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HomeMy WebLinkAbout02172009 Planning & Zoning PacketSeward Planning Commission Agenda Packet Feb~ua~y 17, 2009 Special Meeting City Council Chambers Beginning at 7:30 pm Seward Planning ~ Zoning Commission Special Meetin Sandie Roach' Chair Term Expires 02/10 Sue McClure Commissioner Term Expires 02/10 Margaret Anderson Vice Chair Term Expires 02/09 Tena Morgan Commissioner Term Expires 02/10 Steven Heinrich Commissioner Term Expires 02/11 Christina Stauffer Commissioner Term Expires 02/12 Cindy Ecklund Commissioner Term Expires 02/11 Phillip Oates City Manager Christy Terry 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 rs 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 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 c~ Zoning Commission Special Meeting Agenda February 17, 2009 Page 1 7. Public Hearings Limit comments to 5 minutes. Those who have signed in will be given the first opportunity to speak) A. Unfinished Business Items requiring a Public Hearing -None B. New Business Items requiring a Public Hearing- 1. Resolution 2009-02 Recommending City Council and the Kenai Peninsula Borough Approval of the Preliminary Replat of Seward Small Boat Harbor, South Harbor Addition Located Within the Harbor Commercial District ............................................................................................ Page 4 2. Resolution 2009-03 Granting a Conditional Use Permit to Captain Jack's Seafood Locker, to Operate a Commercial Seafood Processing Business on Tract A, Leirer Subdivision, Located at 1605 Leirer Road Within the Industrial Zoning District ................................................................ Page 9 3. Resolution 2009-04 Granting a Conditional Use Permit to Blue Rose Enterprises, to Remodel and Operate aMulti-Family Structure, Adding Five (5) Additional Units, For a Total of 14, Located at 200 Washington Street (Historically Known as The Buick Building) Within the Central Business District ........................................................................... Page 23 8. Unfinished Business -None 9. New Business - A. Resolution 2009-OS Allowing an Alaska Harbor Observation Network Tower as an Unlisted Use per Seward City Code Section 15.10.130, in the Harbor Commercial District .................................................................................. Page 44 B. Confirmation of Commission's wishes on the Flood Plain Ordinance UpdatePage 60 ~ C. January 20, 2009 Special Meeting Minutes ............................................... Page 61 10. Informational Items and Reports (No action required)- A. KPB Ordinance 2009-09 An ordinance creating a flood Hazard district, outside the flood insurance rate map .area, within the Seward-Bear Creek Flood Service Area to iliclude the 1986, 1995, and 2006 KPB GIS mapped flood data Areas .................. Page 68 11. Commission Comments Planning & Zoning Commission Special Meeting Agenda Febra~tiary 17, 2009 Page 2 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 Special Meeting Agenda February 17, 2009 Page 3 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-02 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL, AND KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPEAT OF THE SEWARD SMALL BOAT HARBOR, SOUTH HARBOR ADDITION, LOCATED WITHIN THE HARBOR COMMERCIAL AND PARK ZONING DISTRICTS WHEREAS, administration, hired Cline and Associates Land Surveyors to prepare a preliminary plat of the new City-owned lands commonly known as the south harbor uplands; and WHEREAS, Cline and Associates submitted, on behalf of the City of Seward, a preliminary plat combining the newly formed area known as the south harbor uplands with portions of the existing Small Boat Harbor subdivision, the Laubner Addition and the Alaska Tidelands Survey 174 creating Lot 17A, Block 6, Seward Small Boat Harbor South Harbor Addition; and WHEREAS, this platting action will vacate interior lot lines creating a single lot of approximately 9.63 acres in size which will provide legal access from the Fourth Avenue right-of- way; and WHEREAS, this property is currently zoned Harbor Commercial (HC) and Park (P) the replat does not create any non-conforming structures or lots; and WHEREAS, no subdivision installation agreement is necessary because this lot is currently serviced by municipal roads, water, sewer, electric and other utilities; and WHEREAS, the proposed platting action provides utility and access easements for all existing utilities and current accesses; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and WHEREAS, as required by Seward City Code § 16.01.015, Conditions to plat approval, property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with a public notice sign. Seward Planning and Zoning Commission Resolution No. 2009-02 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends that, in accordance with Seward City Code Section 16.01.015 (B), the City Council approve the submittal of the Small Boat Harbor, South Harbor Addition to the Kenai Peninsula Borough for approval. Section 2. The Commission further recommends Kenai Peninsula Borough approval of the Small Boat Harbor, South Harbor Addition. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 17~' day of February 2009. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: Vacant: ATTEST: Jean Lewis, CMC City Clerk (City Seal) P&Z Agenda Statement Meeting Date: February 17, 2009 To: Planning and Zoning Commission Through. Christy Terry, Community Development Directo From: Donna Glenz, Associate Planner~G Agenda Item: Resolution 2009-02 recommending City Council and Kenai Peninsula Borough approval of the preliminary replat of Seward Small Boat Harbor, South Harbor Addition, located within the Harbor Commercial and Park Zoning Districts BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to City Council and the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Cline and Associates on behalf of the City of Seward. In accordance with Seward City Code (SCC) 16.01.015(B) No preliminary plat of city-owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without the prior consent of the City Council. The resolution before the Commission today deals solely with the platting action of the South Harbor Uplands and access area. This area which has become known as the south harbor uplands was built by the Army Corp of Engineers from the dredging spoils of the work done in the Seward Small Boat Harbor. SUBDIVISION REVIEW: Zoning: This platting action contains areas in both the Harbor Commercial and Park Zoning Districts. Once the platting action has been completed the zoning of the uplands will continue in a cardinal line across the fill area to the center of Resurrection Bay per SCC 15.01.030 (e)(7) Official maps. Size: This platting action will vacate interior lot lines creating a single lot of approximately 9.63 acres in size which will provide legal access to the Fourth Avenue right-of--way. Lot 17A exceeds the development requirements required in SCC Table 15.10.220 for both the portions within Harbor Commercial and the Park Zoning Districts. The replat does not create any nonconforming or encroachment issues. Utilities: The property is served by ail necessary utilities; therefore a subdivision agreement is not Page 1 of 2 ~P required. The proposed platting action provides utility easements for all existing utilities and current accesses. Existing Uses: The property currently contains the City boat launch, parking lot areas, a summer RV camping area, access to the south uplands fill area, access ramps for S and Q floats, restrooms, the oil collection site and numerous City utilities. Flood Zone: Portions of the property are located within a FEMA mapped High Velocity Hazard Zone (V- Zone). Areas determined to be within the V-Zone are detailed on the plat CONSISTENCY CHECKLIST: Where applicable this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Staff Comments; Community Development staff has held several meetings with department heads to review and discuss this platting action. All concerns have been addressed and the City department heads recommend approval of this preliminary replat. Public Comment: Property owners within three hundred (300) feet of the proposed platting action were notified of this platting 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 the time of this publication, one public comment had been received. A verbal question on location was clarified and the inquirer voiced no other concerns with the replat. If any additional correspondence is received after publication of this agenda statement, it will be presented as a lay down item at the Commission meeting. RECOMMENDATION: Approve Planning and Zoning Resolution 2009-02, recommending City Council and Kenai Peninsula Borough approval of the Seward Small Boat Harbor, South Harbor Addition platting action. Page 2 of 2 ------ scum nnneaR sr. Lor I ~ L - - - BLOCK 8 Il g 6(i' ' i m° LDT z ~ '~ 3 ~ r ~ i 2F mZ 6 ~ _ _ - ~ 68~ ~ I 80' ~ OCEAN NFW sueo I BLOCK ] ~-- - -I VAN BUREN ST. - _ - I 60' I ~ ]7 i -I NOTES d I These parcels are sabxcr m fne city of seward's zoning WASTEWATER DISPOSAL rs s~ I a d lend use regulations roI Plans /or wastewater dispose( fhvt meet regulatory r~4j 2 No permanent structure may be constructed or placed requrrem en is are on fle of the Department o/ - I within o u(dity easement which would in ferlere with the En vironmen tat Conrervofion J ~~I~ ability of o Utlity to use the easement. ???rrr~~~ BLOCK 6 116 3 Lots w'thrn this subdi vision ma be located within / ~ ~~ - I tA: /SEWARD SMALL BOAT MAR6aR Y - -~- ~ I o designated flood hazard area. if this is the / ~ ~ / l ~ I case, development must comply with (he Gty of / /r i Sewvrd's Floodploin Management Regulations. A ~'' / / r/ // ~7 IS IS l1 survey may be requvedofv determine the elevvtrvn oI / ~ / / / (, I y ' / the property prior to c nsfrucfron / ,pl` / ~,9 / r L7 L ~ NU I / / / F /I ~~J / / ~i /, A rs 174 ~h;, ,, ..ens ~ '~ °'M~ Seward Boat Harbor / / / / / ~~ ~~ ,,, w9, "Lr. ~/ , -. ~~'> I~ i~ / / ,/ G I I ~,,, ~I , d ,/ ,/ /, / f IEt ~ - - ---_- M4_ -~_ / ---~- -_-]/ I I ~: 'f- _ _ / / ~~ I ;I v ---rnve•w ------ - s _ 4" i f" 17 ~-; ~ .