HomeMy WebLinkAbout08192008 Planning & Zoning PacketSeward Planning Commission
Agenda Packet
August 19, 2008
Special Meeting
city Council Chambers Beginning at 6:30 pm
^
Seward Planning d~ Zoning ~'ommission
ial 1Vl~eeti
Marianna Keil
Chair
Term Expires 02/10
' Sue McClure
Commissioner
Term Expires 02110
Margaret Anderson
Vice Chair
Term Expires 02/09
Vacant
Commissioner
Term Expires D2/09
Steven Heinrich
Commissioner
Term Expires 02/11
Sandie Roach'
Commissioner
Term Expires 02/10
Vacant
Commissioner
Term Expires 02/11
Phillip Oates
City Manager
Bob Hicks
Community Development
Director
Anne Bailey
Executive Liaison
1. Call 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. Other Reports, Announcements & Presentations
5. Citizens' Comments on any subject ezcept those items
scheduled for public hearing. [Those who have signed in
will be given the first opportunity to spear 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.J
Planning & Zoning Commission
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Special Meeting Agenda
D,.,.,, 7
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7. Public Hearings Limit comments to S minutes. Those who have signed in wall he given
the frrst opportunity to speak)
A. Unfinished Business Items requiring a Fublic Hearing -None
B. New Business Items requiring a Public Hearing-
1. Resolution 2008-13 of the Seward Planning and Zoning Commission of
the City of Seward, Alaska, Granting a Conditional Use Permit to Lucky
Trading USA, Inc. to Develop and Operate a Scrap Metals Staging Area
Located on Alaska Railroad Lease Site Contract Number 9243, Within the
Industrial Zoning District ................................................................... Page 3
8. Unfinished Business --None
9. New Business -
A. Resolution 2008-14 of the Seward Planning and Zoning Commission of the City
of Seward, Alaska, Granting a Second Six Month Extension to Conditional Use
Permit No. 200'-04, Issued to Spring Creek Correctional Center (SCCC) to
Construct and Operate an Additional 20-Bed Minimum Security Housing Unit on
the Current SCCC Maximum Security Prison Site, Within the Institutional Zoning
District .......................................................................................................... Page 17
B. Set a Work Session to Discuss Planning and Zoning Rules of Procedure and Title
15 .................................................................................................................. page Z7
* C. June 1, 2008 Regular Meeting Minutes ....................................................... Page 28
10. Informational Items and Reports (No action required)- None
11. Commission Comments
1Z. Citizens' Comments Limit to S minutes per individual -Each individual has one
opportunity to speak)
13. Commissions and Administration Response to Citizens' Comments
14. Adjournment
Planning & Zoning Commission
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Special Meeting Agenda
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Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2008-13
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
CONDITIONAL USE PERMIT TO LUCKY TRADING USA, INC. TO
DEVELOP AND OPERATE A SCRAP METALS STAGING AREA
LOCATED ON ALASKA RAILROAD LEASE SITE CONTRACT
NUMBER 9243, WITHIN THE INDUSTRIAL ZONING DISTRICT
WHEREAS, Lucky Trading USA, Inc. has requested a Conditional Use Permit (CUP)
for the development and operation of a Scrap Metals Staging Area located on Alaska Railroad
contract lease site 9243 within the Industrial Zoning District (I); and
WHEREAS, in accordance with SCC § 15.10.320 (D), the Planning and Zoning
Commission has reviewed the applicant's request for a CUP to develop and operate a Scrap
Metals Staging Area; and
WHEREAS, according to the Land Uses Allowed Table (15.10.225), Scrap Metal Yards
are permitted within the Industrial Zoning District (I) by Conditional Use Permit (CUP); and
WHEREAS, the lease property is located on the Alaska Railroad Terminal Reserve,
surrounded by vacant industrial zoned land and other industrial uses; and.
WHEREAS, the Seward Comprehensive Plan supports the attraction of new business
and industry to the greater Seward area, the enhancement of international trade and tourism, and
the increase of recycling efforts to reduce litter and impact on landfill; and
WHEREAS, adequate public services are available to the property; and
WHEREAS, there is no evidence Lucky Trading USA "Scrap Metals Staging Area" will
cause any additional concerns to public safety, health or welfare; and
WHEREAS, having complied with the public notification process; on August 19, 2008,
the Seward Planning and Zoning Commission held the required public hearing on the
Conditional Use Permit application.
NOW, THEREFORE, BE IT RESOLVED, that the Seward Planning and Zoning
Commission, based on the above findings, approves the CUP subject to the following conditions:
1. The applicant shall meet all requirements of the Lucky Trading USA, Inc. Storm
Water Pollution Prevention Plan.
3
Seward Planning and Zoning Commission
Resolution No. 200$-13
Page2of3
2. The applicant shall observe and comply with ail Laws, ordinances, rules and
regulations which are now in effect or may later be adopted by any governmental
authority.
3. The Planning and Zoning Commission may modify this conditional use permit if
changed uses no longer conform to the standards and legal requirements justifying
its present approval, or if the permittee applies for a modification to meet a
different development plan that conforms to the standards and legal requirements
for approval of a conditional use permit.
4. Any proposed modification plan shall be subject to the public notice and public
hearing requirements of law, which shall occur only after payment of the filing
fee established by resolution of the city council.
