HomeMy WebLinkAbout01202009 Planning & Zoning PacketSeward Planning Commission
Agenda Packet
January 20, 2009
Special Meeting
City Council Chambers Beginning at 7:30 pm
Seward Planning & Zoning Commission
Sandie Roach'
Chair
Term Expires 02110
Sue McClure
Commissioner
Term Expires 02110
Margaret Anderson
Vice Chair
Term Expires 02109
Vacant
Commissioner
Term Expires 02109
Steven Heinrich
Commissioner
Term Expires 02111
Vacant
Commissioner
Term Expires 02110
Cindy Ecklund
Commissioner
Term Expires 02111
Phillip Oates
City Manager
Christy Terry
Community Development
Director
Anne Bailey
Executive Liaison
Special Mee
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 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 ilemJ
6. Approval of Agenda and Consent Agenda. [Approval of
Consent Agenda passes all routine items indicated by
asterisk (*). Consent Agenda items are not considered
separately unless a Commissioner so requests. In the event
of such a request, the item is returned to the Regular
Agenda.]
Planning & Zoning Commission Special Meeting Agenda
January 20, 2009 Page I
7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will he given
the first opportunity to speak]
A. Unfinished Business Items requiring a Public Hearing — None
B. New Business Items requiring a Public Hearing -
a. Resolution 2009-01, Recommending the City Council Amend Land Uses
Allowed Table 15.10.225. to Allow Lodging, Multi -Family Dwelling
Apartment by Conditional Use Permit (CUP) Within the Harbor
Commercial Zoning District(HQ ..................................................... Page 3
8. Unfinished Business — None
9. New Business —
A. Set the Work Session topic for February 17, 2009 as the Annual Community
Values and Comprehensive Plan review ...................................................... Page 12
* B. December 16, 2008 Special Meeting Minutes ............................................. Page 15
10. Informational Items and Reports (No action required) -
A. Please plan to attend the Planning and Zoning Commission and Seward Bear
Creek Flood Service Board Joint Work Sessions Revising SCC Chapter 15.25
Floodplain Management. These meetings will be held in the City Hall Upstairs
Conference Room on January 20, 2009 from 6:30pm-7:30pm and January 22,
2009 from 6:30pm-9:30pm......................................................................... Page 24
11. Commission Comments
12. 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
January 20, 2009
Special Meeting Agenda
Page 2
Sponsored by: Staff
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-01
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, RECOMMENDING CITY COUNCIL AMEND LAND
USES ALLOWED TABLE 15.10.225. TO ALLOW NIGHTLY LODGING,
WITHIN A MULTI -FAMILY DWELLING APARTMENT BY
CONDITIONAL USE PERMIT (CUP) WITHIN THE HARBOR
COMMERCIAL ZONING DISTRICT (HC)
WHEREAS, the public requested a zoning change to allow nightly lodging within a
multi -family apartment building within the Harbor Commercial Zoning District; 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 Council approval of Ordinance 2009-_,
attached and incorporated herein by reference.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 20th
day of January 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT: Two
ATTEST:
Jean Lewis, CMC
City Clerk
THE CITY OF SEWARD
Sandie Roach', Chair
(City Seal)
3
Sponsored by: Planning and Zoning Commission
Introduction Date:
Public Hearing Date:
Enactment Date:
CITY OF SEWARD, ALASKA
ORDINANCE 2009-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE TITLE 15, LAND USES
ALLOWED TABLE 15.10.225 TO ALLOW LODGING, MULTI -FAMILY
DWELLING APARTMENT BY CONDITIONAL USE PERMIT IN THE
HARBOR COMMERCIAL ZONING DISTRICT (HQ
WHEREAS, nightly lodging within a multi -family structure located within the Harbor
Commercial Zoning District is currently not allowed; and
WHEREAS, nightly lodging within a hotel, motel, lodge or inn is currently allowed by
Conditional Use Permit within the Harbor Commercial Zoning District; and
WHEREAS, nightly lodging within a multi -family structure is currently allowed by
administrative permit within the Two Family (R2), Multifamily (R3), Urban Residential (UR),
Office Residential (OR), Auto Commercial (AC) and Central Business (CBD) Zoning Districts of
Seward; and
WHEREAS, the Harbor Commercial Zoning District is intended to provide an area for
tourist, and recreational, commercial or industrial enterprises which derive major economic or social
benefit from a harbor location; and
WHEREAS, Seward City Code § 15.10.225. Land Uses Allowed, subsection (b), provides
requirements and standards for nightly lodging within the community; and
WHEREAS, allowing nightly lodging within a multi -family structure by Conditional Use
Permit in the Harbor Commercial District will not create any greater impact on the district than other
nightly lodging type businesses currently allowed in the area; and
WHEREAS, it is in the public interest to maintain a city code that is up to date and
harmonizing with current community needs; and
WHEREAS, at the January 20, 2009 meeting, the Planning and Zoning Commission held a
public hearing and recommended City Council approval of the proposed Zoning Code amendment.