- ___________ 5 o.w... ~ _ _ ~ ' ~ \ COT 17A ram,,,,--'1~ ....w , - -~~ I ~~^ 9.63 Ac.w'~~ i-M~ i,•LAl1dKE2-m~------ ~' -~-M Ir, AaornoN~~~ -------~'' ~_ W'•~ - -Lux r- - -~< I-"`•~"' z6 aF...]",rw ~? ATS 174 & I m~ U'~ ~'; Resurrection Boy BLOCK e _... \ \ ~ 81 3 ~ ,.W I ~"^ -"~I ~I UPLANDS LINE TABLE , 00' y ~ / ~., m ~ ~ LINE BEARING DISTANCE ~ ~ °} .. M1 ~'t~°' h~ . '•~I ~ _ ~ I ~ .f? 80~ BLOCK ]\ `~ SURVEYOR'S CERTIF/GATE `, I hereby certi/y that; I am proper/y registered and licensed to practice land surveying in the State of Alosko, this plat represents a survey made by me or under my direct supervision. the monuments shown hereon actually exist as described, and all dimensions and other details are correct to the normal standards of practice o/ land surveyors in the State of Afaska, Dote p~•~P..••• ~~ .. Ii jc;: ~ 49th ~ '+,~ II ~..... ~ ................... •................ ~. ~ Y 11 ~'•,Wm. Nicholas Cline 1~s • N LS-7569 •yL-l" ~ 1141 a " .......•'~p.• 41'4~iu~ ~~ .• i, Iii I 33 I ~'~ 34-~ 35 ~~6°I 71 3 w T1N " ~,~ i ~ ~ ns t ~ i 4 - ~ ~ , :.3 ~ :... , l i ~~ V,[ 7hta ~~ .~ Plot ~ y11! Re urrectio @oy 9 ~~ ~#L~~1~ 11 12 ~~ a = VICINITY MAP 1 "=1 MILE CERTIFICATE OF OWNERSHIP AND DEDICATION We hereby certily that we ore the owners o/ the real property shown and described hereon and that we hereby adopt this pion °/ subdivision, vnd grant all eosemen fs by our tree consent. City Manvger City o7 Seward P.O. Box !67 Seward, AK 99664 FOR: NOT SUBSCRIBED AND SWORN 70 BEFORE Mf THIS DAY OF PO NOTARY FOR ALASKA MY COMMISSION EXPIRES PLAT APPROVAL This plat was approved by the Kenai Peninsula Borough Planning Commission at the meeting of.' L 1 S53'0T38 E 85. SB' L2 589'45'05'£ 29.3/' L3 N68Y76'13"E 67.44' LEGEND Borov gh O/I'cial L4 N29'38 30 "E 15.82' Ls soG•44'12"E ra.9o' $. Found Monument PRELIM/NARY PLAT L6 52937'44°W 35,40' • Found PK Nail f9 Found RB & AL Cap SEWARD SMALL BOAT HARBOR MEANDER LIN E TABLE ~ Set RB & PI. Cap SOUTH HARBOR ADDITION LINE BEARING . ' " DISTANCF ' • Found Rebvr A RESUBOMSION OF MI 563 08 23 E M2 533'57'21 E 53.96 74 25' Up/ones Parcel Boundary . LOT 17, BLOCK 6 SEWARD SMALL BOAT HARBOR M3 579'55'08"E . 88 41' ---- Tidelands Parcel eoundory PLAT NUMBER 2000-19 M4 N89'18'47"E . 76279' - ~ - - ~ ~ Vacated Property Cines LOTS B THROUGH 20, BLOCK 8, LAUBNER ADDITION MS N3774'23"E 379 72' ----------- Existing Eosments PLAT NUMBER 2 M6 N59'S9'20"E . 21.95' ----------- Proposed Easement AND A POR710N OF ALASKA 710ELANDS SURVEY 174 M7 563'44'49"E 19.33' -.- Sanitary Sewer PLAT NUMBER 39 M8 sorls'3s c 2s.9G' _ Waterline ~- LOCATED IN THE SW 1 /4 SECTION 3 M9 53024'08°W 42228' -'°-'°- Storm Drain T1S, R1W, SEWARD MERIDIAN, ALASKA M7D 557.54'37 "W 13136' -`- underground E~ectrlc KENAI PENINSULA BOROUGH M)1 SJl'23'33"'W 741.12' -'- Overhead Utility Imes CITY OF SEWARD M72 SBO'S7"09"W M13 572'40'00"W 83.92' 538 14' t9 Sewer Manhole 8 Water ~ Nve Bax SEWARD RECORDING DISTRICT , >K F(re Hydrant CLINE AND ASSOCIATES CURVE DATA ® Storm Drain Manhole CURVE LAND SURVEYORS RADIUS DELTA LENGTH CHORD BEARING ar~ Power Po/es C7 217.00' 1653'54" 64.00' 63.77' N0876'S9"E F Guy Anchor 416 4th AVENUE PO BOX 2703 SEWARD, AK 99664 m Electric Facilities (907) 224-7324 FAX (907) 224-6088 Approximate Flood HOZOrd Zona Bou ^+L da i FIRM OATE.• 02 71 2009 SCALE: 1" = 700' - -~ ~~-- n r es per 7720012 3265 A, Doted DRAWN: WNC FD. BK.: 08-07 Moy 79, 7987 DRAWING NO.: OB-46PP2 K. P.B, F/LE 1Y 2009- Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-03 A RESOLUTION OF THE SEWARD PLANI~TING AND ZONING COMMISSION, GRANTING A CONDITIONAL USE PERMIT TO CAPTAIN JACK'S SEAFOOD LOCKER TO OPERATE A COMMERCIAL SEAFOOD PROCESSING BUSINESS ON TRACT A, LEIRER SUBDIVISION, LOCATED AT 1605 LEIRER ROAD WITHIN THE INDUSTRIAL ZONING DISTRICT WHEREAS, Captain Jack's Seafood Locker has applied for a Conditional Use Permit (CUP) to operate a seafood processing business on Tract A, Leirer Subdivision; and WHEREAS, the property is located North of Port Avenue on the West side of Leirer Road, within the Industrial Zoning District (I); and WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225}, commercial seafood processing businesses are allowed within the Industrial Zoning District (I} by Conditional Use Permit (CUP); and WHEREAS, having complied with the public notification process; on February 17, 2009, 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. In accordance with SCC § 15.10.320 (D), the Planning and Zoning Commission has reviewed the applicant's request for a CUP to operate a commercial seafood processing business on Tract A, Lierer Subdivision, and declared the following Findings of Fact: 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. The property is located within the Industrial Zoning District (I). The Industrial district is 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 neither properly associated nor compatible with residential land uses. It is intended to provide environmental safeguards for people employed in or visiting the district. Commercial seafood Seward Planning and Zoning Commission Resolution No. 2009-03 Page 2 of 4 processing businesses are allowed in the Industrial Zoning District by Conditional Use Permit. 2. The value of adjoining property will not be significantly impaired Finding: This condition has been established or shall be through the conditions. The neighboring properties are commercial uses which predominantly provide services and/or support for the harbor area. Other structures on the same parcel provide heavy marine repair services. The area adjoining to the west and northwest is the Alaska Railroad right-of--way, with a parking lot and the train loading and unloading area. The parcel to the east and northeast across Leirer Road is leased by Icicle Seafoods and contains warehouses; storage and the bunkhouse for Icicle Seafoods. These areas North of Port Avenue are in the Industrial Zoning District. Parcels to the South of Port Avenue, contain the Icicle Seafoods processing plant, the City dock area and the structures known as the "Train Wreck." The areas South of Port Avenue are within the Harbor Commercial Zoning District. There is no indication the commercial seafood processing business will negatively impact the value of any of the adjoining properties or businesses. 3. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This Condition has been met. The Seward Comprehensive Plan and the Strategic Plan support the attraction of new business and industry to the greater Seward area. The expansion of the commercial seafood processing business is consistent with these plans. Seward 2020 Comprehensive Plan (approved by Council, 2005) The Comprehensive Plan recommends a stable economic environment, economic diversity, year- round businesses, environmentally responsible industry and employment that promotes a high standard of living. ~ Promote expansion and development of local entrepreneurial businesses. (page 16) Strategic Plan (1999) The Strategic Plan encourages development that promotes economic diversity, encourages growth of year-round businesses, and desires environmentally-responsible industry. (page 3) 4. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been established or shall be through the conditions. Water, sewer, and power are available to the property; however City staff has indicated that upgrades to the services may be required to adequately cover the increased demand. The applicant has met with City staff and is aware of and continues to work with staff to complete these upgrades. Adequate fire, police and solid waste disposal services are ~~ Seward Planning and Zoning Commission Resolution No. 2009-03 Page 3 of 4 available to the property. City code also requires that every building or building site within the City must provide containers suitable for refuse collection (SCC 14.05). 5. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been established or shall be through the conditions. There is no evidence the commercial seafood processing business will cause any additional concerns to public safety, health or welfare. Any interior remodeling construction shall meet all current building and fire code requirements and be reviewed through the building permit process. The applicant has provided an onsite parking plan depicting four (4) required parking spaces based on the square footage of the building. 6. Any and alt specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. The applicant shall continue to work with City staff through the building permit process to address and accomplish all required upgrades to the public utilities before a Certificate of Occupancy shall be issued. 2. All transportation of product, both to and from the business, shall be contained and moved within "street legal" vehicles. 