BE IT FURTHER RESOLVED by the Seward Planning and Zoning Commission that the
proposed use, subject to the above conditions satisfies the criteria for granting a Conditional Use
Permit provided the conditions listed above are met by the applicant, and authorizes the
administration to issue a Conditional Use Permit to Lucky Trading USA to develop and operate a
Scrap Metals Staging Area on Alaska Railroad lease contract site 9243, within the Industrial
Zoning District.
BE IT FURTHER RESOLVED that the Planning and Zoning Commission finds that adherence
to the conditions of this permit is paramount in maintaining the intent of Seward City Code
Section 15.10.320, Conditional use permits, and the administration shall periodically confirm the
use conforms to the standards of its approval.
BE IT FURTHER RESOLVED that this resolution shall take effect 10 days following its
adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 19~' day of
August 2008.
THE CITY OF SEWARD
Marianna Keil, Chair
4
Seward Planning and Zoning Commission
Resolution No. 2008-13
Page 3 of 3
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Jean Lewis, CIVIC
City Clerk
(City Seal)
P&Z Agenda Statement
Meeting Date: August 19, 2008
Through: Bob Hicks, Community Development Dixe or
~~~
From: Donna Glenz, Associate Planner ~\
Agenda Item: Request for CUP by Lucky Trading USA, Inc. to
develop and operate a Scrap Metals Staging Area.
BACKGROUND & JUSTIFICATION:
Lucky Trading USA, Inc has applied for a Conditional Use Permit (CUP) to develop and operate a
Scrap Metals Staging Area on an approximate 1.5 acre leased parcel located south of Port Avenue on
the Alaska Railroad Terminal Reserve. The property is owned by the Alaska Railroad (ARRC} and
leased to Lucky Trading USA, Inc. under ARRC lease contract 9243, within the Industrial Zoning
District (I).
The conditional use permit procedure is intended to allow flexibility in the consideration of the
impact of the proposed use on surrounding property, and the application of controls and safeguards
to assure that the proposed use will be compatible with the surroundings. Prior to granting a use
permit, it shall be established that the use satisfies the following conditions which are addressed in
Resolution 2008-13.
1. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the
purposes of the zoning district.
Finding: This condition has been established or shall be through the conditions.
The property is zoned Industrial (I). Based on Table 15.10.225 Land Uses Allowed of the Seward
City Code, "Salvage, scrap-yard" is allowed within the Industrial Zoning District by Conditional Use
Permit. The use of the 1.5 acre area for a Scrap Metals Staging Area is consistent with the other uses
in the Industrial Zoning District.
The Industrial district (I) is defined within the SCC as: Established as a district in which the
principal use of land is for business, manufacturing, processing, fabricating, repair, assembly,
storage, wholesaling and distributing operations, which may create some nuisance and which are
not properly associated nor compatible with residential land uses. It is intended to provide
environmental safeguards for people employed in or visiting the district. Some visual amenity is
expected in this district to make it compatible with adjoining residential or business districts.
2. The value of adjoining property will not be signifuantly impaired
6
Finding: This condition has been established or shall be through the conditions.
This lease property is located on the Alaska Railroad Terminal Reserve, surrounded by vacant
industrial zoned land and other industrial uses. Located to the east is the Resurrection Bay Lagoon,
to the south are other industrial lease sites and Resurrection Bay, to the west, and north are other
Alaska Railroad Industrial Lease contract sites and other industrial zoned uses. There is no indication
that the proposed "Scrap Metals Staging Area" would significantly impair the value of adjoining
property.
3. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This condition has been met.
The proposal is in harmony with the Seward 2020 Comprehensive Plan and Strategic Plan { 1999} in
that both plans encourage economic development and growth.
Seward 2020 Comprehensive Plan
3. i . l {Vol. 1, gage 18) Attract new business and industry to the greater Seward area.
3.1.1.3 (Vol. 1, page 18} Enhance Seward's international role in trade and tourism.
3.9.2.1 (Vol. 1, bullet 3 & 6, page 30} Increase recycling efforts to reduce litter anal impact on
landfill. Support and encourage Solid Waste Management " 3R's Reduce, Reuse, Recycle."
Strategic Plan {1999}
The Strategic Plan. encourages development that promotes economic diversity, encourages growth of
yeax-round businesses, and desires environmentally-responsible industry. Pursue the community's
vision through rigorous implementation of the Comprehensive and Land Use Plans. "Promote in-fill
development by encouraging and promoting construction on vacant sites in already established areas
of the City."{page 10)
4. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been met.
Power is available to the property; however the applicant has stated the office area for the Scrap
Metals Staging Area will be located within the Alaska Railroad Passenger Terminal. All sanitary
facilities are provided within the terminal. Adequate fire, police and solid waste disposal services
are available to the property.
5. The proposed use will not be harmful to the public sa, fety, health or welfare.
Finding: This condition has been established or shall be through the conditions.
There is no evidence Lucky Trading USA "Scrap Metals Staging Area" will cause any additional
concerns to public safety, health or welfare.
7
6. 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.
Finding: Based on the above findings the Seward Planning and Zoning Commission,
concludes the approval of the CUP' shall be subject to the following conditions:
1. The applicant shall meet all requirements of the Lucky Trading USA, Inc. Storm
Water Pollution Prevention Plan,
2. The applicant shall observe and comply with all laws, ordinances, rules and
regulations which are now in effect or may later be adopted by any governmental
authority.
3. The Planning and Zoning Commission may modify this conditional use permit if
changed uses no longer conform to the standards and legal requirements justifying its
present approval, or if the penmittee applies for a modification to meet a different
development plan that conforms to the standards and legal requirements for approval
of a conditional use permit.