4
CITY OF SEWARD, ALASKA
ORDINANCE 2009-
Page 2 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
HEREBY ORDAINS that:
Section 1. Title 15 Seward City Code Table 15.10.225 Land Uses Allowed is hereby
amended as follows: [item in BOLD & ITALIC is added to the table]
RR
Rl
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Lodging, Multi-
family dwelling
P
P
P
P
P
C
P
apartment
Section 2. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS
DAY OF 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Clark Corbridge, Mayor
5
P&Z Agenda Statement
Meeting Date: January 20, 2009 '
Through: Christy Terry, Community Development Director
From: Donna Glenz, Associate Planner a
el
Agenda Item: Amending Seward City Code Title 15, Land Uses Allowed Table 15.10.225
to Allow Lodging, Multi -Family Apartment by Conditional Use Permit
(CUP) within the Harbor Commercial Zoning District (HC)
BACKGROUND & JUSTIFICATION:
Administration received a request to amend the City Code § 15.10.225, Land Use Allowed table to
allow nightly lodging in a multi -family structure within the Harbor Commercial Zoning District by
Conditional Use Permit. Currently, nightly lodging within a multi -family structure is not allowed in
the Harbor Commercial District. However, nightly lodging within a hotel, motel, lodge or inn is
currently allowed by Conditional Use Permit. Nightly lodging within a multi -family structure is
allowed by administrative permit within the Two Family (R2), Multi -family (R3), Urban Residential
(UR), Office Residential (OR), Auto Commercial (AC) and Central Business (CBD) Zoning
Districts of Seward.
Attached for the Commission review and recommendation to Council is Resolution 2009-01 and the
proposed City Council Ordinance change. This proposed Code change would allow nightly lodging
within a multi -family structure located within the Harbor Commercial District by Conditional Use
Permit.
Seward City Code § 15.10.225. Land Uses Allowed currently provides Lodging guidelines as
follows: Items 7, 8 and 9 specifically address multi -family lodging.
(a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions
contained therein are mandatory unless otherwise modified by this chapter. (See Tables at the end of
this Title.)
(b) Lodging as defined in section 15.10.140(b) is allowed in accordance with table 15.10.225 of this
chapter and subject to the following conditions:
(1) Regardless of the date such use began, an annual administrative permit is required. Prior to
issuing the permit, the city shall conduct an annual life safety inspection of each guest room to assure
compliance with the current Uniform Building Code door/window egress standards, the presence of
an operable and inspected fire extinguisher and adequate smoke detection systems, a posted
evacuation plan, and visible signs showing exit locations.
(2) Parking will be provided in accordance with section 15.10.215 of this chapter.
FV
Planning and Zoning
Agenda Statement
Page 2 of 4
(3) No cooking or cooking facilities are permitted in individual guest bedrooms.
(4) Within single and two-family residential districts, lodging is limited to a home occupation
within an owner -occupied dwelling which is the owner's principal place of residence and to the rental
of not more than 50 percent of the bedrooms to a maximum of five.
(5) In all other residential districts, lodging within single-family residences and duplexes is limited
to a home occupation within the business owner's principal place of residence and to the rental of not
more than 50 percent of the bedrooms to a maximum of five.
(6) Within commercial districts, lodging is limited to the rental of not more than five guest
bedrooms regardless of building or business ownership.
(7) Multi -family dwellings used for lodging purposes are not required to be the
business or property owner's residence. The use shall be limited to not more than
five apartment units.
(8) The rental of individual rooms for lodging purposes is not extended to
apartment unit tenants.
(9) Regardless of business name, the use of more than five guest bedrooms or
apartments is considered a motel or hotel for building and other code
interpretation purposes.
15.10.140. Definitions.
Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be
occupied or which is occupied as the home or residence of an individual for daily living and doing
his own cooking independently of any other individual or family in the same building (see
"dwelling")
Dwelling multiple -family. A building designed as a residence for three or more families, with the
number of families in residence not exceeding the number of dwelling units provided and each living
independently of the other under one roof.
Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping
accommodations for a period of less than 30 consecutive days. The use includes the providing of
meals to overnight guests only. This use includes bed and breakfast, but does not include motel, hotel
or hostel.
