HomeMy WebLinkAbout09042007 Planning & Zoning Packet
Seward Planning & Zoning Commission
September 4, 2UUI
Marianna KeiJ
Chair
Term Expires 02/10
Tom Smith
Vice-Chair
Term Expires 02/10
Margaret Anderson
Commissioner
Term Expires 02/09
Kevin Clark
Commissioner
Term Expires 02/09
Vacant
Commissioner
Term Expires 02/08
Sandie Roach'
Commissioner
Term Expires 02/10
Bob Hicks
Commissioner
Term Expires 02/08
Phillip Oates
City Manager
Vacant
Planner
Donna Glenz
Planning Assistant
Anne Bailey
Executive Liaison
7:3U p.m.
Re~~~~~~~~~~
1. Can to Order
2.
Opening Ceremony
A. Pledge of Allegiance
3.
Roll Call
4. Special Reports & Presentations
A.
City Administration Report
1. Reported Violations, Interpretation and Abatement
B.
P & Z Commission (Legislative division) Budget
Presentation- Kris Erchinger.................. ...Page 3
c.
Other Reports, Announcements & Presentations
1. KPB Planning Commission Report - Tom Smith
5.
Citizens' Comments on any subject except those items
scheduled for public hearing. [Those who have signed in
will be given the first opportunity to speak. Time is limited
to 2 minutes per speaker and 30 minutes total time for this
agenda item]
6.
Approval of Agenda and Consent Agenda. [Approval of
Consent Agenda passes all routine items indicated by
asterisk (*). Consent Agenda items are not considered
separately unless a Commissioner so requests. In the event
of such a request, the item is returned to the Regular
Agenda.]
Planning & Zoning Commission
September 4, 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 - None
B. New Business Items requiring a Public Hearing
1. Resolution 2007-15 recommending Kenai Peninsula Borough approval of
the preliminary plat of Tracts A-I, B, C, & D, Seward Long Term Care
Facility Subdivision, vacation of a portion of 10' utility easement, a
subdivision of Tract A & the remaining portion of V.S.S. 1864 (plat #
2004-3) ...................... ................ .................................................... Page 5
2. Resolution 2007-16 recommending City Council approval of amending
the Land Vse Plan and rezoning of Tract D, of the V.S.S. 1864, Seward
Long Term Care Facility Subdivision (Preliminary Plat) and rezoning the
north portion of Tract A-I, V.S.S 1864, KPB Replat from Single Family
(RI) to Institutional (INS) ............................................................... Page 26
8. Unfinished Business - None
9. New Business -
A. Select Work Session Topic for September 18,2007 .................................. Page 37
*
B.
Approve August 7,2007 Regular Meeting Minutes.................................... Page 40
10. Informational Items and Reports (No action required)
11. Commission Comments
12. Citizens' Comments [Limit to 5 minutes per individual - Each individual has one
opportunity to speak]
13. Commissions and Administration Response to Citizens' Comments
14. Adjournment
Planning & Zoning Commission
September 4, 2007
Regular Meeting Agenda
Page 2
City of Seward - General Fund (101)
Department: Community Development (1150)
2008 Preliminary Operating Budget
Expenditure Detail by Department
2005 2006 2007 Thru 2007 2008 2007-08
Dept GL Account Name Actual Actual 7/07 ** Budget Request Variance % Change
------------------ -------- --------- --------- --------- --------- ----------
Personnel Services
1150 5010 Salaries $ 62,667 $ 75,303 $ 43,433 $ 60,573 $ 95,452 $ 34,879 57.6 %
1150 5020 Overtime 285 1,349 4,886
1150 5040 Leave Time 6,492 7,042 3,852 5,623 8,397 2,774 49.3
1150 5060 Retirement Benefit 6,840 10,928 5,651 10/269 14,186 3,917 38.1
1150 5070 Health Insurance 17,318 22,980 18,596 26/928 20,646 (6,282) (23.3)
1150 5080 Workers' Comp 754 857 578 776 897 121 15.6
.
1150 5090 Medicare 948 1,719 1,191 919 3,066 2,147 233.6
-------- --------- --------- --------- --------- ----------
Personnel: 95,304 120,177 78,188 105,088 142,644 37,556 35.7
1150 5120 Advertising 1,465 919 500 500
1150 5130 Subscriptions/Dues 185 800 500 (300) (37.5)
1150 5140 Travel/Subsistence 3,544 2,069 2,500 2,500
1150 5150 Communications 1,809 2,144 1,185 1,500 1,500
1150 5160 Education/Training 992 125 50 1,600 1,600
1150 5360 Rents & Leases 8,321 8,503 5,705 9,500 8,940 (560) (5.9)
1150 5370 Insurance 2,031 1,910 2,631 2,400 2,700 300 12.5
1150 5380 Maintenance & Repa 568 578 400 750 750
1150 5390 Contracted Service 25,830 26,495 9,010 30,000 35,000 5,000 16.7
1150 5440 Operating Supplies 1,302 1,232 376 3,650 3,650
1150 5460 Equip, Furn, Tools 4,718 221 3,120 3,120
1150 5490 Postage/Misc.Freig 424 555 235 600 600
-------- --------- --------- --------- --------- ----------
Non-Personnel: 49,539 45,260 20,732 56,920 61,360 4,440 7.8
-------- --------- --------- --------- --------- ----------
Total Expenditures $ 144,843 $ 165,437 $ 98,921 $ 162,008 $ 204,004 $ 41,996 25.9 %
======== ========= ===s====== ========== =====z=== ==========
3
City of Seward - General Fund (101)
Department: Legislative - Boards & Commissions (1111)
2008 Preliminary Operating Budget
Expenditure Detail by Department
2005 2006 2007 Thru 2007 2008 2007-08
Dept GL Account Name Actual Actual 7/07 ** Budget Request Variance % Change
------------------ -------- --------- --------- --------- --------- -...--------
Personnel Services
1111 5010 Salaries $ 12,741 $ 27,474 $ 13,497 $ 47,699 $ 45,989 $ (1,710) (3.6) %
1111 5020 Overtime 201 741
1111 5040 Leave Time 1,222 2,363 1,146 4,623 4,278 (345) (7.5)
1111 5060 Retirement Benefit 1,232 4,062 1,966 8,102 8,728 626 7.7
1111 5070 Health Insurance 4,253 8,357 5,052 14,025 15,829 1,804 12.9
1111 5080 Workers' Comp 167 324 171 611 432 (179) (29.3)
.
1111 5090 Medicare 174 382 205 725 878 153 21.1
-------- --------- --------- ------...-- --------- ----------
Personnel: 19,990 42,962 22,778 75,785 76,134 349 0.5
1111 5120 Advertising 113 250 250
1111 5130 Subscriptions/Dues 115 970 850 1,450 1,450
1111 5140 Travel/Subsistence 2,065 1,095 2,186 7,300 6,500 (800) (11. 0)
1111 5160 Education/Training 1,684 35 501 3,500 3,000 (500) (14.3)
1111 5370 Insurance 338 421 797 350 1,000 650 185.7
1111 5440 Operating Supplies 3,144 4,483 3,006 3,550 4,500 950 26.8
1111 5490 postage/Misc.Freig 108 216 131 500 500
-------- --------- --------- --------- --------- ----------
Non-Personnel: 7,454 7,220 7,584 16,650 17,200 550 3.3
-------- --------- --------- --------- --------- ----------
Total Expenditures $ 27,443 $ 50,182 $ 30,362 $ 92,435 $ 93,334 $ 899 1.0 %
=-====c== ====z:.====== =:;-===a=== -=.:==-=== ===-====-= ========;;::=
y
Sponsored by: Applicants
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2007-15
A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMIS-
SION, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF
THE PRELIMINARY PLAT OF TRACTS A-I, B, C, & D, SEWARD LONG
TERM CARE FACILITY SUBDIVISION, VACATION OF A PORTION OF 10'
UTILITY EASEMENT, A SUBDIVISION OF TRACT A & THE REMAINING
PORTION OF U.S.S 1864 (PLAT # 2004-3), LOCATED WITHIN SW ~
SECTION 34, TOWNSHIP 1 NORTH, RANGE 1 WEST, SEWARD MERIDIAN,
ALASKA
WHEREAS, SENTEC has submitted, on behalf of the property owners Carol Griswold and
Frank Griswold, the City of Seward and the Kenai Peninsula Borough, to the Seward Planning and
Zoning Commission a preliminary plat of TRACTS A-I, B, C, & D, Seward Long Term Care Facility
Subdivision, Vacation of a Portion of 10' Utility Easement, A Subdivision of Tract A & the Remaining
Portion ofU.S.S 1864, (plat #2004-3), Located within SW ~, Section 34, Township 1 North, Range 1
West, Seward Meridian, Alaska, Containing 85.1 +/- Acres; and
WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory
capacity to the Kenai Peninsula Borough regarding subdivision plat proposals; and
WHEREAS, as required by Seward City Code Section 16.01.015 Conditions to plat
approval, property owners within 300 feet of Preliminary Plat of TRACTS A-I, B, C, D Seward
Long Term Care Facility Subdivision were notified of the proposed platting action, and the property
was posted with a public notice sign; and
WHEREAS, this preliminary plat contains approximately forty-five point one (45.1 +/-) acres
zoned Single Family Residential (Rl) and approximately forty (40) acres in Tract A-I zoned
Institutional, the proposed lots are in compliance with the minimum lot size, and width requirements of
the Seward City Code Title 15 (Zoning Code); and
WHEREAS, the proposed development of the community's LTCF will require a Rezone of
Tract D to Institutional Zoning; and
WHEREAS, Tract A-I remains a lot with split lot zoning, which is uncommon but not
disallowed by City Code, but a rezone will be presented to the Commission to zone the entire lot
Institutional; and
WHEREAS, Tract A-I will not be required to enter into a subdivision agreement, because
public improvements required by the Seward City Code Title 16 (Subdivision Code) are already
provided to the property; and
WHEREAS, Tract D will not be required to enter into a subdivision agreement, because
consummation of the sale from the Griswolds to the City of Seward shall occur within thirty (30)
days following the recording of the plat; and
WHEREAS, Tract D will be developed, including all required public improvements by the
City of Seward for the Community's Long Term Care Facility; and
o
Seward Planning and Zoning Commission
Resolution 2007-15
Pa2e 2
WHEREAS, a subdivision installation agreement shall be entered into prior to commencement
of construction per Seward City Code ~ 16.05.015 (A)(1) for Tracts B and C.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission recommends Kenai Peninsula Borough approval of the TRACTS
A~l, B, C, D Seward Long Term Care Facility Subdivision preliminary plat subject to the following
conditions and plat notes:
Conditions:
1. Correct 'TRACT'S' to 'TRACTS' in the title block list oflots included on the plat.
Plat notes:
I. Development within this subdivision is subject to the City of Seward Zoning and Land
Use Regulations.
2. Tracts B, C, D must be connected to public sewer facilities prior to development.
3. No permanent structure may be constructed or placed within a utility easement which
would interfere with the ability of a Utility to use the easement.
4. Any exceptions granted by the Kenai Peninsula Borough Plat Committee with the
appropriate meeting date.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of
September, 2007.
THE CITY OF SEWARD, ALASKA
Marianna Keil, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis
City Clerk
(CITY SEAL)
&J
Agenda Statement
Meeting Date: September 4, 2007
To: Planning and Zoning Commission
From: Project Manager Tom Shepard p:;;
Thru: City Manager Phillip oa~ ;( at.
Agenda Item: Preliminary Plat Review of TRACTS A-I, B, C, & D, Seward Long Term Care
Facility Subdivision, Vacation of a Port ion ofl0' Utility Easement, A Subdivision
of Tract A & the Remaining Portion ofU.S.S 1864, (plat #2004-3), Located within
SW ~, Section 34, Township 1 North, Range 1 West, Seward Meridian, Alaska,
Containing 85.1 +/- Acres
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the Kenai Peninsula Borough
Planning Commission is a preliminary plat of TRACTS A-I, B, C, & D, Seward Long Term Care
Facility Subdivision, Vacation of a Portion of 10' Utility Easement, A Subdivision of Tract A &
the Remaining Portion of U.S.S 1864, (plat #2004-3), Located within SW ~, Section 34,
Township 1 North, Range 1 West, Seward Meridian, Alaska, Containing 85.1 +/- Acres.
The Seward City Council by Resolution 2007-60 directed the City Manager to proceed with the
acquisition of the parcel now proposed as Tract D, in addition to required ROW, to provide land
for the development of the community's Long Term Care Facility (LTCF). The Seward City
Council by Resolution 2007-075 approved the Oak Street Extension as the official main access
point to the L TCF property. Prior to approval of these resolutions three public workshops were
held discussing site and access options and staff research was conducted and presented. Route
options were reviewed using the following criteria: safety, road ownership, traffic impacts,
development promotion, ROW concerns and costs.
As required by Seward City Code Section 16.01.015 Condition to plat approval, property owners
within three hundred (300) feet of this subdivision were notified of the proposed platting action,
and the property was posted with public notice signs.
This platting action vacates a portion of a 10' utility easement running between the proposed Tract
Band C and dedicates additional Oak Street public Right-Of-Way to provide access to Tract D.
Existing Utility Easements remain around the lot lines of Tract A-I and additional 10' Utility
Easement is dedicated along the lot lines of Tract D and along the newly dedicated ROW.
PRELIMINARY PLAT REVIEW:
Zoning:
The property in this preliminary plat contains approximately forty-five point one (45.1 +/ -) acres
zoned Single Family Residential (RI) with approximately forty (40) acres in Tract A-I zoned
I
Institutional, the proposed lots are in compliance with the minimum lot size, and width requirements
of the Seward City Code Title 15 (Zoning Code). The proposed development of the community's
L TCF will require a Rezone of Tract D to Institutional Zoning.
Floodplain:
The parcels are not located in a floodplain and are not located in an area with known historical
flooding.
Utility/Infrastructure Improvements:
Tract A-I will not be required to enter into a subdivision agreement, because public
improvements required by the Seward City Code Title 16 (Subdivision Code) are already
provided to the property. Tract D will not be required to enter into a subdivision agreement,
because consummation of the sale from the Griswolds to the City of Seward shall occur within
thirty (30) days following the recording of the plat. Tract D will be developed, including all
required public improvements by the City of Seward for the Community's Long Term Care
Facility. A subdivision installation agreement shall be entered into prior to commencement of
construction per Seward City Code ~I6.05.015 (A)(1) for Tracts Band C. This course of action
provides the most flexibility for future development and protects the City by insuring proper
improvements, applicable to site development, will be provided to Tracts B and C .
Area History and Characteristics-
The Borough went through an extremely similar replat when the new Seward Middle School
property was platted a few years ago. This Tract A is now part of the current replat as Tract A-I.
The Seward Planning and Zoning Commission voted unanimously (with one abstention) to approve
the resolution forwarding this plat (V.S.S. 1864 KPB Replat, Tract A) for Borough approval without
any amendments. Tract A involved exceptions to KPB 20.20.030 that were recommended by the
Kenai Peninsula Borough Planning Staff and unanimously adopted by the Plat Committee.
Exceptions are authorized based on findings offact outlined in Borough Code. The City of Seward
is patterning the exceptions for the current preliminary plat after the Seward Middle School Tract A
because of the institutional and location similarities between the two.
Kenai Peninsula Borough Code 20.24 Exceptions Requested:
The applicants will be requesting the Kenai Peninsula Borough Planning Commission approve
exceptions to the proposed plat. These exceptions granted by the Kenai Peninsula Borough Planning
Commission will be noted on the plat with the date of the Commission meeting. The Kenai
Peninsula Borough Commission may authorize exceptions to any of the requirements set forth in
their subdivision design requirements based on findings offact outlined in KPB Code ~20.24.01O
Exceptions to regulations - Procedure-Commission authority, "(A).. .1. That special circumstances
or conditions affecting the property have been shown by application; 2. That the exception is
necessary for the preservation and enjoyment of a substantial property right and is that most practical .
manner of complying with the intent of this title; 3. That the granting of the exception will not be
detrimental to the public welfare or injurious to other property in the area in which said property is
situated."
The findings of fact in regards to the current proposed plat parallel the findings of fact previously
adopted by the Kenai Peninsula Borough Planning Commission during the adoption of the new
Seward Middle School Tract A.
8
KPB Code ~20.20.030 would require extension of Oak Street ROW through the preliminary plat.
There are compelling findings to support the requested exception:
1. For safety purposes, it is undesirable to have a public right-of-way passing through the
center of the Long Term Care Facility (Tract D) or the school properties (Tract A-I).
2. Access to all portions of the Long Term Care Facility and the school properties is or will
be available for emergency service providers, city maintenance vehicles, refuse collectors
and public vehicles.
3. Existing access is available to all adjoining properties.
4. An alternative emergency access route to Tract D shall be available via Sea Lion Avenue.
This has been agreed upon by the Kenai Peninsula Borough by correspondence to the
City of Seward dated 7-19-2007.
5. Extending Oak Street through the parcels is not a recommendation in Seward's
Comprehensive Plan.
