HomeMy WebLinkAbout12162008 Planning & Zoning MinutesC'ilr uf,4ei~~c~rd Aluskcr
U~r~mbei~ 16. 2005
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Call to Order
fhe December 16, 2008 Special Meeting of the Seward Planning & 7_oning Commissio^
was called to order at 6:30 p.m. by Vice Chair Anderson.
Opening Ceremony
Vice Chair Anderson led the Pledge of Allegiance to the flag.
Roll Call
There were present:
Margaret Anderson presiding, and
Sue McClure Cindy Ecklund
Steven Heinrich Sandie Roach'
comprising a quorum of the Commission; and
Christy Terry, Community Development llirector
Anne Bailey, L?xecutive Liaison
City Administration Report
.~..
Community Development Director Christy Terry updated the Commission of the
following business items:
~ The scheduled December Flood Board quarterly meeting was postponed due to the Flood
Board attending the Assembly Meeting and rescheduling the meeting would be addressed
in agenda item 10 B.
• Kenai Peninsula Borough Ordinance 2008-36 placing a moratorium within the Seward
Bear Creek Flood Service Arca on development within a Iloodplain was pulled from the
assemblies agenda by administration. The City of Seward concerns had been resolved.
• The Holiday 'Train brought 440 passengers to Seward and 'T'erry congratulated the
Chamber.
• Guidian Garcia and Ralph Samuels from Holland America spoke at the Chamber lunch and
provided the 2009 Seward schedule. Terry further discussed the cruise ship aflect on
Seward.
• "The Community Development Department would be closed for a half day on December 24,
2008 and all day on December 25-26. 2008.
• Community Development had addressed basic zoning interpretations.
• North Forest Acres Road Levee was issued a flood plain permit on November 21, 2008 and
are waiting for a driveway permit from the Department of Transportation.
Other Reports, Announcements & Presentations -None
City of Sex~ard, Alc~skc~
December 16, ?OOA'
Planni~ag Commission Minttles
L"oknne 6, Pa~~e 2 9 6
Citizens' Comments on any subject except those items scheduled for Public Hearing - None
Approval of Agenda and Consent Agenda -
Motion (Heinrich/McClure)
Approve the Agenda and the Consent
Agenda
Roach' pulled the October 21, 2008 Special Meeting minutes from the consent agenda.
In response to Roach', Terry noted the Disqualilication for k3ias of the Planning
Commissioner email could be discussed with the Plamling and 'Coning Rules of Procedure.
Motion Passed as Amended
Unanimous
The following items were approved on the Consent Agenda:
Resolution 2008-19 Granting a Third Six Month Extension to Conditional Use
Permit No. 2007-03, Issued to Tom & Lori Swann for the Development of an
11-room Hotel at 504 Adams Street Located Within the Central Business
Zoning District (CBD)
Special Items
Election of Chair
Election of Chair
Motion (McClure/Ecktund)
Anderson opened the tloor for Chair
nominations.
Elect Sandy Roach' as Chair
Seeing no further nominations, nominations
were closed.
Request for Unanimous Consent
Motion Passed
Unanimous Consent
The Commission discussed nominations of the Vice Chair and determined Commissioner
Anderson would remain Vice Chair.
Unfinished Business Items requiring a Public Hearing -None
C'ity' ofS'eroi~ard. Alaska P(nn~ring Contnris.eiun Nlinxles
Decenaher 16, NION Vnltimc~ 1, l'uge 2 97
New Business Items requiring a Public Hearing -
RESOLUTION 2008-17, Recommending City Council and Kenai Peninsula
Borough Approval of the Federal Addition AVTEC Replat, a Resubdivision of
Blocks 6 & 15, Federal Addition, Located on the West Side of Second Avenue
Between "A" and "C" Streets
Terry stated that the Right-of--Way agent, Al Burton, representing AVTEC was called and
participated in the conversation telephonically.
Notice o1' 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.
Terry reviewed Resolution 2007-17 and outlined the negotiations that were reached with
nVTEC. She stated the land exchange would appear before Council on January 12, 2009 and the
replat would go before the Borough pending the Commissions decision. Terry explained that at the
Borough Planning Commission meeting the reversionary clause was postponed tmtil January 2/i,
2009 due to improper notice. 'Terry concluded that an additional plat note was added noting block
1 SA and the stream running through the property catalogued by the Alaska Department of Fish apd
('game as an anadromous stream.
McClure recused herself from the discussion in order to vote at the Kenai Peninsula
Borough level.
Motion (Heinrich/Roach') Approve Resolution 2008-17
)n response to Ecklund, 'Terry replied that the City asked to put the utility easement on the
projected block 1 SA to meet the Electric Department's request.
In further response to Ecklund, Terry could not address the negotiations in regards to other
State property exchange.