15.05.025. Land Use Districts -Established, definitions.
(7) Harbor commercial district (HQ Provides an area for water -dependent or water -related uses
with particular emphasis on transportation, tourist, recreational, commercial or industrial enterprises
which derive major economic or social benefit from a harbor location.
7
Planning and Zoning
Agenda Statement
Page 3 of 4
The uplands surrounding the Small Boat Harbor were zoned Harbor Commercial in 1988. It is
evident that the Harbor Commercial District has changed significantly over the past 20 years. A
review of aerial photos visually documents the shift in the use of the harbor uplands from boat
storage and repair to retail/service businesses (charter offices, hotels, restaurants, retail stores and
tourist related uses), and public parking. As harbor development has evolved, industrial uses have
generally been confined to the northern periphery, adjacent to the Industrial Zoning District. Today
the Harbor Commercial Zoning District is comparable to the Central Business District in terms of
development requirements, allowed uses and actual development and use.
Currently the only multi -family structures within the Harbor Commercial District are the two
structures known as the "Harbor Lights Apartments." In 1985 a Conditional Use Permit was granted
to construct a 13 unit condominium complex on Lots 23-34, Block 8, Laubner Addition. Although
these units were originally intended to become condominiums they have never been operated or sold
as condos. The units have always been under a single ownership and operated as a multi -family
apartment complex. Currently City Code does not allow Multi -family structures within the Harbor
Commercial District; thereby making the structure and use non -conforming.
Staff has received one recommendation of support from the Harbor Master, which has been included
within the packet. Other departments of the City have voiced no objection to the proposed City Code
Amendment.
Consistency Checklist:
Yes No NA
Comprehensive Plan (2020) X
3.2.1 Promote residential and commercial development within the city of Seward in accordance with
community values. (page 19) Promote expansion and development of local entrepreneurial
businesses. (page 16)
Strategic Plan (1999) X
This plan recommends adjusting local development regulations where appropriate to encourage
development that is consistent with the economic base vision (pg 5).
Small Boat Harbor Management Plan (1993) X
This plan states that commercial uses allowed in the Small Boat Harbor should be targeted to those
that strengthen and enhance the Small Boat Harbor as a center for marine/tourist convenience uses
and that do not detract from downtown's roles as the community's traditional consumer shopping
and services center.
a. Continue to limit small boat harbor commercial development to water related and water
dependent uses only.
N.
Planning and Zoning
Agenda Statement
Page 4 of 4
b. Through zoning, designate a specific range of commercial uses to be allowed in the small
boat harbor area — including public, commercial and marine industrial uses. (page 9)
Small Boat Harbor Planning and Development Guide X
Page 34 of the Guide states, "It ( the Guide) does not cover commercial and tourist activities and
facilities in the harbor area"
As per City Code § 15.01.040 Public Hearings; the public notice requirements were met. At the time
of publishing this agenda, no public inquiry had been received.
RECOMMENDATION:
Commission approve Resolution 2009-01, recommending City Council adopt the attached Ordinance
Amending Seward City Code Title 15, Land Uses Allowed Table 15.10.225 to Allow Lodging,
Multi -Family Apartment by Conditional Use Permit (CUP) within the Harbor Commercial Zoning
District (HC)
Page 1 of 1
Kari Anderson
From: Kari Anderson
Sent: Wednesday, December 31, 2008 12:12 PM
To: Donna Glenz
Subject: RE: Harbor Lights "condo' apts
I support issuing a conditional use permit for the Harbor Lights Condos to allow nightly lodging in 5 units (or less)
in this multi -family dwelling in the harbor commercial district. This would not affect the zoning or regulations for
any other harbor commercial building within the City of Seward. —Kari Anderson, Seward Harbormaster
From: Donna Glenz
Sent: Tuesday, December 30, 2008 4:34 PM
To: Kari Anderson
Subject: Harbor Lights "condo" apts
Hi Kari,
I would like to talk with you about the Harbor Light "condo' Apartments. As I am sure you remember
we had a meeting with the owners at a Project meeting the end of November. They are now ready to
move forward with one of the options we presented to them. I will be taking this forward to the P&Z
commission in January but before I do that I want to just take a few minutes of your time and make sure
you are in support of the change. The option they requested is to change the zoning code to allow
nightly lodging within a multi family dwelling in the Harbor commercial zoning district. I would like to just
chat with you about this for a couple minutes. You say when and I will be available. Thanks, Donna
Donna Glenz
Associate Planner
City of Seward
P O Box 167
Seward AK 99664
907-224-4048 - office
907-224-4085 - fax
1 /2/2009 10
ADMINISTRATION 2.30.310
(c) The commission shall not adjourn prior to 11:00 p.m. unless all presentations and
comments by members of the general public have been heard.