KPB Code ~20.20.090 would require streets designed to have an end permanently closed to end with
a suitable turnaround (cul-de-sac). There are compelling findings to support the requested exception:
1. A cul-de-sac at the end of the Oak Street ROW would limit future development of the
properties.
2. Oak Street will extend into the L TCF property (or City of Seward property) as a public
drive with a cul-de-sac at its end.
3. Suitable turnaround on the L TCF property (or City of Seward property) will be available
for emergency service providers, city maintenance vehicles, refuse collectors and public
vehicles.
4. Further roads, access, ROWand easements will be addressed as Tracts B and C are
developed.
CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the
Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council
Rules of Procedures.
Other:
RECOMMENDATION:
Approve Resolution 2007-15, recommending Kenai Peninsula Borough Planning Commission
approval of the preliminary plat of TRACTS A-I, B, C, & D, Seward Long Term Care Facility
Subdivision, Vacation of a Portion of 10' Utility Easement, A Subdivision of Tract A & the
Remaining Portion ofD.S.S 1864, (plat #2004-3), Located within SW ~, Section 34, Township 1
North, Range 1 West, Seward Meridian, Alaska, Containing 85.1 +/- Acres.
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Page 1 of6
Christy Terry
From: Tom Shepard
To: Phillip Oates
Cc: Christy Terry; Kris Erchinger
Subject: FW: New LTC Preliminary Plat
Attachments:
Sent:Thu 8/16/200710:46 AM
FYI
..."""'.....,._.__.,,..,....,.,.,~"'-=-""'___..--._~'.n.,.....,.._m.,...._._...,.,,,.,__,,,.,..,...._....__.......,.,,.,,~_.--"",--,-""-~""""",_.,.,,,,,,,,,,,,,,,,,,,,---,,,--,,,,,-,~,,",,.,.,..,,..-,-_....,.......,,.,..__..,..-.,,,.~-._.,.,.,.,.,..,_.".,.--_....--".".,...-:-.---,---,~...,...,...,,-
From: Toll, Mary [mailto:MTOLL@borough.kenai.ak.us]
Sent: Thursday, August 16, 2007 10:07 AM
To: Tom Shepard
Subject: RE: New LTC Preliminary Plat
Tom - this is good info. It also contains numerous findings that would support a recommendation to
grant the exception. May I include it in the mail out packet to the commissioners when we get the plat?
We have a PC meeting in Seward on September 10. I will be spending the night and would like to look at
the site on
the morning of the 11th, just so I can say I made a site visit and possibly answer questions semi-
intelligently. I will take pictures too include in the packet a that time. Would you please arrange a nice
sunny day for the 11th?
When does this go to your meeting?
-----Original Message-----
From: Tom Shepard [mailto:tshepard@cityofseward.net]
Sent: Thursday, August 16, 2007 8:53 AM
To: Toll, Mary; Mueller, Marcus
Cc: Best, Max; Lyon, Kevin; Phillip Oates; Donna Glenz
Subject: RE: New LTC Preliminary Plat
Mary:
Thank you for your comments! Also, thanks for pointing out the exception piece available for we
will try to exercise that.
I \
httn./110? lfiR 1 'i/pyr:h::lnpe/cterrv/Tnhox/FW:%20New%20LTC%20Preliminary%20Plat.... 8/27/2007
Page 2 of6
However, I do feel it is necessary to provide you with all the detail necessary so the Borough
and Platting Commission fully understands the City and the private property owner's immediate
intentions for this area.
Before I get into it, I sincerely thank you, Kevin Lyon. Dave Spence, Marcus Mueller, Max Best,
and the KPB for your genuine help in this issue. This means a lot to the City. You have truly
demonstrated a partnership effort that is required for this and future Borough and City projects.
We value this relationship.
As you are aware, this is the third proposed location for Seward's new Long Term Care Facility,
L TCF. I am quite certain this will be its final location. Prior to this location the facility was located
in the North Forest Acres property that you visited last year. In October 2006, Seward
experienced widespread flooding that seems to be typical here at 10 year intervals. As a result,
the levee that protects the North Forest Acres area was damaged. This event made the
community realize the very real hazards that are present for this area. Relocating the L TCF was
the only responsible course of action to take.
The Griswold's, who once owned the property the middle school sits on and who presently
owns the surrounding property to the west and north of the middle school, (-33 acres), came
forward to offer us 8 acres to construct the L TCF. Ironically, this location was the very first site
of choice for the City of Seward due the site being out of the flood plain, experienced no prior
flooding, has good stable soils, is close to the evacuation centers for the community, etc...
unfortunately, at that time, the Griswold's weren't interested in selling. This was because at that
time, there were thoughts of co-locating the hospital with the LTC. The property owners had
concerns with hospital and helicopter traffic interfering with the quite area.
Through the state required Certificate of Need process, it was determined that co-location on
the same site is not required. In other words, the parameters changed and the property needed
is now only for the L TCF. This factor ultimately changed the property owners mind, resulting in
selling the City property to construct the L TCF.
With this said, it is the Griswold's intentions to sell the City the property to allow the community
to move forward with the L TCF project on the appropriate site, and not subdivide their
remaining property to any major extent. The remaining bulk of their property to the north of the
middle school, (-25acres) will remain untouched and undeveloped until such time they decide
to do something with it. At that time, additional platting for ROW, easements, etc...will be
addressed.
What the City is trying to do now for the immediate future is to access the new L TCF site from
Hemlock. We have had four public workshops discussing the access issues specifically to this
site. This has been a hot topic for all of the past locations, and this one was certainly not
12
httn://192. 168. 1.5/exchange/cterry/InboxIFW:%20New%20L TC%20Preliminary%20Plat.... 8/27/2007
Page 3 of6
different. At these workshops both Kevin Lyon and David Spence from the KPB and school
district attended.
Access from the Gateway subdivision, Sea Lion Ave, Hemlock, and Ash Streets were all
discussed at length. As a result, City Council, through resolution voted to have the primary
access from Ash Street to Oak Street through the Griswold property, through the comer of the
middle school property, to the L TCF; this is what is before you. All borough involvement was
discussed and resolved prior to the resolution. The ROW needed for Oak Street was already
accounted for in the purchase and sale agreement for the L TCF property. Our primary mission
is to provide access to the L TCF; not developing the Griswold property.
For clarification, the portion of Oak Street on the plat is currently an easement that the Borough
obtained for their water feed to the new school. We will now be improving that by converting it to
ROWand adding sewer, pave road, and lighting.
More recently and more specifically to this plat, there has been dialogue that Oak Street will
dead end ROW at the middle school. From a practical standpoint Oak Street will extend into the
L TCF property, (or city property), as a drive where there will be a cul-de-sac at its end.
Maintenance, emergency vehicles, and the public will have access to this extension and will be
able to turn around on City property. Yes, from a technical standpoint, ROW will dead end, but
the road will continue into the city site and a turn-around will be provided for all. Creating a
second cul-de-sac and the end of Oak Street at this point is not prudent knowing that the ROW
within the remainder of the Griswold property, once platted and developed, will address this.
I agree with the earlier comments that a connection between the Gateway Subdivision and Oak
Street or further south may be needed. The City or the Griswold's do not feel it is appropriate to
address all of the ROWand easement issues pertaining to all of the Griswold property at this
time. This will be addressed as this area gets appropriately planned for development by the
Griswold's. Right now we are developing the LTC and access to the L TCF and keeping in
careful mind not to compromise future development possibilities.
The Borough went through an extremely similar scenario when the new Seward Middle School
property was platted a couple of years ago. The scenario involved exceptions to KPB 20.20.030
and KPB 20.20.090. The City of Seward plans on using most of the exceptions the borough did
because of the similarities between the two. Also, what we are doing now will not compromise
Seward's Comprehensive Plan.
I do apologize for the lengthy letter, my intention was to provide you with a more in depth
reasoning for what we are trying to accomplish. This is a unique situation to all of us.
Thank you again for your continued help. Contact me anytime for clarification on anything.
\3
http://192.168.1.5/exchange/cteny/InboxIFW:%20New%20L TC%20Preliminary%20Plat.... 8/27/2007
Sponsored by: Oates
~
CITY OF SEWARD, ALASKA
RESOLUTION 2007-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH
THE ACQUISITION OF LAND (GRISWOLD PROPERTY), COMPRISING
APPROXIMATELY 9.11 (+/-) ACRES OF mE SOUTHWEST CORNER OF
THE UN SUBDIVIDED REMAINDER OF U.S.S. 1864, AS REFLECTED IN
THE U.S.S. 1864 KPB REPLAT, PLAT NO. 2004-03, INCLUSIVE OF
RIGHT-OF-WAYS OF APPROXIMATELY 1.11 (+/-) ACRES EXTENDING
SOUTH FROM THE INTERSECTION OF OAK STREET AND HEMLOCK
STREET AND SUCH ADDITIONAL RIGHT-OF-WAYS TO PROVIDE
CONNECTING ACCESS TO THE 8 ACRE PORTION OF THE PROPERTY,
AND APPROPRIATING FUNDS FOR THE FUTURE LONG TERM CARE
SITE FOR A PURCHASE PRICE OF $830,000.00
...
