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HomeMy WebLinkAbout04052007 Planning & Zoning Packet Seward Planning & Zoning Commission ApnJ5,2007 . Marianna Keil Chair Term Expires 02/10 1. . : 2. Tom Smith Vice-Chair Term Expires 02/10 3. Margaret Anderson Commissioner Term Expires 02/09 4. Kevin Clark Commissioner Term Expires 02/09 Lynn Hohl Commissioner Term Expires 02/08 Sandie Roach' Commissioner Term Expires 02/10 Commissioner Term Expires 02/08 Marvin Yoder Interim City Manager ; D. &ott Williams Planner Christy Terry Executive Liaison 7:3U p.m. Re~~:~~~~~~~ I I I I I 1 I I I . Call to Order ------ Opening Ceremony A. Pledge of Allegiance Roll Call Special Reports & Presentations A. City Administration Report 1. Reported Violations, Interpretation and Abatement B. Other Reports, Announcements & Presentations I I ~ I ~ I I l-:-KPB Planning Commission Report - Tom Smith 2. 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 agenda item J 6. Approval of Agenda and Consent Agenda. [Approval of Consent Agenda passes a/l 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 /0 the Regular Agenda.] Planning & Zoning Commission April 5, 2007 Regular Meeting Agenda Page 1 7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the first opportunity to speak] A. Unfinished Business Items requiring a Public Hearing- 1. Resolution 2007-01, of the Seward Planning and Zoning Commission of the City of Seward, Alaska, granting an amendment to a Conditional Use Permit issued to Providence Alaska (10/1996) as amended by the Seward Board of Adjustment: elimination of condition lOb related to the requirement for perimeter fencing for the Helistop located on Lot la, Original Townsite of Seward, Marathon Addition, within the Institutional Zoning District... ............ ... ... ...... ...... ......... ...... ...... ......... ........ ...... . Page 4 B. New Business Items requiring a Public Hearing- 1. Resolution 2007-05, of the Seward Planning and Zoning Commission of the City of Seward, Alaska, granting a Conditional Use Permit to Tom and Lori Swann the development of an ]] - room hotel at 504 Adams Street located in a Central Business Zoning District .......................................... Page 18 2. Resolution 2007-06, of the Seward Planning And Zoning Commission of the City of Seward, Alaska, recommending the Seward City Council approve the Vacation of"B" Street between Eirst Avenue and Second Avenue and Convey Title to the State Of Alaska (A VTEC) for Educational Facilities.... ... ...... ...... ......... ...... ...... ... ... ......... ...... ........... . Page 32 3. Resolution 2007-07, of the Seward Planning And Zoning Commission of the City of Seward, Alaska, recommending the Seward City Council approve the Conveyance of Block 6 also Described As: TIS R 1 W SEC ] 0 Seward Meridian SW 0000004 Original Townsite of Seward Federal Addn (School Reserve) BLK 6 to the State of Alaska (A VTEC) for Educational Facilities. .. . . . . . .. . . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . . .. .. . . .. .. . .. . .. . . .. .. . . .. .. . .. . .. . .. . Page 44 8. Unfinished Business- A January 4,2007 Regular Meeting Minutes ................................................ Page 49 . 9. New Business * A March 6,2007 Regular Meeting Minutes ....................................................... Page 60 10. Informational Items and Reports (No action required) - Planning & Zoning Commission April 5, 2007 Regular Meeting Agenda Page 2 A. Seward Bear Creek Flood Service Area Board Agenda for April 2, 2007 and Seward Bear Creek Flood Service Area Board Approved Minutes for February 19, 2007 and March 5, 2007................................................................................................. Page 69 B. Work Session set for April 17, 2007 at 6:30 pm to discuss the recommendation that the Seward City Council amend the Seward Land Use Ordinance Zoning Designation of Lots I -6, Block 8, OTS, from Auto Commercial to Central Business Zoning District to develop a Community Library and Museum. 11. Commission Comments 12. Citizens' Comments [Limit to 5 minutes per individual - Each individual has one opportunity to speak] 13. Commissions and Adininistration Response to Citizens' Comments 14. Adjournment ~ Planning & Zoning Commission April5,2007 Regular Meeting Agenda Page 3 Sponsored by: Providence CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-01 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT ISSUED TO PROVIDENCE ALASKA (10/1996) AS AMENDED BY THE SEWARD BOARD OF ADJUSTMENT: ELIMINATION OF CONDITION lOb RELATED TO THE REQillREMENT FOR PERIMETER FENCING FOR THE HELISTOP LOCATED ON LOT lA, ORIGINAL TOWNSITE OF SEWARD, MARATHON ADDITION, WITHIN THE INSTITUTIONAL WNlNG DISTRICT. WHEREAS, Providence Seward Medical and Care Center was granted an amended conditional use permit including conditions on March 10, 1997 having been heard by the Seward Planning and Zoning Commission and appealed to the Seward City Council sitting as the Board of Adjustment; and WHEREAS, Condition 10 of the CUP allowed for the location and operation of a helistop for purposes of helicopter medivacs; and WHEREAS, Condition "lOb" required the applicant to "install a fence around the perimeter of the landing site to ensure a safe landing zone and provide a barrier to dust and debris." The applicant complied with the condition and erected a chain link fence; and WHEREAS, The applicant, Providence Seward Medical and Care Center, has properly applied for an amendment to the conditional use permit to remove Condition lOb and provided justification for their request; and WHEREAS, Typical snow conditions for Seward and the need to keep the helipad clear of snow and ice debris is made more difficult with the fence; and WHEREAS, FAA Circulars and Advisories have been reviewed for helicopter operations adjunct to a hospital and no specific requirement for fences surrounding a helistop have been discovered; and L\ Seward Planning and Zoning Commission Resolution No. 2007-01 Page 2 WHEREAS, having complied with the public notification process; on March 6th, 2007, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application (amendment). . NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. According to SCC 15.l0.320.D., the Commission shall establish a finding 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 district Finding: The principal use will remain unchanged by this amendment and no adverse impacts to adjoining properties or other properties in the area are anticipated. . B. The value of adjoining property will not be significantly impaired Finding: There is no indication that the amended conditional use permit would substantively change site and/or operating conditions nor negatively impact the value of adjoining properties-and-no-negative public comment-bas-been received from the neighboring property owners. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding:. This use was previously reviewed for consistency with the Seward 2020 Comprehensive Plan (2005) and Strategic Plan (1999) and nothing in this amendment would change the previous determination. n Public Services andjacilities are adequate to serve the proposed use. Finding: NI A. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: There is no anecdotal evidence that removal of the fence would increase the risk ofhann to the public, or be adverse to the public's health and/or welfare. The applicant has stated, based on observations of helicopter operations for nine (9) years that the fence may be more of a source of increased hazard to operations due to accumulated snow. ~ F. Any and all specific conditions deemed necessary by the commission to fulfdl 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. 5: Seward Planning and Zoning Commission Resolution No. 2007-01 Page 3 Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: No Additional conditions. All-other conditions attached to, and required-for the conditional permit approval will remain unchanged. Modification of final approval of a conditional use permit may, upon application by the permittee, 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 finds that the proposed use, subject to the above conditions, satisfies the criteria for granting an amended conditional use permit provided the remaining conditions listed in the permit are met by the applicant, and auth9ri:zt:S tht: admif!istration to amend th~conditional use permit for the opemtion of a hospital helistop at the Providence Seward Medical and Care Center by removing condition lOb. Section 3. The Planning and Zoning Commission fmds that adherence to the conditions of this (previously issued) permit is paramount in maintaining the intent of Seward City Code Section 15.10.320; conditional use permits, and authorizes the administmtion to issue an amended conditional use permit. Additionally, the administmtion shall periodically confirm that 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 6th day of March, 2007. THE CITY OF SEWARD Marianna Keil, Chair Co P&Z Agenda Statement Through: Marvin Yoder, Interim City Manager ~ ~O. s"";~ll t: ~\,~o " ".I~";;:::t ""';;,. _(S" <I(AS""I' I I I '1 I Meeting Date: March 6, 2007 From: -- D. Scott Williams, Planner Agenda Item: RESOLUTION 2007-01 OF THE SEW ARDPLANNING AND WNING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT ISSED TO PROVIDENCE ALASKA (10/1996) AS AMENDED BY THE SEWARD BOARD OF' ADIDSTMENT: ELIMINATION OF CONDITION lOb RELATED TO THE REQUIREMENT FOR PERIMETER FENCING FOR THE . HELISTOP LOCATED ON LOT lA, ORIGINAL TOWNSITE OF SEWARD, MARATHON ADDITION, WITHIN THE INSTITUTIONAL ZONING DISTRICT. BACKGROUND & ANALYSIS: Back2round: Applicant: Providence Seward Medical Center KPB peN: 148010I() Location: 417 First Ave. / Marathon Addn. Replat Lot I A Area: Approximately 2.32 acres " ; Zoning: Institutional Existing Use: Hospital / Helistop Proposed Use: Continued Use as a Emergency Helistop Flood Zone: N/A Page 5 7 Providence Seward Medical Center has submitted a request to amend their previously issued conditional use permit that allowed the placement and operation of a helistop to medievac patients to and from the hospital via helicopter. The helistop was a provision granted by the Board of Adjustment on appeal after the conditional use permit was reviewed by the Planning and Zoning Commission. Providence desires to remove condition "lOb" which requires a fence to be erected around the helipad. The condition reads," Install a fence around the perimeter of the landing site to ensure a safe landing zone and provide a barrier to dust and debris." The justification asserted by Providence are :( quoted) . "Snow removal from the helipad is greatly hampered by the fence. We are unable to push large amounts of snow to the fence, and it takes longer to remove snow, thereby increasing the amount of time and fuel it takes for snow removal; . The fence actually makes the helipad more dangerous. When snow cannot be moved back far enough and is piled on the fence, there is less room for the helicopter to land and snow can be higher than the tail rotor is off the ground; . The fence is a hazard to moose calves. During the early spring, we have had new born calves approach the fence. As . the fence is an unusual height, if a calf _ __~~te!!!pted t~ jump _the fence, there is a possibility it could get caught by the top of the fence; . Due to snow removal, the fence is damaged every winter and must be repaired every spring. This is an expense that could be eliminated." Analvsis: Staffhas reviewed the request to remove condition "lOb" as well as the general history of the permit and operations of the helistop and have concluded that the request to remove condItIOn lOb and theretore remove the penmeter fencmg around the helislOp appears lo be motivated by practicality. Staff also reviewed FAA AC 150/5390-2B Circular Chapter 4 Section 412 "Safety Enhancements" regarding hospital heliports and found that no specific mandate exists to fence a helipad and the decision to erect fencing or barriers must be based on specific site conditions. This chapter advises that people, animals and vehicles need to be kept away from the landing area; however, other means may be employed to affect the same outcome. In this case, hospital personnel may be deployed during landing and take-off operations to assure there are no incursions of people and animals or vehicles on the landing pad. The same document also addresses the need to keep landing areas clear of debris including ice and snow to prevent loose materials from being made airborne and causing injury or damage to the aircraft. Concerning the matter of operations, it seems reasonable to expect that the noise of a Page 6 B helicopter and rotor wash produced by a hovering aircraft as well as flashing warning lights would give substantial "warning" that persons and animals should stand clear. Moreover, the pilot of an aircraft is ultimately responsible for safe landings and take-offs and will make judgments about the safety of a landing area. Public Comment: At the time of publication of this report, staffhas received one public comment regarding this proposal and permit application. Seward Fire Chief Dave Squires has asserted that the fence is critical to the overall safety of operations at the helipad. . The fence, if the adjoining area were properly maintained including appropriate snow removal, provides an effective barrier to children, and animals. The site, having been inspected for this action, was found to be lacking in proper snow removal and the fence has been damaged due to snow removal operations. Snow has been pushed, and is being stored up against the chain link fence and therefore defeats the barrier function of the fence. It appears that snow from the pad and fence areas needs to be transported away from the site rather than be stored. If any additional correspondence is received after publication of .this agenda statement, it will be presented as a lay down item at the March 6th meeting. CONSISTENCY CHECKLIST: Yes No I. Comprehensive Plan (2006) L 2. Strategic Plan (1999) --X- This requested amendment will not change nor have an effect on the land use aspects of the hospital or helistop. The establishment of the helistop in conjunction with the operation of Providence Seward Medical Center is consistent with both Comprehensive and Strategic Plans by promoting local medical emergency services including medivac. RECOMMENDATION: Staff does not make a recommendation whether the Commission approves or dissaproves Resolution 2007-01, granting an amendment to the conditional use permit issued to Providence Seward Medical Center on March 10, 1997 to remove condition lOb. I I I If the Planning and Zoning Commission denies the amendment as requested, Staff recommends amending Condition lOb to include proper maintenance of the area around the fence to include removal of the snow away from the helipad and away from the fence itself and finally, to prohibit snow storage within the fenced area. PlU!e 7 U\ ~ Providence Seward Medical Center P.O. Box365 Seward. AK 99664 Tel 907:224-5205 Fax 907.224-7248 Providence Seward Family Clinic P.O. Box 365 Seward. AK 99664 Tel 907.224.5205 Fax 907.224.7248 Providence Wesley Care Center P.O. Box 430 Seward. AK 99664 Tel 907.224-5241 Fax 907.224.5250 .907.224.3688 Providence Seward Home Health P.O. Box 365 Seward. AK 99664 Tel 907.224.5205 Fax 907.224.7248 CITY OF SEWARD February 1,2007 FEB - 6 2007 Seward Planning and Zoning Commission City of Seward Community Development PO Box 167 Seward, AK 99664 PLANNING OFFICE Dear Commission Members: Providence Seward Medical and Care Center respectfully request to be able to remove the fence that is currently around the helipad. We realize this will require an amendment to our Conditional Use Permit. We would like to remove the fence for the following reasons: . Snow removal from the helipad is greatly hampered by the fence. We are unable to push large amounts of snow to the fence, and it takes longer to remove the snow, thereby increasing the amount of time and fuel it takes for snow removal. . The fence actually makes the helipad more dangerous. When snow cannot be moved back far enough and is piled on the fence, there is less room for the helicopter to land and snow can be higher the tail rotor is off the ground. . The fence is a hazard to moose calves. During the early spring, we have had new born calves approach the fence. As the fence is an unusual height, if a calf attempted to jump the fence, there is a possibility it could get caught by the top of the fence. . Due to snow removal, the fence is damaged every winter and must be repaired en e that could be eliminated. We appreciate your consideration in this matter, and would be happy to answer any questions you may have. Sincerely, '~nku.,--f~~ Kathleen R. Kloster Administrator Providence Seward Medical and Care Center [0 431 FIRST 809 FIRST //' //' // ",r'/ ./....,....... / ~ /, . \, '\ \ \ 206 \ LOWELL \. 202 LOWELL CANYON / -" " .".-,"\, \ ",', " .." \ \ i' " 204 \ / LOWELL CANYON .... \ , ___._.__._"_n____'___o_'L...-._._...__._.._____._._.__-.: ELL CANYON ROAD .___ -- -; r--~-~-----; -- -------r-------.-f.-- ---r- ~--- --- .-, . 215' ' I I I ~~LLC~+N i I ! I' I I I I " '\ I , . 213! I I I I I 335 , OWELLCANVON I I I I FIRST : ___ d_--: i 109 107, 105 I I 'I LOWEL~CANYONLOWELLCANYONLOWELLCANYON I : 211 i I 201: i I I I iOWELLCA~ON LOWELL CANYON : I i I------------J lWE~LOC~lN ! i i! i I 327 ! 1______1..--1 r-----L-315--L----~ FIRST , ' Prov/Seward Medical Center CUP. Amend item 10b 6 N - Sheet No. 1 of 1 o I 50 100 Feet I \\ 1 inch equals 100 feet I , I \ I 1---- I 430 ! FIRST I ,.--- I 428 I FIRST ~--- I 426 L~I!..ST : 424 r-- FIRST I ! I 103 IIAOISON 420 FIRST W :J Z W :;>-' <( ..... ef)' ex: u. I i 1.