(Ord. 96-20)
2.30.225. Powers and duties.*
(a) The commission shall perform the following duties:
(1) Interpret the provisions of this title and make compliance determinations when
requested by the administrative official;
(2) Review and act upon requests for variance permits, conditional use permits, and other
matters requiring consideration under the Seward Zoning Code;
(3) Review the City of Seward Comprehensive Plan on an annual basis and conduct a
minimum of one public hearing. Said recommendations shall be forwarded to the
council for consideration; and
(4) Promote public interest and understanding of comprehensive planning, platting,
zoning, land management and other issues relating to community planning and
development.
(b) The commission shall act in an advisory capacity to the city council regarding the
Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use
Plan Map, and other duties as requested by the city council.
(c) The commission shall act in an advisory capacity to the Kenai Peninsula Borough
Planning Commission regarding the following matters:
(1) Subdivision plat proposals;
(2) Right-of-way and easement vacation petitions;
(3) Kenai Peninsula Borough Comprehensive Plan and Coastal Zone Management Plan
development, updates and amendments; and
(4) City of Seward Comprehensive Plan amendments not otherwise delegated to the City
of Seward.
(Ord. 426, 1976; Ord. 438, 1977; Ord. 492, § 1, 1980; Ord. 626, § 2, 1989; Ord. 92-09; Ord. 94-04)
Article 3. Port and Commerce Advisory Board
2.30.310. Established.
(a) The port and commerce advisory board is hereby created, consisting of seven residents
of the City of Seward or surrounding areas, and who shall be appointed by the council. If there
is more than one applicant for the position, the council shall appoint by ballot voting.
(b) A chairman of the board shall be selected annually by the appointed members.
*City Ord. No. 94-04 deleted historic preservation duties and created a separate historic
preservation commission. See § 2.30.410 et seq.
Supplement No. 06-1 2-33
12
Sponsored by: Planning and Zoning Commission
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2008-09
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION RECOMMENDING THE PLANNING COMMISSION
PRIORITIES FOR 2008
WHEREAS, the Seward City Council Rules of Procedure, adopted 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 Council held a joint work session, updated and
reviewed the Planning and Zoning 2007 Priorities List on March 25, 2008; and
WHEREAS, at the April 1, 2008 meeting the Planning and Zoning Commission
reviewed and prioritized the Priorities List; and
WHEREAS, at the May 8, 2008 meeting the Planning and Zoning Commission reviewed
and approved the 2008 Planning and Zoning Priority List; and
WHEREAS, the Planning Department have adequate staffing to accomplish the
priorities listed below.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The following List of Priorities for 2008 is hereby approved:
PRIORITIES
1) Recruitment for P & Z
2) Rewrite of Title 15
3) Municipal Lands Management Plan (1995)- Update in conjunction with the Capital
Improvement Plan and the City Land Disposal Policies and Procedures- Review and
Update
.. . • •. .:
5) Enforcement- inclusive of the following but not exclusive of other enforcement issues
Code Violations and CUP'S (Adequate Staffing)
13
Seward Planning and Zoning Commission
Resolution 2008-09
Page 2 of 2
6) Meet with Port and Commerce Advisory Board to discuss the South Harbor Uplands.
7) Waterfront Park Replat
8) Two Lakes Park Replat
9) Nash Road Bench Study
.A 10) Annual Community Values Meeting- February 2009
FOLLOW PROCESS MADE BY OTHER ENTITIES
AARC Master Plan
Airport Master Plan
Parks and Recreation Master Plan (1993)
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 81h day of
May, 2008.
THE CITY OF SEWARD, ALASKA
Marianna Keil, Chair
AYES:
Anderson, Heinrich, McClure, Keil
NOES:
None
ABSENT:
Roach'
ABSTAIN:
None
VACANT:
Two
ATTEST:
Jean Lewis
City Clerk, CMC
(City Seat)
14
City of Seward, Alaska
December 10, 2008
Call to Order
Planning Commission Minutes
Volume 6,, Page 2 3 6
The December 16, 2008 Special Meeting of the Seward Planning & Zoning Commission
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 Director
Acme Bailey, Executive 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 Area on development within a tloodplain 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 Terry 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 affect 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
15
City of Seward, Alaska
December 16, 2008
Planning Commission Minutes
Volume 6, Page 2 3 7
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 Disqualification for Bias of the Planning
Commissioner email could be discussed with the Planning and Zoning 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/Ecklund)
Request for Unanimous Consent
Motion Passed
Anderson opened the floor for Chair
nominations.