Anderson discussed the Commission's recommendation in April 2007 for the City to
request other lands in exchange for this transfer and she mentioned her concern for the access to
Two Lakes Park and the need for signage.
In response to Ecklund, Terry discussed the access to the Park.
Heinrich thanked those for putting the information together, noted that the public access to
the parks was being preserved and stated he did not have a problem with the agreement.
The Commission suspended the rules to allow Kim Mahoney from the Department of
Transportation (DOT) to speak.
City of Seirurd, .Alaska Plunr~i»s,~ Cornmissioiz wlinules
December 16, 2008 Vvlume 1, PuKe 298
Mahoney clarified other properties for exchange had been negotiated with Bob Hicks. She
explained egress and ingress to the Park and the access agreement.
hi response to Ecklund. Mahoney discussed the land exchange in greater detail and noted
that AV"fF.C did not have other property to exchange. She clarified AVTEC was a state owned
property.
Terry suggested the Commission send comments in regards to the exchange of other pieces
of property and staff could draft a letter to he sent to Council.
Motion (Roach'/Ecklund)
Amend Resolution 2008-17 by changing
the current Section 2. to Section 3. and add
a new Section 2. Signagc on Second
Avenue be placed to identify the Two
Lakes Park location and Parks and
Recreation Maps should show access to the
area.
Motion Passed
Unanimous
Ecklund confirmed that administration would provide a copy of the minutes and prepare a
letter regarding the land exchange for Council.
Main Motion Passed as Amended
Unanimous
RESOLUTION 2008-18, Granting a Conditional Use Permit to CIRI Alaska
Tourism, Corp. dba Kenai Fjords Tours to Construct and Operate a 16 Room
Employee Bunkhouse on Tract A, Clearview Subdivision Number 3, Located
West of Alice Street Between Resurrection Boulevard and Phoenix Road
within the Auto Commercial 'Coning District
Ieinrich disclosed his wife was a CIRI shareholder and there may he a conflict of interest.
In response to Terry, leinrich stated this transaction did not pose a direct or indirect
substantial financial interest was disclosed on the APOC forms.
Terry stated it was up to the ('hair's discretion to decide if it was a direct or indirect
substantial financial interest to Commissioner Heinrich.
Anderson determined that Heinrich did not have a conflict of interest on this issue.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Cilr nf,Sca-eu•d, ,~lusk° Pkmnin~~ ('omnti.+~.ciun A-Irnutee
Dc~rc ether l6, ZOON _ f'o(trme h, Pngc~ 2 9 9
Uoug Capra, inside city limits, discussed bunkhouse encroachment on neighborhoods and
,_ noted his desire to make this a model bunkhouse. lle nosed the need to enforce privacy and
mentioned KFT had an employee contract and a resident supervisor for the bunkhouse. Ile
discussed the public hearing process and recommended Administration encourage community
meetings to streamline the process.
Fran Sedlik, inside city limits, testitied about bunkhouses in residential areas. She
expressed her concerns about privacy and the quality of life. She continued to mention her bad
experiences with bunkhouses. She noted CIRI was following protocol but said there may he an
adverse affect from the bunkhouse in a residential area and the Commission should consider the
established residents in the City.
Dan McDonald, inside city limits, stated he was the General Manager for KFT. He
expected the KFT employees to represent the company, noted the KFT housing laws and
bunkhouse requirements were strict and mentioned the need for su-nrner housing. fle discussed the
bunkhouse location, location of windows and doors and how he wanted the vegetation to remain.
No one else requested to be heard and the public hearing was closed.
Terry provided an update in regards to the illegal bunkhousc. She noted legal bunkhouses
needed to he developed to avoid impacting residential areas. Terry reviewed Resolution 2008-18
and the conditions required for the bunkhouse.
In response to Ecklund, Terry stated the main lot had been historically zoned auto
comrercial and the three lots to the west were the lots that had recently been rezoned auto
commercial.
In response to Heinrich, Terry explained the situations where Conditional Use Permits
would come back before the Commission or become ineffective.
Roach' referenced the auto commercial district delinilion.
hi response to Roach'.. Terry stated this bunkhousc would serve the KFT offices and was
appropriate for the auto commercial district.
In further response to Roach', Terry stated different locations for the building were
proposed by the utility managers to help mitigate expenses for the developer bul KFT decided on
the particular location.
The Commission suspended the rules to allow Dan McDonald to speak.
In response to Roach', McDonald explained KFT's decision for the bunkhouse location.
In response to Heinrich, McDonald stated the warehouse would remain and the bunkhouse
would serve KFT's housing need. McDonald explained why they chose to build a bunkhousc
Crty of Seward, Alaska
December 16, ZOUH
rather than an apartment.
Motion (McClure/Heinrich)
Planning Comrnrssiun Mimr[es
Volume 6. Page 300
Approve Resolution 2008-18
Ecklund noted she'd like this built in another location and suggested it he moved to the
southeast corner of the lot. She asked about the drainage problem with the area and commented on
the bunkhouse design and mentioned the vegetation buffer.