____ \ I I I I I I , I , i l--~- I i i I I , J---"----- : I ! I , , , i i L-._._.,____.~__' 412 FIRST 406 FIRST 400 FIRST 437 SECOND 429 SECOND I I I I I , 423 I SECOND ' I ~. --j i , I I 419 I I SECOND 409 lIECOND 407 SECOND 405 SECOND \--SE=~_ I____~ JEFFERSON STREET i--------I I ' , I I 336 I I FIRST . I ! 1-------1 i 330 i \ FIRST I l_______J I ~~~ I I------------'"l I I \ ~C~~D \ I i . I !..---m-~.-..-._-.--.-~l I I I 331 ' I SECOND I ..,_____._._.__i i 329 I ~-----~ii;D --1 , I SECOND! Drawn 8y: Marathon Addition Lot 1A DGlenz Checked by: Date: Scott Williams March 6, 2007 Memo From: Scott Williams, Planner David Squires, Fire Chief ~ 2/27/2007 To: Date: Re: Granting an amendment to PSMC's CUP condition 1 Db I want to advise you that I am opposed to the elimination of the condition that requires having perimeter fencing for the helistop at Providence Seward Medical Center. In my original memorandum to Kerry Martin, Community Development Director dated October 23, 1996; I gave four reasons not to select the original site for the helistop. A new site was selected and compromises were done. In the memorandum to City M;:m~op.r Ron Garzini dated January 13,1997; in which there were four safety points that Karl Reiche of Locher Interests, Inc and I made for the helistop and I suggested four others to the City Manager that were forwarded to Mr. Martin. He included those as part of the CUP that the Planning and Zoning Commission approved on March 10, 1997. The reasons for the fencing were to alleviate concems the residents had on children in the neighborhood, pets and wildlife in the area that may enter the landing site and debris being blown around by the helicopter. It also gave a sense of security to the pilots of the aircraft for a "controlled area" for safe landing site. PSMC's letter to the Commission is basically a maintenance excuse. During construction of the helistop, the snow removal issue was a point of discussion with the engineers and the hospital director. It was agreed that the snow would be mechanically blown out of the landing area and the outside perimeter of the fence. While this was, in my opinion, labor intensive; the hospital director felt that it was a \1-- doable item. In PSMC's letter they do not suggest any altemative to the previous expressed concems of the residents of the neighborhood for the helistop. While this fence issue is not a fire concem, it is a safety concem. I have been to the meetings that were held previously and heard the promises made to the residents of the area by the Providence and the City administration. I would hope those promises and concems would be upheld by this Planning and Zoning Commission. . Page 2 \3 ISSUED TO: ISSUE DATE: LOCATION: SEW ARD PLANN1I'-lG & ZONING COMMISSION AMENDED CONDITIONAL USE PERMIT Providence Health Systems March 10, 1997 Lots 1, 2, 3, 13, 14, 15, 16, 17 & 18, Marathon Addition This amended Conditional Use Pennit was granted by the Seward City Council following the Board of Adjustment decision on March 10, 1997, which reversed the decision of the Seward Planning and Zoning Commission. and approved an amendment to allow construction and operation of a helistop with certain conditions. This amended permit is issued as follows: __2. To construct and operate Providence Seward Medical Center subject to the following conditions: 1. Any significant plan amendments or future expansion/development plans (i.e. medivac helipad, future building) will be submitted to the P&Z Commission for further review, approval and possible cond,tions. . An icl.:ormationaL and .directional sign plan .will. be.. d~y'eIQped .and .appr9ved by the Commission. 3. All parking areas and driveways will be paved within one year from the demolition of the existing hospital. 4. In accordance with Seward City Code ~ 15.10.215 (H), lighting of all parking areas shall be developed to reflect away from adjacent residential areas and all public streets. 5. 6. 7. If, at any time, the vegetative screening between Glacier View Apartments and the hospital property is removed it must be replaced by either a solid wood fence or hedge not less than four feet or more than six feet in height. The site plan will be amended in accordance with SCC ~ 15.10.215 (N) which prohibits any fence, wall, hedge, or other planting, structure or vehicle, fonning a material impediment to visibility, within the required site distance triangle. Landscaping, based on the plan submitted with the Conditional Use Permit application, shall be completed within one year from the date of the certificate of occupancy, with the exception that trees will not be permitted within the public right-of-way. \L\ 8. Solid waste dumpster(s) will be screened from public view with a solid wood fence. 9. The permittee will submit final grade elevation plans and a drainage plan to the city for review and approval. , 10. Providence may construct and operate a hospital helistop on the site, subject to the following conditions: a. Relocate the helistop location to the northwest comer of the site between the proposed hospital building and the parking lot. b. Install a fence around the perimeter of the landing site to ensure a safe landing zone and provide a barrier to dust and debris. , c. Install traffic control lights on First Avenue 100 to 150 feet north and south of the site to be controlled by the pilot and to aid traffic control. d. No light poles shall be in the flight path on the site, to increase safety . depending on the angle of approach and departure. e. Remove the three (3) wooden utility poles located at the comer of . Lowell Canyon Road and First Avenue. f. Remove the six (6) wooden utility poles along the west side of First A venue in front of the existing building. g. Relocate the flag pole. ho Install an anemometer, wind direction instrument, and windsock at appropriate locations to ensure the pilot and hospital staff have adequate information to schedule flights and to assist the safe operatlOn of the helicopter. i. Install appropriate lighting of the landing pad for night operation with switch controlled pad lights to minimize light from the pad when not in use. j. Providence shall be responsible for maintaining the area of the helipad and hospital property in the flight path, including the TLOF. FATO and Safety Area free of debris that may be affected by the helicopter's rotorwash during take-off and landing. k. Providence shall place warning signs on all sides of the Final Approach and Take-Off Area. - l~ 1. The TLOF, FATO and Safety Areas shall be paved or covered with a material (i.e. lawn or washed rock) to mitigate potential adverse rotorwash effects created during the helicopter's take-off and landing. m. Providence shaH comply with all Federal Aviation Administration recommendations, including the recommendations for hospital helistops contained in the FAA Heliport Design, Advisory Circular and the recommendations contained in the letter to Karl Reiche from James Perham, Project Manager, Safety & Standards Branch, Airports Division, dated December 12, 1996 (recommendations included in the conditions listed above). 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 each upon a fmding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A public hearing shaH not be required prior to granting an extension of time (Section 15.1O.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-19th day of March, 1997. THE CITY OF SEWARD, ALASKA 'II, to ./..',t ~. .., ,,-, ~, . . ", ~ .p........ ....,.-:; f"t. 4'--?I1o . .- c "'0 - '. 'r,> ~ ~~ ("q~,r i"'....s).,'. "'_" ~ (~.....('" "(:'o~"v ~ ':1: .-.._ "'0 .. ".. . .. O I"""f "', ' .~ : : a:; J ......; t : ~ _ ...... . ~....~,.4 . .. . .. ~ --- ... :: ~I~ ...," - I' '," "- t:,... ...... .' .. .~ ~.'r-:: 1\ '\:;......~~.... .;~~, "~"r..'. ,~ '" :h. ...... "\r- ~ \. r ,"' ....~ . "',:-- f".- ...~ )f."~l'l"_,~!.,')ll" \0 DATE: March 12, 2007 I I I I MEMORANDUM TO: Planning and Zoning Commission D. sc~ Planner FROM: RE: Additional Information Re: Providence Helistop Request At the request of one or more members of the Commission, I have contacted the principal operator for airborne medivacs. Kathy Kloster, of Providence, provided a contact name and phone number for a Mr. Tom Bailey of lifeGuard. Mr. Bailey stated that LifeGuard has not taken a position on the issue of the fence around the Seward helistop at the hospital. He expressed concern about flying debris as the highest concern when operating a helicopter in and out of the pad. He believes that Providence will be able to clear snow more effectively without the fence. He also recognized the reason for the fence in providing a visual, if not a physical barrier to domestic animals and children. But he said that in his experience, no incursions of animals or humans have ever occurred at the Seward facility. Apparently, Seward is the only helistop that Lifeguard uses with a fence around the perimeter of the pad. I I I I l I Mr. Bailey also stated that no operations have ever been hampered by incursions and that. the pilot of the aircraft is ultimately responsible for a safe landing and take-off. He further stated that a pilot would not hesitate to divert to another landing site if the safety of using the hospital helistop were compromised. , \1 .... " Sponsored by: Swann CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-05 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO TOM & LORI SWANN FOR THE DEVELOPMENT OF AN ll-ROOM HOTEL AT 504 ADAMS STREET LOCATED IN A CENTRAL BUSINESS ZONING DISTRICT (CBD) WHEREAS, the applicant has properly applied for a conditional use permit to develop an II-Room hotel at 504 Adams Street in the historic Odd Fellows Hall; and WHEREAS, the current use is as a single-family dwelling with five rooms operated as a Bed and Breakfast; and . WHEREAS, the building is located in the Central Business zoning district and a hotel is an allowed use with a conditional use permit; and WHEREAS, the facility is proposed to offer an (11) eleven-room visitor accommodation and the eventual re-opening of the ballroom, conference space and manager's living space; and WHEREAS, access to the facility will be from Adams Street and/or the alleyway to the east of the building, the building currently receives public utilities; and WHEREAS, no on-site parking is required in the Central Business zoning district, however, the applicant proposes to supply eleven parking spaces (ten regular & one ADA) for guests and residents; and WHEREAS, having complied with the public notification process; on April 5th, 2007, 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 15.1O.320.D., the Commission shall establish findings that the use satisfies the following criteria prior to granting a conditional use permit: \~ Seward Planning and Zoning Commission Resolution No. 2007-05 Page 2 of 4 A. Is the use consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district? Finding: Yes. The property is zoned central business district and a hotel is an. allowed use with a conditional use approval in this distri.ct according to the Table of Allowed Uses SCC 15.10.225. B. Will the value of adjoining properly will be significantly impaired? Finding: No. There is no evidence that the development, as it is proposed, will impair the value of adjoining properties or rights-of-way and no negative public comment has been received from neighboring property owners. . c. Will the proposed use be in harmony with the Seward Comprehensive Plan' Finding: Yes. The Commission has determined that the proposal is in harmony with the Seward 2020 Comprehensive Plan (2005) and Strategic Plan (1999) by augmenting existing visitor accommodations and providing conferencing and public functions space which supports the tourism industry as well as local recreational and civic opportunities; D. Are public services and facilities adequate to serve the proposed use? . Finding: Yes. Water, sewer, and power are currently serving the property and fire, police and solid waste disposal services are available and deemed adequate; E. Will the proposed use be harmful to the public safety, health or welfare. Finding: No, There is no evidence that the development and operation of the. hotel, as proposed, would be harmful to the public's safety, health and welfare. Close walking proximity to the downtown commercial district makes the hotel location beneficial to visitor circulation supporting the downtown business district; 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. Based on the above fmdings and conclusions, approval of the CUP shall be subject to the following conditions: No Conditions Section 2. Modification of final approval of a conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission: \q Seward Planning and Zoning Commission Resolution No. 2007-05 Page 3 of 4 a. When changed conditions cause the conditional use to no longer conform to the standards for its approval, or b. To implement a different development plan conforming to the standards for its approval, or c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. . Section 3. The Planning and Zoning Commission finds that the proposed use subject to conditions, if imposed, and based on the application and supporting materials, satisfies the criteria for granting a Conditional Use Permit and provided the development is consistent with the application proposal and all applicable laws, approves the development and operation of an eleven (II) eleven-room hotel at 504 Adams Street; Section 4. The Planning and Zoning Commission finds that adherence to the conditions, if imposed, 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 that the use conforms to the standards of its approval. Section 5. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of April, 2007. THE CITY OF SEWARD Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, City Clerk 1--0 .. P &Z Agenda Statement Meeting Date: April 5, 2007 Through: Marvin Yoder, Interim City Manager D. Scott ~er ' From: ~ Parcel rd. 14914002 Agenda Item: A request for a conditional use permit by Tom and Lori SwaIm for the development of an (11) Eleven-room hotel at 504 Adams Street, Portion of Lots 21-24 BIk 17 OTS Central Business zoning district. BACKGROUND & ANALYSIS: Backe:round: Applicant: Tom and Lori Swann, P.O. Box 905, Seward Ale 99664 Location: 504 Adams Street Legal Description: Portion of Lots 21-24 B1k 17 OTS Parcel #: 14914002 Area: 7000 Sq. Ft. Zoning: Central Business (CBD) Existing Use: Single-Family, B&B -; Proposed Use: Hotel (11 Rooms, ballroom and conference space) Flood Zone: N/A Tom and Lori Swann have submitted a conditional use application to permit the development of an (11) eleven-room hotel at 504 Adams Street in the historic Odd Fellows Hall. The property for the proposed development is located in a Central Business 1-\ .-. zoning district. The development, as proposed, will include eleven rooms for overnight accommodations, ballroom and conference space. The applicant has proposed to furnish II parking spaces one of which will be ADA accessible. The applicant has indicated that the hotel development will require about two (2) years for completion. The applicant proPQses to_ augment the building with an addition to the east side of the existing building to provide for restrooms and elevator to upper floors. . Access to the park will be from Adams Street and / or the alleyway to the east of the property. The existing building is serviced by public water and sewer as well as all other utilities. Analvsis: Hotels are allowed with conditional use permit approval (CUP) in the Central Business (CBD) Zoning District, as per Seward City Code (SCe) Land Uses Allowed Table 15.10.225. The use proposed in the application is "hotel" which is listed under: "lodging, hotel, motel, lodge and inn." Section 15.1 0.140 Definitions " defines "hotel" as: A facility with six or more guest rooms and on premises management offering transient --lodging- accommodations-to-the--general public_on_a_daily_rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns. The intent of Title 15, the Seward Land Use Code for the Central Business zoning district is to: "Provide(s) for 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 Ihe type wnir.;n Uf~ ",utuuN)' beneficial and located close enough together to encourage walk-in trade. " The adjacent land uses in the vicinity of the proposed hotel include professional office, single-family residential and retail commercial. Public Comment: At the time of publication of this report, staffhas received no public comment regarding this proposal and permit application. If any additional correspondence is received after publication of this agenda statement, it will be presented as a lay down item at the April 5th meeting. ~-t- .- CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan (2006) L The Comprehensive Plan supports the proposed hotel development under: Section 2 Community Vision and Values under Economic Base, by: "support the promotion of sporting, cultural events, conventions and other activities year-round," and "promote expansion and development of local entrepreneurial businesses." Many Values statements and objectives support expansion of businesses activities, including those that support the visitor industry. In Section 3, many areas of economic development include encouragement of tourism, and tourism support businesses. 2. Strategic Plan (1999) The Strategic Plan also supports the proposal under: Economic encouragement of the expansion of industries in the Seward area. --X- Base by the RECOMMENDATION: Staff recommends that Commission approve Resolution 2007-05, granting a Conditional Use Permit to Tom and Lori Swann to develop an (11) Eleven-room hotel at 504 Adams Street as proposed, in the Central Business (CBD) Zoning District subject to the following conditions: No Conditions 1--'?J . . ~. . . . '~G21~.