4. Any proposed modification plan shall be subject to the public notice and public
hearing requirements of law, which shall occur only after payment of the filing fee
established by resolution of the city council.
Property owners within three hundred (300) feet of ARRC lease site 9243 were notified of this
proposed. conditional use permit action. Public notice signs were posted on the property, and all
other public hearing requirements of Seward City Code § 15.01.040 were complied with.
At this time ofpublication of this report, staffhas received one public comment. A verbal inquiry of
the project location was received and addressed. The inquiry voiced no concerns once the location
was confirmed. Any comments are received after this publication will be presented to the
Commission at the August 19, 2008 meeting.
RECOMMENDATION: The Community Development Department staffrecommends approval of
Resolution 2008-19 granting a Conditional Use Permit to Lucky Trading USA, Inc. located on
ARRC Lease site 9243, within the Industrial Zoning District. The Resolution includes the conditions
recommended above.
8
~~~.~
CITY OF SEWARD
COMMUNITY 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 mJSt be
accompanied by the 5250.00 filing fee; and if property .is already developed, an as-built
survey prepared by a surveyor registered in the State of Alaska; or scaled site and elevation
plans for undeveloped land.
APPLICANT INFORMATION
Applicant: ~-`~ ~ rG-~ w~.~ ~ ~ ~, ~. ,
.~
Address: ~~-~ ~ Y'`I ~,~~ ~r ~ ~ n fl v ~ r ;,x~ `3'~ ~ pr~c~r~S5L QA`s ~ , -~'~ ~ l1
7~' ~Y''~'~ ~ `~- Telephone"No.: Ta~ J b ~ ~ ~~
Property Owner (if other than applicant): _ ~ IA c~c~+ _ ~ ~~~- P''i'~b ~~~~~'``~ t~~
Address: ~b ~ ~ 0"7 ~`~ ~r~r~.Nc.- ~~~~ Telephone No.: 5 ~ Z~~ Z-t~t7 ~ YY/ - ~~/
~~~~
PROPERTY DESCRIPTION
Address: ~~~- ~`
Lot Slack Subdivision
Land !!se °ic n Desig; ration:
DEVELOPMENT PROPOSAL INFORMATION
Zoning Designation:
~v n ~--
' ~ y~t4 /~~r,~ ~ n.
6. What is the existing use •f the'ro'erty? ~ `#'h-~ ~
l'i'e ~;"}e~ ~ C`"~.-~T~_ f~rr°~ : ~, ~ ~i%`~"
C. What is the proposed use of the property s~~-~'~°+~~ ~'
Wu/ ~w Z.,,.ov
D. What is your development time schedule? ~ ~r-~"~ ~`
A What structures are located on the property?
CUP PERMIT 11/99
~`~~~!' ~~~~ Lot Size: ` ~ ~~ (acres/SF)
. Tax Parcel No. _-
1 0# 3
-~
9
h.
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E. Prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit
(CUP), it shall be established that the use satisfies the following conditions (SCC §
15.10.320)
The applicant hereby alleges that:
1. The use is consistent with the purpose of the Seward Zoning Code and the purposes
of the zoning district:
2. The.~~alue of the adjoining property will not be significantly impaired:
6 Y
!~ ~ of r~ - Mfr Wit t~-t GY't~. ~ b~~~ + J-v ~ ~ -.M- ~~1 r ~ Clr"~
3. The proposed use is in harmony with the Seward Comprehensive Plan:
~..r.~-4rn ~'c~ a~. ~'Y +r-c. ~~~s n ~
4. Public services and facilities are adequate to serve the proposed use:
.~ /~ ~~~~1 ~ ~-,.~-~-~~~ `~f its t~ 5~~~,s o~p ~sa~~, l-e~,~ ~~•.~;~
~4- ~` / 1'~ (~3 ~ c~t,~ ~QJ"M• F i+-c:.'T L ! ~'t.,..dl~,~ , . , ~ ! ' ~-nnr t `~ 4 ~L/ .iL, T,~s,r 4 ~u.
5. The proposed use will not be harmful to the public safety, health or wel#arz:
1/ ~
n ~ N /I PJ"' ~ ~ /~ C-~ n t C~ .'.t,. iNv t~,,p,,Pj a G{ ~, (c. .fo G~'iJ f-fl~.,~ ~,a.~ s
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.
CUP PERM,T 11/99
2 of 3
10
h
F. Include bui{ding elevation plans and a site plan, drawn to scale. ~ The site plan should
include: a) property dimensions; b) location and dimensions of existing and planned
buildings; c) parking configuration; d) driveways/access; e} natural features; and f}
other pertinent information. ~,~~ ~~~ ~~, ~~~~
hereby certify that the above statements and other information submitted are true and
accurate to the best of my knowledge, and that 1, as applicant, have the following legal
interest in the property:
l: ) Owner of record;
(°~ Lessee;
~ ( } - Contract Purchaser;
"~~` { ) Authorized to act for a person who has the following legal interest:
1 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: - ~ ~ ~.~-
Property Owner`s Signature
Enclosed: Fee: $250 { )
Site Plan ( )
Elevation Plans ( )
Location Map ( }
-~ Other ( }
-s
CUP PERMtT 11199
_G
3 of 3
11
Lucky Trading Seward Site MSGP Stormwater Pollution Prevention Plan July 2, 2008
3 Site Description
3.1 Facility Information
Lucky Trading USA Seward Staging Site
Address 913 Port Avenue, Seward, AK 99664
Phone & Fax Office: (907) 250-2293 Fax: (907) 569-8089
SIC Codes 5093
MSGP
Sector N-Scrap Metal Recycling Facility
Latitude W 149° 25.652'
Longitude N 60° 07.815'
3.2 Narrative Site Description
The LTU Seward Staging Site is approximately 1.5 acres and is set in the ARRC Terminal Reserve
which is comprised of approximately 315 acres. The ARRC Terminal Reserve extends from the
north shore of Resurrection Bay north towards the Seward Highway and is approximately
mile wide and 1 mile in length. The LTU Seward Staging Site is located south of Port Avenue,
north of the ARRC Passenger and Freight Docks. Figure 3-1, provides an overview of the
location of the Lucky Trading Seward Site within the ARRC Reserve Terminal. There are at (east
two MSGP SWPPPs operating in the vicinity in the ARRC Reserve Terminal; the Coal Transfer
Facility and the Seward Terminal Facility. See Figure 3-1 for their approximate locations.