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. Section ~. The Planning and Zoning Commission finds 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 6, are met by the applicant, and authorizes the administration to issue a conditional use permit to Captain Jack's Seafood Locker to operate a commercial seafood processing business at 1605 Leirer Road, Tract A, Leirer Subdivision, subject to the above conditions. Seward Planning and Zoning Commission Resolution No. 2009-03 Page 4 of 4 Section 3. The Planning and Zoning Commission fords 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 17~' day of February 2009. THE CITY OF SEWARD Sandie Roach,' Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: One ATTEST: Jean Lewis, CMC City Clerk (City Seal) r. -- P&Z Agenda Statement Meeting Date: February 17, 2009 Through: Christy Terry, Community Development Di ctor From: Donna Glenz, Associate Planner ~~w Agenda Item: Resolution 2009-03, granting a Conditional Use Permit to Captain Jack's Seafood Locker to operate a commercial seafood processing business on Tract A, Leirer Subdivision, located at 1605 Leirer Road within the Industrial Zoning District BACKGROUND & JUSTIFICATION: Applicant Elle Zernia of Captain Jack's Seafood Locker has applied for a. Conditional Use Permit (CUP) to operate a commercial seafood processing business on Tract A, Leirer Subdivision. This property is owned by Port Investments and the applicant has leased the building location from the owner. The property is located north of Port Avenue on the West side of Leirer Road, within the Industrial Zoning District (I). Captain Jack's Seafood Locker has been in business within the Small Boat Harbor area for approximately nine (9} years. This operation has offered both sport fish and commercial processing out of the same location. The applicant intends to move the commercial processing portion of the existing business to the new location. The Industrial district has been 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 neither properly associated nor compatible with residential land uses. It is intended to provide environmental safeguards for people employed in or visiting the district. In accordance with the Land Uses Allowed Table (15. i 0.225), commercial seafood processing businesses are allow within the Industrial Zoning District (I) by Conditional Use Permit (CUP). SURROUNDING LAND USE AND ZONING The neighboring properties are commercial uses which predominantly provide services and/or support for the harbor area. Other structures on the same parcel provide heavy marine repair services. The area adjoining to the west and northwest is the Alaska Railroad right-of--way, which contains a parking lot and the train loading and unloading area. The parcel to the east and northeast across Leirer Road is leased by Icicle Seafoods and contains warehouses; storage and the bunkhouse far Icicle Seafoods. These areas North of Port Avenue are in the Industrial Zoning District. Parcels to the South of Part Avenue, contain the Icicle Seafoods processing plant, the City dock area and the structures known as the "Train Wreck." The areas South of Port Avenue r~ '~ Planning and Zoning Agenda Statement Resolution 2009-03 Pa e 2 of 3 are within the Harbor Commercial Zoning District. There is no indication the commercial seafood processing business will negatively impact the value of any of adjoining properties or businesses within the Industrial or Harbor Commercial Zoning Districts. Floodplain status: According to the FEMA Flood Insurance Rate Map, this property is not located in a flood hazard area. Utilities: The property is served by existing public utilities and developed streets. City staff has indicated that upgrades to the services may be required to adequately cover the increased demand. The developer has been made aware of these possible upgrades and will continue to work with staff, through the building permit process, to address and accomplish these upgrades. Adequate fire, police and trash services are available. Parking: Seward City Code § 15.10.21 S Parking, requires four (4) onsite parking spaces be provided. The applicant has provided an onsite parking plan depicting the four (4) required parking spaces based on the square footage of the building. Public Safety, Heath and Welfare: Any interior remodeling construction shall meet all current building and fire code requirements and be reviewed through the building permit process. Seward police chief requested information regarding the transport of the product both to and from the processing location. The applicant supplied the requested information, noting that all transport of product will be contained and transported in "street legal" vehicles. The police chief was satisfied with the plan and noted he had no further concerns. There is no evidence the commercial seafood processing business will cause any additional concerns to public safety, health or welfare. CONSISTENCY CHECKLIST: Yes No Seward 2020 Comprehensive Plan {approved by Council, 2005] X The Comprehensive Plan recommends a stable economic environment, economic diversity, year- round businesses, environmentally responsible industry and emplayment that promotes a high standard of living. • Promote expansion and development of local entrepreneurial businesses. (page 16) Strategic Plan {1999) Yes No X _ The Strategic Plan encourages development that promotes economic diversity, encourages growth of year-round businesses, and desires environmentally-responsible industry. (page 3} Property owners within three hundred (300) feet of Tract A, Leirer Subdivision 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 § 1 S. Ol .040 were complied with. Planning and Zoning Agenda Statement Resolution 2009-03 Pa e 3 of 3 At this time of publication of this report, staff has received no public comments. If any comments are received after this publication, they will be presented as a lay down to the Commission and the public at the February 17, 2009 meeting. RECOMMENDED CONDITIONS: 1 • The applicant shall continue to work with staff through the building permit process to address and accomplish all required upgrades to the public utilities. 2• All transportation of product, both to and from the business, shall be contained and moved within "street legal" vehicles. 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. RECOMMENDATION: The Community Development Department staff recommends approval of Resolution 2009-03 granting a Conditional Use Permit to Captain Jack's Seafood Locker, to operate a commercial seafood processing business on Tract A, Leirer Subdivision. Resolution 2009-03 includes the conditions recommended above. `r.~ ,. ..e.~o.._..~9yd ,.me.........~ad bUOZ ~ '~ ~`~;;~~} ~3n1~~~~ 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 13) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting held the first Tuesday of each month. The application must be accompanied by the $250.00 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 r ~ -~ ~ ~"~~~'`" I c Applicant:~ef~~~lr~ -.~~L.~S ~~C~~~(~C~~ (.--~~C.,) ~~ i Address: ~ L~ _ ~~~x (p~'3„~- ,~;~~~.~elephone No.: ~(~~- ZZL~ - ~(~~Z Property Owner (if other than applicant): ~~`~ ~_~}~ ~~ ~ (~,'~ ~_-~~"(~ ~ Address:~~~ , ~~ X Telephone No.: ~C~~-~ Z ~ - ~g,~ ~-~' PROPERTY DESCRIPTION 0 Address: ~...~? I,~-~~.r" ~~ . Lot Size: ~ ~ ~ ~ a.~c~acres/SF) ~~~~~ wort' Block Subdivision ~~ w+f'p`,~" ' ~~~,u~.s~"~~,a.ll Tax Parcel No. ~ S'~s~`~ ~~ Land Use Plan Designation: Zoning Designation: 1 Y1C,l.U,S~1f"IC~ DEVELOPMENT PROPOSAL INFORMATION F ~ ~ .~ A. What structures are located on the property? ~~ `~ ~ ~ ~ ~ i .1 ~ ~~ ~ T B. What is the existing use of the property? (~ ~~ VP ~'~ (~ L~ j C. What is the proposed use of the property SpT1 ~~ I~ C ~ '~ I ~ ~; l .. v'Z~ C~. ~) 1~. D. What is your development time schedule? ~ ' V ~ ~ ~ 1~ fl ~ (1 CUP PERMIT 11/99 1 of 3 ~~ h E• Prior to the Seward Planning and Zoning Commission granting a Conditional Use Per ' (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 ur ose of the zoning district: P p s 1-~ S 3• The proposed use is in harmony with the Seward Comprehensive Plan: ~~~ '4'• Public services and #acilities are adequate to serve tha nrnnncorl „~.,. ''RECE~VEC~ CUP PERMIT 71 /98 ~1 JAN 2 ~ ~ i~ G ~ I Per ............. 2 of 3 PAGE_....0~..:. 2• The, value of the adjoining property will not be significantly imnaircrl• 5. The proposed use will not be harmful to the public safety, health or welfare: 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. F. ,Include building elevation plans and a site plan, drawn to scale. 'The site plan should include: a) property dimensions; b) location and dimensions of existing and planned buildings; c) parking configuration; d) driveways/access; e) natural features; and f) other pertinent information. I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge, and that I, as applicant, have the following legal interest in the property: ( - 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: 5250 (/~ Site Plan (,~ Elevation Plans ( ) Location Map ( ) -Other ( ) .~ ~~C~~~~~ Percc.__.~_s.~.,, CUP PERMhT 1~ l99L ' ' ' ' ~ ~ ~_ _ ~ _ "` I~ -~ 3of3 i k c ; ,_ January 30th, 2009 r- r. ,~ , ~ 1 t ~ To: Donna Glenns Re: Additional information for Captain Jack's Commercial Processing Plant Hi Donna, After talking to you on the 28th, I am writing to clarify some of the concerns we discussed. I want to address the issue of utility services. We are working with a licensed electrical contractor to draw up plans and load calculations to obtain a city building permit. Service Electric is the contractor we have chosen to complete this work. If we find that the existing power supply to the building is not adequate, once these calculations have been made, we will request to have additional power brought to the building. The owner of this building, Jerry Walheizer, has been working closely with the Public Works Director to connect city water service to the building, which is currently on a well. This has been approved, and Metco has attempted to install the service. Unfortunately, the weather is too cold to dig at this point, and they will connect the service when the weather warms in the spring. This brings me to the topic of drains and waste water. We will be installing drains in the existing concrete floor to fulfill requirements by the Department of Health. We currently have these same drains in our facility on South Harbor Street. They are required by the DEC in the event that water should get on the floor; so it can drain away and nat become a hazard. Although, with the way we utilize our sinks as cutting tables when. we process our seafood, very little water