~ ,J; .; " ; """. . '. " - . ., ^ "1.1", "':,... i.. '. " ~, - :rr:'.{=.~~~L~v' ~ ~'. ~-wS~i~-~;:.t CITY OF SEWARD MMUNITY DEVELOPMENT OFFICE P.O. Box 167 . Seward, Alaska 99664 (907) 224-4048 . CONDITIONAL USE PERMIT APPLICATION This completed application is to be submitted to the Community Development Department no . 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 filina fee; and if property is already developed, .an as-built survev prepared by a surveyor registered in the State of Alaska; or scaled site and elevation plans for undeveloped land. APPLICANT INFORMATION Applicant: n""1 ~ 1....0"" S I.-V A-NIY Address: Pi> 130)( 105 5e"-'~ . Telephone No.: ;J...'2.'{- 3/')~6 Property Owner (if other than applicant): Address: S,,"" ~ Telephone No.: PROPERTY DESCRIPTION Address: 5 tJ't A~04o+1 . 5/... €. % 1';, '-Is )J'^3 i- E%-8 r'lz. ~ {<f'I. 2.'( Lot Rlock '7 Sllbdivision OTS Lot Size: 7t516 CJ (acres/Gl T ax-J2afGel-No. ~ !!L..!!EZ... Land Use Plan Designation: Zoning Designation: C-B DEVELOPMENT PROPOSAL INFORMATION .. . \; , 't A. What structures are located on the property? t!J"~/:..,,.J 1 t:?o F B":'lcP,'u.J B. What is the existing use oftheproperty? ~... i3 / .e.<.-s:eRe-c-c- . C. What is the proposed use ofthe property 1.1 ~..., JIoj.,./ /rNJ{ l-u,'rh- Bill/ ~ / Co4.~m>x: It - ~tIJtf 1/ 5p"lu. c-{:.f. <;-N-a'+P'l..I,~ J4-. ~...J-,.,- D. What is yourdevelopmenttime schedule? 2.../~I4r<; ..... I1tt-.l.1er Af!;. CUP PERMIT 11/99 1 of 3 ~l\ " ~ . . , 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; dl driveways/access; e) natural features; and fl other pertinent information. " I I I I I 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: ('l'1 Owner of record; (I Lessee; ( I' Contract Purchaser; (I 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. Applicant's Signature: Enclosed: Fee: $250 ( I Site Plan ( I Elevation Plans ( ) Location Map ( I . Other ( ) CUP P9lMIT 11199 1--c; - .. . .. 3 of 3 . . 1) The use is consistent with the purpose of the Seward Zoning Code and the purpose of the Zoning District: A Swan Nest Inn which is located in the original IOOF building (originally completed in 1918) is located in the Central Business zoning district and with in the Historic Overlay plan. Re-establishing the original use of the first floor as a ballroom to be used for civic events, plays, weddings, conferences and private parties is allowed outright under several descriptions i.e.: auditoriums, theater, community/civic center, and clubs. Currently the Inn is operated as a B&B with in a private residence. With the completion of this project the Inn will be a true hotel meeting all codes for a commercial facility. The new facility will better meet the purpose of the zoning. The hotel portion of the project requires a Conditional Use Permit. The hotel and ballroom portions of this project fit well with the other development planned for the area i.e. the Mary Lowell Center. 2) The value of the adjoining property will not be significantly impaired: Since we took ownership of the IOOF building 6 years ago the Library to the south, Ray Building to the west and the Lindsey property to the east have all completed up-grades. We have completed exterior renovation only on the south side of the Building. This project will bring the other three sides of the building up to the standards _ ~et by our neighbors. This building will definitely help improve the local property values.~ - u --- -- - 3) The proposed use is in harmony with the Seward Comprehensive Plan: This project enhances the comprehensive plan in several ways. From a community values perspective it adds to the small town feel and historic appearance by completing the renovation of one of the historic buildings in the downtown district. From a Quality of Life perspective the project reestablishes this historic venue for social and civic events adding to the sense of community. From the economic development side we will be increasing the number of rooms with in walking distance of the town's central business district with its shops and restaurants. Furthermore, activities in the ballroom will also bring more people to the downtown area. Most important the project ties in with the Cities plan to improve shoulder season tourism by increasing conference capabilities. ., 4) Public services and facilities are adequate to serve the proposed use: Even though regulation 15.10.215 o[the Planning and Land Use Regulations exempts Businesses in the CB district from the requirement of providing off street parking, we are providing off street parking for one handicap space, 8 standard spaces and two additional standard spaces for residential/managers use or a total of 11 spaces. Because A Swan Nest Inn is located with in walking distance of the town center, the Sea Life Center and other attraction we attract visitors that do not bring vehicles. "~\p . . This is my 6th year in the hospitality business and during that time only about 50 -60% of my customers arrive by vehicle. The other 40-50 % of my guest arrive in Seward by ship, train or bus and do not utilize parking. In the very rare circumstance that more then 9 guest spaces would be needed, there would be plenty of parking on the street because none of my neighboring businesses provide late night or overnight services. Access by police, fire, and ambulance are all adequate. Access to water, sewer, electric and fuel are all adequate. 5) The proposed use will not be harmful to the public safety, health and welfare: Restoring historic buildings in the downtown area is very difficult financially . because of the sever deterioration of most of these old properties along with the additional cost of ADA compliance. Ours is no exception, it used to be one of the biggest eye sores in the Seward downtown area. It is a rare day that someone does not compliment us on how nice the building looks in its current state.' Restoring the first floor to its original use as a ballroom with a stage will be even more financiallydifficuh. To accomplish this we will be adding restrooms, catering facilities, elevator and storage areas external of the existing building. This is necessary to meet current codes and keep the integrity of the original ballroom. It will take every effort on our part as well as community support to make this project a reality. Maximizing the number of guest rooms on the second floor is essential to the viability of this project. The City Commissions have met to determine ways to help save historic downtown building. Granting this Conditional use permit with 11 off street parking places will significantly help in the restoration of this building. 1,-\ , , \ Ii .Ii /i If ;/ I ;'1 ,1/ :; \ i/ 1./, \':J. . . \ \ \ \ \ \ \ , ,: ',/ " /' i/ /, 1/ \ \ \ , , \ \ \ \ , \ \ I. w >- W 0:: ",0 zZ <(0 >-0 ...JO:: (5Q>- mffis :J>-<( LL.~> \ [J AS BUILT z to <Il o ...J o I- .~",S9 -'" ~ Z<Il b ~~ ~ ~~ , "", '-, ~ 5 lD <Il <( , " \ I ~ 5 lD <Il <( I o o ,-, , '") ~ " io Z j ~ ,11. ...J <( o ii: ~ -.o".9~ .9~/L g-,~~ .... .... o .... CJ) co .... <0 ll) v <"l N .9",99 504 ADAMS ST 1r~ I >- w -' -' <( I I , I I I I I I I I I I I I I ~ ~cor T~~T I BLK 9 l-LJ ~ ~ :s <::( 2: ~ c::: 80' CITY OF SEWARD MAR 2ll 2SJIJ/ PlANNING OFFICE S89"57'07"w 99.75' ---.i.OT130 , LOT 29 I I I NOTE: Overhead Utility Lines to W 1/3 Lal 23 cross this parcel >- l-LJ --.J --.J <::( N 1/2 LOT 24 ,-Fence & Deck on N 1/2 Lal 24" ,jJ89 "58 57 E _66.54... , E V.d-S1/2 ';JJ~j. ~a1- Q) ==-=e Jp ~33.27' ~I ~I 33.1' ~I .!'l ~~ Q <I I 0.6' "J'').'':> , 'b "0" t.r) ~ " ll:) u "d Q <:> i!; -'" <>: ;:: .. ).. il: ~ '" Q iiI -~ 32.8' _ .Lw ~~ ~r<') ':t'Q QC) -0 Q < 0) (Q If'i r<') r<') E 2/3 LOT 23 " v:.q. ~ ~<S!- . ~.>- q,. ~ E 2/3 LOT 22 '" '" "! ti ~ S: ,I\t '\l :\ 'v0 20' Bldg. Wall on R.O.1oY. Line NOTE: Sign & portion of Cone. footer in R.O.~ NOTE: Footings 0.2' into R.o. W Q <0 (Q Basis of Bearing Plot 2005-25 I I ~"''''''''''''II... . ...'C- CF ~-. .~~.........-...... .. ;_.r~>... ~...,., ... :~~"i t .' \*\ :.....""'... .... ," Z........."'....~ i...~~ ....._--~.,....: ~ ~ \,Wm. Nic:holas Cline': : ~.. ti'i...... LS- 7569 ...... Z .. "l-o".e'A,L.,/.~ .- .. ~...:r::.l.. t-~.- -" fSSICJ'O'"- ~.... ...........' VA Tf OF SURIU: 03/05/2007 RECOI?O OOCUUEN r5: Plot Number " Seward Recording District Deed of Trust, Bk 117, Pg 270 S.R.D. S89"59'75"E 279.77' -t' I LOT 40 BLK 8 CERnFlCA nON Thi$ survey was accomplished in accordance 'Kith A5Pl.S standards for mortgoge location survr::p. This drawing represents the conditions at th~ date of survey and is limited to visible improvements. It does not constitute a boundory su"~y. and is subject to any inoccuracies thot 0 subsequent boundary survey may disc/ose. It should not be used used to establish any fences, structures or oth(!f imprOWlmMtS. Any easements. restrictions or building setbod:s not shoJ/1fl 00 the r~d -doaunents noted hereon are not included in this sumy. LEGEND S Found Rebor & PI. Cop LS 7569 AS-BUlL T SUR~Y THE EAST 2,/3 OF LOTS 21-23 AND THE EAST 2/3 OF THE SOUTH 1/2 OF LOT 24 BLOCK '7. SEWARO ORIGINAL TOVrNSITf' CLINE & ASSOCIA rES P.O_ BOX 2703 SEWARD. ALASKA 99664 901-22'#-1J24 o ... 20 -.... GRAPHIC SCA1.C 40 , ~O FIELD BOOK: 07-04 DWG:07-08A DA TE: 03/10/07 SCALE: 1"-20' Scott Williams From: Michael Gustkey [gustkey@hotmail.com] Sent: Monday, March 26, 2007 5:52 PM To: Scott Williams Mr. Williams, My name is Michael Gustkey and my wife, Marsha, and I own the residence at 228 6th Ave. in Seward. I am writing to you in response to the Planning and Zoning Commission letter we received concerning the conditional use permit application for the Swanns. I am writing this in lieu of my physical attendance since we will not be able to attend the meeting of April 5. I have been part of Seward off and on since 1978 when I arrived as a 6th grader. I graduated from SHS and have worked as a box boy at the old Seward Trading which is now gone. Over the years as I have gotten older I have wondered what Seward could do to boost the economic situation. . We must agree that a city's economy is never standing still. It is either growing or shrinking. In Adam Smith's book, The Wealth of Nations, he mentions the concept of the Invisible Hand where basically the self interest of the business owner benefits not only the business owner, but also many others mthe town by creating jobs and revenue for the town. It is with that in mind that I put my support behind the Swann's application for the conditional use permit. It is my belief that creating more of a base to support the growing tourist industry, which the Swanns seem to intend, is a benefit to the entire town. I look forward to seeing the improvements the Swanns intend for the building which currently supports the logo of the Independent Order OF Odd Fellows. I appreciate their effort to make old buildings contribute to Seward's economic and aesthetic future. Thank you for your time in this matter. Sincerely, Michael Gus ey Live Searcb Maps - find all the local information you ne~ right when you need it. Slllim Not spam Forg~Rrevious vote 3/27/2007 "?:J\ .~- . Sponsored by: Yoder CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-06 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE SEWARD CITY COUNCIL APPROVE THE VACATION OF "B" STREET BETWEEN FIRST AVENUE AND SECOND AVENUE AND CONVEY TITLE TO THE STATE OF ALASKA (A VTEC) FOR EDUCATIONAL FACILITIES. WHEREAS, the State of Alaska through the Alaska Vocational Technical Center (A VTEC) has formally requested the vacation of "B" Street to consolidate the ownership of the property underlying their educational campus; and WHEREAS, the Seward Common Council adopted Resolution No. 49 in 1954 to vacate the subject portion of"B" Street (First Ave. to Second Ave.) but the vacation was never perfected; and WHEREAS, the subject portion of "B" Street and adjacent land has been occupied with educational facility (old high school) starting in the mid-fifties; and WHEREAS, the "B" Street right-of-way was established during the original platting of the Federal Addition of the Original Townsite of Seward; and WHEREAS, the City of Seward after public hearing finds that there is no longer a public interest in preserving that portion of the "B" Street right-of-way for access purposes since it is occupied with structures and is not used for local motorized or pedestnan access purposes. Public utIlitIes eXIst across and/or WItJun the subject nght ot way as well as drainage features that will require field location, verification and corresponding easements for their preservation and maintenance; and WHEREAS, The adjoining property owners are the State of Alaska (Block 15) and the City of Seward (Block 6) and both parties have agreed to convey title of the entire subject right-of-way to the State for educational purposes; and WHEREAS, The street vacation, as proposed, is in the public's interest; and WHEREAS, having complied with the public notification process; on April 5th, 2007, the Seward Planning and Zoning Commission held the required public hearing on the request for street vacation. 3~ ,- Seward Planning and Zoning Commission Resolution No. 2007-06 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that Section 1. The Planning and Zoning Commission has reviewed the request for street vacation for "B" Street and finds that the vacation is in the public's interest and the public health, safety and welfare will be preserved through such action. The Commission also finds that certain utilities that exist, or may be required in the future, in the subject right . of way and, drainage features associated with the proper. drainage of adjacent private properties and public rights of way require preservation by easement in the platting process; Therefore, the Commission recommends that the Seward City Council approve the vacation of the "B" Street right of way, as described, subject to the following provision: 1. The State of Alaska shall provide, or cause to be provided, a field assessment for existing and potentially required drainage features, utilities and other features of the right of way, in cooperation with City of Seward staff, to be preserved by easement or other forms of reservation prior to final platting. Section 2. The Planning and Zoning Commission finds the vacation of "B" Street is not contrary to the Seward Comprehensive Plan 2020 nor to the Seward Strategic Plan of 1999 and this action generally supports the goals, objectives, visions and values stated therein; Section 4. This resolution shall take effect immediately following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of April, 2007. THE CITY OF SEWARD Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: A TIEST: Jean Lewis, Q3 . ~ . '. P&Z Agenda Statement Meeting Date: April 5,2007 From: Marvin Yoder, Interim City Manager D. s~o~~ Planner Through: Agenda Item: A resolution by the Seward Planning and Zoning Commission of the City of Seward, Alaska, recommending the Seward City Council approve the Vacation of "B" Street between First Avenue and Second A venue and convey title to the State of Alaska (A VTEC) for educational facilities. Proposal & Analvsis: Proposal: The State of Alaska Department of Labor ("State") operating the Alaska Vocational ----Technical-Center has formally requested that the City of Seward vacate the "B" Street right of way from First Avenue to the west, to Second Avenue to the east to consolidate their property holdings for the Seward A VTEC facility. The right of way was previously approved for vacation by Resolution No. 49 by the Seward Common Council February 15th, 1954. The vacation was not completed at that time. The subject right of way was established during the creation of the' Federal Addition to the Original Seward Townsite. The portion of the "E" Street right of way bptwppn PiNt find Second Avenues is physically occupied with the old high school, now the First Lake Complex used by A VTEC. Although there is a separation between the First Lake Building and the Old Armory Building located on the adjoining parcel to the south, no motorized traffic can physically use the right of way; pedestrian traffic can use the passageway but no "traditional" corridor exists for pedestrian traffic between the buildings. Analvsis: Zoning: The area adjacent to the "B" Street right of way is Institutional (INS) and the proposed vacation will present no current or future change or affect on the principal uses of the adjacent lands. Comprehensive Plan: The Comp Plan makes no specific mention concerning existing rights of way. Street Page 5 3~ ~. , creation and development generally are viewed only in the context of future land use . including subdivisions. In this case, the zoning and affected land areas are established and the vacation action would have little or no influence on future land uses in the area. Drainage: Other than on-site drainage for Blocks 6 and 15, no drainage structures or features are thought to exist along, or across the subject right of way. Prior to final platting, the State will be required to conduct a field assessment in cooperation with city staff to verify what ; - - ---~- drainagefeatUres, if any, that need to-be preserved: Access: No public thoroughfare access exists along or across the "B" Street right of way between First and Second Avenues. The area of the right of way is used by A VTEC for structures, on-site pedestrian circulation, parking and landscape. Access does exist along the Second A venue and some degree the First A venue rights of way which will be preserved through the platting action. 