The LTU Seward Staging Site serves primarily as a scrap metal staging site. The site receives
clean scrap metal via private trucking companies. LTU staff inspects the quality of the scrap
metal and verifies the absence of co-mingled pof (utants prior to acceptance. if the scrap metal
meets LTU criteria and ARRC lease permit conditions, LTU staff directs Samson Barge and Tug
(SBT) to unload the scrap metal via forklifts and cranes at the site where it is temporarily
stockpiled. After a shipment load is accumulated SBT loads the scrap metal by forklifts and
cranes to a freighter located at the ARRC Freight Dock. From the dock, the steel products are
shipped to international markets to be recycled. The sites operations wi(I commence in mid-
luly, 2008 and initially be lightly staffed. The scrap metal staging operation is planned to occur
for several years in the immediate future.
The SWPPP planning area boundaries are presented on Figure 3-2. The SWPPP Planning area
consists of approximately 1.53 acres of the 315 acre ARRC Seward Terminal Reserve and
includes the following activities:
review of quality of scrap metal; and
~ unloading and loading of scrap metal.
Restoration Science and Engineering Page 6
12
13
14
Lucky Trading Scrap Metal Staging Area
Looking South (1) and North (2)
Lucky Trading Scrap Metais Staging Area
Looking East (1) and West (2)
` A
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Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2008-14
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
SECOND SIX MONTH EXTENSION TO CONDITIONAL USE PERMIT
NO. 2007-04, ISSUED TO SPRING CREEK CORRECTIONAL CENTER
(SCCC) TO CONSTRUCT AND OPERATE AN ADDITIONAL 20-BED
MINIMUM SECURITY HOUSING UNIT ON THE CURRENT SCCC
MAXIMUM SECURITY PRISON SITE, WITHIN THE INSTITUTIONAL
ZONING DISTRICT
WHEREAS, on August 7, 2007 the Planning and Zoning Commission approved
Resolution 2007-14 granting a Conditional Use Permit (CUP) to Spring Creek Correctional
Center to construct and operate an additional 20-bed minimum security housing unit on the
current SCCC site, within the Institutional Zoning District; and
WHEREAS, the Seward Zoning Code (SCC) §15.10.320.G(1) stipulates an approved
CUP lapses six (6) months after approval if no building permit is procured or if the allowed use
is not initiated; and
WHEREAS, (SCC) § 15.10.320.G(2) states the Commission may grant time extensions
not to exceed six (6) months each upon a finding that circumstances have not changed
sufficiently to warrant a reconsideration of the approval of the CUP; and
WHEREAS, on February 19, 2008 the Planning and Zoning Commission approved
Resolution 2008-02 granting a six month extension of CUP 2007-04; and
WHEREAS, on July 31, 2008, Spring Creek Correctional Center requested a second six
month extension of CUP 2007-04, stating within the request there had been no changes to the
original plan.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. Circumstances have not changed sufficiently to warrant reconsideration of the
Conditional Use Permit issued to Spring Creek Correctional Center on August 7, 2007 to
develop a 20-bed minimum security housing unit.
17
Seward Planning and Zoning Commission
Resolution 2008-14
Page 2 of 2
Section 2. Conditional Use Permit number 2007-04, issued to Spring Creek Correctional
Center on August 7, 2007 is hereby extended until February 2009.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 19~` day of
August 2008.
THE CITY OF SEWARD
Marianna Keil, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT: Two
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
18
PB~Z Agenda Statement
Meeting Date:
Through:
From:
Agenda Item:
August 19, 2008
Community Develo went Director Bob Hicks
P
Executive Liaison Anne Bailey
Request by Spring Creek Correctional Center for a
Second Six Month Extension of Conditional Use
Permit 2007-04
BACKGROUND & JUSTIFICATION•
On July 3 1, 2008, Spring Creek Correctional Center (SCCC) submitted a request for a second time
extension of Conditional Use Permit 2007-04. This request for an extension was submitted prior to
the expiration of the permit. The SCCC plans to construct a 20-bed minimum security housing unit
on the current maximum security prison site have not changed.
Seward City Code § 15.10.320. G(1) stipulates an approved Conditional Use Permit lapses six (6)
months after approval if no building permit is procured or if the allowed use is not initiated.
Conditional Use Permit 2007-04 was extended in February 2008, this extension lapses August 2008,
which is six (6) months after the extension to the original Conditional Use Permit was granted.