ever gets on the floor. When we purchase halibut and black cod, we work with a "primary processor" such as Icicle Seafoods. They offload, land, wash, and package our product in sealed containers for our pick-up. This is usually a seafood box with a lid that is banded shut. Because of this, there is very little slime or blood left when we receive the product. This is also hove we have been receiving our salmon for the past three years. For this reason, the amount of slime and blood that goes into the City sewer system is minimal. It is also something that has been happening for the past decade at all the small fish processing facilities in town. We are required by the DEC to remove all processing waste (carcasses, skin, scraps) in a way that is environmentally responsible and meets DEC standards. In some cases, we return the waste to the primary processor from which it was purchased for them to discard. If that option is not available, we take covered containers of waste out on a vessel and sink it in the manner that is required by our permit with the DEC (much the same as the Harbor Department disposes of the fish remains in the "gut-barges"). The DEC, who issues seafood processing permits, has an ongoing inspection process, and ~~ dealing with waste is something they continually monitor. We do not at any time we leave uncovered containers with fish or waste outside, which could become a hazard to birds and/or attract other wildlife. There are many different aspects to my business at Captain Jack's. Things that are done in relation to my sport processing aze not necessarily done with my commercial processing. Our "fish taxi" is only used for our transport of our product for sport processing in the small boat harbor, which we have been doing for nine years. For our commercial fish, our street legal flat bed truck would be used for the transport offish totes and our street legal box van is used to transport boxes. All of these vehicles have insurance for safety. I asl~ everyone to keep iu mind that I will not be doing anything "new". I have been processing sport fish for nine years and commercial fish for three years. My current facility has, to this point, been utilized for both forms of processing. The new facility will allow us to separate the commercial processing from the sport processing which will remain at the existing location. Through my business I provide local youth with jobs and provide a useful service to the public. I am proud to be able to sell Alaskan seafood all ovex the country with Seward's name on it. I have a good reputation as an honest processor and my husband and I do everything we can to help make people aware of Seward as a tourist destination. I ask that anyone who has any questions please contact me, I would be happy to chat. I will also be attending the Planning & honing meeting on the i 7`s of Feb if there are any addi#ional questions or concerns. The building owner will also be present if there are any questions for him. Thank you, Elie hernia ~~ ~~ cwt ~ ~ 1?`~x ~ ~~ i : ~~. / r y,, ~ r~ k, Y F 3"j },i Y3`r~'a' q~ 4 7Y ^ f F ~iY_1 t f Sy ~ ~ ~. ~' r ', _ , ,~~ a ~,} ~ ~~~ ~ ~~~~g .~ ~' ~ ~ `~ } J 1 ~_ ., )7 'I •. , ~ j ~ r 7 E ! ~ ~ ' an' f.. ~ ~ .~ ~~ Fz v ~` f` N r -/ ~, 3 ~ {~~ Q ; 3 4; r ~,: ~i - ~.~ „ t' 1 ~ i L~l ~ _ '~ ,d~~ ~ ~ '`~ ~::; -. ~` 1605 Leirer Rd. ; ` .~ 7 .,. :' ` ~ ~ "~ ~ ~.~ ~- =r p e ,~ ~' L ,1 ~~ ~~ ~, ~a P ~.~ ~ ~ ..x..._ PO ~ ,r ~~ ~ ~ R r , , v ~~: , t k rs~ w `~ ~,~ r ~ R ~~ ,~ V~/ Captain Jack's Seafood Locker ~ P & Z Resolution 2009-03 N CUP-Seafood Processing Business 1605 Leirer Road 0 40 80 Feet SUp Alaska Mapa by Public Hearing February 17, 2009 ~ , ~ Company City Council Chambers - 7:30pm ~-- ~-- Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-04 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING A CONDITIONAL USE PERMIT TO BLUE ROSE ENTERPRISES TO REMODEL AND OPERATE A MULTI- FAMILY STRUCTURE, ADDING FIVE (5) ADDITIONAL UNITS, FOR A TOTAL OF 14, LOCATED AT 300 WASHINGTON STREET (HISTORICALLY KNOWN AS THE BUICK BUILDING) WITHIN THE CENTRAL BUSINESS ZONING DISTRICT WHEREAS, Blue Rose Enterprises, dba Buick Apartment Building, has applied for a Conditional Use Permit (CUP) to remodel and operate the current Buick Apartment Building by adding five (5) apartment units far a total of fourteen (14) apartments; and WHEREAS, the property is located at 300 Washington Street with a legal description of the West 50 feet of Lots 21-23, and all of Lot 24, Block 10, Original Townsite of Seward, within the Central Business Zoning District (CBD); and WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), multi-family apartments are allow within the Central Business Zoning District (CBD) by Conditional Use Permit (CUP); and WHEREAS, the current Buick Apartment Building was built before the requirement of a Conditional Use Permit as addressed in the Seward Zoning Code under Title § 15.10.315, H. Nonconforming lots, structures and uses; and WHEREAS, a use that was legal and did not require a Conditional Use Permit when it was initiated, but which would now require a Conditional Use Permit under the terms of this chapter, shall be considered a legal conforming use and may continue to exist as a conditional use subject to the provisions of this chapter and may be modified in accordance with section § 15.10.320. Conditional Use Permits; and WHEREAS, having complied with the public notification process; on February 17, 2009, 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 Conunission that: Section 1. In accordance with SCC § 15.10.320 (D), the Planning and Zoning Commission has reviewed the applicant's request for a CUP to remodel by adding five (5) units and operate a total of 14-unit multi-family apartment building on the West 50 feet of Lots 21-23, all of Lot 24, Block 10, Original Townsite of Seward, and made the fallowing Findings of Fact: 7 Seward Planning and Zoning Commission Resolution No. 2009-04 Page 2 of 4 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 located within the Central Business Zoning District (CBD). Multi-family structures are allowed in the Central Business District by Conditional Use Permit. This building has contained and operated nine (9) apartment units on the upper level and has been used as amulti-family structure for more than 50 years. 2. The value of adjoining property will not be signifuantly impaired Finding: This condition has been established or shall be through the conditions. The neighboring properties contain a verity of residential and commercial uses. The parcels adjoining to the North are currently owned by the National Park Service and were purchased to one day provide parking for the proposed Mary Lowell Center. The parcels to the East are predominantly commercial businesses with a mix of residential apartments, which mainly front on Fourth Avenue, two small parcels front on Washington Street. The large, one owner lots to the south contain the parking lat and Seaview Plaza building. The parcels to the West, across Third Avenue, are the commercial Orca Building, several currently vacant commercial parcels, the Qutekcak Native Tribe structure, and amulti-family four-plex. All parcels are within the Central Business Zoning District. There is no indication the requested increase to the multi- family structure will negatively impact the value of any of adjoining properties. 3. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This Condition has been met. There is an identified community need for all types of housing in Seward, with a specif c bullet to encourage downtown apartments. The operation of the multi-family structure and the additional five (5) apartment units is consistent with the Seward Comprehensive and Strategic Plans. Seward 2020 Comprehensive Plan {approved by Council, 2005) The Comprehensive Plan recommends continuing every effort to encourage the development of affordable housing for Seward's growing housing needs. 3.2.1.2 Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations. (Bullets 2 and 3) • Evaluate mixed commercial and residential uses in the Seward downtown business district. • Encourage downtown apartments and other high density residential development, including seasonal housing at all market levels. Strategic Plan (1999) The Strategic Plan encourages the expansion and availability of affordable, diverse, year-round housing. (page 18) r~~ Seward Planning and Zoning Commission Resolution No. 2009-04 Page 3 of 4 • Seward has a wide range of housing alternatives to meet the varied needs of Seward's long term and seasonal residents. The Strategic Plan also promotes residential and commercial development inside the City (page 9). • Encourage construction of residential and seasonal housing at all market levels. 4. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been established or shall be through the conditions. Water, sewer, and power are available to the property; however City staff has requested the applicant to provide anticipated load increases. The applicant has been notified and is currently working to provide the requested information. Adequate fire, police and solid waste disposal services are available to the property. City code also requires that every building or building site within the City must provide containers suitable for refuse collection (SCC 14.05). All construction waste and debris must be removed weekly and upon completion of construction. 5. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been established or shall be through the conditions. Based on public comments on-site parking will be required as a condition for the additional five (5) apartment units. Although within the Central Business District no on site parking is required by City Code the applicant has indicated six (6) on site parking spaces are available. The current non-conforming multi-family use has not been required to provide on site parking. There is no evidence the operation of the multi-family structure and/or the addition of five (5) apartment units will cause any additional concerns to public safety, health or welfare. The construction shall meet all current building and fire code requirements and be reviewed through the building permit process. Adequate fire and police services are available to the property. 