WHEREAS, the proposed acquisition is a crucial component necessary to move forward
with the construction phase for the future Long Term Care Facility (ilL TCF") in the City of Seward;
and
WHEREAS, in comparing alternative sites for the LTC, the Seward City Council has
weighed the issues of safety, suitability, timing, and price, where the total cost of property
acquisition, site preparation, on-site building and landscape design, road and utility design. and
installation of paved roads, water, sewer, and electric utility infrastructure; and
WHEREAS, time is of the essence in acquiring a site for the construction of the LTCF and
the City has located land owned by Carol Griswold and Frank Griswold ("Sellers") who have agreed
to sell to the City sufficient land for constructing the L TCF on the terms and conditions set forth in
the accompanying Purchase and Sale Agreement (" Agreement"); and
WHEREAS, considering all of the evaluation criteria including cost, the proposed eight
acres of property located directly west of the Seward Middle School ("Griswold property") is equal
or superior to all other sites in tenus of safety (seismic, soils, proximity to flooding, road access))
suitability (soils, sloping, views, access, neighboring properties), timing (6-9 months to construction)
and overall price; and
WHEREAS, the total estimated cost of preparing the Griswold property for construction is
$2,395,000, including the following: 1) property acquisition = $830,000; 2) design costs = $525,000;
3) site work = $400,000; and utility installation (paved roads, water, sewer, electric) = $620,000, and
this total package price is lower than any of the other site alternatives considered by the City; and
....
WHEREAS, the total cost of this property relative to all other properties considered by the
City results in a minimum cost savings of$300,OOO, in addition to being equal or superior in terms of
nearly all of the other evaluation criteria; and
l4
CITY OF SEWARD, ALASKA
RESOLUTION 2007-060
i
I
...
WHEREAS, the total aforementioned costs are within the original project cost estimates and
are expected to be repaid through the issuance ofrevenue bonds which were approved by the Seward
City Council by Resolution 2006-28 on March 13, 2006, as amended in Resolution 2007-50 on May
14,2007; and
WHEREAS, considering the nature of this project and factors of time, cost, and
development requisites, the land and right-of-ways described above and in the Agreement will best
meet the City's needs; and
WHEREAS, Seward City Code Section 7 .OS .120 permits the acquisition of real property by
negotiation; and
WHEREAS, the essential tenns and conditions contained in the form of purchase and sale
agreement (the "Purchase and Sale Agreement") have been available for public inspection for at least
(10) days in the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OF SEWARD, ALASKA that:
j
~
...
Section 1. The recitals are hereby incorporated by this reference as findings in support of this
resolution. The City Council further finds it is in the best interest of the City of Seward ("City") to
purchase, by negotiation, and develop private property including right-of -ways in an amount of
approximately 9.11 acres as substantially described in the accompanying Purchase and Sale
Agreement (the "Agreement") for the future site location of a Long Term Care Facility in the City,
subject to capital financing and other conditional terms contained in the Agreement attached hereto.
The City Council also finds that the essential terms and conditions in the Agreement and the method
of acquisition are in the public interest.
Section 2. The City Manager is hereby authorized to proceed with the acquisition ofland and
right-of-ways (together, the "Property") described. as comprising approximately 9.11 (+/-) acres of
the southwest comer ofunsubdivided remainder of D.S.S. 1864, as reflected in the V.S.S. 1864
KPB Replat, Plat No. 2004-03, inclusive of right-of-ways of approximately 1.11 (+/-) acres
extending south from the intersection of Oak Street and Hemlock Street and such additional right-of-
ways to provide connecting access to the 8 acre portion of the Property (all more specifically
described in the Agreement), with such Property to be surveyed and platted pursuant to the terms of
the Agreement, and to execute the Agreement for a purchase price of$830,OOO.OO in substantially
the fonn as presented at this meeting, and any other necessary legal documents to acquire fee simple
title to the Property together with certain right-of-ways and to take all such action necessary under
the Agreement to complete the purchase.
Section 3. The City hereby assumes Seller's road and utility development requirements as
J
.~
...
\5
CITY OF SEW ARDt ALASKA
RESOLUTION 2007-060
....
described in Seward City Code Title 16 for the City's purchase of the Property.
Section 4. Funds in the amount of $1 0,000.00 are hereby appropriated from the General
Fund fund balance account 101-0000-3050 to the Seward Long Term Care Facility Project Land
Account 670-6700-5910 as an earnest money payment to be made in accordance with the
Agreement, and additional funding in the amount ofS830.000.00 is hereby appropriated from capital
fmancing proceeds, provided revenue bonds are approved and issued by the Alaska Municipal Bond
Bank.
Section 5. This resolution shall take effect (30) days following passage and posting.
PASSED AND APPROVED by the City Council of the City of Seward. Alaska. this 25th day of
Jillle 2007.
THE CITY OF SEW ARDt ALASKA
7~~
Vaota Shafert Mayo
-
AYES:
NOES:
ABSENT:
ABSTAIN:
Dunham, Valdatta, Schafer, Bardarson, Thomas, Amberg, Shafer
None
None
None
ATTEST:
I) . f /)
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J Lewis
'lty Clerk, CMC
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20.24.010
KENAI PENINSULA BOROUGH CODE
CHAPTER 20.24. EXCEPTIONS
20.24.010. Exceptions to regulations-Procedure-Commission authority.
A. The commission may authorize exceptions to any of the requirements set forth in these
regulations. Application for any such exception shall present the commission with substantial
evidence, justifying the requested waiver" or exception stating fully the grounds for the
application and the facts relied upon. The commission shall find the following facts before
granting any exceptions:
1. That special circumstances ~r conditions affecting the property have been shown by
applicatio~;
2. That the exception is necessary for the preservation and enjoyment of a substantial
property right and is the most practical manner of complying with the intent of this
title;
3. That the granting of the exception will not be detrimental to the public welfare or
iQiurious to other property in the area in which said property is situated.
B. Where a design requirement of this title is addressed by a zoning regulation adopted by
the borough assembly, the variance procedures of the applicable zoning code, if any; shall be
utilized in lieu of the exception procedures.
C. An appeal.of a decision of the planning commission made under this section shall be filed
to the board of adjustment, in accordance with the requirements of KPB Chapter 21.20.
(Ord. No. 2005-30, ~ 1,8-2-05; Ord. No. 93-51, ~ 5, 1998; Ord. No. 78-87, ~ 2(part), 1979)
Supp. No. 28
20-40
LO
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2004-04
RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMIS-
SION, RECOMMENDING KENAI PENINSULA BOROUGH APPROV AL OF
THE U.S.S.1864 KPB REPLAT, TRACT A
WHEREAS, Cline and Associates. has submitted to the Seward Planning and Zoning
Commission a preliminary plat ofD.S.S. I 864,KPB RepIat, Tract A Subdivision; a resubdivision of
D.S.S. 1864 located within the SW y.. Section 34 Township 1 North, Range 1 Wes, which will
contain approximately 51.913 acres; and
WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory
capacity to the Kenai Peninsula Borough regarding subdivision plat proposals; and
WHEREAS, as required by Seward City Code Section 16.01.015 Conditions to plat
approval, property owners within 300 feet ofD.S.S. 1864, Tract A were notified of the proposed
platting action, and the property was posted with a public notice sign; and
WHEREAS, the approximately twelve (12) acres in the North is zoned Single Family
Residential (R 1) and approximately forty (40) acres in the South is zoned Institutional, the proposed
lot is in compliance with the minimum lot size, and width requirements ofthe Seward City Code Title
15 (Zoning Code); and
WHEREAS, this platting action will create a lot with split lot zoning, which is WlCOnnnon but
is not disallowed by City Code; and
WHEREAS, a subdivision installation agreement will not be required for this subdivision,
because the public improvements required by the Seward City Code Title 16 (Subdivision Code) are
already provided to the property.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission recommends Kenai Peninsula Borough approval of the D.S.S.
1864, KPB Replat, Tract A preliminary plat subject to the following conditions:
21
Seward Plamring and Zoning Commission
Resolution No. 2004-04
Page 2
1. A fifteen (15) foot utility easement shall be depicted on the West boundary of the
South portion of Tract A.
Section 2. TI1is resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3ni day of
February 2004..