Seward City Code § 15.10.320.G(2) states the Commission may grant time extensions not to exceed
six (6) months each upon a finding that circumstances have not changed sufficiently to warrant a
reconsideration of the approval of the CUP. SCCC has stated in the written extension request that no
changes have occurred or are planned. Engineered plans are hoped to be completed and submitted to
the City for a building permit within the next six months.
CONSISTENCY CHECKLIST: Yes No
Seward 2024 Comprehensive Plan X
The Comprehensive Plan states "Continue to advocate the Department of Corrections and Alaska
State Legislature to expand the Spring Creek Correctional Center (SCCC}." (3.1.2.1) (page 19}.
Strategic Plan {1999) X
The Strategic Plan states "Continue to lobby the Department of Corrections and the state legislature
to expand the Spring Creek Correctional Center." (page 6}
RECOMMENDATION:
Staff recommends approval of Resolution 2008- l4, granting Spring Creek Correctional Center a
second six month extension to Conditional Use Permit 2007-04.
19
~~~ SARAH PAL1N, GOVERNOR
DEPARTMENT OF CORRECTIONS MILE5NASHROAD
P.O. BOX 2109
SEWARD, ALASKA 99664
SPRING CREEK CORRECTIONAL CENTER PHONE: {907) 224-8200
July 31, 2008
City of Seward
Bob Hicks
Community Development Director
Community Development Office
P.O. Box 167
Seward, Alaska 99664
Re-Request for Extension of Conditional Use Permit No 2007-04
Spring Creek Correctional Center respectfully asks fora 6-month extension to Conditional Use Permit
No 2007-04 to construct and operate an additional 20-bed minimum security housing unit on the
current Spring Creek Correctional Center Maximum Security Prison site.
We still have not been able to get engineered plans from the Department of Corrections to submit to
the Community Development Office and the Planning & Engineering office for a building permit. We
hope to have the engineered plans within the next 6-months to submit for a building permit.
No circumstances have changed nor have any changes taken place with the original Conditional Use
Permit application.
Thank you for your attention to this matter and we hope to hear favorably from you
Sincerely,
Craig Turnbull
Superintendent
GlTY DF SEWAR~
~ u ~ 3 ~ Laos
~._~__
pt.An~~t-v~ o~Ftc~
20
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2008-02
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, Ai,ASKA, GRANTING A
SIX MONTH EXTENSION TO CONDITIONAL USE PERMIT NO. 2007-
04, ISSUED TO SPRING CREEK CORRECTIONAL CENTER (SCCC) TO
CONSTRUCT AND OPERATE AN ADDITIONAL 20-BED MINIMUM
SECURITY HOUSING UNIT ON THE CURRENT SCCC 1~ti~XiNiUI"Vi
SECURITY PRISON SITE, WITHIN THE INSTITUTIONAL ZONING
DISTRICT
WI:IEREAS, on August 7, 2007 the Planning and Zoning Commission approved
Resolution 2007-14 granting a Conditional Use Permit (CUP) to Spring Creek Correctional
Center to construct and operate an additional 20-bed minimum security housing unit on the
current SCCC site, within the Institutional Zoning District; and
WHEREAS, the Seward Zoning Code (SCC) § 15.10.320.G(1 } stipulates an approved
CUP lapses six. (6} months after approval if no building pernvt is procured or if the allowed use
is not initiated; and
WHEREAS, (SCC) § 15.10.320.G(2) states the Commission may grant time extensions
not to exceed six (6) months each upon a finding that circumstances have not changed
sufficiently to warrant a reconsideration of the approval of the CUP; and
WHEREAS, On January 17, 2008, Spring Creek Correctional Center requested a six
month extension of CUP 2007-04, stating within the request there had been no changes to the
original plan.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Sec~~'o_n 1. Circumstances have not changed sufficiently to warrant reconsideration of the
Conditional Use Permit issued to Spring Creek Correctional Center on August 7, 2008 to
develop a 20-bed minimum security housing unit.
Section Conditional Use Permit number 2007-04, issued to Spring Creek Correctional
Center on August 7, 2007 is hereby extended until August 5, 2008.
Sec/o_n 3. This resolution shall take effect immediately upon its adoption.
21
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&21RWi '. 7 of 2
NIINII~!~INUIhNkNInIIfiIVIMIIVIRVIII~Ii~nIINI~IRUIIU!~~
SE'V4~ARD PLANNING & ZONII~TG COMMISSION
CONDITIONAL USE PERMIT
N0.2007-04
ISSUED TO: Spring Creek Correctional Center
Mile 5 Nash Road
P.O. Box 2109
Seward, AK 99664
EFFECTNE
DATE: August 17, 2007
LOCATION: Spring Creek Correctional Facility Tract A
This Conditional Use Permit is granted by the Seward Planning and Zoning Commission to the
Spring Creek Correctional Center to construct and operate an additiona120-bed minimum security
housing unit on the current Spring Creek Correctional Center Maximum Security Prison site, in the
Institutional (Il~TS} Zoning District subject to the following conditions:
1. Modification to the site plan dated June 7, 2007 which was approved by the
Commission as a supporting document for this Conditional Use Permit shall be
approved by staff or the Commission prior to implementation
2. Modification to the final approval of a conditional use permit may, upon application
by the permitee, be modified by the Planning and Zoning Conunission:
A. When changed conditions cause the conditional use permit tv 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 subj ect to a public hearing and a filing fee set
by City Council Resolution.