1 I Traffic: No motorized access exists within the subject right of way and therefore discussion of - traffic is not applicable. Utilities: According to city staff, several utilities including electrical and underground sewer and - - --- - ------,-- water appurtenances may exist within- the~'B" Street right of way and the State will be required to conduct a field assessment in cooperation with the appropriate utility representatives to verify utility features that need to be preserved. Public Comment: 1 I I At the time of publication of this report, staffhas received no public comment regarding this proposal and permit application. If any additional correspondence is received after publication ofthis agenda statement, it will be presented as a lay down item at the April 5th meeting. RECOMMENDATION: Staff recommends that Seward Planning and Zoning Commission of the City of Seward, Alaska, recommend to the Seward City Council the approval of the vacation of "B" Street between First A venue and Second A venue and convey title to the State of Alaska (A VTEC) for educational facilities subject to the following: 1. The State of Alaska shall provide, or cause to be provided, a field assessment for existing and potentially required drainage features, utilities and other features of the right of way to be preserved by easement or other forms of reservation. Page 6 ?;r.; . Great careers far Alaska's jUture January 10,2007 Mr. Marvin Yoder, Acting City Manager City of Seward P.O. Box 167 Seward, AK 99664-0167 RE: A VTEC Distance Training Center 57642/ EDA 07-01-05582 Dear Mr. Yoder: As you may be aware, over the past 30 years, the Alaska Vocational Technical Center (A VTEq has expanded to encompass three separate campuses within the City of Seward, each with its own distinctive facilities, classes, training, and activities. Unfortunately, A VTEC's current facility is under capacity and simply has not kept pace with the growth of our training curriculum and our student body. We do not wish to risk or compromise the quality of our students' education, the safety of all who use AVTEC-faclliiies;or-A VTEC'scompliance With-aIr-applicable codes, laws, and regulations. As a result in 2001, a comprehensive, multi-year Capital Improvement Plan (CIP) was prepared that included several life-safety and code improvements for A VTEC facilities. Some of the first improvements being contemplated by the plan include improvements to the First Lake Campus. These improvements consist of ADA-upgrades, fire sprinkler systems, mechanical & electrical upgrades for administration and classroom buildings, landscaping and site enhancements, and handicap access. As we move forward with our plans, we recognize the importance of including the City in our discussions and understand-the-benefits of being able to address your comments and concerns early in the process We hope to create a plan that the City will support. To that end, please review the attached drawings showing the First Lake Campus. . We wish to move forward on a formal plat to officially vacate the portion of B Street that was contemplated and approved under City of Seward Resolution 54-49. Since the vacation of that portion of B Street was never completed with the required replat, our existing improvements extend across lot lines. In addition, future plans . for the First Lake Campus include the integration and merger of the buildings on Blocks 6 and 15 of the Federal Addition to the Townsite of Seward. These plans would further exacerbate the situation created by the failure to formalize the vacation of B Street. Alaska Vocational Technical Center. PO BOX 889 . 2nd Avenue. Seward, Alaska 99664-0889 Admissions Office (907) 224-3322 . 1-(800) 478-5389 . FAX (907) 224-4143 . http://avtec.labor.state.ak.us Alaska Vocational Technical Center does n?Et di criminate due to race, color, National origin, age. sex, political 1 . n, religious beliefs, or disability. A vrEC is a division of the Alaska ent of Labor and Workforce I I In addition, we will request vacation of the west half of that portion of the First A venue right of way between B I and C Streets. This vacation will allow us to control the circulation of vehicles and pedestrians within our I facility and provide more open space. r I . . I In order to facilitate both the existing and new improvements to the First Lake Campus, we also propose that the .1 pty of Seward quitclaim its interest in Block 6 of the Federal Addition to the Townsite of Seward to the I Department of Transportation and Public Facilities who will hold title until such time as it is possible to transfer it to A VTEC. - -- - --- - We envision the cumulative effect of our requests enabling us to consolidate the ownership of Blocks 6 and 15 of the Federal Addition to the Townsite of Seward and those portions of the vacated rights of way for B Street and First Avenue, so that future improvements and existing operations can continue in compliance with all applicable codes, laws, and regulations. We thank you in advance for your time in considering our proposal and we look forward to continuing to work with you to match the strengths and distinctive characteristics of the school with the unique and emerging needs of its students and the City of Seward. .. __ _ _ _ _______~inoerelY,yI_p-- Fred Esposito A VTEC Director I I I cc: Kimberly Mahoney, P.E., Project Manager, DOT&PF, PO Box 196900, Anchorage AK, 99519 AI tlurton, DOT&PF, PO Box 196900, Anchorage AK;-99519 Alaska Vocational Technical Center. PO BOX 889 . 2nd Avenue. Seward. Alaska 99664-0889 Admissions Office (907) 224-3322 . 1-(800) 478-5389 . FAX (907) 224-4143 . http:j javtec.1abor.state.ak.us Alaska Vocational Technical Center does not discriminate due to race. color. National origin, age, sex. political ~n. religious beliefs, or disability. 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I ! .:...~.........~ /' .' /'/ . ,~ . , "" )~., '\''-:'"'' , D ' - ':5 . -~O - - rr::: ~ ~ " / . , ...- ,- "- -- --- L.\O " . -- 'I \ ',' .. . .,,, ^r RE8:I.1J'llDI 1Kl. 'i A RE9:L1I'l'IOll OF 'rIlE alllllll OJOICIL OF mE em OF SEWARD. ALASA. VN:ATIJIQ A l'UlUJ.aI OF T !l1'RIlft RIt lDD>L l'\JiIulBB. WHEI!EAS. 'lM c- CoIInci1 od the City od s..I'CI, Al._ hu beeR petiti~ to noato ..1lOZtJ.0II od T 8tnet. ell l,.illlJ tdtlaia tile Cit,. ot ~ Ala... for IIClIIool ~... aDd, WBBIlEIIl!I. '!be ec- c-u of t:Jla City of s...m. Ai__ 1Ia. _eo! to !Ie plhUdOd IIClIl:l_ of . IIoaJrblr to be Uld 00 tbi. dote. ell 1Jl .CIClOnlluloe witl!. Cbaptu IU of Chaptor 11$, Suo1oaLns of Ala_. 1953. .ncl. WHli2EA8. 8Ud llMrilllJ .... bMa held. thb dab ud the eo- CowIa1l of the City od s.nrd. n.... ha... dlttonUMd that the ........tiJlg' of "8"' stzwot: for .c:4\ool pllJ'POa. 10 in tho inbr..t od t_ ",lbUa _lfan. 1Ul. mEIlBIUIE. Be it RellObeo! br tho c-on Coomc1l ot the Ci t)" af SWazd" Alam. that the fallClldIllJ d08aJribed. porlian of T stren be ....ootoci for .aMol pupoao.. to-ritl s.otnninq .t tho point of iatu..ation of tM woat pnIpIIJrt)" 11M of Seaaad. A....... .ncl the ....rlh pJropeJrt)" 11M of T stnot. tbeaoe 1D . -.t.r1,. d.inatiOll · d.Ut_ of Uo.oo foot. the_ 1D . _thedy d.inatioo . d.iot_ of 60.00 foot. t__ in ... _oterl,. d.inatian . diatu_ of 2zo.oo feat. th__ 10 a MJrtbody d.inat:lan a di.ta_ of 60.00 foot to polot of boqinnlDql ~,. cIqoribod .. thet portion of T 8trHt lyiJ1g ~ Fint A_ aDd SeOOlld. A_ "ith1D the City of e-ard., Alaob. Fa.oed IlIlCI ......."...d br the 0-. Colma1l th10 15th day of F.bnIa 111M. Atteat ~.~ .".,/1 ~~.'~'"'''' . .".....".......~L. .. _ltI. ~.I}-. ,,/7 ~..y .,. "''1MUC t!1 ~/.'J .A..~. ~"' '.' ...ld>.. .' ~ . .',_.._ l .-.a.- /.1. "., Cf'Y..\!b,:.!."~'~,, ,~ I'~ q\ . -- MEMORANDUM ~ o~ . y DATE: October 5, 1999 TO: Scott Janke, City Manager COPY: Fred Esposito, A VTEC Director Dave Calvert, Building Official Dave Squires, Fire Chief Kerry Martin, Community Development Director <r JV) Alaska Vocational Technical Center (A VTEC) Second Avenue Administration Facility - Land Ownership Issues FROM: SUBJ: In August 1998, A VTEC Director Fred Esposito requested Mr. Bob Dipiero, A VTEC building trades instructor, to address potential problems, if any, with connecting the two Second Avenue administrative buildings. Unfortunately, because of mixed City and State land ownership, property line and building locations relating to building, fire and zoning codes the proposed project could not be accommodated. My research into this simple request opened up a number of land issues that should be addressed. BACKGROUND: Land ownership: The Second Avenue facility is located on Block 6 and Block 15, Federal Addition. The sQutherly parcel - Blo~k 6 - is currently owned by the City and leased to the state at no cost through June 30, 2054, while the northerly parcel - Block 15'- is owned by the State. The City originally acquired both parcels from the federal government in 1954, for construction of a high school on Block 15 and a National Guard Armory on Block 6. The armory was jointly used by the hi h school as a gymnasium. When the Kenai Peninsula Borough (KPB) was created and assumed school powers in 1964, the property (land and building) was trans erre to tern. er e new g school was constructed in 1979, the buildings remained empty for a few years. Subsequently the borough leased it to the U.S. Forest Service as headquarters for the Young Adult Conservation Corps (Y ACC) and then transferred the property to the State for refurbishment into the current A VTEC facility. Building ownership: There is no question that the administrative building on Block 15 is owned by the State; however, ownership of the old National Guard Armory appears clouded. Based on our files; it is not clear who owns the building. Our files indicate that the City matched federal funds for its construction. There also appears to be a track record of the City approving the various uses of the building. A VTEC seems to think they own it. I have found no real documentation as to who owns it. It is probably safe to assume the state does. '. Page 1 of 3 l\~ . - Subdivision Plat Resen'ations: The 1916 subdivision plat denotes Block 6 as a School Reserve and' Block 15 as a Park Reserve. The patent transferring these parcels to the city included language that if the parcels were not used for school and park purposes, ownership would revert back to the federal government. The patent was later corrected to remove this reversionary language, and although there is no recorded plat correction, it is assumed that the patent change concurrently removed the plat reservations. B Street Right of Way: According to the original Federal Addition Plat, the B Street right of way lies --between Blocks"6 and 15. The City Council vacated the right of way by ResolutionNo. 49 .0n.211s/54, but there is no recorded subdivision plat to depict this action. On the current borough tax maps, 147- 13 shows the entire right of way as part of Block 6 while map 147-14 shows B Street as still being full width right of way. Neither mao is correct. When a public right of way is vacated, it attaches evenly between the two adjoining property owners. In this case, Block 6 and 15 should have been platted and recorded showing either one large parcel incorporating both blocks and the vacated right of way; or two parcels, each enlarged by half the width of the vacated right of way. Building Encroachment: The A VTEC administration building on Block 15, encroaches through the zoning setback, across the original property line, through the north half of the old B Street right of way and across what is assumed to be the new property line into Block 6. This means the building not only encroaches in the required side yard building setback, it straddles a property line, two land ownerships and trespasses on the city property. Connecting the two buildings would be ail expansion of this existing encroachment. ".----Biiilding CoaiE".CifyCode Ctiapter 12 does not allow construction of buildings otherthansingIe family residences across platted property lines. In this case we also have two oWnerships. As long as the situation remains as is, A VTEC will not be able to connect their two buildings. Zoning Code: Setback: As long as there are platted property lines, there are setbacks established by the Zoning Code. In this case, the Zoning Code was adopted in 1956; and the buildings are assumed to have been constructed in 1955, thus the encroachments noted above are considered to be legal nonconformmg setback encroachments. However this status does not legItImIze the building straddling across the property line. I . Variance: Other than vacating the right of way and combining the properties under a single ownership, it appears that there is no legitimate way to authorize the connection of these two buildings. Neither P&Z nor Council can waive a code requirement except within the zoning code where a variance may be allowed if certain conditions are met. The property in question does not meet conditions of a variance. CONCLUSION: The only real resolve to these issues is consolidating the two parcels and the vacated B Street right of way into a single parcel under one ownership. Page 2 of 3 , \ 1-.. .....\:../ ,.. - e RECOMMENDA nON: Consider transferring city owned Block 6 Federal Addition to the State through outright sale, or trade for other state interests in Seward, such as the DOT/PF Highway Maintenance Shop site, long tenn lease of ARR property for relocation of city shop, release of City Hall lease restrictions. Make any transfer of ownership subject to a replat of the property to combine the three units - B Street right of way vacation, Block 6 and Block 15 as a single parcel. JUSTIFICA nON: The City received the property at no cost from the federal government. The site has been used for educational purposes, as a high school, armory and vocational school for over 40 years The lease to the State is for another 56 years. A VTEC has proven to be a viable educational center for the last 25 + years and it appears that it is here to stay. They have been a good neighbor, have provided jobs, brought new people to the community and donated services the to city. NOTE: All background information is contained within city lease file 77-027 which is located in the Community Development office. Page 3 of 3 L.\L\ , Sponsored by: Yoder CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-07 -- -A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE SEWARD CITY COUNCIL APPROVE THE CONVEYANCE OF BLOCK 6 ALSO DESCRIBED AS: TIS R lW SEC 10 SEWARD MERIDIAN SW 0000004 ORIGINAL TOWNSITE OF SEWARD FEDERAL ADDN (SCHOOL RESERVE) BLK 6 TO THE STATE OF ALASKA (AVTEC) FOR EDUCATIONAL FACILITIES WHEREAS, The State of Alaska through the Alaska Vocational Technical Center (A VTEC) has formally requested the conveyance of the real property described as "Block 6" TIS R I W SEC 10 Seward Meridian SW 0000004 Original Townsite of Seward Federal Addn (School Reserve); and WHEREAS, The State desires to consolidate their underlying land holdings for the A VTEC faci!!!y to further support_the mission of~eir e~ucational programs; and WHEREAS, The subject property is currently occupied with the Old Armory Building in use by the A VTEC program and the new Distant Learning Building also used by the A VTEC program, driveways, parking and landscape; and WHEREAS, Block 6 is currently leased to the State of Alaska for purposes of operating an educational facility with a term through the year 2054; and WHEREAS, The City uf St:wald aftt:l publi" bt:ariug, fiud:; tbat uwmas!tip of Block 6 by A VTEC for educational facilities is an appropriate community development use of the land and the use required of the original patent; and WHEREAS, Public utilities and drainage features exist across and/or within the subject property that will require field location, verification and corresponding easements for their preservation and maintenance; and WHEREAS, The conveyance, as proposed, is in the public's interest; and WHEREAS, having complied with the public notification process; on April 5th, 2007, the Seward Planning and Zoning Commission held the required public hearing on the conveyance of municipal lands. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning 45 Seward Planning arid Zoning Commission Resolution No. 2007 - 07 Page 2 Commission that: Section 1. The Planning and Zoning Commission has reviewed the request and recommends that the Seward City Council approve the conveyance of Block 6 and finds the transfer of ownership is in the public's interest and the public health, safety and welfare will be preserved through such action Section 2. The Planning and Zoning Commission finds the conveyance of Block 6 is not contrary to the Seward Comprehensive Plan 2020 or to the Seward Strategic Plan of 1999 and is generally supported by the goals, objectives, visions and values concerning educational facilities, stated therein Section 3. The Planning and Zoning Commission finds that certain utilities that exist, or may be required in the future, on the subject parcel and, drainage features associated with the proper drainage of adjacent private properties and public rights of way require preservation by easement in the platting process. The transfer shaH, therefore, be subject . to the foHowing provision: 1. The State of Alaska shaH provide, or cause to be provided, a field assessment for existing and potentially required drainage features, utilities and other features of the parcel, in cooperation with City of Seward staff, to be preserved by easement or other forms of reservation prior to final platting. Section 4. This resolution shaH take effect immediately foHowing its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of April, 2007. THE CITY OF SEWARD Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: L.