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned cattditions shall be met by the applicant These may znclude but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. Construction waste and debris shall be removed weekly and upon completion of construction project. A bear safe garbage plan shall be approved during the Building Permit process. 2. The applicant shall continue to work with staff through the building permit process to address and accomplish any required upgrades to the water, sewer and/or electric utilities. 3. Prior to the issuance of a building permit for the five (5) unit remodel, the ~~ Seward Planning and Zoning Commission Resolution No. 2009-04 Page 4 of 4 applicant shall submit a dimensioned site plan which identifies the on-site parking spaces for the additional five (5) units, and the vehicle ingress and egress route. 4. 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. 5. 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. Section 2. The Planning and Zoning Commission finds the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed in Section 1, Subsection 6 are met by the applicant, and authorizes the administration to issue a conditional use permit to Blue Rose Enterprises to add five (5) apartment units and to operate the multi-family apartment structure with a total of 14-units within the Buick Apartment Building at the corner of Third and Washington. Section 3. The Planning and Zoning Commission fords 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 17`" day of February 2009. THE CITY OF SEWARD AYES: NOES ABSENT: ABSTAIN: ~7ACANT: ATTEST: Jean Lewis, CMC City Clerk Sandie Roach', Chair (City Seal) C P&Z Agenda Statement Meeting Date: February 17, 2009 Through: Christy Terry, Community Development Director From: Donna Glenz, Associate Planner ~~~ Agenda Item: Resolution 2009-04 granting a Conditional Use Permit to Blue Rose Enterprises to remodel and operate a multi-family structure, adding five {5) additional units, for a total of 14, located at 300 Washington Street (historically known as the Buick building) within the Central Business District BACKGROUND & JUSTIFICATION: Applicant Maria Lewis of Blue Rose Enterprises has applied for a Conditional Use Permit (CUP) to modify the existing Buick Apartment Building by adding an additional five (5) apartment units to the existing nine (9) units, for a total of fourteen (14) units. This building was constructed before zoning requirements; therefare it has operated as a legal nonconforming structure and use. A use that was legal and did not require a Conditional Use Permit when it was initiated, but which would currently require a Conditional Use Permit may be modified in accordance with City Code § 15.10.320. Conditional Use Permits. Today amulti-family structure is allowed by Conditional Use Permit in the Central Business Zoning District (CBD), as per SCC Land Uses Allowed Table § 15.10.225. The Central Business District is intended to provide for convenient, attractive, concentrated commercial development intended far retail, financial, entertainment and professional services occurring within enclosed structures. SURROUNDING LAND USE AND ZONING: The neighboring properties are predominantly commercial. The parcels to the North are currently owned by the National Park Service and were intended at one time to provide for overflow parking for the proposed Mary Lowell Center. Properties to the East, both immediately adjacent and across the alley are commercial structures. The parcels to the South are commercial in nature and contain the parking lot and the Seaview Plaza. Parcels to the West contain the commercial Chugachmiut Orca Building on the corner, several currently vacant commercial parcels, the Qutekcak Native Tribe structure, and amulti-family four-plex structure. All adjoining parcels are within the Central Business Zoning District. No adverse impacts to adjoining properties or other properties in the neighborhood or the Central Business District are anticipated. Floodplain status: According to the FEMA Flood Insurance Rate Map, this property is not located in a flood hazard area. Utilities: ...~ Planning and Zoning Agenda Statement Resolution 2009-04 Page 2 of 3 The property is served by existing public utilities and developed streets. Staff comments have included the possible need for upgrades to the existing electric utilities due to the increase in demand by this proposed addition. The developer has been made aware of these possible upgrades and will continue to work with staff, through the building permit process, to address and accomplish these upgrades. Both the sewer and water utilities were recently upgraded to the existing parcel; further private upgrades may be required during the building permit process. Adequate fire, police and trash services are available. Parking: Seward City Code§ 15.10.215 Parking, does not require on site parking within the Central Business District. The legal non-conforming multi-family structure and use has been in operation for more than fifty years and has not been required to provide on site parking for the existing nine (9) apartment units. The applicant intends to provide six (6) on site parking spaces for the requested additional five (5) units. The Executive Director of SeaView Community Services has submitted written comment in opposition to the additional apartments due to possible future parking issues. (letter included within the packet) The Board President far SeaView Community Services has also submitted a letter of objection to the additional five (5) units due to possible future parking concerns. The owner of the commercial book store immediately adjacent to the Buick Building stated she has not had any issues with parking in the area. The owner of several properties to the east noted that her customers generally park on Fourth Avenue; she voiced a concern for the lack of parking for oversized vehicles during the summer months and noted the oversize vehicles used Washington Street to park on. She later submitted verbal comments to the Community Development Director against allowing the additional units because of concerns for future parking. {summary of verbal comments included in packet). Several other public comments have been received regarding possible future parking concerns; these comments have been included within the Planning and Zoning packet. Staff has verified with the Seward Police Chief that to his knowledge there has never been a parking complaint or issue with parking in the area of Third Avenue and Washington Street and he stated he had no reason to believe the additional units would cause any problems. Based on public comments on-site parking will be required as a condition for the additional five {5) apartment units. CONSISTENCY CHECKLIST: Yes No Seward 2020 Comprehensive Plan (approved by Council, 2005) X The Comprehensive Plan recommends continuing every effort to encourage the development of affordable housing for Seward's growing housing needs. 3.2.1.2 Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations. (Bullets 2 and 3) • Evaluate mixed commercial and residential uses in the Seward downtown business district. • Encourage downtown apartments and other high density residential development, including seasonal housing at all market levels. Strategic Plan (1999) Yes No X _ ^!`_ ~,1 Planning and Zoning Agenda Statement Resolution 2009-04 Page 3 of 3 The Strategic Plan encourages the expansion and availability of affordable, diverse, year-round housing. (page 18) • Seward has a wide range of housing alternatives to meet the varied needs of Seward's long term and seasonal residents. The Strategic Plan also promotes residential and commercial development inside the City (page9). • Encourage construction of residential and seasonal housing at all market levels. Property owners within three hundred (300) feet of the West 50 feet of Lots 21-23, all of Lot 24, Block i 0, Original Townsite of Seward 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 Cade § 15.01.040 were complied with. At this time of publication of this report, staff has received several public comments, which have been included within your packet. If any further comments are received after this publication, they will be presented as a lay down to the Commission and the public at the February 17, 2009 meeting. RECOMMENDED CONDITIONS: 1. Construction waste and debris shall be removed weekly and upon completion of construction project. A bear safe garbage plan shall be approved during the Building Permit process. 2. The applicant shall continue to work with staff through the building permit process to address and accomplish the required upgrades to the water, sewer and/or electric utilities. 3. Prior to the issuance of a building permit for the five (5) unit remodel, the applicant shall submit a dimensioned site plan which identifies the on-site parking spaces for the additional five (5) units, and the vehicle ingress and egress route. 4. 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. 5. 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. RECOMMENDATION: The Community Development Department staff recommends approval of Resolution 2009-04 granting a Conditional Use Permit to Blue Rose Enterprises, dba Buick Apartment Building, to add an additional five (5) apartment units, for a total of fourteen (14) and to operate the multi-family apartment building on West 50 feet of Lots 21-23, all of Lot 24, Block 10, Original Townsite of Seward. Resolution 2009-04 includes the conditions recommended above. y_ ~ DEC-3G-20C8 TUE 09:26 PIS .MUNITY DEVELOPMENT F~~ No. ~ X3224 485 P.