An approved conditional use permit lapses six (6) months after approval if no building permit is
procured or if the allowed use is not initiated. The Seward Planning and Zoning Commission may
grant time extensions not to exceed (6} months each upon a finding that circumstances have not
changed sufficiently to warrant reconsideration of the approval of the conditional use permiit. A
request for an extension must be submitted prior to the expiration of the permit. A public hearing
22
~'~<,,:
..-~
~~
. -.~- -.-s-.~c,...>~.~,
Conditional Use Permit 2007-04
Page 2
shall not be required prior to granting an extension of time (SCC' 15.10.320.G).
Failure to adhere to all the conditions of this permit may result in revocation of the permit and
possible civil and criminal penalties.
PASSED AND APPROVED by Seward Planning and Zoning Commission Resolution
No.2007-14.
THE CITY OF SEWARD, ALASKA
By:
Donna Glenz
Acting Planner
RETURN TO:
Planning Office
City of Seward
P.O. Box 167
Seward, AK 99664
~II~IaIIVEl81UIII~VIVI
23
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2007-14
A RESOLUTION BY THE SEWARD PLANNING GgANTINGN A
COMMISSION OF THE CITY OF SPA CREEKKCORRECTIONAL
CONDITIONAL USE PERMIT TO
CENTER (SCCC) TO CONSTRUCT AND OPERATE AN~ADDITU I~ONENArLr
20-BED MINIMUM SECURITY HO P~ ON~SITEN WITHIN T~
SCCC MAXIMUM SECURIT
INSTITUTIONAL ZONING DISTRICT
WHEREAS, Spring Creek Correctional Center (SCCC) has applied for a conditional use
permit from the Seward Planning and Zoning Commission to construct and operate an additional
20-bed minimum security housing unit; and
WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.225,
facilities such as the planned correctional/prison development are allowed in the Institutional
Zoning District as a conditionally permitted use; and
WHEREAS, the 20-bed housing unit is an addition to the current maximum security
prison; and
WHEREAS, this housing unit will be comprised of one (1) single story (20-bed) housing
unit contained within security fencing; and
WHEREAS, having complied with the public notification process, on August 7, 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 15.10.320.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: This finding has been met. The property is currently zoned Institutional
(INS). The Institutional Zoning district provides an area for public and private
administrative and government uses (SCC 15.05.025. (b) (11). Operating a correctional
facility is consistent with the planned uses in the Institutional Zoning District.
24
_..
Re ,_
Page 2 of 3
$. The value of adjoining property will not be sign~icantly impaired
Finding: This finding has been met. The current maximum security facility of
Spring Creek Correctional Center is located on an approximately 262 acre parcel of land,
known as SCCC, Tract A. This large parcel is located on the East side of Resurrection
Bay IiTartheast of the Seward Marine Industrial Center. The proposed 20-bed minimum
security housing unit will be located just to the East of the current rnaximurn security
facility within separate security fencing. There is no indication that the proposed facility
would negatively impair the value of adjoining property.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This finding has been met. The Spring Creek Correctional Center is in
harmony with the Seward 2020 Comprehensive Plan (approved by Council, 2005) and
Strategic Plan (1999) in that both plans encourage growth and expansion of the facility.
Seward 2Q20 Comprehensive Plan
The Comprehensive Plan states "Continue to advocate the Department of Corrections and Alaska
State Legislature to expand the Spring Creek Correctional Center (SCCC)" {3.1.2.1) (page 19).
Strategic Plan {999}
The Strategic Plan states "Continue to lobby the Department of Corrections and the state
legislature to expand the Spring Creek Correctional Center." {page t)
D. Public Services and facilities are adequate to serve the proposed use.
Finding: This finding has been met. Spring Creek Correctional Center is a large
developed facility with adequate uiiiastructure. The requited public services and
infrastructures for the additional. housing whit have been reviewed and agreed upon by
both City staff and SCCC staff.
E, The proposed use wilt not be harmful to the public safety, health or welfare.
Finding: This finding has been met. The current SCCC facility has operated safely
for over 15 years. 'Tb-ere is no reason to txelieve that the additioi~iai 20-bed unit v~'ould
change the safe operation of the existing facility.
the commission to fulfill the
~. Any and a~ specif c conditions deemed necessary by include but are
above-mentioned conditions shai~ he met by the applicant These may
'ted to measures relative to access, screening, site developmentµb~ il<ling design,
nvt lent
o eration of the use and other similar aspects related to the proposed
P
'fications to the site plan dated June 7, 2007 which was approved by the
1, Mode
'ssian as a supporting document for this Conditional Use Permit shall e
Comma
approved.by staff ar the Commission prior to implementation
25
d
Page 3 of 3
2. Modification to the final approval. of this conditional use permit may, upon
application by the pernutee, 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 a conditional use permit provided the
conditions listed on Section 1, Subsection F are met by the applicant, and authorizes the
administration to issue a conditional use permit to the Spring Creek Correction Center to allow
the construction and operation of an additional 20-Bed minimum security housing unit.
Section 3. The Planning and Zoning Commission finds that adherence to the conditions of
this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320,
Conditional Use Permits, and authorizes the administration to issue a conditional use permit.
Additionally, the administration shall periodically confirm the use conforms to the standards of
its approval.
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7~' day of
August 2007.