\lP , . I P&Z Agenda Statement Meeting Date: April 5, 2007 From: Marvin Yoder, Interim City Manager D. Scott ~anner Through: Agenda Item: A resolution by the Seward Planning. and Zoning Commission of the City of Seward, Alaska, recommending the Seward City Council approve the conveyance of Block 6 also described as: TIS R 1 W See 10 Seward Meridian SW 0000004 Original Townsite of Seward Federal Addn (School Reserve) Blk 6 to the State of Alaska (A VTEC) for educational facilities. PROPOSAL & ANALYSIS: __ __ ____Proposal: The State of Alaska ("State") through the Alaska Vocational Technical Center (A VTEC) has submitted a formal request to the City of Seward to convey the real property known as "Block 6 of the Original Townsite of Seward Federal Addition." The platting and. details of the conveyance will occur after Planning and Zoning Commission and Council approval. . The property is currently occupied with the "Old Armory" Building and Distant Learning Center and being used as classrooms and offices for the AYT1tC progr~ and is located between A and B Streets, and First and Second Avenues. "Block 6 is currently owned by the City of Seward and leased to the State at no cost through June 30, 2054. The City acquired the parcel from the federal government in 1954, for construction of a National Guard Armory. The armory was used jointly by the adjacent high school as a gymnasium. When the Kenai Peninsula borough was created and assumed school powers in 1964, the property (land and building) was transferred to them. After the new high school was constructed in 1979, the building (s) remained empty for a few years. Subsequently, the borough leased it to the u.S. Forest Service as headquarters for the Young Adult Conservation Corps and then transferred the property to the State for refurbishment into the A VTEC facility."! I Excerpted from a Memo from Kerry Martin to Scott Janke 10/05199 Page 5 L\l l ,~. The ownership of the property apparently reverted back to the City of Seward sometime after the abandonment by the KPB school district. Analvsis: Previous analysis of the property known as Block 6 reveals that the original transfer of ownership by patent from the federal government to the City of Seward requires that the parcel be used for "educational" purposes or the parcel would revert back to the federal government. Additionally, the land is occupied with a building currently used for the A VTEC program. The City of Seward does not possess school powers and has no other planned use for the property, it seems reasonable to commit. the land to educational purposes by others. The ownership of Block 6 by the State will allow for further site development in the future based on regulations that require land ownership by a grantee/program. Public Comment: At the time of publication of this report, staff has received no public comment regarding this proposal and permit application. If any additional correspondence is received after publication of this agenda statement, it will be presented as a lay down item at the April 5th meeting. RECOMMENDATION: Staff recommends that the Seward Planning and Zoning Commission recommend to the Seward City Council that they approve the conveyance of Block 6, real property as described subject to the following provision: 1. The State of Alaska shall provide, or cause to be provided, a field assessment for existing and potentially required drainage features, utilities and other features on the parcel, in cooperation with City of Seward staff, to be preserved by easement or other forms of reservation prior to fmal platting. Page 5 L-\<O City afSeward, Alaska January 4. 2007 Planning Cammi33ion Minute3 Volume 6, Page 132 CaD to order The January 4, 2007 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.rn. by Chair Marianna Keil. Opening Ceremony '1 I Commissioner Smith led the Pledge of Allegiance to the fliig:-------- ~ Roll Call There were present: Marianna Keil presiding, and Kevin Clark Bob Hicks Lynn Hohl Sandie Roach' Tom Smith comprising a quorum of the Commission; and Scott Williams, Planner Christy Terry, Executive Liaison I Absent: Margaret Anderson City Administration Report Planner Scott Williams reported on the following item: I . A response to Christy Miller's letter dated December 8, 2006 was provided as a lay down at ~ I the dais. He noted Christy Miller had retired and Taunnie Boothby was acting as Interim Floodplain Management Program Coordinator. I Other Reports, Announcements and Presentations- None Citizens' Comments on Any Subject except Those Items Scbeduled For Public Hearing- None. Approval of Agenda and Consent Agenda - Motion (SmitblRoacb') Approve tbe Agenda and Consent Agenda Keil added under New Business, "Change to Rule 26 Council Rules of Procedure: Order of Business." y9 City a/Seward. Alaska January 4. 2007 Planning Commission Minutes Volume 6, Page 133 Hohl added under New Business, "Discussion regarding the Middle School Conditional Use Permit. " Motion Passed Unanimous The following items-were-approved under the Consent Agenda: November 16, 2006 and December 5, 2006 Regular Meeting Minutes Public Hearings Resolution 2006-25 recommending City Council and the Kenai Peninsula Borough Approval of the Subdivision of ATS No. 174, Within The NW 14 of Section 3, Township 1 South, Range 1 West, Seward Meridian, Marina Subdivision, Seward Resort Addition, To Create A "Tract A." (Postponed from the December 5, 2006 Regular Meeting and on the floor for action.) Williams directed the Commission's attention to the clarifYing information in the new agenda statement and letter from surveyor Nick Cline. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened.-No one requested to be heard and the public hearing was closed. In response to Keil's request, Terry read the current amendment on the floor that was postponed from the December 5, 2006 Regular Meeting, "Add Section l.b, The existing building will be removed or modified in compliance with setback requirements prior to the finalization of the plat." In response to Hicks, Williams noted the easement would be negotiated with the City and would become part of the recorded plat. , - Hohl thanked the staff for their response to Commission questions from the last meeting. She asked if there was a current Floodplain Pennit for the existing structure. Williams stated he was not aware of a Floodplain Pennit for this structure. He stated either a . variance or an elevation certificate would be needed for any new structures. Williams stated the current building should be removed prior to the recording of the plat. He stated it was possible the current building did require a variance, but he had not been able to find accurate information on when the fill was placed. Hohl stated her concern was not with the fill, but the existing structure. su City of Seward, Almlca January 4. 2007 Planning Commission Minutes Volume 6, Page 134 Williams stated he did not know if the building was constructed at this location or if it was moved there. He clarified the building was not on a permanent foundation. HohI stated she was unsure if temporary structures required a Floodplain permit. Williams reiterated Surveyor Nick Cline had confirmed the building would be removed prior . to the plat being finalized. Motion Passed Unanimous Main Motion Passed Unanimous Set January 16, 2007 Work Session Topic as details for "Community Values Meetings." Williams noted staff had moved forward on preparations and asked the Commission to discuss details during this meeting. Commission discussed possible topics for the January 16, 2007 Work Session, such as definitions. Clark stated he would not be at the Work Session and Hicks stated he was unsure ifhe would be able to attend. I \ I _ _ Rgach' preferred to set the Work Session Topic as 'Details for the Community Values Meetings.' She supported discussion of the topic tonight, but felt the Commission might have further ideas that needed to be discussed at the Work Session. Williams agreed with Roach', and noted it would be helpful to discuss how to infuse the SMIC Development Plan and the Parks and Recreation Master Plan updates into the meetings. Keil noted the Flood Board mentioned their Flood Mitigation Plan might be available and asked that this be incorporated into the discussion and available for distribution to the public. Wtlliams listed the details for the Community Values meetings thus far: . February 71b. and Sib. . 7:00 pm start time . Middle School Main Lobby . Refreshments . Section 2 of the Comprehensive Plan Volume 1 posted around room (including photos) . Large format demographics for the Seward Area posted around room . Land Use Map and Zoning Map with Zoning Area Key posted around room Williams stated the basic set up of the room would include chairs in a circular pattern with a table for public testimony facing flip charts for notes. He stated that outside of the chairs would be an open area with room for individuals to walk around and view displays. q\ City o/Seward, Alaska January 4, 2007 Planning Commis&ion Minute& Volume 6, Page 135 . . In response to HoW, Williams stated actual testimony could be recorded and the meetings . would be advertised. He understood the testimony would be digested by staff and formatted in a resolution recommending changes to Council and that a public hearing would be also held at that time. Keil supported as much citiZen input as possible' and gave the example that citizens might have stronger comments to add regarding flood mitigation. HoW agreed, but wasn't sure how a formal Public Hearing could be incorporated into the meetings with everything else they were trying to accomplish. Williams questioned the amount of community involvement, since the community had recently been canvassed by a survey. In response to Keil, Williams stated that he now had a copy of the VISTA Survey and planned to infuse the document with graphics and comments to use as part of the meetings in FebrUary. In response to Hicks, Williams confirmed that the Commission's role was to listen and learn. from the citizens attending, but added they would also need to ask questions to clarifY responses. By general consensus, the Planning and Zoning Commission set their January 16,2007 Work Session Topic as details for "Community Values Meetings." Discuss Quarterly Joint Work Sessions with Seward Bear Creek Flood Service Area Board Williams suggested the Commission ask the Board to meet at City Hall to allow for space needs for both the Bodies. HoW suggested the meetings be held an hour before their Regular Meetings. Keil and Smith concurred. By general consensus, the Commission set Quarterly Flood Board Meetings for March 6, June 5, September 4, and December 4, 2007 at 6:30 pm. . Keil asked Smith to provide some thoughts on the Joint Work Session held with the Flood Board in December. Smith noted the Flood Board had done a lot of work for the community and suggested holding quarterly meetings with the Planning and Zoning Commission could help the community understand the Flood Board's importance. He noted interest in flood issues varied based on the flood needs at the time. Smith stressed that the Flood Board had a great wealth of knowledge and it was time for the community to solve the Seward Area's mitigation problem. He noted the community could control flooding if they could control the graveL 5~ City of Seward. Alwka January 4. 2007 Planning CommisJion Minules Volume 6. Page 136 Hohl noted the Commission had just recommended approval of a plat in a Flood Zone without . the Flood Board's comments. Keil stated the discussion with the Flood Board included a streamlined process where all of Seward's Flood Plain Pennits were approved by the Kenai Peninsula Borough instead of the CitY of Seward. Keil stated another item under discussion were legislative changes to allow blanket pennits for multiple land owners to extract gravel. She advocated working with Council to provide additional support to enact these changes. Williams stated it was important that a dialogue between the two bodies had begun. He stated at the last Flood Board meeting the Board had agreed to' contribute seed money to help with the investigation of the Japp Creek issue. Williams stated this was an important step in moving forward with enforcement issues, project scoping and moving gravel. Keil stated the key issue was gravel extraction. She noted something needed to happen or the cycle would continue. She asked the Commissioners to talk to Council and encourage. Council Members to use their power with the Legislature to continue progress on this issue. Hohl stated it should be relatively easy to transfer Flood Plain Powers back to the Borough. Keil stated the Planning and Zoning Commission could work cooperatively with the Flood Board. In response to Clark, Williams noted the Flood Board had worked with the Borough Attorney to ascertain what their authority was within Seward's City Limits. He stated the Flood Board had also queried the State Attorney General's Office and was directed back to the Borough Attorney. In further response to Clark's inquiries, Williams stated he was not privileged to the RorOlleh'~ dP.cision on this issue. o"..~.. Clark stated, in order to solve this issue, Council could revert authority back to the Borough. Williams stated it was important to proceed with due caution to make sure the City continued to have regulatory authority for building pennits. He clarified the Flood Board and the City needed to work together to insure there were no gaps in the process. Williams stressed it was ultimately important to work towards this goal cautiously. Change to Rule 26 Council Rules of Procedure: Order of Business In response to Hohl and Keil, Terry stated she discussed this item with the Clerk's Office and this change in Council's Agenda did not automatically change the agenda order for the Planning and Zoning Commission. She stated Planner Williams was currently working on Planning and Zoning Commission Rules of Procedures and could examine the order of the Commission's agenda. Terry S3 City of Seward, AIO.lka January 4. 2007 Planning Commission Minutes Volume 6. Page 137 suggested waiting to implement any change until the Council had an opportunity to see if they were happy with their new agenda.order. HoW spoke in opposition to the change and felt it was important for citizens to hear presentations prior to making comments to Council. Keil understoodthe change was made beeausecitizens had to wait an extraordinary amount of time through all the presentations when they were there to make comment on a specific item. HoW suggested an additional public comment section could have been added. Clark clarified his understanding that HoW and Keil stated citizens didn't want to wait through the presentations to provide comment. ' HoW liked the historical placement of public comments with each agenda item. She stated the current system lacked the ability to have an impact on the agenda item. Keil stated that change was implemented because the public comments began to be abusive. Smith stated he had been in a situation where a Council Member was making misstatements and he was unable to provide them with the correct facts because of the public comment timing. HoW stated in the past she had made comments in regards to what she thought was Administration's position, and then when the City Manager spoke, he had changed his position. Discussion regarding the Middle School Conditional Use Permit Hohl stated she was concerned with the safety ofthe children walking from the Elementary School to the High School with the pedestrian pathway that was in place. She also stated the essed the new desi for the High School Driveway, but she didn't see pedestrian safety being addressed in that design. HoW reiterated that t e pe estnan pat way om the Elementary School to the Middle School was just a widened gravel shoulder that was not being used by pedestrians. She noted this was a conduit between the neighborhoods. HoW stated the new portion did not have safe lighting. In response to Keil, HoW stated the Planning and Zoning Commission had issued the Middle School Conditional Use Pennit, and it was the Commission's job to address safety concerns. She did . mention this issue to the School Board and was told it was not under their authority. Clark asked HoW if this was a condition that was not being met, or if she was asking the Commission to add a new condition. HoW felt the condition ofthe pedestrian pathway was met to the 'letter of the law,' but argued that the intent was not. She explained that the new drive area at the High School had not been addressed by the Commission, but that it should be required to come before them. HoW described the SL\ City of Seward. Alaska January 4. 