Elect Sandy Roach' as Chair
Seeing no further nominations, nominations
were closed.
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
16
Cit , of Seward, Alaska Planning Commission Minutes
December 16, 2008 Volume 6, Page 2 3 8
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, A] Burton, representing AVTEC was called and
participated in the conversation telephonically.
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.
Terry reviewed Resolution 2007-17 and outlined the negotiations that were reached with
AVTEC. 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 until January 26,
2009 due to improper notice. Terry concluded that an additional plat note was added noting block
15A and the stream running through the property catalogued by the Alaska Department of Fish and
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
In response to Ecklund, Terry replied that the City asked to put the utility easement on the
projected block 15A 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.
17
City of Seward, Alaska Planning Commission Minutes
December 16, 2008 Volume 6, Page 2 3 9
Mahoney clarified other properties for exchange had been negotiated with Bob Hicks. She
explained egress and ingress to the Park and the access agreement.
In response to Ecklund, Mahoney discussed the land exchange in greater detail and noted
that AVTEC 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 be sent to Council.
Motion (Roach'/Ecklund)
Motion Passed
Amend Resolution 2008-17 by changing
the current Section 2. to Section 3. and
add a new Section 2. Signage on Second
Avenue be placed to identify the Two
Lakes Park location and Parks and
Recreation Maps should show access to the
area.
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 'Zoning District
Heinrich disclosed his wife was a CIRI shareholder and there may be a conflict of interest.
In response to Terry, Heinrich 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 Chair'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.
18
City of Seward, Alaska Planning Commission Minutes
December 16, 2008 Volume 6, Page 2 4 0
Doug Capra, inside city limits, discussed bunkhouse encroachment on neighborhoods and
noted his desire to make this a model bunkhouse. He noted the need to enforce privacy and
mentioned KFT had an employee contract and a resident supervisor for the bunkhouse. He
discussed the public hearing process and recommended Administration encourage community
meetings to streamline the process.
Fran Sedtik, inside city limits, testified 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 be 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 summer housing. He 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 bunkhouse. She noted legal bunkhouses
needed to be 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
commercial 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 definition.
In response to Roach', Terry stated this bunkhouse would serve the KFT offices and was
appropriate for the auto conunercial 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 but 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 bunkhouse rather
19
City of Seward, Alaska Planning Commission Minutes
December 16, 2008 Volume 6, Page 241
than an apartment.
Motion (McClure/Heinrich)
Approve Resolution 2008-18
Ecklund noted she'd like this built in another location and suggested it be 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 Conunission 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 City's 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 ofthe 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.
In response to Ecklund, Larry- discussed the easement, the vegetative barrier and building
requirements.
The 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
20
City of Seward, Alaska Planning Commission Minules
December 16, 2008 Volume 6, Page 242
of the project the applicant shall plant an 8
foot vegetative greenbelt barrier."
Motion Passed Unanimous
Main Motion Passed as Amended 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.
The 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
6:30-7:30 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 January 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
21
City of Seward, Alaska Planning Commission Minutes
December 16, 2008 Volume 6, Page 243
was: Sandie Roach'.
Administration stated this change could be done administratively.
Motion (Ecklund/McClure) Approve the October 21, 2008 Special
Meeting Minutes
Motion Passed as Amended Unanimous Consent
Informational Items and Reports (7Vo 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 of information to the City Attorney.
Heinrich connnented 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 — None
Commissions and Administration Response to Citizens' Comments — None
Adjournment
Meeting adjourned at 8:46 p.m.
Anne Bailey
Margaret Anderson
22
City of Seward, Alaska
December 16, 2008
Executive Liaison
(City Seal)
Vice Chair
Planning Commission Minutes
Volume 6, Page 244
23
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The Planning and Zoning Commission and the
Seward Bear Creek Flood Service Board
Are holding meetings to Revise Floodplain Management
rules included in SCC Chapter 15.25.
Meetings will be in the upstairs conference room at City Hall.
A session covering an introduction to the issues will be held
on Tuesday, January 20, from 6:30 p.m. to 7:30 p.m.
A second meeting to discuss suggestions, revisions,
modifications and adoption of a schedule will be held on
Thursday, January 22, from 6:30 p.m. to 9:30 p.m.
For more information, please contact
Community Development Director Christy Terry at 224-4020
24
1/15/2009 9:26 AM
Nand Richey