THE CITY OF SEWARD
.~
arianna Keil,
AYES: Clark, Hicks, Smith, Roach', Anderson, Keil
NOES: None
ABSENT: None
ABSTAIN: None ATTEST:
VACANT: One
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Je `Lewis,~1V1 o,~q ~`; ~~,~~P'Ai3,q~,.~''~,,~ ~'~
Cit~Clerk ~ ;'"~~" c~';
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(City Seal) :~
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26
MEMQR.A,NDUM
City of Seward
Community Development
Date: August 19, 2008
To: Planning and Zoning Commission
Through: Community Development Director Bob Hick
From: Executive Liaison Anne Bailey
Subject: Set a Work Session to Discuss the Planning and Zoning Rules of
Procedure and Title 1 S
The Planning and Zoning Commission needs to schedule a work session to discuss two
items on their priority list. City Staff has created a Planning and Zoning Rules of
Procedure and Bob Hicks has completed Title 15. Both draft products are ready for
Commission review.
Finance Director Kris Erchinger has requested to do a P & Z Budget Presentation at the
September 16, 2008 Work Session. So, the next scheduled work session is October 21,
2008 at 6:30 p.m. If the Commission would like to meet before October other possible
dates are August 26-28, 2008 at 6:30 p.m., September 8-12, 2008 at 6:30 p.m. or any
other time the Commission chooses.
Staff recommends the Commission set a Work Session to discuss the Planning and
Zoning Rules of Procedure and Title 15.
27
City of Sewarr,~ Alaska Planning Commission Minutes
July 1, 2008 Volume 6, Page 2 3 6
Call to Order
The July 1, 2008 Regular Meeting of the Seward Planning & Zoning Commission was
called to order at 7:32 p.m. by Chair Marianna Keil.
Opening Ceremony
Commissioner McClure led the Pledge of Allegiance to the flag.
Roll Call
There were present:
Marianna Keil presiding, and
Sue McClure Margaret Anderson
Steven Heinrich
comprising a quorum of the Commission; and
Bob Hicks, Community Development Director
Anne Bailey, Executive Liaison
Absent was: Sandie Roach'
City Administration Report
Community Development Director Bob Hicks updated the Commission of the following
business items:
• The Parks and Recreation Department needed 14 to 17 year olds to work on the ALPAR
project for four hours a day.
• The Alaska Blood Bank would be in town July 2-3, 2008 from 8:00 a.m. to 2 p.m. for
blood donations.
• An appeal had been filed from a notice of violation in regards to construction in a flood
plain. The Commission would receive this issue in their quasi judicial capacity, they were
encouraged not to discuss this issue with the public and the time of the appeal was
uncertain.
Keil noted for the record she had an ex parte contact on the issue and would declare it at
the meeting. She suggested the Community Development Department send out a notice of items
that may be appealed so the Commission would know what they were able to talk about.
Hicks. stated the appeal was with Afognak Construction and the property was the bridge
crossing Japanese Creek.
28
City of Seward, Alaska Planning Commission Minutes
July 1, 2008 Volume 6, Page 2 3 7
Keil suggested the Commissioners go out to look at the Japp Creek area.
In response to Keil, Hicks stated pictures would be available at the meeting.
In response to Anderson, Hicks stated that the appeal must occur within 30 days of the
notice of appeal and would probably take place at the end of July. He discussed the appeal process
and stated the City Clerk would set the hearing date.
Other Reports, Announcements & Presentations -None.
Citizens' Comments on any subject ezcept those items scheduled for Public Hearing -None
Approval of Agenda and Consent Agenda -
Motion (Anderson/McClure) Approve the Agenda and the Consent
Agenda
Motion Passed
Unanimous Consent
The following items were approved on the Consent Agenda:
Apri115, 2008 Special Meeting Minutes
May 8, 2008 Regular Meeting Minutes
Unfinished Business Items requiring a Public Hearing -None
New Business Items requiring a Public Hearing -
RESOLUTION 2008-11 Recommending Kenai Peainsula Borough Approval
of the Original Townsite of Seward, Swann Replat, Consisting of the (Location
1) 504 Adams, East 2/3 of Lots 21, 22, 23 and the South '/Z of the East 2/3 Lot
24, Block 17; and (Location 2), Corner of Ballaine and Railway, Lot 7A, Block
7, Lindsey Replat and Lots 12, 13 and 14, Block 7, Original Townsite of
Seward
Hicks reviewed Resolution 2008-11 and explained the situation with the two lots and what
was being done on the plat map. He noted the Commission approved Conditional Use Permits to
allow the Swann Nest Inn to become a hotel and to construct townhouses in 2008. Hicks stated
staff recommended in favor of the replat.
In response to Anderson, Hicks stated he thought the two parcels were combined under the
same plat for economical purposes and he assumed the district recorders office would accept the
areas on one plat map.
29
City of Seward, Alaska Planning Commission Minutes
.Iuly 1, 2008 Volume 6, Page 2 3 8
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Tom Swann, inside City limits, stated the surveyor recommended the locations be
replatted at the same time to save money. He clarified there was one replat being done for two
different properties.
Magdy Aldo El Sourougy, inside City limits, stated his concern was with the hours of
construction and did not want them working at 9 or 10 at night.
Charlie Fend, inside City limits, stated she had questions for Swann and wanted to know
if there was access to the plans. She noted the disappointment in losing the view and wondered
about privacy, the dirt road and asked about the new lots.
The Commission suspended the rules to allow the public to speak.
Swann explained there were several different odd sized lots and the replat replaced the old
property lines with new ones creating four separate areas. He stated the alley would remain the
same.
Motion (Kenn
Take a recess to allow the public to discuss
the items and take a look at the plans
Motion Failed Due to a lack of a second
The public discussed the alley and other issues of concern.