2007 Planning Commission Minutes Volume 6. Page 138 new traffic loop off of Swetmann Avenue where kids could be dropped off at the cafeteria. She noted the bike path ended at the back driveway and there was no lighting or pathway for the children to follow. In response to Hicks, Hohl stated the contractor had not finished the job. Roach' concurred with Hohl and asked to review the Middle School's Conditional Use Permit. She stated in her discussions with the contractor, the contractor's interpretation varied from what she understood the Commission had set as a condition. She shared her safety concerns as she walked and drove large vehicles in the area. Smith reminded the Commission that this was a passionate issue with a great amount of pub lie input. He stated the designers did not want to modify their design in anyway. Smith concurred with the Commission reviewing the Conditional Use Permit. Keil suggested this could be brought back to the Commission. Hohl and Roach' advocated for pedestrian safety in this area. Keil asked Roach' to take some pictures. Hohl thought the City was using this street as access to the substation. She noted this was a private driveway and the City needed to have a cooperative agreement with the Borough. Roach' discussed this with the contractor and was told that the City should not be using the drive as access. Informational Items and Reports (No action required) Seward"Bear Creek Flood SemceArea Board Agenda for January 8, 2006 Seward Bear Creek Flood Service Area Board Approved Minutes for November 2006 ARRC _ Army Corps of Engineers Application of Permit (dock extension) In response to Hohl, Williams stated he thought ARRC would need a variance and a permit. He noted at this point ARRC advertised for public input on their Corps Permit. He stated Carol Griswold had made appropriate and good comments on the environmental issues that surrounded the project. Williams stated any comments could be emailed to him and he would forward to Gary Williams at the Kenai Peninsula Borough. In response to Smith, Terry shared that ARRC had been providing monthly updates to the Port and Commerce Advisory Board and stated she would ask ARRC Representative Louie Bencardino to come and speak to the Commission. . s6 City of &ward, Alaska January 4, 2007 Planning Commi3sion Minutes Volume 6, Page 139 HoW asked Williams to remind ARRC that they needed to apply for a Floodplain Permit. Williams noted ARRC had obtained these forms and had discussed this issue with the Community Development Department. He noted they had obtained a Flood Plain Permit for their fill in the Log Pond. Japanese Creek Floodplain Letter from Floodplain Management Program Coordinator Christy Miller Yoder stated the response to the letter was provided at each Commissioner's seat at die dais. Commission Comments - Roach' was impressed with the Planner's preparation for the Community Values Meetings, . Smith wished the Commissioners a good 2007. . HoW noted Smith was on Monday's Borough Agenda for appointment to the Planning' Commission. She stated she would be at the Borough Planning Commission meeting to provide comments on the Reconsideration for the Long Term Care Facility Plat. HoW stated the plat submitted did not meet one of the Seward Planning and Zoning Commission conditions. Keil disagreed with HoW's last statement. HoW stated Keil spoke as a Planning and Zoning Commissioner in favor of the plat the last. time it was before the Borough Planning Commission. She stated the Commission had unanimously voted to include dedicated north-south access and suggested the minutes be reviewed to verifY her statements. Clark disagreed with HoW and stated the tapes should be reviewed to verifY the entire discussion. HoW stated the intent of her motion was for the provision of additional north-south access in addition to the existing streets being widened. HoW noted the issue become confused because during the Conditional Use Permit for the Long Term Care Facility, the Commission voted against the dedication. Roach' and Clark stated they did not recall that requirement. HoW noted there was a full page discussion in the minutes on alternative north-south access. Keil argued the Commission did not ask staff for a specific dedication. HoW asked for a recess so that the minutes regarding this issue could be reviewed. 5<.0 City of Seward, Alaska January 4, 2007 Planning Commission Minutes Volume 6, Page 14 0 The Commission recessed from 8:40 to 8:55 and were provided with copies ofthe September 5 and September 12, 2006 Regular and Special Meeting Minutes. Hohl stated as the maker ofthe motion that dedicated the additional right-of-way she knew the intent of her motion and tried to make that clear to the commission. K~il_st~ted she struggled with Hohl's interpretation of the discussion because Maple Street and Cottonwood Street ~ere included. She further noted Clark's statement for suggestions by the City Staff to be included. Hohl argued widening of an existing access was not creating equal or superior accesS. Smith noted the streets were only 40 feet wide in that area and the Commission voted to increase the dedication to 60 feet. . Hohl agreed, but stated that was done in a previous motion. She stated the minutes clearly demonstrated her clarification of the motion to provide additional access. Keil stated the discussion centered on the interpretation of equal-to or superior access. Hohl and Keil debated the clarity of the motion. ------~. Roach' stated the motion was clear. Keil, Clark, and Smith stated the motion was unclear. Clark noted the minutes did not reflect every conversation. He recalled a discussion about Afognak Avenue, the West side ofthe property, and the City's position that a'S' sweep of Afognak Avenue wouldn't work because there wasn't enough room to place on road on the levee side ofthe parcel. -~ -- ____0=_ Hohl stated Clark voted to approve the motion. Clark stated he didn't remember agreeing to plat a north-south road on the west side of the property. He felt the tapes might have further explanation on other Commissioners' intentions. Hohl argued that staff had discussed additional access other then the widening of Maple Street and Cottonwood Street. She felt the Commission was addressing additional access on the west side of the property. Clark stated, based on the motion, he agreed the Commission needed to dedicate a north- south access because of Borough requirements, but Clark stated he did not agree that the access needed to be platted on the west side of the property. He advocated listening to the tapes to verify the intent of the Commission. S1 City of Seward, Alaska January 4, 2007 Planning Commission Minutes Volume 6, Page 141 HoW stated she knew the intent of the Borough Code was that alternate access was a new access. Clark argued the motion did not state an alternate access needed to be provided. He noted the motion stated' equal or superior.' Clark stated Administration obviously left the meeting with a different interpretation from HoW. HoW stated she couldn't verifY Clark's last statement. Clark stated he could not continue the discussion without listening to the tapes. Keil and HoW debated the intent of the Commissioner's votes and the clarity of the motion. Clark reiterated the need to listen to the tapes because the minutes were not verbatim. HoW stated the minutes were the legal recording of the Commission's action. Smith noted the motion stated the vacation was subject to 'dedication of equal or superior north-south access' but did not specifY where or how. Keil and Clark noted Administration understood this to mean the widening of Maple Street and Cottonwood Street. HoW felt this was already addressed in a previous motion. Smith verified this was previously addressed and additional rights-of-way were then discussed. Keil clarified for Planner Scott Williams the process thus far and Hohl' s objection to Keil speaking on behalf of the Commission at the Borough Meeting, since HoW and Keil differed on their interpretations of the plat.~~- HoW stated the confusion was in part due to the Commission failing a motion to amend the Conditional Use Permit to replace the vacation ofthe Section Line Easement with a dedication to allow future connectivity from Dora Way to Dimond Boulevard. She clarified that during the platting action the Commission voted unanimously to provide additional north-south access. HoW stated the Commission did not want to specifically teU City Staff how to provide this access because the Commission wanted City Staff to choose the best location for the north-south access. She stated the staff did not do what the Commission required. Hohl stated on Monday at the Borough meeting she would be speaking to this section of the minutes. Hicks stated a court ofIaw would review the approved minutes. He noted if the court found the motion ambiguous they would look to the minutes. Hicks noted after Glenz's explanation of the expansion of Maple Street and Cottonwood Street, HoW stressed the dedicating additional access. HoW and Keil debated Borough Staffs interpretation of the amendment. s~ City of Seward, Alaska January 4, 2007 Planning Commission Minutes Volume 6, Page 142 Roach' asked why the Borough went against the Commission's recommendation. HoW stated they did not explain, and she noted City Staff did not stress the fissures on the parcel. In response to Interim City Manager Marvin Yoder, Hohl noted the Borough did not follow their own Code in providing equal to or superior access. Citizens' Comments- Commissions and Administration Response to Citizens' Comments - None. Adjournment Meeting adjourned at 9:10 pm. Marianna Keil Chair Christy Terry Executive Liaison (City Seal) I I I 501... City of Seward, Alaska March 6, 2007 Planning Commission Minutes Volume 6, Page 150 Call to order The March 6, 2007 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 Kevin Clark Lynn Hohl Sandie Roach' Tom Smith comprising a quorum of the Commission; and Keil noted the Commission had just met with the Flood Board. KPB Planning Commission Report - Tom Smith Smith stated the actions taken by the KPB Planning Commission were not in the Seward Area. CoD City of Seward, Alaska' March 6, 2007 Planning Commission Minutes Volume 6, Page 151 . . Citizens' Comments on Any Subject except Those Items Scheduled For Publie Hearing- None. Approval of Agenda and Consent Agenda - Motion (Smith/Roach) Approve the Agenda and Consent Agenda Roaeh' removed February 6, 2007 Regular Meeting Minutes from the Consent Agenda. Motion (SmithIHohl) Unanimous Motion Passed as Amended The following items were approved under the Consent Agen' Reschedule Planning and Zoning April 3, 2007 Regula ftjng to Special Items Election of Chair and Vice-Chair Kei1 opened the floor for Chair no Unanimous Consent t I I Request for UnanimlJus Consent Motion Passed Unanimous Consent Public Hearings - Resolution 2007-01, of the Seward Planning and Zoning Commission of the City of Seward, Alaska, granting an amendment to a Conditional Use Permit issued to Providence Alaska (10/1996) as amended by the Seward Board of Adjustment: elimination of condition lOb (0\ City afSeward, Alaska March 6, 2007 Planning Commission Minutes Volume 6, Page 152 . related to the requirement for perimeter fencing for the Helistop located on Lot la, Original Townsite of Seward, Marathon Addition, within the Institutional Zoning District. Williams reviewed the information provided in the Planning Commission Packet, including the letter submitted by Providence Seward. . Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside City Limits, spoke in support qf~. e removal of the perimeter fencing. She requested the Commission enforce the conditions th~q~ired the dumpster be fenced,' warning lights remain in working order and the area kept free~f debri~ ~,. Fire Chief Dave Squires, inside City Limits.spoke ih opposition t perimeter fencing. Providence Seward Facility Supervisor Ben FaustsRb perimeter fencing and discussed maintenance and safety i~slk'. ." In response to Smith, Faust diSC~~S with plo In . ~ ~~ In response to Roach~: Faust stated t~n7Io~ a was not feasible. perimo~.re,pon" to Cll~"at<d no o~ holi,top In AI_ had a ron<< around Ih< In response to Hohl,'!,FausV$ ated,PI vidence,'planned to remove the fence in the Spring. H9nle~ iscusse '~~list~p landing lights and the helistop camera. . ;~ifi~e onse to Commf~ion sugg~S'fions, Faust stated Providence was willing to compromise. \~~, In re . nse to Hohl, Faust surmised the dumpster was not screened due to logistics. He '''0 'II> "'W further responde t the helistop lights were fixed when broken and Faust had not seen any problems with deb ded to allow further comments from Griswold. Griswold discussed Homer's helistop. She asked snow removed from Seward's helistop be contained on their property or removed. No one else requested to be heard and the public hearing was closed. Motion (Smith/Roach') Approve Resolution 2007-01 (/~ City of Seward, Alaska March 6. 2007 Planning Commission Minutes Volume 6, Page 153 . In response to Hohl, Roach' reiterated her safety concerns. I I .1 I I I Roach' spoke in opposition to Section 1. A and stated her safety concerns. Smith spoke in opposition and stated this was a maintenance issue for Providence. He discussed his safety concerns. Hohl suggested postponing Resolution 2007-01 until a work sessio could be held to discuss concerns with Seward Providence. Clark discussed his experience with helicopters landin&r Smith spoke in support of postponing the resolutio~ Keil suggested a compromise. basis. Clark concurred. .ostpone Resolution 2007-01 until a work ession was held Unanimous .,p Resol ",~007-02, of t ~) eward ,~rtning and Zoning Commission, granting the City of Seward Harbor Department'a variance from Seward City Code Chapter 15.25 Floodplain ~?f~. '!tJ:1i)'i Management{~e~~tal (V) H!,W Hazard Flood Area to construct a public restroom facility on the South HaroorilDredge fill tract '\J . Williams statetl die area where the new restrooms were proposed was currently classified as Coastal Flood Zone V21{nd V6. William explained ownership and fill construction ofthe area. He noted the area was at least nine feet above flood elevation. William explained the Community Development and Harbor Department were pursuing a letter of map revision. He stated FEMA and the State of Alaska have been notified. Williams recommended approval of the variance. Hohl requested a copy of the FEMA Flood Map be distributed to the Commission. The Commission took a recess from 8:15 pm to 8:25 pm. v1:;; City of Seward. Alaska March 6. 2007 Planning Commission Minutes Volume 6, Page 154 In response to Smith, William stated he understood the area would be used as upland support for the new float system. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside City Limits, spoke in opposition to the resolution and listed her reasons for the Commission to deny the application. Keil asked Harbor Master Scott Ransom to answer Commis Harbor Master Scott Ransom outlined the conceptual lans e area. He noted the restrooms were always included as part ofthe new float syst~m. "'Ransom e ajned how the fill was designed and engineered by the Corps of Engineer~,~e~lained navig~iit~~l servitude. He clarified that a Beneficiary Occupancy Date agree ent""had been signed which ~,I> te the City ,took use of the land. In response tQ,Hohl, Ransomistated the r troom was not being designed for a flood zone. He stated the issue ~s\th'.FEMA'map did not reti~ct,the current conditions. ~~J/ area waselevatetNrom'Uie:rest of the harbor. < e i~~.a turf:ttle at the Federal level. C ar 'tl.l11derstood the ," c'ance~aIlOWing the restroom construction to not include pilings. ',\ii~" j~:.;:' ~~,?t#~\,. -F" '-~':!"K:;,_,-y:_ _.~ft HoW urid!;:fstood the<:{variance was to allow the building on the fill and also for the construction requirements,,#,1'~' "~a~'~~~ff~ In response tObHohl, Ransom stated the restrooms were being placed at this location at Council direction and to coincide with the location to the new gangway. In further response to Hohl, Ransom described the other restrooms and dump stations. Hohl noted her concern of approving the variance before FEMA approval. In response to Roach', Ransom stated pilings were never considered necessary for the construction considering the fill was higher then the break wall and the fill was engineered for ~L\ City of Seward, Alaska March 6, 2007 Planning Commission Minutes Volume 6. Page 155 conventional structures. He stated at this point the restroom had been engineered and the bid process had been completed. Roach' stated the land was designed as Park in the Land Use Plan. Ransom stated he wanted to insure the Mariner's Memorial and the restrooms were placed on this site,-but other development would be left to 80uncil, the Port and Commerce Advisory Board and the Commission. Keil spoke in support ofrestrooms being compatible with In response to Roach', Ransom stated the fill material .. the s A' In response to Hohl, Ransom stated a tsunami~ould effect the whol . ...~ and the fill was higher then the existing break wall that was there. He~ted the yrice to constru~t~tff" trooms was $280,000. Hohl stated water and electric would be extended t . service the restrooms. 1\ppresolution 2007-02. , In response hl,.tams stated Planner Taunnie Boothby with the Floodplain Management Program ..)acted Jbbn Graves witT\EEMA. He noted he spoke with both parties and provided them with ii1'f6'rmati€jton.the variance'r Williams clarified the variance was for the ~;z.'t,~~ "i.',I'"~i&;'J~ piling or columns noted' . othihg"wf\ uired to be designed to withstand a worst case AII!+;_~!W. ~ tsunami ,S~ent. W 1 :~~ari 1 e restr~oms were an ~ccessory use to the harbo~. . He c.larified '" <f bon and that thIS would be re laced admlillstrabvel . Motion (Clark/Smith) illiarhs stated a conditional letter of map revision was never e did not agree that a financial hardship qualified as a hardship for the vanance. Williams stated the pilings would double the cost ofthe structure. He noted Tryck, Nyman, Hayes Inc. did perform geotech studies and did find the land was suitable for the project. Roach' stated she was uncertain if she could support the variance prior to the letter of map revision. Hohl suggested a conditional letter of map revision. (o-Z:; City of Seward, Alaska March 6, 2007 Planning Commission Minutes Volume 6, Page 156 . . Ransom described how the waterlines would be connected. In response to HohI, Ransom stated sewer and waterlines were engineered to minimize infiltration of flood waters. Fire Chief Squires concurred. In response to Hohl, Ransom noted theonsite waste disposal system was being located as to insure no contamination during flooding. In response to Hohl, Williams expressed his concems~wt1i '~shing a requirement for a conditional letter of map revision. He noted a letter of map revision w~ ~ coming and would be completed. Williams restated the reasoning behind allow.Ag,t~~varlance. " HohI stated administratively the 4th whereas clause should expand LOM 'a letter of map revision.' ~~ Motion (Bohl/Roach') Strike~.