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
~
Smith, Roach', Hohl, Larson, Daley, Keil
None
None
Griswold
,.., (,.,
f, ~ i/ ,
'-:.~j(llA ,"~<..A~
Jean Lewis i
. V " ,IIIU ''''/
CIty Clerk ..''''Of! SE'A II,,"
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(City Seal)
22
City of Seward, Alaska
February 3, 2004
Planning Commission Minutes
Volume 5, Page 416
small amount of the Alaska Sealife Center and the City of Seward. Castellina introduced Deb
Cooper, new Seward District Ranger for the Forest Service.
Citizens' comments on any subject except those items scheduled for pubUc hearing. - None
Approval of agenda and consent agenda
Motion (Griswold/Smith)
Approve the agenda.
Motion passed
Unanimous Consent
The Chair stated the December 2, 2003 and the January 6, 2004 Regular Meeting Minutes
were approved on the Consent Agenda
::xi Resolution 2004-04, recommending Kenai Peninsula Borough approval of the
.... r preliminary plat review of U.S.S. 1864 KPB Replat, Tract A
Commissioner Griswold declared a conflict of interest, as she was the owner of the property
planned for the school site. She declared she would have financial gain if the replat and the
Conditional Use Permit for the new Middle School project were approved. It was ruIed Griswold had
a conflict and she removed herself from the dais and left the room until the issue was completed.
Planner Malcolm Brown, displayed a map and oriented the Commission on the area of the
replat. He noted that the Kenai Peninsula Borough (KPB) had purchased the North twelve acres of
the proposed Tract A to build the proposed new Seward Middle School on. He stated that the
property currently had access to all public utilities and that a subdivision agreement was not required.
In response to questions from the Commission, Brown stated that there was currently no plan
to rezone the property. He noted that schools were allowed in the Single Family Zoning district by
Conditional Use Permit.
Notice of public hearing being posted and published as required by law was noted and the public
hearing was opened. No one requested to be heard and the public hearing was closed.
Motion (Larson/Roach')
Approve Resolution 2004-04
No further discussion was held, the Commission noted that the replat was a routine procedme
and appeared to be in order.
Motion Passed
Yes: Smith, Roach', Hohl, Larson, Daley,
Keil
No: None
Abstain: Griswold
2.~
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UNSUBDIVIDED REMAINDER
u.S.S. 1864
34.343 Acres
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Monument
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TRACT A
51.913 Acres
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.JESSE LEE HEIGHTS SU8D
PLAT APPItOVAL
Tlrl. plat war approved by Ih. Klnol Plnlnlu"i BOf'llUgh Planning
Commll.Io" at the ml.tlng 0(:
round 2 /2"
/1>'0"
JllMlIf'n t
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Borough Olllel..
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CERTIFICATE Of OWNERSt11P AND DEDICATION
We horeby certlly that .1 aro thl Ollnot. 01 tho ~ property
ohOlln and _bod hereon ond that .. h.nby adopl Ihl, pion
of lubd\vl.lon Qnd grant all IOlementa by our fre.. conlent.
FRANK GRISWOlD
519 KLIlNDIKE AVE.
IlOMER, "'LASKA 99803
CAROl GRISWOlD
P.O. BOX 1342
SEWARD, AlASKA 99664
21
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n.
ni-
WASTEWATER DfSPOSAL
Plan. 1..- wastewater cl1lJlo..I, thot meet _'atory
requlremont. are on fllo at the Department 01
En"ronmlntlll Conlervatlon.
~
1 This parcel II subject to Ihl City af sswanr. Land U..
ond Zoning ragulotlon..
2 Tho purpon 01 thl. Plot Is to ........ 12.000 Aen, fram
Frank and Carol Gtlswold', pares! (0lI dnerlbsd In Book
ee Pog, 482) and attach It tD Ih. par'" awned by tho
Klnol PlnlnllUlo Borough (a. dnalb.d In BaoIe 320
Pogo JQ).
3 No permanent ItNcture may bl conltructed or placed
within 0 utllly oa..monl 'Oh1eh llould 'Iltortero 11th tho
abUlly af 0 Utnlty 10 UOll the ooo.ment.
~
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Found Monument aa noted
Found Rebar AI AI. COp LS 3753
Found R.bar AI "'1. COp LS 5152
Found Rebar" PI. Cap LS 7569
Found 3" Iron Pip" C2 U.S.S. 931
Found Rebar
Sot 5/lId4" Rebar .. PlaoUc Cop
Stomped LS 7589
llLO Plat af USS tBll4, Appro...d 04/11I{30
WIIrronty Deed, Beal< 320. Pogo JIlII
Jno. l.. Helghte Subd, Plat 50
Jon. lei Helghtl Add No 2. Plat 83-32
OAlE L BAGLEY. MAYOR
KEN..., PENINSULA BOROUCII
144 NORTH BINKLE:Y
SOlDOlN.... Al...SKA 9911e9
NOTARY'S ACKNO'M..EDGEUENT
FOR
SUBSCRIBED "'ND SWORN TO BEFORE ME THIS
O"'Y OF . 20
NOTARY FOR ALASKA
MY COMMISSION EXPIRES
(R')
(R2)
(R3)
(R4)
(RS) Galolloy Subd Add No 2, Plat 115-9
(R6) Fort Raymond S<lbd Replot No 2, Plat 2oo2-1B
SURVEYOR'S CERTIFICATE
c..tll Ihol; I om prop,,")' rrgl.t...d ond IIclllud
10 prac co g In tho Stol. 0' Alaoko, thlo plot
CITY OF S~,.....t...o ..""'y mad. y mo ar undsr my dlnlct ..........1on.
r..tN' ,",,~u,lnt, lIhown h on ocwony olll,t 00 d.,crlbed, and
. and oth d.tall. or. correct to the no""oI
,tandord, 0 tie, 01 nd..".,.,.,... In the StOtl of AlaoIca.
V.5.S. 1864
KPB REPLA T
A RESUBDIIITSION OF U.s.S. 1864
LOeA TCD WITHIN TH~ SW 1/4 S~CnON 34
TOWNSHIP 1 NORTH, RANG~ 7 WEST
SEWARD M~RIDIAN. ALASKA
CITY OF SEWARD
S~WARD RECORDING DISTRICT
~,
JAN
NOTARy'S ACKNO\\t.EDGEUENT
FOR
SUBSCRIBED ANO SWORN TO BEFORE ME THIS
D"'Y OF , 20
NOTARY FOIl AlASKA
MY COMMISSION EXPIRES
NOT"'Ry'S ACKNOWlEDGEMENT
rOR
SUBSCRIBED AND SWORN TO BEFORE ME THIS
DAY OF , 20
NOTARY fOR AlASKA
MY COMlolISSlOH EXPIRES
1 3
DAm,~
I. ;)iYt
PLANNING OFFICE
L
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Vicinity Map
.+
25
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2007-16
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDING THE
LAND USE PLAN AND REZONING OF TRACT D, OF THE USS 1864,
SEWARD LONG TERM CARE FACILITY SUBDMSION
(pRELIMINARY PLAT) AND REZONING THE NORTH PORTION OF
TRACT AI, USS 1864, SEWARD LONG TERM CARE FACILITY
SUBDMSION (pRELIMINARY PLAT) FROM SINGLE FAMILY (Rl)
TO INSTITUTIONAL (INS)
WHEREAS, the City of Seward has requested a rezone and amendment of the Land Use
Plan for Tract D, of the USS 1864 Seward Long Term Care Facility (preliminary plat) from
Single Family Residential (Rl) to Institutional (INS), and
WHEREAS, the Kenai Peninsula Borough as owners of the adjoining Tract AI, USS
1864, Seward Long Term Care Facility Subdivision (Preliminary Plat) have requested to be
included in the proposed rezone; and
WHEREAS, the public notification process has been complied with.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission recommends the attached Ordinance 2007- be forwarded
to City Council for approval, recommending the amendments to the Seward Land Use Map and
Rezone of Tracts Al and D, Seward Long Term Care Facility (preliminary plat).
Section 2. This resolution shall take effect immediately upon its adoption.
2Lo
Seward Planning and Zoning
Resolution No. 2007~16
Page 2
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of
September 2007.