The Commission discussed in great detail the need to retain a vegetation buffer between
the project and Resurrection Boulevard.
Anderson discussed the parking lot requirements and suggested having a secure area for
bikes.
Heinrich commented on the bunkhouse development and location and stated it would
contribute to the Citys tax base.
Anderson spoke in favor of the bunkhouse location.
Ecklund suggested making the highway crossing part of the house rules and addressed the
notice of the public hearing and the process of holding community meetings.
McClure thanked the members of the public for communicating with the owners of the
property and stated a quality building would be built and hoped the contract with the residents be
enforced.
Roach' stated it would be a good asset for the community and discussed the concerns of the
community. She reiterated the need for a vegetative barrier.
The Commission further discussed a requirement for a vegetative barrier.
The Commission suspended the rules to allow Larry Harmon to speak.
[n response to Ecklund, Larry discussed the easement, the vegetative barrier and building
requirements.
fhc Commission further discussed creating an amendment requiring a vegetative barrier
and. considered a barrier on Alice Street.
Motion (Ecklund/Roach')
Amend Resolution 2008-18 by changing
Section 1. #6 Condition # 4 to read "During
construction, the applicant shall make
every effort to retain a natural vegetation
greenbelt between the project and
Resurrection Boulevard. Upon completion
City o~~Sewarcl, Alaska
December 1 b, 2008
Motion Passed
Main Motion Passed as Amended
Planning Commission Minutes
Vok~me 6, Pa,Ke 3 O 1
of the project the applicant shall plant an 8
foot vegetative greenbelt barrier."
Unanimous
Unanimous
'The Commission recessed at 8:15 p.m. and reconvened at 8:20 p.m.
Unfinished Business -None
New Business -
Resolution 2008-20, Adopting the Rules of Procedures for the Planning and Zoning
Commission
Terry discussed the Disqualification for Bias of the Planning Commissioner and stated she
would forward the memo to the City Attorney and the Attorney could contact the Borough
Attorney. She stated the Planning and Zoning Rules of Procedure changes made at the last work
session were incorporated in the packet. She congratulated and thanked the Commission for their
work on this.
"1'he Commission further discussed the bias issue of the Planning Commission.
Terry restated the changes made at the last work session were incorporated in the packet.
Heinrich commented these rules are a guide and not the law.
Motion (Heinrich/McClure)
Motion Passed
Approve Resolution 2008-20
Unanimous
Set Joint Flood Board/Commission Work Session for updates to our Flood Plain
Management Ordinance
Terry suggested holding work session with the Flood Board on January 20, 2009 from
6:30-7: i0 p.m. introducing the proposed flood plain code updates and on January 22, 2008 from
6:30-9:30 p.m. to incorporate comments and suggestions. She clarified this would address SCC
15.25 to the end of the Seward City Code.
By general consent, the Commission set a work session to discuss the Flood Plain code
changes on January 20, 2009 from 6:30-7:30 p.m. and .lanuary 22, 2009 from 6:30-9:30 p.m.
October 21, 2008 Special Meeting Minutes
Roach' stated she had pulled the minutes to change Absent was: Sandie Roach' to Excused
City of Seward, Alaska
December 16, 2008
was: Sandie Roach'.
Planning Commission Minutes
Volume h, Puxe 3 0 2
Administration stated this change could he done administratively.
Motion (Ecklund/McClure) Approve the October 21, 2008 Special
Meeting Minutes
Motion Passed as Amended Unanimous Consent
Informational Items and Reports (N'o action required) -None
Commission Comments -
Ecklund emphasized making changes to the City Code regarding buffer zones and
residential areas and suggested requiring Community Meetings for Conditional Use Permits prior
to the public hearing notice. She asked if the City Attorney should comment on the
Disqualification for Bias of the Planning Commissioner email.
The Commission directed Administration to provide a copy of the Disqualification for Bias
of the Planning Commissioner as a matter oP information to the City Attorney.
Heinrich commented that he was residing in the City Limits of Seward. He discussed the
difficulty of placing requirements on landscaping and how the minutes were handled.
McClure welcomed Roach' to the Chairmanship, discussed the Borough regulation of bias
and wished everyone a Happy Holiday.
Roach' thanked the Commissioners for electing her as Chair. She commented on
bunkhouses, the need for housing, and protecting the residents. She wished everyone a Merry
Christmas.
Anderson commented on the press release from DOT regarding the bridges structural
deficiencies and commented that Seward depended on the highway. She congratulated Roach' on
becoming Chair and wished everyone a Merry Christmas.
Citizens' Comments -Nonc
Commissions and Administration Response to Citizens' Comments -Nonc
Adjournment
Meeting adjourned at 8:46 p.m. . - - ~~'" "Ag
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