\portion of Section l.A. reading, " ... and tliere are no other feasible locations . for the S~e~;Which are not located ..' . within a floodplain." . ., . Motion Failed Yes: Hohl No: Clark, Keil, Roach', Smith users. The Commissiondiscussed the merits of Section 2. C. Y Main Motion Passed Yes: Clark, Keil, Roach', Smith No: Hohl Unfinished business January 4,2007 Regular Meeting Minutes Motion to Postpone (Bohl/Roach') Unanimous (pf.r; City of Seward. Alaska March 6. 2007 Planning Commission Minutes Volume 6. Page 157 . February 6, 2007 Regular Meeting Minutes Terry noted administrative corrections. Roach' outlined the corrections to her comments. By general consensus, the minutes were approved as correct . Informational Items and Reports (No action required , Hohl outlined a correction to her comments. Special meeting notice for March 20, 2007 27, 2007, 6:00pm, City Council I I I .d Bear Cree ... od Se ice Area Board Agenda for March 5, 2007 iJ Sewar e.l!I:' Creek ~ bod Service Area Board Approved Minutes for January 15,2007 ~,.)!,q"',-l" and February 5, 200 Commission Comments - Keil noted the City Attorney's opinion on public easement's differed from the letter Hohl distributed. Hohl noted this issue had ramifications for property owners. Clark thanked Williams for suggesting and organizing attendance to the ADA Commissioner training. 1o"1 City of Seward, Alaska March 6, 2007 Planning Commission Minutes Volume 6, Page 158 Roach' looked forward to the work session on the helistop CUP including compliance issues. plan. Hohl met with head of Borough Maintenance and obtained a copy of the ADA transition Keil stated the ADA training was very useful, she offered her training material for the Commission. Commission we are doing well. Ethics good forum. . Adjournment Meeting adjourned at 9:35 pm. .1t' . . '.'-" Christy Terry Executive Liaison (City Seal) (pOa SEWARD I BEAR CREEK FLOOD SERVICE AREA . REGULAR BOARD MEETING AGENDA SUITE 122, SEA VIEW PLAZA BUILDING 2 April 2007 A. CALL TO ORDER B ROLL CALL C APPROVAL OF AGENDA- D. APPROVAL OF MINUTES E. PRESENT A nONS . City of Seward F. PlJBLIC C01>.1MENTS - LIMIT 3 MINUTES G. BOARD'S RESPONSE TO PUBLIC corvlMENTS H. CORRESPONDENCE & REVlEW OF P A l'1vlENT REQUESTS 1. PERMITS FOR REVIEW . ADOT Milepost 0-8 Time Extension/KRC#6573 J. OLD BUSINESS . Selection of flood mitigation projects for FY2008 K. 'NEW BUSINeSS L. I1\TfORi\1ATIONAL ITEMS AND REPORTS (No action required) . Kenai Watershed Forum Informational Meeting - Apri14th and 5th 2007 . Progress on update ofFload Hazard PlanlFEMA Planning Grant . Update on SBCFSA seat vacancy application process M. BOARD COMMENTS N. AD JOURNMENI (ii SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 MEETING MINUTES 19 February 2006 A.CALL TO ORDER- The meeting was called to order at 7:00 PM. B. ROLL CALL BOARD MEMBERS Bill Williamson, Chairman Steve Schafer, Vice Chairman Tina McLean Tom Gillespie Dave Dieckgraeff John Gage STAFF Christina Stauffer Administrative Assistant Loyd Welch - Absent excused C. APPROVAL OF AGENDA Chairman Bill Williamson asked for approval of the agenda. Vice Chairman Steve Schafer moved to approve the agenda. The motion was seconded and opened for discussion. Admmlstratlve ASSIstant Cliristma Staufferrequt:Sled the itdditiulI tu tlte agellda of KRC#6540, Reisner/Clear Creek under Item I, Permits for Review. Steve Schafer moved to approve the agenda as amended. . . The motion was seconded and unanimously approved. D. APPROVAL OF MINUTES Bill Williamson asked for any changes or corrections to the minutes from the regular board meeting of5 February 2007. Steve Schafer moved to approve the minutes as written The motion was seconded and unanimously approved. 2/19/07 1 (0 SEW ARD I BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 E. PRESENTATIONS Randall Stauffer, SewardlBear Creek Flood Service Area (SBCFSA) Liaison to -- ---Seward-Planning and Zoning Commission (P&Z), reported on the P&Z meeting of 6 February 2007. He stated that the P&Z members were pleased to have a liaison from the SBCFSA present at their meeting. He also reported that the P&Z expressed concern over the cancelled town meeting and hoped it would be rescheduled. The P&Z meeting was mostly a presentation from the Alaska Railroad on their plans for a dock expansion needed to allow unloading of container ships in Seward. Mr. Stauffer said that increased revenue for Seward and job opportunities were cited as benefits of this proposed project. There was some concern expressed over the possible impact of more trains in and out of Seward on the safety of busy railroad crossings such as at Stony Creek. The railroad plans to add about 115,000 CY offill in the.log pond using existing riprap and fill from dredging rather than bringing any material in from outside. Tom Gillespie asked how far the fill would extend. He said if the fill does not go west of the log pond it should be fine._A.sl()ng as the project did not affect the Resurrection River outflow it waS not a floodplain problem. Randall Stauffer pointed out an area on the wall map and said that the project was only in very preliminary stages right now. He said that the railroad needed a 200 foot ramp off the end of the dock to allow for container otlloading equipment. Discussion was held regarding possible sources offill material and benefit to SBCFSA flood mitigation plans. F. PUBLIC COMMENTS . . Christy Terry, Executive Liaison for the City of Seward thanked the board for reviewing the variance request included in the meeting packet and reminded board members of the upcoming quarterly work session with the P&Z scheduled for 6 March 2007. G. BOARD'S RESPONSE TO PUBLIC COMMENTS J The board had no response to public comments. I I 2/19/07 2 ,\ SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 H. CORRESPONDENCE & REVIEW OF PAYMENT REQUESTS . -E-mail from Jane Gabler re Blaine Bardarson permit application Christina Stauffer introduced this item and reported that Jane Gabler had requested the attached pennit extension letter from Blaine Bardarson to the US Army Corps of Engineers be brought to the attention of the board. Discussion was held but no action was taken at this time. . . · Payment request for reimbursement to Christina StautTer for postage and miscellaneous expenses in the amount of $81.13. Tina McLean moved that this bill be paid. The motion was seconded and unanimously approved. I.. - PERMITS FOR REVIEW _ . · City of Seward Variance Request/South Harbor Restrooms Building Steve Schafer asked for a relaxation of the rules so that he could ask Christy Terry about the City of Seward codes regarding V zones. Christy Terry responded that that City V zone codes were the same as the borough codes. John Gage pointed out that the original project had been done under the US Army Corps of Engineers. . . Discussion was held regarding the fact that the V zone designation involved in the variance request was soon to be changed and taken out of the V zone entirely. - Tina McLean moved to send an e-mail to Scott WiIliams, the Seward City Planner, stating that the board had no objections to the granting of this variance. The motion was seconded and unanimously approved. . Reisner Family/Clear Creek, KRC#6540 Dave Dieckgraeff suggested that Tom Gillespie describe this project as his father had built the original bridge approach involved. 2/19/07 3 l1--- SEWARD I BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 Tom Gillespie briefly outlined the request for a permit to remove an old bridge approach ramp and bridge remnant material on Clear Creek that is blocking normal . flow of the creek. The bridge has been gone for some time and the removal would not involve working in the stream. . Discussion was held regarding the extent of the material involved. Tom Gillespie stated that the proposed debris removal would improve the creek situation. Tina McLean moved that an e-mail be sent to Jane Gabler indicating the board's support for approval of this permit. The motion was seconded and unanimously approved. J. OLD BUSINESS . FY 2008 Budget Update Steve Schafer commented that the meeting at SBCFSA offices on Thursday 15 February 2007 with borough mayor's assistant, Tim Navarre and with borough finance chief Craig Chapman had been very helpful. Steve stated that he thinks the . board should move money from the unreserved fund balance into the contract services line item to make it more immediately available for flood mitigation projects. Tina McLean said that she thought the board should move at least half ofthe fund halllnce into contract services to address the large amount of work needed since the October 2006 flood. Discussion was held regarding amount of money in unreserved balance, the need to maintain a minimum balance and the scope and urgency of the mitigation work needing to be done as soon as the snow melts. Dave Dieckgraeff pointed out that there are flood repair projects underway through other government agencies as well and that the board should take this into consideration when deciding what to spend money on. Jobn Gage suggested that the board should request transfer of some money from the unreserved balance for use in FY 2007 as well as requesting a budget change for FY 2008. He noted that some of the work needs to be done as soon as possible in the. spring and should not wait until July. 2/19/07 4 \3 SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 Steve Schafer stated that this was an excellent suggestion and that possibly the board should request $40,000 be moved right now and then add more to the 2008 budget. - - Discussion was held regarding how much money might be needed in contract services and it was decided to do this in two separate motions. Tina McLean moved to submit a budget change request for FY 2008, transferring $90,000 from unreserved balance to contract services. The motion was seconded and unanimously approved. Steve Schafer moved to initiate a request that $60,000 be moved immediately from unreserved balance to contract services under FY 2007 budget. The motion was seconded and unanimously approved. Further discussion was held regarding allocating contract services for this year and next year. Box Canyon Creek, Upper and Lower Kwechak: Creek, Old Mill, Salmon Creek in three locations, Sawmill Creek and Grouse Creek were proposed as priorities. Dave DieckgraetT reminded the board that all work in anadromous streams needed to be done before July. K. NEW BUSINESS No new business is on the agenda. L. INFORMATIONAL ITEMS AND REPORTS (No action required) . - · Information for draft of SewardlBear Creek Flood Hazard Plan Christina StautTer requested that the updated watershed information she needed for her work on the Hazard Plan update was due as soon as possible and would be on the agenda for the March 5th board meeting. · Update on Department of Natural Resources (DNR) Legal Notice from September 1st Seward Phoenix Log Christina StautTer reported that she had downloaded information from the DNR web site on proposed changes to the state anadromous stream atlas and had also been 21l9/07 5 lY SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 in contact with Lee McKinley from DNR. Apparently none of the proposed changes to the atlas would affect the status of Seward area watersheds. I M:-BOARD.COMMENTS . Dave Dieckgraeff commented that the board needed to get updates from the borough on what flood mitigation and repair projects are being worked on. Discussion was held regarding the best way to close this information gap. It was suggested that contact should be made with Tim Navarre and Scott Walden to polish up the board/borough interface. . Tina McLean reported an encounter with local resident, Jean Langlois in which Mrs. Langlois had commented that a bridge on her property in Old Mill had been heavily damaged in the flood. Apparently this bridge has been closed to car traffic since last August but was used for foot traffic during the flood and is important to the subdivision. Mrs. Langlois is looking for some advice on how to get assistance with her bridge repairs. Tina said that she had suggested that Mrs. Langlois put her story --in-writing-and-contact.Scott Walden at-the Borough. Emergency Management Office. . John Gage suggested that the board should consider setting up a work session with borough engineer, Rob Robson in April to look over flood damage areas that needed to be worked on. - > . Tom Gillespie said that he had talked with Rob Robson and that Mr. Robson had been pretty positive about helping out in Seward. He reported at this time that the borough is doing some work on Lost Creek and on Exit Glacier Road. Mr. Robson suggested that the SBCFSA sort out their priority projects into smaller and larger jobs. The borough would be able to help with engineering smaller projects but would have to leave the larger projects, i.e. the Box Canyon dike, with more potential liability, to outside engineering. Tom further commented that he was glad to see plans being made to spend SBCFSA funds on projects this year because the public needs to see this. . Steve Schafer commented that the new meeting packet was well done but needed numbered pages to make it easier to find things. He also noted that the SBCFSA informal "round table" system for meetings seemed to work very well. . Bill Williamson stated that he also thinks it is a good thing to get some money out there. 2/19/07 6 l5 SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 Discussion was held with regard to getting public input on the project prioritizing . process. It was suggested that the board needed to get its own priority list established ~-andthen-presentitto the public for comment. . - A timetable for requesting funds, obtaining necessary permits, putting out contracts for bid and starting work, particularly in time sensitive streams was discussed. . N. ADJOURNMENT Tom Gillespie moved that the meeting be adjourned. The motion was seconded and unanimously approved. MEETING ADJOURNED at 8:15PM NEXT MEETING WILL BE MONDAY 5 MARCH 2007 AT THE SEA VIEW PLAZA BUILDING, SUITE 122 AT 7:00 PM. Chrwt'l.-f'U;V S"ta<<ffer Secretary Minutes Approved: 5 March 2007 Date of Approval 2/19/07 7 ,1.0 SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAzA BUILDING, SUITE 122 MEETING MINUTES 5 Marcb 2006 A. CALL TO ORDER The meeting was called to order at 7:00 PM. In the absence of Chairman Bill Williamson, Vice Chairman Steve Schafer conducted the meeting. B. ROLL CALL BOARD MEMBERS Steve Schafer, Vice Chairman Tina McLean Tom Gillespie Dave Dieckgraeff John Gage STAFF Christina Stauffer Administrative Assistant Bill Williamson - Absent excused Loyd Welch - Absent excused c. APPROVAL OF AGENDA Vice Cbairman Steve Scbafer asked for approval of the agenda. Dave Dieckgraeff moved to approve the agenda. The motion w~ seconded and opened for discussion. Administrative Assistant Cbristina Stauffer requested the addition to the agenda of KRC #6552, Alaska Railroad Debris Removal Permit extension under Item I, Permits for Review. Tina McLean moved to accept the amendment to the agenda. The motion was seconded and unanimously approved. D. APPROVAL OF MINUTES Steve Scbafer asked for any changes or corrections to the minutes from the regular board meeting of 19 February 2007. Dave DieckgraefT moved to approve the minutes as written. 