THE CITY OF SEWARD, ALASKA
Marianna Keil, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
2.7
Sponsored by: Plan nine: and Zonine: Commission
Introduction Date:
Public Hearing Date:
Enactment Date:
CITY OF SEWARD, ALASKA
ORDINANCE 2007-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND
REZONING OF TRACT D, OF THE USS 1864, SEWARD LONG
TERM CARE FACILITY SUBDIVISION (pRELIMINARY PLAT)
AND REZONING THE NORTH PORTION OF TRACT A-I, OF
THE USS 1864, SEWARD LONG TERM CARE FACILITY
SUBDIVISION (pRELIMINARY PLAT) FROM SINGLE FAMILY
(Rl) TO INSTITUTIONAL (INS)
WHEREAS, the City of Seward has requested a rezone of Tract D, USS 1864,
Seward Long Term Care Facility Subdivision (Preliminary Plat)); and
WHEREAS, the Kenai Peninsula Borough as owners of the adjoining Tract AI,
USS 1864, Seward Long Term Care Facility Subdivision (preliminary plat) have
requested the northern portion of Tract Al be included in the proposed rezone; and
WHEREAS, the single parcel, approximately 8 acres, known as Tract D, Seward
Long Term Care Facility Subdivision (preliminary Plat) is proposed to provide land for
the development of the community Long Term Care (LTC) facility and is currently zoned
Single Family Residential (Rl); and
WHEREAS, the northern portion, approximately 12.5 acres known as Tract AI,
Seward Long Term Care Facility Subdivision (preliminary Plat), contains the new
Seward Middle School and is currently zoned Single Family Residential (Rl) and the
Land Use Map recommends this same area become Institutional (INS); and
WHEREAS, the total area of the land being rezoned is approximately 20.5 acres;
and
WHEREAS, the properties to the South and East are currently zoned Institutional
(INS), and the properties to the West and North are currently zoned Single Family
Residential (Rl); and
28
City of Seward
Ordinance 2007-XX
Page 2
WHEREAS, providing land for the development of the community health care
needs is supported in both the Comprehensive and Strategic Plans and will be beneficial
for the community at large; and
WHEREAS, the official Zoning Map and Land Use Map as described in SCC
~15.01.030 will have to be amended from Single Family Residential (Rl) to Institutional
(INS) in response to this zoning and land use map change; and
WHEREAS, required by Title 15 of Seward City Code, public notice and public
hearing procedures for amending zoning and land use district designations, all property
owners within three hundred (300) feet and in addition all local property owners who use
the Forest Acres road network were notified of the proposed zoning and land use change,
and the property was posted with public notice signs; and
WHEREAS, at the September 4, 2007 meeting, the Planning and Zoning
Commission, held the public hearing and recommended City Council approval of the
proposed zoning amendment included in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA that:
Section 1. Changing the land use designation of Tract D, USS 1864, Seward
Long Term Care Facility (Preliminary Plat) from Single Family Residential (Rl) to
Institutional (INS) hereby amends the official Land Use Map of the City. (as displayed in
attached preliminary replat)
Section 2. Changing the zoning designation of Tract D, USS 1864 Seward Long
Term Care Facility Subdivision (preliminary Plat) and the northern approximate 12.5
acres of Tract AI, Seward Long Term Care Facility Subdivision (Preliminary Plat) from
Single Family Residential (Rl) to Institutional (INS) hereby amends the official Zoning
Map of the City. (as displayed in attached preliminary replat)
Section 3. This ordinance shall take effect ten (10) days following enactment.
2.9
City of Seward
Ordinance 2007-XX
Page 3
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
THIS DAY OF 2007.
THE CITY OF SEWARD, ALASKA
Vanta Shafer, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
'30
P&Z Agenda Statement
Meeting Date:
September 4, 2007
,. o~ Se"1(;;
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~~;
:'Il.A5,,"~
From:
Phillip Oates, City Manager ~et'V
Donna Glenz, Planning Assistant~
Through:
Agenda Item:
Resolution 2007-16, recommending City
Council approval of Ordinance 2007-_; Amending the
Land Use Plan and Rezoning of Tracts Al and D, Long
Term Care Facility Subdivision, (preliminary Plat) from
Single Family Residential (Rl) to Institutional (INS).
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the Seward City Council is
Resolution 2007-16 recommending City Council approval of Ordinance 2007-_, which will
amend the Land Use Plan and rezone Tract D, Seward Long Term Care Facility Subdivision
(preliminary plat); and rezone the northern 12.5 acres of Tract AI, Seward Long Term Care
Facility (preliminary plat) from Single Family Residential (Rl) to Institutional (INS) (see
attached maps).
The City of Seward is requesting the rezone of Tract D, Seward Long Term Care Facility
Subdivision (preliminary plat) in order to provide land suitable for the relocation of the
community's Long Term Care (LTC) facility. The parcel to be known as Tract D contains
approximately 8 acres of undeveloped land. Both the current Land Use Map and Zoning Map
show Tract D currently zoned Single Family Residential (Rl). Changing the current Zoning and
Land Use Maps to Institutional Zoning will allow the development and relocation of the
community LTC facility with a conditional use permit (CUP), as per Table 15.10.225, Land Uses
Allowed.
The new Seward Middle School is located on the northern portion Tract AI, Seward Long Term
Care Facility Subdivision (preliminary plat), this approximate 12.5 acre portion is currently
zoned Single Family Residential (Rl). The Land Use Map recommends the parcel be rezoned to
Institutional (INS). Staff has contacted the Kenai Peninsula Borough (KPB), the current owners
of Tract Al and requested the parcel be included in the current rezone action. The KPB supports
the request and has asked to be included in the rezone process.
The properties to the South and East are currently zoned Institutional (INS), and the properties to
the West and North are currently zoned Single Family Residential (Rl)
The Single Family Residential (RI) areas to the West and North are designed for smaller, low to
"0\
medium density lots with single-family homes. Institutional (INS) areas to the South and East
are large areas designed for public and private educational and health care uses.
The Seward City Code 15.05.025 defines the Institutional district (INS) Public and private
educational, administrative, government and health care uses, including public land reserve for
future public development. The development standards are intended to set a high standard to
assure that the activities provide visual amenity to the surrounding area.
The Seward City Code 15.05.025 defines the Single-family residential district (RI) Intended to
provide for stable and quiet low to medium density (one to five dwelling units per acre)
detached, single-family residential development, free from other uses except those which are
both compatible and convenient to residents of such a district.
Recognizing the primary concern of all land use regulatory actions including zoning, is to
promote public health, safety, and general welfare, as per SCC 15.01.010, administration
recommends this rezone for several reasons:
1. This rezone will provide more land for the health care needs of the community,
specifically for the proposed LTC facility. The intent for the LTC facility is to have a
campus like setting which will feature five buildings versus one large structure. The
campus setting promotes a "home" environment within a residential setting with
landscape buffers between the adjacent roads, versus the traditional medical
institutional setting.
2. While there are limitations involved with attempting to prioritize health care land use
needs over the land use needs for single family homes or any other activities, the
community has a very limited selection of land available for a health care facility,
whereas more options are available for land for single family homes.
3. The 2020 Comprehensive Plan and the 1999 Strategic Plan encourage improving the
health care capacity of the community.
The Seward City Council by Resolution 2007-60 directed the City Manager to proceed with
the acquisition of the parcel now proposed as Tract D, to provide land for the development of
the community's Long Term Care Facility.
As required by Seward City Code, the property owners within three hundred (300) feet of Tract
Al and Tract D, Seward Long Term Care Facility Subdivision (preliminary Plat), in addition all
local property owners who use the Forest Acres road network were notified of the proposed
rezone action in order to provide more opportunity for public involvement and the property was
posted with public notice signs.
At the time of this printing the Community Development Office has received several verbal
public inquires regarding the proposed rezone however none of the comments or inquires have
been opposed to the rezone of either parcel.
02..
CONSISTENCY CHECKLIST:
Yes
No
1. Comprehensive Plan (2020) -K.
The Comprehensive Plan states "Relocate the [LTC] facility and the hospital to a site which will
support expansion and modernization". (page 26).
2. Strategic Plan (1999) --X-
The Strategic Plan states "We are a community that provides an integrated array of health care
services designed to protect and improve the quality of life for all citizens". (page 19)
RECOMMENDATION:
Approve Resolution 2007-16, recommending City Council approval of the attached Ordinance
2007-_, Amending the Land Use Plan and Rezoning from Single Family Residential (Rl) to
Institutional (INS) the approximate 8 acre Tract D, Seward Long Term Care Facility Subdivision
(preliminary Plat) and the Rezoning of the northern 12.5 acre portion of Tract AI, Seward Long
Term Care Facility Subdivision (preliminary Plat) from Single Family Residential (Rl) to
Institutional (INS).
03
Current Zoning Map '"
o 225 450 Feet
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Sheet No.
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Checked by: D.Glenz
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MEMORANDUM
City of Seward
Community Development
Date:
September 04, 2007
Planning and Zoning CoIIlmission, J t,tA1
Donna Glenz, Planning Assistant ~r
To:
Through:
From:
Anne Bailey, Executive Liaison
Subject:
September 18, 2007 Work Session
The current work session is scheduled for 6:30 p.m. on September 18, 2007; however the
Commission does not have a topic selected for the work session. Possible Work Session
topics for discussion could include any items off the Priority List or emerging topics
Commissioners might be aware of. The Commission could cancel or reschedule the Work
Session to a later date.