In response to Fend, Swann stated the lawn would not be affected by the construction and
the stakes were placed there for reference.
River Sheldon, inside City limits, voiced her concern with privacy, fire access, where the
parking lot would be and not having a picture of what the townhouses would look like. She
mentioned the dust problem and wondered if something could be done to alleviate the problem.
She reiterated her concerns.
In response to Sheldon, Keil stated the fire department had approved the plans and stated
privacy may not be an issue.
In response to Sheldon, Swann stated he did not bring the plans with him, was unsure how
to address the privacy issue and discussed the townhouses further. Swann stated he would attempt
to address the dust problem.
In further response to Sheldon, Keil and Hicks stated there was a noise ordinance.
Sheldon stated she had wished they had known about this earlier.
30
City of Seward, Alaska Planning Commission Minutes
July 1, 2008 Volume 6, Page 2 3 9
No one else requested to be heard and the public hearing was closed.
In response to the public, Keil stated the Commission had access to the plans at a public
meeting, a work session had been held and notice of the project had been given.
The public continued to discuss the request to see the plans.
Keil called for order and restated that the public hearing was closed.
Motion (Anderson/McClure) Approve Resolution 2008-011
Heinrich stated he understood why the applicant wanted to put the two locations on one
replat and he did not have a problem with this. He asked for clarification of the locations.
A member of the public began speaking and Keil called for order.
Anderson noted the Commission was here to address the replat and the building permit
process had already gone through the planning department. She stated the Commission had already
approved the townhouse plan.
Keil hoped the builder would take into consideration the concerns of the public and would
try to keep the noise levels within the requirements of the City.
Anderson commented if anyone had any problems with the construction process it should
be discussed with the planning department.
Motion Passed Unanimous
Unfinished Business -None
New Business -
RESOLUTION 2008-12, Recommending Kenai Peninsula Borough Approval
of Lot 19A, Block 26, Original Townsite of Seward, Lemaster Replat, at 401
Second Avenue
Hicks reviewed Resolution 2008-12 and stated the owner would like to build a residence
and a small apartment on the lots which required the owner to vacate the internal lot line. He stated
staff recommended the approval of Resolution 2008-12.
Motion (Heinrich/McClure) Approve Resolution 2008-12
In response to Heinrich, Hicks stated the apartment would probably be similar to a mother-
in-law unit and not a large complex.
31
City ofSewarc~ Alaska Planning Commission Minutes
July 1, 2008 Volume 6, Page 2 4 0
Motion Passed
Unanimous
Set a Work Session to Discuss the Planning and Zoning Rules of Procedures
Hicks stated Bailey had worked on the Planning and Zoning Rules of procedure and it was
ready for Commission review.
By general consensus, the Commission set a work session to discuss Planning and
Zoning Rules of Procedures for July 15te at 6:30 p.m.
In response to Anderson, Hicks stated Title 15 had not been completed but he was
continuing to work on completing it.
In response to Anderson, Bailey stated the Land Use Planning portion of Title 15 was
discussed at the previous work session.
Hicks stated the Commission would be given the opportunity to discuss the Land Use
Planning portion of Title 15 again.
Informational Items and Reports (No action required) -None
Commission Comments -
McClure stated she felt bad for the public who attended and wished there was a way to
educate the public on P & Z procedures. She believed the public got the wrong impression because
they were not aware of what the Commission was discussing.
Anderson interjected that people do not get upset until work began and stated notice on the
townhouses had been provided. She stated it would behoove the city to identify areas to put bed
load. She stated the rail road had benefited from the bed load and she saw areas that could benefit
from bed load use which could benefit the City financially. She mentioned hiring consultant
engineers and using the hydrologist hired by the Borough to review low lying areas.
Heinrich sympathized with the public, believed many of the questions were answered and
discussed some of the publics concerns. He requested a map that showed the name of the City's
subdivisions.
Hicks stated the Community Development Office could construct a map for review.
Keil commented staff had sent out a notice to the building owner and it was the owner's
responsibility to did not contact the residents of the building to let them know a public hearing was
happening.
Hicks stated staff could attempt to make an extra effort to notify the tenants.
32
City o, f Seward, Alaska Planning Commission Minutes
July 1, 2008 Volume 6, Page 2 41
The Commission discussed methods of notifying the public.
Citizens' Comments -- None
Commissions and Administration Response to Citizens' Comments -None
In response to Anderson, Keil stated the July 15, 2008 Work Session would begin at 6:30
p.m.
Adjournment
1V.Cotion (McClure/Heinrich) Adjournment
Motion Passed Unanimous Consent
Meeting adjourned at 8:16 p.m.
Anne Bailey,
Executive Liaison
(City Seal)
Marianna Keil
Chair
33
v/ i,~/ cv V V 7.17 HI"I
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September O September 2008
T F S
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7 8 910111213 5 6 7 8 91011
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Monday Tuesday Wednesday _ Thursday Friday __
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Labor Da Offices Closed 7:OOpm CC Efficency 12:OOpm PACAB Meeting
StudyWS
7t30pm P&Z Meeting
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7:OOpm City Council
Meeting
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6:30pm ~~~s~~3n?
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12:OOpm pACA6 WaFk~ ? ` 9:OOam Social Security
Session ~ Rep
6:30pm Historic
Preservation
Meeting
22 23 __ _ 24 ' - 25 -- __.2
740pm City Council ~ 7:OOpm CC Economic
Meeting Issues WS
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Nanci Richey 2 8/15/2008 9:15 AM