[i42 ~, F2I~CEIUIe~ J~,P~ ~ '" 200y Per...... PAGE.__.~OF~~~~ CITY OP SEINA,Rp COIUlMUNITY DEVELdPMENT t1FFICE F'.O, BC~X ~ ~7 • u~'@W~rd~ /~61alSka 9~13~4 c90a~~ ~~4-mo~.:~ CDNDITIaNAL USE PER[Ilt[T APP~.lCAT[i7N x Tnis completed application is to be submitted to the Community peVelopm6nt Department r~o later tf~an three (3) weeks in advance of the next regularfy.schedulad Planning aril zoning Commission meeting held the ~firs# Tuesday of each month. ~'he application must be accompanied by the $250.oQ filfna fee; and if property .is already developed, an - uitt su vev prepared lay a surveyor registered in the State of Alaska; or scaled site and eteuation plans for u developed land. AF'P~iCANT INFQRPtAAT1011i Applicant; Blue Rose Enterprises, Inc. Address; P• O. Box 4 3 6, Seward , AK 9 9 6 6 4 Telephone No.: 9 0 7- 3 01- 9 0 6 9 Property Owner {if other than e,ppiicant): Address: Telepf3one No. c pROP~RTY bESC 1 T[t7N 300 Washington Street Address: 2 0 2 3rd Avenue , Seward, AK 9 9 6 6 4 1_ot Sizs: 7, 5 0 0 SF {acreslSF) Lot 21-2e B1oCk 10 SUbdiVlSlQrlOriginal Townsite of Seward TaX i~arcel N4, 1490$003 G ~ D _._..._... _._. Land Use Plan Designaticans °' *~ *~; ~ro~ ~.TT~o Zoning pesignatfon: Central Business District P~V1LaP ENT ROP'O~AL INFOt3MATION ' -4 A. What structures arelacatedoritheproperty7 4, 976 square foot two-story structure ~. Whet is the existing use of thepro{~ert~r? Apartments/mercantile C. What is the proposed use of the property R3 apartment house Q. What isyo~,rde+relopmenttimasoheduie? Begin Spring 2009, Completion Summer 2010 CUp PERMIT i u9s 1 of 3 s ~''. DEG-30-2008 TUE 03~2o PM ~. • ~, ~MUNITY DEVELC~P~iENT F,~,X Ido. ' 224 4QES ~. friar to the Seward Punning and Zoning Commission granting ~ Cor~ditianal Use Permit • iCUp), it shall be established that the use satisfies the following conditions {SCC § . 7 5.74.32©I; The aApiiaant hereby alleges that: 7 • The use is consistent with the purpose of tine Seward Zoning Code and the purposes of the zoning district: P. Q03 The proposed use is intended to provide additional apartments close ~2 public services,employment, and the Central Business District This use is consistent with the Seward Zonin Code and the zonina district . _ __.._,_,. ~• The. aaiue of the adjoining property wilt opt be significantly impairad: The adjoining properties will not be affected by the this proposed ro ert use, because the shell of the structure is not being a tered. ;cress to the h,t;ldina will continue to be on public sidewa s. 3. The proposed use is in l7armarty with the reward Comprahartsive Pion: dditional housing units will help creation of the Urban ential District b rovidin residential deve opment close rcial uses and employment. ~°" - 4. Public services and facilities are adequate to serve the proposed use: 0 The sewer service was recently upgrade in anticipation of increa_se_d t1ow.The, existing water service is ade uate for the intended use. There are six avai a e arkin spaces on-site and remaining parking is avai a e curb-side on Was inaton an it . 5. The proposed use vviil not be harmful to the pula[ic safety, health or v4reifares The proposed use will not be harmful to the public safety, health, re. The desi n wili~.be'in accordance with the current buildin co es.We are currently working with the Bui ing an Engineering Department an t e ire ie o insure w~e are in compliance. Any and all specific conditions de+amed necessary by the commission to fulfill the above- mentioned conditions sh$II be met by the applicant. These may include taut are nQt limited fio measures relative to apcegg, screening, site develaprnent, building design, apsrafiion of the use and other similar aspects related to the prepose,~ use. I~IwC`~I~1~.L~ CUPPER1u11T tq/SS ~,. . ~~ PAGE.~._~DF.,s~ . ,;~~, 2af3 DECO h~~-`2`[~~1~$. TUE ..0~:,2~7 Pi~f ~i~lUi~fTY- DEVEt~P~~E~~T f,~X Nb• .>22~ ~a$~ P: O`4~ .. ~• lncJude building ete~a#ion plans and a site ~if~n, rirawrr<to scale, 'The_site plan slz~vuid' _:. ; ,; Include: a} prvperCy dimensions; bJ lpcation anti dtmerisians t~# ~existi>~g land plannec~~_ ._ buildings; c1. parking oonfiguratic~n, d} tlriv~vrays/access;, e1 natural f~atur~es; .and . f .• other pertinent information. i teraby eeRify `~~at the abnue stet©msnts and other information subrnitCed ~re.'Ctuq and accurate ~ro the bes~C ref my knawietfgs~, and that f, ~s. applicant, have Ilya friElAwing legal::.: <, interest in the property: (~} owner of recprd i) ~,essee; ' ! f ~ Gvntract Aurchaser; [ }. Aut€orized to acs for a=person who leas the fQilowirtg l~gai tr~terestc also, understand that this item will be saf~eduled tor. ac#ion cniy if all applicaxinn materials aCe: submitted' net less than three weeles in advance df the noxt,r~gularly scl~otluled planning and :Coning Cvmmis~iari rnee~;ir19 hoici the first Wcc(nosdiay of'each rnonxh. Applican't`s Signature: _ /, !'rap.erky C?wrter`'s Signatures Enclosed: ~c:e: $250 Situ psan Cidval:ion Pi~srts ~.acntiora Mai O'thdr ~--t (~ _ { „)'~ ~~~ i~ _i,~~~ ~ ZCU9 Per. ~_e.e. PAGE.._._CFe~.~ 9 ~ .. 3 of 3 Page 1 of 1 Donna Glenz From: Maria Lewis [maria.prokop.lewis@gmail.com] Sent: Monday, January 26, 2009 10:29 PM To: Donna Glenz Cc: 'Steven Lewis' Subject: Buick Building Conditional Use Permit Application Attachments: Buick Apartments Elevations.pdf; Buick Building Survey_2006.pdf; Buick Building Conditional Use Permit Application.PDF Dear Ms. Glenz, In December I spoke with you about our interest in using the downstairs section of our building for new apartments. You told me that we would have to apply for a Conditional Use Permit that would have to be approved by the zoning commission. The building currently has nine apartments upstairs, and we are proposing to add five more apartments downstairs. The upstairs is residential apartments and the downstairs is listed as mercantile. We would like the entire building zoned as residential only. We think these changes will bring a more uniform use to the building and provide much needed housing to the downtown area. Steve Lewis also spoke with you in person a couple weeks ago about the permit application. He said we needed to have it in by tomorrow to get in on the agenda for the February 17 meeting. Attached is an electronic copy of our application and a couple drawings. I will be mailing a hard copy of the application and check tomorrow. If you have any questions, feel free to contact me by phone at 907-301-9069 or by email; maria,prgkop_lewis@gmail_co_m. Thank you for all your help. Maria Maria Lewis Blue Rose Enterprises, Inc. P.O. Box 436 Seward, AK 99664 Tele: 907-301-9069 Fax: 907-929-2393 1. :_ i ~. ~r~ _. u ~J E~ O ~~_~ _~~ ~+~/ ltVl ~. {~C~~^ r"",~. RECEl~ ~ ~~ W--J d ~~ ~~ r~ i l r~ 3 ~. E. ~ ~.. ~ .> Per.o.e_e _t~..o PAGE_°em_OF_.., ~~~~ ~.r Date: 23 Jul 2008 66' ROW `CJ V EY, ~`r~r~et (` r~ on ~~ ~~ /~ u- V N r~ ~'" l ^.J ~' ~v f_ ~c~~ ((/ ~ - _~.. _ ~__--__ --- __ ~ ~' ~ ~~ ^c ~ o ~~ ~~~~C~~~c~t~ 0 ~~ _ L 7 ~~ c _~_ this mortgage location sl.lrvey was prepared for Raymand & i<r-istie °-~`) Harris and it should only be used for a single propert transa ti ( ~~ ~ i`~ { y c on. Re-use of Phis drawing by the originaM client ar by others, ~ for additional rases at o later date without ex (ai~j ress consent P of SURVEYOR is a violation of federal Copyright law. Unless ~; ~ gross negligence is discavererf, the liatriiity extent of the `_ (r ,.'~ preparer shall be limited to the arrtount of fees collected for services in preparnkion of this product . RM4 Ars t~~ . c7ai,- c.4.~o!U NOT A V~?1,_ID COPY WITHOUT A SEAL ~~~. _._~ ~~~a~TC~~c~r~ ~_c~c~T~o~v su~,v~~~ LC=LEND ~ ~OO~ ~ Fuel Oil Tank Mortgage I_ocatiQn Certificate `~ P,~onurnent found} ~-- I hereby certify that this survey is a represent«tior~ ( --~ ('rcapane fon!< ~--~/~" Al~r'n. rf thse rnnditians ihnt taPre found rat tt~~ Cnp (found) time caf the location --- ~._-~..,._.~.__ survey was perfarrrieci on; ,.1 ~ 1 e ~ - i r .-, r . ~~~~~~ ~~ bu~llding o ~QSt ~ Qd~ Note: Lots served by „ City water & sewer ~ driveu!ng ~~ ~ ~~ C ze.~'..___ryi C--~ 4 to a s 0 z. r ~ of ~ 'µ x y o N z~.s' West _50' .Lot, 2~ ;,, i a.a' ~ ~ sad 1,o t 7.2' ~,~ °' -i-~ ~Y Cn w T,n building is on ~RaW line t' West 50' Tyasjzin,gto~, ~I -~,Z7. ,~ v`~~ ; 1 _~ ,t I ~~~ '_ :~ ~ ----r F a ~ ~~ '-~ i s k j f ~ y~ { ~ a F W~,_. - 7 k ~' ~ -,... ~,~ _. ~ z Qo ~~ ~ WWp V.{ J ~ ~ ,_.~~o......39dd °, Jad i g~~~i~ . ~'~ ~d~l~ 0 a J W s o~ ~~ f~, r E 3 - ~ t ~~~ ;~.~ F jtj2 R~R61t L ~ ?n f x ~ .- ° ~ ~ ~~ ~ ~ il1Y.'tll ~i Ri €C_i~P@IFi. ~9 f 1 ~. ~:~ .r + .. iri ~ fix. A.,. ~ ~$~ .. 1 S.. JJ ~~ c{ !. '~ ~ 'T'om" #, ~ _ ~'~ ~_.~ ~j _ ~~c ,ip _ , E k ~d :.~s~a3 ~ ,' ^ ~ .ill _ IFS' ~ rsa r` ~ a ' ~f ' ~ a... ~ r. ~`/~*.~ .+5 ,. r1 3 , s a N h Y' $y x ~~ LL ~j r _ ~~ ~ ~ ,, s d - ~~ f ~'~y fit. ~ v e"' ~ '~fL i P ~ G `~n ^ ~, - ~'~ ~"y >4e ~~ '~ nos •~ ~ ,a~ r ' ~i a ., _ . ~. ~ ~ .,_ +ri ~`? r~ it _ ._T - - ~ --- y..L_-.. 300 Washington WASHINGTON STREET 4 .~ .. '. ' ~' r .~d ~ rsY ~ xx,r 3 ., ~ ~~~ ~~ -~.~ _~~-_ ~ ;. 7 -- -~ - -- ..mot ;-5FF` ±"_',~"-"s'`: `~ ., ~ ~ e. ~`~ r. ?Fy ~qn r '' ~~ ~" _ ~ 7~ ~' I 1 'r° zz'~ 'rt,$r r'` ~.p "~~i; N ~:~ r ~ ,_. i m., . _. .. I~ ~ 0 ~~ fps ~ f~l~»~ r ~~~ ~W }~ S~ t _(.t ~ a~: ~ »' ~ '.t:. ~ ~~ ~-.. - M ~• t~r,.AC~ '~ I --~ ~. I~ ~ ~ ~ ~ ~.. rm ~. ,.SI ._ 4x'~ ~ ~ ~ ~ ~~,~ ~ ~ :E~ E ~,~ ~ „ { / V a ~ ~~ ' _ ~ ~ ,~,~ ~ ~ ~ »u+ M i r try uk.J : .. r. 1 Blue Rose Enterprises ~ P & Z Resolution 2009-04 (Historicly known as "Buick Bldg." N CUP -Additional 5 Units 0 40 80 Feet Support provided by Public Hearing February 17, 2009 Alaska Map I ~ I company City Council Chambers - 7:30pm ~ '°r t ~f ~ ~ '~ ~ 1' ,.. ~~" ~ t .. ,, wl c r ~ 3 i 7 1 .. r ~ t Y, rj~"~ 1 f I ~ n ~ t - E .k8 7L 1 ~'4 1~ ~.' Central 13USmGSS ~~ ,.I Y 1 ,, ~. :. .: ~ ~ ~ District __ ., e - i ~ 1 ~ ,;~te~ s } ~ ~ Z' e~~ 5 ~ ~ ~,x~ f {`~ 4 ~ s ~ . ~.'