The Commission should set a topic for their Work Session. If needed, the Commission is
allowed under Seward City Code 2.30.320 (a) to designate their own time and place for
Meetings and Work Sessions.
RECOMMENDATION:
The Planning and Zoning Commission discuss and set a topic for the work session
scheduled for September 18, 2007 or cancel the work session for September.
31
Sponsored by: Planning and Zoning Commission
CITY OF SEWARD, ALASKA
PLANNING AND WNING COMMISSION
RE.sO~UTIpN 2007-08
A RESOLUTION OF THE SEWARD PLANNING AND ZONINa
COMMISSION RECOMMENDING THE PLANNING COMMISSION
PRIORITIES FOR 2007
WHEREAS, the Seward City Council Rules of Proced~e, ~opted March 14, 1994, state
that the Council should meet in.an annual joint work session With'the Commission every March
to address areas of mutual concern; and
WHEREAS, the Commission ,and, Go~ci\, hel~.. a joint wQrk ~f)sio~ ,uP4a~ ~d
reviewed the Planning and Zoning 2006 Prioritit~s List 'on March 27, 2007; and' ,
WHEREAS, at the May 3, 2007 meetiD.g the Planning and Zomng COmmlssion
requested the Priorities List be reviewed and presented in priority order; and
WHEREAS, at the June 5, 2007 meeting the Planning and ~ning Cpmmissionreviewed
and approved the updated and revised List of Priorities for 2007; and '
WHEREAS, 'the Pla.nning Dep~ent have adequate staffing to "~c~mplish the
priorities listed below.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:, '
Section 1. The following revised and prioritized List of Priorities for 2007 is hereby
approved:
PRIORITIES
1) Proper Staffing of the Planning Department
2) Municipal Lands Management Plan (1995) - Update in conjunction with the Capital
Improvement Plan
3) City Land Disposal Policies and Procedures - Review and Update
4) Rewrite of Title 15 - Bring it up to date, clarify, eliminate inconsistencies
5) Planning Commission Rules of Procedure - Develop
6) Nash Road Bench Study
38
Seward Planning and Zoning Commission
Resolution 2007-08
Page 2 of2
7) Enforcement - inclusive of the followmg but not exclusive of other enforcement
issues Code Violations aiid COP's (AdequateSiaffmg)
8) ADnual Community V a,Iues Me~ting
9) Flood Management
10) Two Lakes Park Replat
.
11 ) Waterfront Park Replat
FOLLOW PROGESS MADE BY OTHER ENTITIES
AARC Master Plan
Airport Master Plan
Parks and Recreation Master Plan (1993)
Section 2. This resolutio!1 shall take effect immediately upon its adoption:
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of
June, 2007.
THE CITY OF SEWARD, ALASKA
~4'
~ t5ht ~ >=;~-
Tom Smith, Vice Chair ..
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Clark, Hicks, Roach', Smith
None
Hohl, Keil
None
ATTEST:
~~~U""'.'~
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39
City of Seward, Alaska
August 7,2007
Planning Commission Minutes
Volume 6, Page 150
Call to order
The August 7, 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 Clark led the Pledge of Allegiance to the flag.
Roll Call
There were present:
Marianna Keil presiding, and
Kevin Clark Bob Hicks
Sandie Roach' Margaret Anderson
Tom Smith
comprising a quorum of the Commission; and
Donna Glenz, Planning Assistant
Anne Bailey, Executive Liaison
Absent:
City Administration Report
Planning Assistant reported on the following items:
. Steven's and Murkowski's mobile office would be in Seward at the Post Office
tomorrow from 9 a.m. to 6 p.m. to answer public questions and concerns.
. Representative Seaton's office would be at the LIO office tomorrow from 2 p.m. to 6
p.m.
. The appeal for the Board of Adjustments scheduled for August 16, 2007 had been
withdrawn by Mr. Pruitt.
. Council Work Session on the Generator Replacement and City and Electric Shop
Relocations had been rescheduled to August 13th before the Council Meeting.
. City Budget Work Session was scheduled for September 10, 2007 and Kris Erchinger
would present the budget to the Commission on September 4,2007.
. The Wildlife Conservation Community Program, which sponsored the Bear Safe
Community Program, invited the Commission and public to celebrate the Bear Safe
Community on August 14, 2007 from 5:30- 6:30 at Legend's before the P & Z
special meeting at 7:00 p.m.
. The Wildlife Conservation Program would begin their bear resistant garbage can sale
YO
City afSeward, Alaska
August 7,2007
Planning Commission Minutes
Volume 6, Page 151
tomorrow at Active Alaskan Physical Therapy from 5-8. In response to Keil, Glenz
stated that she had been working with Matt Gray and she could provide the
Commission with his contact information.
. Council approved Resolution 2007-075 on July 23,2007; which accepted the Oak
Street extension as the official main access point to the Long Term Care Facility
property .
. On the August 13, 2007 Council Agenda there were two resolutions for public
hearing regarding a request from a group oflocal moms wanting to build a park for
children 0-12 years of age. These resolutions would appropriate funds of$5,000 and
select a site for the playground.
. Commissioner Hicks volunteered his time and his knowledge to help rewrite the City
Code. He would start with Title 15 and continue with the remainder of the Code.
Both Administration and Staff thanked him for his offer and looked forward to
working with him this winter.
. Applications for City Council positions were available at the Clerk's office and must
be turned in by August 15, 2007 at 5 p.m.
. No applications had been picked up for the vacant seat in the P & Z Commission.
In response to Keil, Glenz stated that the Playground Resolutions had been pulled from
the Council agenda at the request of having a public hearing and would be brought forward to
Council on August 13,2007.
Keil asked about the liability for citizens to build things in the City. She wondered what the
difference was between building these playgrounds and other things. She stated that she thought
building the playgrounds was a great idea but the issue ofliability always arose. Keil requested staff
address this issue.
Roach' asked for clarification on the bear garbage can size and how it would affect the
garbage pick up rates.
Glenz responded that the garbage pick up service would not change and Alaska Waste
Management retrofitted there trucks to accommodate the bear safe cans inside and outside city limits.
Other Reports, Announcements and Presentations-
KPB Planning Commission Report - Tom Smith.
Smith responded that they had one meeting since his last written report and the next meeting
will be held August 13,2007.
City Code Report- Bob Hicks
~\
City of Seward, Alaska
August 7, 2007
Planning Commission Minutes
Volume 6, Page 152
Hicks noted that at the last work session the Commission decided that he and the Chair
would meet with the City Manager to discuss Hicks redrafting Title 15. He stated that he had met
with the City Manager who was enthusiastic and asked Hicks to help with other parts of the Code.
Hicks stated that he would help with other portions of the Code after Title 15 was completed. Hicks
discussed meeting with Jean Lewis and the Code information she had compiled and his meeting with
the City Staff. He referred to the diagramic analysis spreadsheet he created and stated that his next
phase would be interviewing Glenz, the current Commissioners, retired P & Z Commissioners and
others. He commented that he would like to have a draft to and a work session with the Commission
by mid-September. He requested that the Commissioners think of issues they had with the Code and
clarified that he would not make any policy changes unless they were directed from somebody else.
Clark suggested that Hicks may consider interviewing some of the general contractors and
developers.
Keil thanked Hicks for putting his effort into this since it had been something they wanted to
accomplish for awhile.
Hicks stated that he felt that this was something he could do and the City really needed it.
Liaison from Seward Bear Creek Flood Service Area Board- None
Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing- None
Approval of Agenda and Consent Agenda -
Motion (Hicks/Smith)
Approve the Agenda and the Consent Agenda
Motion Passed
Unanimous Consent
The following items were approved under the Consent Agenda:
March 20, 2007 Special Meeting Minutes; AprilS, 2007 Regular Meeting Minutes; May 3,
2007 Regular Meeting Minutes; May 15, 2007 Special Meeting Minutes; June 5, 2007
Regular Meeting Minutes and June 19, 2007 Special Meeting Minutes
Unfinished Business Items requiring a Public Hearing- None
New Business Items requiring a Public Hearing
Resolution 2007-14 granting a Conditional Use Permit to Spring Creek Correctional Center
(SCCC) to construct and operate an additional20-bed minimum security housing unit on the
current SCCC maximum security prison site, within the Institutional Zoning District
Glenz gave an overview of the prisons history. She stated that the prison now required a
Conditional Use Permit for any additions or changes to the Correctional facility. She explained that
y2
City of Seward, Alaska
August 7,2007
Planning Commission Minutes
Volume 6, Page 153
the facility was zoned institutional and where the proposed building would be located. Glenz stated
that in Resolution 2007-14 staff noted that all of the findings required by the Seward City Code had
been met and supported the approval of the Conditional Use Permit. Glenz mentioned that that staff
had received one public letter, which was presented as a lay down, requesting that the Commission
address two questions. Glenz answered the first question stating that the 20-bed minimum security
housing unit was a permanent structure because temporary structures were not permitted inside city
limits for more than a limited number of days. She said that the second question would be addressed
by the Spring Creek Correctional Center Administrative Manager Jolund Luther. Glenz stated that
staff recommended approval of Resolution 2007-14 granting a Conditional Use Permit to the Spring
Creek Correctional Facility.