3/5/07 Ir SEWARD I BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 The motion was seconded and unanimously approved. . - E. PRESENTATIONS Scott Walden of the Kenai Peninsula Borough (KPB) Office of Emergency Management, Rob Robson of the KPB Office of Capital Projects and Gary Davis of the KPB Office of Roads were present by teleconference. They were introduced to the board and the public present. , Scott Walden stated that they did not actually have a formal presentation but wanted to answer any questions. Steve Schafer asked about any plans for recovery and repair by the borough for the damage caused by the October 2006 flood event in the service area. Gary Davis stated that the KPB Department of Roads had appropriated funds to work on damage to Exit Glacier Road and also to address need for dredging on the Timber Lane Drive bridge in the Old Mill subdivision. He said that they were planning to -diedge -lOO-fee(upstream and 200feet oownsffeam and -reestablish the channel under the bridge. He went on to say that this will address problems on Judy Rough's property and that they may be able to obtain additional dollars to address the problem of gravel stockpiled on her property during emergency dredging during the flood event. Tom Gillespie asked if this would be tied in with the bridge repair itself or would it be addressed separately. Uave Uleckgraell asked about tlie road work planned for Exit Glacier Ruad. Gary Davis replied that the road work planned would be on Exit Glacier Road where it crosses Box Canyon Creek as well as on Wilma, Old Exit Glacier and perhaps City Circle as well. . Rob Robson reported that no capital project money had been put forward for any additional work from the borough. Steve Schafer asked if any money had been asked for in the preliminary budget for FY 2008. Rob Robson replied that they had tried to put in for money for the Kwechak and Box Canyon dike repairs but that, since the original structures involved were not engineered, the request was turned down. 3/5/07 2 l~ SEWARD I BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 Discussion was held regarding the need for permitting assistance from the borough on the proposed flood mitigation projects. . I .J Dave Dieckgraeff asked if any money was being provided by the State of Alaska. Rob Robson said that state funding had been included on the borough worksheets for the projects that were approved. Tom Gillespie asked for advice as to how the board should approach long term projects that require some engineering. Rob Robson answered that one possibility would be to discuss needs with the borough mayor's office. Only the assembly could approve funding for engineering and that the board should contact their local representative and put this forward. . Gary Davis commented that, with every flood disaster the state receives a chunk of money for hazard mitigation grants from Homeland Security. He suggested that the SBCFSA should check into this with the state and with FEMA. Scott Walden suggested approaching Scott Simmons or Irv Petty with State of Alaska Office of Homeland Security. I I Rand)' Stauffer C;ulIlIll<;;/lted ou the financial h..sponse thus far for the; flood disaster from FEMA, from the State of Alaska and from the KPH and asked if Seward was essentially on its own at this point. He stated that as far as he knew, FEMA was only willing to help with government infrastructure and offered little or nothing to businesses or individuals. The state had made a limited contribution through its Public Assistance program to businesses and individuals but that there was no more money. The KPB was now saying that, except for Exit Glacier Road and the bridge work in Old Mill that the borough had no further funds to use for flood assistance in our SeTV1ce area. J I I I I I Rob Robson requested that the board keep the borough in the loop on this. Steve Schafer asked if there were any questions for the presenters from the public present. Scott Walden responded by saying that the state only provided assistance up to $5,000 for qualified individuals through its public assistance program. During the actual emergency the borough had appropriated and spent $200,000. He also noted that FEMA was only willing to cover Public Assistance on the government infrastructure up to $25,000. He noted that FEMA had set up an office in Soldotna 3/5/07 3 l~ SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 through the borough but had not come through with much in the way of assistance. He said he had argued with them every day. He further stated that no individual assistance had- been approved by FEMA and that they had not approved individual assistance after the Matsu flood either. -~ Steve Schafer commented that it sounded as though the local and borough governments had done all they could. He thanked the presenters for their participation and ended the teleconference. F. PUBLIC COMMENTS Christy Terry, Executive Liaison for the City of Seward, spoke to remind board members of the scheduled work session with the Seward Planning and Zoning Commission scheduled for March 6th at 6:30 PM. She also announced that there was a special meeting ofthe Seward City Council scheduled for March 6th at noon to select a new City Manager from the candidates who had been interviewed. Ms. Terry also stated that the Marina subdivision replat request that was on the board's agenda for this evening had already been forwaided from the City of Seward to the borough - ---Platting Committee:-- -~-- - -- --- ------ u__ - ~ - -- Dan Rice asked if the bridge work was the only thing planned for the Old Mill subdivision. Steve Schafer answered that the board would be discussion other options in Old Mill under Item J, Old Business. Dan Rice said that there is so much sediment in Lost Creek above the bridge that any work done by the borough on the bridgewould be Wldone quiddy. Tina McLean recommended looking at the SBCFSA website at the Flood Hazard Mitigation Plan to see what long term plans the board had for all Seward area watersheds. Long term solutions, she suggested, were covered under the plan. . Dave DieckgraetT said that for the long term projects that grant funding might be available and that the board was prepared to match funds on these. Jim Conant commented that a lot of the flooding over the highway south of Old Mill during the recent flood event was caused by water flowing over the dike on his property. He stated that he is currently applying for permits to dredge and raise his dike by 4 feet but that he would like help if possible from the SBCFSA. Otherwise, he stated, he would have to apply for a loan to do this work. Mr. Conant also commented that he had heard complaints from neighbors that the stream was being 3/5/07 4 roo SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUll.DING, SUITE 122 blocked at the junction of Clear Creek and Salmon Creek by the finger of gravel that had been put in place during the emergency response. He explained that Frank Dieckgraeff, while doing the dozer work during the emergency, had purposely left a finger dike to keep the streams separate at this point and that he had recommended armoring the finger to keep it this way. He feels that this would keep things from washing away. Mr. Conant stated that he had already contacted the US Army Corps of Engineers and Alaska Fish and Game to look at this. G. BOARD'S RESPONSE TO PUBLIC COMMENTS Steve Schafer said that the area of Salmon Creek referred to by Mr. Conant should go on the board's list. He went on to say that this could be a poster child for working with private citizens on flood mitigation projects. John Gage stated that the permits will require being out of Salmon Creek by July 15th and that any work done by the service area in this instance should come out of FY2007 funding. H. CORRESPONDENCE & PAYMENT REQUESTS . E-mail from Christy Miller 2/22/07 Steve Schafer stated that this e-mail was in response to board contact regarding retaining Ms. Miller as a consultant to the SBCFSA. Ms. Miller had responded from out of the country to state that she would definitely be interested but that she would not be back in the states until March 9th. Discussion was held and it was decided to pass this information along to Chairman Bill Williamson, who is handling this issue. . Payment request for TelAlaska bill for February 2007. This bill is in the amount of $139.84 for long distance and internet phone service. Tina McLean moved to pay the bill. The motion was seconded and unanimously approved. 3/5/07 5 CO\ SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 I. PERMITS FOR REVIEW . -Marina SulidiVision Seward resort Addition/Plat Approval .. Discussion was held regarding this plat approval and it was determined that there were no floodplain issues involved. Tina McLean moved to let the KPB Plat Committee know bye-mail that the SBCFSA had no comment. The motion was seconded and unanimously approved and the administrative assistant was so directed. . Alaska Railroad Debris RemovaVResurrection River and Salmon Creek, KRC# 6552 Christina Stauffer pointed out to board members that this permit was a request for an extension on KRC#6059 issued in 2006 and that a copy of this permit was available in the lay down. Dave Dieckgraeff commented that he felt that any debris removal was a good thing. Discussion was held regarding this issue. Tina McLean moved to respond to the Kenai River Center via letter that the SBCFSA had no objection to issuing this permit extension. The motion was seconded and unanimously approved and the administrative assistant was so directed. J. OLD BUSINESS . · Watershed review and prioritizing for SBCFSA Flood Hazard Plan Steve Schafer pointed out the news print that had been tacked up on the walls ofthe meeting room with headings for the watersheds the board had deemed most in need of flood mitigation after the October 2006 flood. He invited the public present to contribute to the watershed discussion and summarized the board's intent to use unreserved funds accumulated over the past months to address smaller mitigation projects. 3/5/07 6 f6~ 3/5/07 SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 Randy Stauffer volunteered to write down suggestions as they were made on the news print lists. John Gage spoke first about the need to address anadromous streams first as there was a time limit on doing work in these waters. Discussion was held regarding which creeks in the service area are anadromous. o Salmon Creek Brian Nipp stated that he was a member ofthe Marathon View Homeowners Association and that residents of the subdivision were concerned regarding repeat flooding. He stated that the last couple of times Salmon Creek flooded that it came through the bank in the same place and flowed down Meridian Avenue. He suggested that the board consider armoring this part of the stream bank or deepen the stream channel in this location. He went on to say that the . flooding cuts down Henry Melville's driveway and that Mr. Melville had lost about 20 feet of property along the river in the last flood. Tom Gillespie commented that the area of Salmon Creek under discussion was a difficult spot as the channel was tight here and anything done to one side of the stream would adversely affect property on the opposite side. He said that dredging could be done but that any rip rap placed would have to be . done on both sides. 1 Steve Schafer added that permission would be needed from property owners on both sides of Salmon Creek for this work. He stated that armoring was more problemarlc than dredging and mult:: lipl tu lliist:: liliLility issut::S. Dave Dieckgraeff said that the borough had given permission to channel this part of Salmon Creek a couple of years ago and that the board should check to see if any of those permits are still in effect. Tina McLean suggested that, with regard to property owner permission, it would be helpful to the board to talk to the homeowners association. She encouraged Mr. Nipp to keep in touch regarding the willingness of property owners to let us in there to do this work. o Kwechak Creek Tom Gillespie stated that Metco had been allowed to do just a little bit of work at the mouth of the Kwechak dike during the October 2006 flood emergency. 7 ~ SEWARD I BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 Steve Schafer said that Afognak had spent about a week a couple of years ago extending the dike to about one third mile. · . Tom Gillespie replied that the dike had now eroded down to about one fourth mile. .,. Discussion was held regarding the current state of the stream banks and the dike and what mitigation might be needed. John Gage pointed out that this creek can be worked on in FY2008 if necessary as it is not anadromous. Tom Gillespie noted that, aside from dike repairs, Kwechak Creek needed dredging below Bruno Bridge by the Mormon Church. Tina McLean added that the dredging needed to be carried on down to where Kwechak emptied into Salmon Creek as there was virtually no stream bed left. o Lost Creek Dan Rice stated that he lives up on Lost Creek above the Bardarsons. He said he would like to see some bed load and debris removed and the Lost Creek channel reestablished. Tom Gillespie brought up the need for debris removal on McKean Creek which empties into Lost Creek. Since this was on Forest Service land he suggested the Forest Service might like to assist. 3/5/07 Dave Dieckgraeff remarked that the borough was already talking about replacing the Timber Lane bridge and working upstream and downstream from the bridge to deepen channel. He suggested that the board consider working upstream and downstream of the area proposed under the borough bridge work. .. ~ Steve Schafer commented that, due to the lack of anywhere to dispose of it, debris removal would be expensive in this area but that rechannelization was . at least possible. o Box Canyon Creek Steve Schafer stated that the borough had made it clear they would not work on the Box Canyon Creek dike. He suggested the board might pay for some dozer work at least. 8 'bL\ - . 3/5/07 I I SEWARD I BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 Dave Dieckgraeff suggested getting CIRI and the Park Service to assist as their infrastructure in this area was at risk. Steve Schafer recommended that, as the borough engineers had declined to help with this dike, that engineering on the Box Canyon Creek dike be put on the list as a long term goal. o Grouse Creek Discussion was held regarding whether or not Grouse Creek was anadromous. It was noted that if dredging was done where Lost Creek turns the comer into Grouse Creek that it would avoid this issue. It was suggested that the Alaska Department of Transportation (DOT) be involved and that the SBCFSA might address the stream area between the borough work on the bridge and the DOT area. Jim Conant addressed the issue of Grouse Creek at its confluence with Salmon Creek. He stated that he had a discussion with Don Kuhl regarding the rip rap finger that had been left between the streams. The Corps of Engineers had seemed upset at the decision to leave the finger dike there. Mr. Conant suggested that it might be wise to have an engineer assess this situation. He believes that a separation is needed in this stream mixing zone to prevent further flooding. Steve Schafer brought the discussion back to Grouse Creek. He noted that Lost Creek dumps into Grouse Creek and Grouse Creek dumps into Salmon Creek. Whatever is done needs to be done without interfering with the fish and, thcrefrm;, before July. o Sawmill Creek Discussion was held regarding areas of Sawmill Creek that needed flood mitigation work. It was noted that any dredging needed at the bridge itself would be under the authority ofthe DOT. Steve Schafer commented that dredging and debris removal was needed at, as well as above and below the bridge as well as rechannelization. He noted that, ifnot taken care of, any flooding could adversely affect the historic Iditarod Trail. Further discussion was held with regard to the area of Sawmill Creek mentioned previously by Nashwoods resident Jerry Dixon. It was suggested 9 f6r; SEW ARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 that CIRI might want to be involved on work in this area as well as it will affect them eventually. . . Cbristy Terry remarked that she did not see Japanese Creek on the list being' considered and reminded the board that they had offered assistance to the City of Seward on this project. ... Tom Gillespie noted that dredging should be done on Fourth of July Creek as well but that it was not a priority. Randy Stauffer added that there were a number of areas outside of the current list, such as the Resurrection River and Lowell Canyon that were under mitigation project consideration by other groups. John Gage stated that there are some flooding issues out at Lowell Point as well on one of the smaller creeks which floods routinely and cuts off access to Lowell Point He said that he thought that the problem could be handled with a ditch and a culvert and that this should be a borough project ' Randy Stauffer mentioned the high level of sedimentation under the Nash Road bridge across Salmon Creek. Steve Scbafer pointed out that the biggest problem with all these projects was what to do with the material that was removed. Discussion was held regarding possible sites where this material might be of use and the potential cost of transporting it . FY 2008 Budget Update CbristIna Stauffer presented the ordinance and memo that had been drafted to propose the transfer of money in FY 2007 from Unreserved Balance to Contract Services. She also presented the Budget Change Request for FY2008 to increase the amount of money in Contract Services to allow for flood mitigation projects to be accomplished. . . The board thanked Christina for her work on this and had no comments at this time. K. NEW BUSINESS No new business is on the agenda. 3/5/07 IO QJo I I SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 L. INFORMATIONAL ITEMS AND REPORTS (No action required) I . Seward City Planning Office re ARRC Freight Dock Expansion Christina Stauffer introduced this copy of the permit issued by the City of Seward for the board's information. · Seward City Planning Office re ARRC Dock Maintenance Dredging Christina Stauffer introduced this copy of the permit issued by the City of Seward for the board's information. M. BOARD COMMENTS · Dave DieckgraefT commented that it seems like a great deal of paperwork is necessary but that paperwork is needed before going for flood mitigation grants. · Tom Gillespie tbanked the public present for their participation in the discussion. He said he thinks the board should consult witb a hydrologist once a project is selected to make sure the work is not creating more problems than it is solving. He suggested that Rob Robson at the borough might help with this. · John Gage expressed his hope that the board will get numbers and pick a project soon. 1 I I .. · Tina McLean thanked Randy Stauffer for helping at the blackboard. She went on to say that she-had-talklld "'lith Homeland-Security regarding ,vorking with Hie SMp "f Alaska to increase its flood disaster maximum assistance of$5,000 to bring it more in line with FEMA assistance. FEMA has been upgrading the amount of their assistance over the past 20 years until it is currently $28,000 per approved application, but the State of Alaska has not kept up. She noted that $5,000 does not go very far. i · Steve Schafer had no further remarks at this time. N. ADJOURNMENT Steve Schafer moved that the meeting be adjourned. The motion was seconded and unanimously approved. 3/5/07 II r:01 SEWARD I BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 MEETING ADJOURNED at 8:35 PM. j NEXT MEETING WILL BE MONDAY 19 MARCH 2007 AT mE SEA VIEW PLAZA BUILDING, SUITE 122 AT 7:00 PM. "- ~ Chr~~St~ Secretary Minutes Approved: 19 March 2007 Date of Approval j . ; 3/5/07 12 f6t:6