In response to Clark, Glenz stated that this was a minimum security housing unit for
prisoners not guards.
Roach' referred to page four and six of the packet. She stated that she did not understand
Section F 1 where it said "Modifications to the site plan dated June 7, 2007 which was approved by
the Commission as a supporting document." She stated that she could not find anything that the
Commission did on June 7, 2007.
Glenz responded that the plan was dated June 7, 2007 because the Commission had requested
that this statement be placed into every Conditional Use Permit. She continued that the site plan in
the packet on page 11 was dated June 7, 2007, so, if there was a modification dated June 7, 2007 the
Spring Creek Correctional Center would have to come back before the Commission. She reiterated
that these statements were requested by Commission to be on every Conditional Use Permit.
In response to Hicks, Glenz said the lease was handled by the Harbor.
In response to Keil, Glenz confirmed that there was not a prior Conditional Use Permit
because it was not controlled at the time.
Keil commented that she requested the flood maps be brought over for the Commissions
reVIew.
The Commission suspended the rules to allow Jolund Luther to speak.
In response to Keil, Spring Creek Correctional Administrative Manager Jolund Luther
responded that there had been flooding in the past in the main area of the housing units. He referred
to the map and stated that work had been done on the storm drains and they did not have flooding
problems anymore. He noted that the flooding was due to snow, icing and rain but was not due to
rivers. He continued that this proposed minimum facility was located higher than the other buildings
and he did not expect any flooding.
In response to Keil, Luther said that the plan was to add a 20 prisoner housing unit. He
stressed that this was not for guards but was strictly for prisoners classified as minimum custody. He
stated that these prisoners work outside of the facilities fence, the current living conditions for these
~o
City of Seward, Alaska
August 7, 2007
Planning Commission Minutes
Volume 6, Page 154
inmates were small and cramped and the new commissioner asked if the facility could create a 20-
bed unit to accommodate these prisoners. In further response to Keil, Luther answered that he had a
copy of Senate Bill 65, which was the current expansion for the Department of Corrections. He
continued that in the plan it referred to the Spring Creek Facility in Seward doing a 144 man
expansion but he could not expand on this issue. He clarified that the 20-bed minimum housing unit
would not be the only expansion.
In response to Smith, Luther stated that the minimum security housing unit would be fenced
in even though it was not required by the custody level of prisoners that would be placed there.
Commission discussed various levels of incarceration and how this would be handled.
Luther responded to the Commissions questions. He stated that this was not an additional
facility but was for the minimum security prisoners already housed in the prison. Luther discussed
the types of surveillance and security that would be utilized in the new housing facility.
Roach' expanded on the security part and stated that one concern of the guards were the
clothing the prisoners wore, which led them to concerns in regard to the Mud Bog. She asked Luther
if there was anything that could be done to distinguish between the prisoners and the general
population.
Luther stated that he would talk with the appropriate staff at the facility about this and he
explained why the prisoners were allowed to wear jeans and coveralls.
Roach' suggested that the prisoners wear reflective vests or something standardized to
distinguish them from the general public.
Keil stated that she attended the Mud Bog Race and the attendees were not focused on the
prison but were intent on the race.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Luther told the Commission that the Spring Creek Correctional Center had worked on this
new facility for many years to facilitate how they do business, manage their prisoners and prepare
them for leaving the institution. He stated that this 20-bed housing unit would be an additional
method to provide a transitional period for the prisoners. He noted that these types of prisoners
learned that if they do something good they get something good in return and it would provide a
means for prisoners to help with the upkeep of the facility. He stated that the facility was more than
happy to address the Commissions concerns and the Commission would hopefully act in favor of the
resolution.
No one else requested to be heard and the public hearing was closed.
Motion (Hicks/Clark)
Approve Resolution 2007-14
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City of Seward, Alaska
August 7, 2007
Planning Commission Minutes
Volume 6, Page 155
Smith commented that the way the Resolution was portrayed was misleading. He stated that
he was under the impression that this was a minimum security prison for minimum security people
and now that it was explained he understood that it was a taking into consideration the level of
security inside the prison.
The Commission discussed the fencing requirement.
Glenz referred to the packet and application and stated that there was a blow-up of the
fencing section and it was a part of what the Commission would be approving.
The Commission suspended the rules to allow Jolund Luther to speak.
In response to Roach', Luther stated that originally there were three building location
alternatives and Alt #1 was the location the City and the facility decided to place the building.
Motion Passed
Unanimous
Unfinished Business - None
New Business-
Approve Planning and Zoning Commission suggested changes and comments to the SMIC
Development Plan and forwarding the plan back to P ACAB
Glenz stated that the Commission held a work session on June 19,2007 to review and make
recommendations to P ACAB regarding the Seward Marine Industrial Center Development Plan. She
continued that P & Z had suggested one change to the plan and noted support for the examination of
set backs and temporary structures in the SMIC area and asked that Port & Security aspects be
considered. She stated that staff recommended the Commission approve by motion that the SMIC
Development plan be forwarded back to P ACAB with these comments or others as the Commission
deem necessary.
Motion (Clark/Smith)
Move to forward the Seward Marine Industrial
Center Development Plan back to the Port and
Commerce Advisory Board with the incorporated
Planning and Zoning Commission comments
Keil stated that she believed these changes were discussed at the work session and asked if
anyone wanted to add anything else. She believed that these were good suggestions and hoped
P ACAB would accept them.
Clark requested that the Executive Liaison relay to P ACAB that he thought they did a good
job consolidating the plan and making it a good document.
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City of Seward, Alaska
August 7, 2007
Planning Commission Minutes
Volume 6, Page 156
Motion Passed
Unanimous
Select a Work Session Topic for August 21, 2007
Keil stated that she would be gone from August 8-23, 2007 and would not be able to attend
the special meeting or the work session. She asked if the Commission had a topic they would like to
discuss at the August 21,2007 Work Session or ifit should be cancelled.
Anderson stated that she thought the Commission should cancel the work session.
Hicks commented that he would interview one or two of the Commissioners about Title 15 in
place of the work session.
In response to Keil, Glenz stated that if Hicks met with one Commissioner at a time a notice
would not have to be posted.
Hicks confirmed what his role would be in the interviewing process.
Glenz stated that once Commissioner Hicks was ready to present his findings a work session
would be publicly announced.
Keil clarified Hicks' roles and that the Commissioners would not make any decisions while
being interviewed.
By general consensus the August 21, 2007 work session was cancelled.
Informational Items and Reports (No action required) -
Notice of Public Hearing for the August 14,2007 Special Meeting
Approved Resolution 2007-08, P & Z Priorities List
Commission Comments -
Anderson stated that she wanted to give them a report on the meeting with Mr. Bockhurst but
was not prepared. She thanked Hicks for his generosity in helping with Title 15.
Roach' thanked Hicks for his service and thanked the audience for coming.
Smith requested that the Commissioners review the Code before their interview with Hicks,
so, they were not wasting Hicks' time.
Hicks stated that he was looking forward to working on the Code and that once the project
began it should be completed in a timely manner.
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City o/Seward, Alaska
August 7, 2007
Planning Commission Minutes
Volume 6, Page 157
Clark thanked Hicks for his efforts and thanked Luther for attending. He noted that for years
the Commission had wanted to accomplish things over at the prison and now it is happening quickly.
He suggested that signs be placed along the road saying please do not pick up hitch hikers.
Keil thanked staff for their hard work.
Citizens' Comments-
Luther thanked the Commission for passing the Resolution and that he would like to show
that the community and the prison can work on getting expansions.
In response to Clark, Luther explained that housing for guards was an issue because it had an
effect on guards transferring out or leaving. He explained that reasons this was an issue was due to
the lack of year long jobs for spouses and the lack of affordable housing. He stated that was why the
prison looked into guard housing and the prison was not planning on building guard housing.
Commissions and Administration Response to Citizens' Comments - None
Adjournment
Meeting adjourned at 8:39 p.m.
Anne Bailey
Executive Liaison
(City Seal)
Marianna Keil
Chair
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