~ _, ' ~ ~. 75 .n.~ ,~~~~.t~alnw~rF ~x ~u1r ~ _ _ ,sY ~' ~; .~ r ;~ R^C tt :1 a ~ ,,,. x S L ~ ~~ ~e a ~ >_. ~ ~ (~ ' ~ ~ ~i• - ~~ c~ - { k _ _ _ rA S~ 'Q f ~ Y } l/ ~ b ,j _. ter. ,.. .. s.ma __~ V,~..'__~L.:_ .' ., .. _ L300 Washington ~ . WASHINGTON STREET n . a;. ~ rs r `,v a m s4. ~ - - .'+P,rg,- n iS~~~n 't~j 4 - -a. ~ . :~ .i IB i ~ ~ ,~l ;'~ ,.,~ ~~ ~4 i J Institutional ~ ,~~f ~~'"~` ~,,r%A ,~ ~ ~ ~-'. ;~ ~` ~ ~~ L ~` 1 ~: `11 _ ~~ `V V S ~~ ~ °~F ,,,= ~P` Park ,~ ,< ,: .. `~ ~•~ ~ Blue Rose Enterprises ~ P & Z Resolution 2009-04 Zoning Map ~ N CUP -Additional 5 Units 0 40 80 Feet support p~ovidea ny Public Hearing February 17, 2009 Alaska Map i ~ ~ Company City Council Chambers - 7:30pm Page 1 of 1 Donna Glenz From: Christy Terry Sent: Friday, February 06, 2009 5:22 PM To: Donna Glenz Cc: irisdarling@hotmail.com; Dwayne Atwood Subject: Buick apartment CUP and parking concerns i r__ ' { i ~._ ._ _ _ _ _. __ ___.,_ ._.. _._. _,--.~__ J Donna- Iris Darling called in regards to the Buick Apartment CUP request. Iris would like the Commission to know that she is AGAINST allowing this CUP because of the lack of parking in the area. lris has major concerns regarding the impact of additional parking in the area. Everyday of the week employee parking is an issue for her business with Buick apartment residents and local businesses using Brown and Hawkins parking behind her building. She has to ask cars to move to allow her employees spaces to park. Iris s#ates that the increase in apartments is not a good plan for the area. Her customers already have limi#ed parking options during the summer and even during the winter months. Parking on Washington Street is vital to downtown because it remains one of the few options for the large RVs. I thanked Iris for her phone ca11 and her valuable comments on parking dynamics in the area. I am cc'ing Iris so that she can add to or clarify any of the statements in this email. Christy Terry Community Development Director City of Seward PO Box 167 Seward, Alaska 99664 907-224-4020 fax 907-224-4085 ~iAi~nn9 SeaVi e~w Community Services February 9, 2009 To: Seward City Council CITY OF SrWARD r ~. I F ~ B -- 9 ~i,~9 -__.__~.___~,___..__________.i PLANNING OFFfCE From: Bernie Jarriel, Executive Director Re: Parking on Washington and 3rd Bernie F. Jarriel, Jr. Executive Director P.O. Box 1045 302 Railway Avenue Seward, Alaska 99664 Phone: 907.224.2960 Alaska toll free: 1.888.224.5257 Fax: 907.224.7081 Early last week, ! received a call from Dwayne Attwood requesting information about street parking on 3rd and Washington. I was assured this was just an informal conversation to see if parking "was a problem". During that conversation, I relayed that parking for SeaView was not a 'big issue' since we had our own lot and access to parking on the street. During that conversation, nothing was mentioned about the apartment complex at Washington and 3ra expanding. Expansion of this apartment complex will be devastating to parking at SeaView and other businesses in the area. Currently, SeaView has off-street parking but requires an extra 10-15 spaces each day for SeaView staff and client parking. This parking comes from street parking around SeaView Plaza. The addition of 5 apartments in this congested area is unwise and inappropriate. Currently, we have to monitor our own lot for automobiles not associated with SeaView - between 2 and 3 cars each day use our lot not associated with SeaView Plaza business. It is an additional challenge during the summer Visitor Season finding and keeping available parking spaces. f request that if additional apartments are to be approved at 3rd and Washington, that sufficient off-street parking be required before the apartments are built. I am not in support of additional apartments without dedicated off-street parking. Sincerely, _ ~~~ Bernie F. Jarriel, Jr. Executive Director '~ ,_~r (7.'".TT;'~ -C,E~i;~:1(i"I ii%)f!1 (iltca%t'I(1.? (]f)c.~ r'(':%11t~'r.]r~;=1~%l1 `_:It t t:' % ~;?-:~ Sharyl Seese P O Box 337 Seward, AK. 99664-0337 907-224-3464 Feb 9, 2009 RE: Resolution 2009-04 Attn: Christy Terry r____.w._._..._..._ - __-~._._a_ CITY OF '~f~~NARJ I FEE ~ 0 %f~a i } ~, >•'LAC"f1i~!G OFFICE I have several clients in the downtown business area. Some have there own parking and a few don't. I am also Board President for Seaview Community Services. I have a great concern about Blue Rose Enterprises adding five more units and not being required to provide off street parking. With five more units, it could be five to ten more vehicles. Parking is at a premium on 3rd Ave., 4th Ave. and Washington St. in the summer months and even sometimes in the winter. Please do not approve resolution 2009-04. Sharyl eese cc: Donna Glenz C~C~ MANOLAKAKIS INC DBA: Christos Palace POBox830 133 4th Ave Seward, Ak. 99664 907-224-5255 Ph 907-224-2699 Fax Feb 9, 2009 Seward Planning and Zoning Commission c/o City Associate Planner POBox167 Seward, AK 99664-0167 Attn: Donna Glenz Ci7Y OF ~=.FiNARD ti F ~ D 'I 0 2(C9 ,~ PLAlVNfNG QFFfCE I am concerned about the parking on and around 3rd & Washington. There isn't much parking available now and if the apartment complex is going to add on 5 more apartments, that will be another 5 to 10 vehicles to park on the streets. I am requesting that they only be approved if they can supply off street parking. Sincerely, anni Manolakakis Officer Vie.. 'v' '~ `~ ~~~ ~G~~~ ~r~r ~ k ~ ~ t ~ i ..._._._......._.._._._._.__.__._~__.1 Lei o c~ / C, ~,, ~~~~~°~ ~5' ~~ ~~ ~~~~ r219r~~"~ Page 1 of 1 From: Iris Darling [irisdarling@hotmail.com) Sent: Thursday, February 12, 2009 3:19 PM To: Donna Glenz Subject: Parking Hi Donna: I just want to let you know that Hugh and I do not oppose the renovation of the Buick Apartments if it does not take away private parking...Parking is so critical here in the downtown area during the summer months and Washington Street is the only area for parallel parking for the big rigs. Thank you -Iris A. Drling Windows Liver'": E-mail. Chat. Share. Get more ways to connect. Check it out. S p_a rn N_ot seam Forget previous vote ~` e~ file://C:1Users\abailey\AppData\Local\Microsoft\WindowslTemporarv Internet Files\OLK... 2/13/2~~9 Sponsored by: Administration CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-05 RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMIS- SION, ALLOWING AN ALASKA HARBOR OBSERVATION NETWORK TOWER AS AN UNLISTED USE PER SEWARD CITY CODE SECTION 15.10.130, IN THE HARBOR COMMERCIAL DISTRICT WHEREAS, the City received a request from the Alaska SeaLife Center (ASLC) for permission to erect an Alaska Harbor Observation Network Tower (harbor observation tower) on the breakwater crest of the South Harbor Uplands; and WHEREAS, the City zoning code does not list a harbor observation tower as an allowed use, but this type of tower is eligible for consideration as an unlisted use; and WHEREAS, the prototype is a partnership between ASLC, the University of Alaska Anchorage (UAA), and the National Oceanic and Atmospheric Administration (NOAA) through the Alaska Ocean Observing System (AOOS); and WHEREAS, the harbor observation tower will provide benefit to Seward and the entire State of Alaska by reporting and forecasting coastal marine conditions, monitoring the impacts of climate change, provide domain awareness for security and disaster response, provide data for coastal infrastructure design, and provide a Tsunami warning system feature; and WHEREAS, because of these numerous benefits and project objectives, it is in the public interest to allow the harbor observation tower as an unlisted use in the Harbor Commercial District; and WHEREAS, prior to construction, the harbor observation tower must obtain all necessary permits and permissions from local, state and federal officials: and WHEREAS, prior to construction, the harbor observation tower must comply with all local, state and federal laws and regulations. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. For the reasons stated in the recitals, which are incorporated as if fully set forth herein, the Commission, according to SCC 15.10.130, establishes a written decision that the unlisted use satisfies all the following conditions: (1) The use is not specifically permitted in a any other district: Finding: This condition has been met. This type of tower is not specifically permitted in any other district. ~~. ~ ~ Seward Planning and Zoning Commission Resolution 2009-OS Page 2 of 2 (2) The use is not more appropriate in another district: Finding: This condition has been met. The Alaska Harbor Observation Network Tower project objectives are to monitor wind, wave, water, barometric pressure, air temperature and precipitation, salinity and turbidity at the entrances to Alaska's harbors. The harbor observation tower must be positioned on the breakwater crest of the harbor entrance for precise data collection. Accurate marine observations can not be made in other locations, or zoning districts, in Seward. (3) The use is consistent with the purpose of the district in question, and is similar to the other uses permitted outright. Finding: The condition has been met. The Harbor commercial district is the area for water-depended or water related uses with a particular emphasis on transportation, tourist, recreational, commercial or industrial enterprises which derive major economic or social benefit from a harbor location. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 17th day of February, 2009. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair ~~ P&Z Agenda Statement Meeting Date: February 17, 2009 To: Planning and Zoning Commission From: Community Development Director Christy Terry Agenda Item: Resolution 2009-05, Allowing an Alaska Harbor Observation Network Tower as an Unlisted Use per Seward City Code Section 15.10.130, in the Harbor Commercial District BACKGROUND & JUSTIFICATION: The City received an inquiry from the Alaska SeaLife Center (ASLC) for permission to erect an Alaska Harbor Observation Network Tower (harbor observation tower) on the breakwater crest of the South Harbor Uplands. Obtaining a written decision from the Commission that the harbor observation tower will be allowed in the Harbor Commercial District as an unlisted use is the first regulatory permission ASLC is pursuing with the City of Seward. There are a number of permits to obtain and requirements for the project to fulfill prior to construction. Regulating agencies include the Army Corps of Engineers, the Department of Natural Resources Coastal Management and the City of Seward. This data collection station is the prototype for the Alaska Harbor Observation Network. The project's fundamental goals include: reporting and forecasting coastal marine conditions, monitoring the impacts of climate change, domain awareness for security and disaster response and data collection for coastal infrastructure design. The project's goals and objectives will benefit the local citizens; local, state, national and international harbor users; and the greater global community. The project's proposal is attached for the Commission's information. The Zoning Code, Land Uses Allowed Table 15.10.225 identifies what uses are allowed in the various zoning districts. The proposed use is not specifically identified in the Land Uses Allowed Table. The Zoning Code Section 15.10.130 states that unlisted uses may be allowed within a district upon written decision by the commission provided that each unlisted use meets all of the following conditions: (1) The use is not specifically permitted in a any other district: Finding: This condition has been met. This type of tower is not specifically permitted in any other district. (2) The use is not more appropriate in another district: Finding: This condition has been met. The Alaska Harbor Observation Network Tower project objectives are to monitor wind, wave, water, barometric pressure, air temperature and precipitation, salinity and turbidity at the entrances to Alaska's harbors. The harbor observation tower must be positioned on the breakwater crest of !__ ~ ~~ Agenda Statement Resolution 2009-OS Page 2 of 2 the harbor entrance for precise data collection. Accurate marine observations can not be made in other locations, or zoning districts, in Seward. (3) The use is consistent with the purpose of the district in question, and is similar to the other uses permitted outright. Finding: The condition has been met. The Harbor commercial district is the area for water-depended or water related uses with a particular emphasis on transportation, tourist, recreational, commercial or industrial enterprises which derive major economic or social benefit from a harbor location. Once ASLC obtains the written decision by the commission allowing the unlisted use, they will continue working with the City on the other permits required. ASLC has concurrently pursued working with the other regulating agencies on their requirements during this process. RECOMMENDATION• Commission approve Resolution 2009-OS after review of the proposed unlisted use of a Alaska Harbor Observation Network Tower against the above conditions to determine if the use should be allowed within the Harbor Commercial District. _~_ Orson Smith UAA School of Engineering Alaska SeaLife Center/AOOS ALASKA HARBORNET 7/1 vaoos ARLES 175 O 125 Skagway HWne SMnnspn Hrrbor J uneau Fun!pr Boy - Hoonch Gus!n Tcku Tenakes Syringe Elfin Co ve °~ Enlranos 3510ad a PeBE n Kuyrednof Poiarsbury Katie Wranpatl Norm Goroeof- _ Sltkn ---- ~ ASC' EIS L~uak x Hydnr ~!OffO[i$IXAd Al k PaFn1 Baksr-. LC n9 as a Port Alexandp! elm a ~ y Part PrNo<!!on ~ !ct? an Edna tlay Re o Cpitmen Cevd ~M ka 4 ~i Ktewnch [~ Cml9' Kocpcn Ncllis »Ethnl nldex Hydebury ~~ Whitlie n~ ntk olill<k ~ lava n a ~~~~ Ale.ugtk I' r 5<wmtl 9 Vokclp! &r1Tr,h isplnt Pnw '~S¢int G¢crys ~~ sE:dpm¢ Pa! Licns v~ J O OF Algg~, q c,br c61nk Larsen goy ' id liaro¢r e A a°' MiIF.S '} cn:d sa 2.50 0 2S0 °00 ~d Lna;u¢k C ~ Paln! .. - _ .__..._..._._..- ~---- -- a ~ wg av < ..~~ ~ Harbor Facilities on the Alaska Coast A Statewide Network of Weather and Ocean Observing Stations at Harbor Entrances Proposed by the Alaska Ocean Observing System Alaska's Harbors -Introduction Alaska's marine environment is unique in the United States. The environment is subject to extremes in weather and climate, covers geographic distances (larger than the combined marine systems in the rest of the U.S.) with an extensive length of coastline (about 44,000 miles, see title figure), and possesses a remote and limited infrastructure. Alaska residents are also particularly dependent on the marine system due to the vast distances and the limitations of conventional vehicle transportation. Therefore harbor facilities tend to be hubs for commercial, recreational, and subsistence activities from the smallest coastal village to the largest cities in Alaska (Figure 1). Harbors are: • Centers of industry for seafood processing and commercial fishing support, • Home to the Alaska commercial fishing fleet, • Centers for charter fishing and the marine excursion industry, • The sought-after home and destination for recreational boats of all sizes, • Home to vessels supporting law enforcement, search and rescue, homeland security, natural resource management, as well as marine research. ~ f~>-., ~ l c. Orson Smith UAA School of Engineering Alaska SeaLife Center/AOOS Stakeholders in coastal climate change impacts are concentrated in the harbor towns of Alaska. Alaska harbor facilities designed and built by collaboration of the Alaska Department of Transportation and Public Facilities (ADOT&PF) and the Corps of Engineers are now typically owned and operated by local city governments. Nearly all have been filled to capacity and local communities are commonly seeking harbor expansion. 7/ 11 /2008 Harbors everywhere draw coastal Figure 1. Harbors are centers of commerce, development in their immediate vicinity, recreation, and subsistence. including marine service, tourism, retail, hospitality businesses (coffee houses, restaurants, night clubs, and hotels) and residential developments. Many Alaska harbor towns are not connected by roads and rely on the Alaska Marine Highway System for basic regional transportation. Waterfront investments in response to these demands have risk from coastal hazards, such as erosion, flooding, and tsunamis, as well as extraordinary deterioration from northern coastal atmospheric and sea conditions. Concentrations of coastal activities also bring risk to the marine environment from pollutant spills and non-point-source contamination. Alaska's Harbors -the Case for Harbornet Sound arguments for the development of a systematic environmental monitoring network for Alaska harbors and ports include the following: Reporting and Forecasting Coastal Marine Conditions: Alaska has historically had sparse data for all types of environmental conditions affecting transportation. This is especially true along the State's huge and diverse coastal zone. Coastal weather information in Alaska is extremely spotty, by the standards of lower 48 coasts, for accurate reporting or marine forecasting basis across most of the Alaskan coastline. Strong local influences of mountainous terrain make the situation worse. Currently there are only nine coastal marine automated observing (NOAA C-MAN) systems operating in Alaska. Most of the C-MAN stations are located either on Cook Inlet along the approaches to the Port of Anchorage, or in Prince William Sound along approaches to the oil tanker terminal at Valdez. Only a single C-MAN station (Five Finger Lighthouse) operates in all of Southeast Alaska. Equally sparse offshore NOAA data buoys supplement this information as a basis for observing and forecasting marine conditions. Weather stations at harbor towns in Alaska are now typically found at airport sites not well-suited for the measurement of marine parameters. A network of stations comparable to the NOAA C-MAN system at the entrances to Alaska's harbors would monumentally improve the density ofwell-situated marine observations across the State. t i f~~ Orson Smith UAA School of Engineering Alaska SeaLife Center/AOOS iii li2oos Monitoring Impacts of Climate Change: Consensus opinion among climate scientists is that Alaska's coastal communities will experience climate change more dramatically than many inland areas since coastal areas are affected by changes to both the land and sea. As climate changes, decisions must be made that are of critical importance to the health, safety, and well-being of coastal residents and to Alaska's coastal economy. Climate change is occurring over the span of decades thus long-term measurements at the scene of impacts are important to measure trends and to judge severity. Harbors are central to most Alaska coastal settlements and are thus good places to monitor local changes in weather and marine conditions. Domain awareness for security and disaster response: The problem of sparse maritime environmental data affects the US Coast Guard's ability to monitor marine coastal transportation routes. This deficiency impacts homeland security, marine search and rescue operations, and responses led by FEMA and State agencies to earthquakes, tsunamis, coastal storms, toxic spills, harmful plankton blooms (red tide), and other natural or man-made disasters . As centers of coastal industry, harbors are especially vulnerable to coastal emergencies. A network of similar well-designed monitoring stations at harbors would substantially improve domain awareness for planning disaster responses for incident command during an actual emergency. Data for Coastal Infrastructure Design: Design of harbor expansions, new harbors, and all types of waterfront infrastructure requires site-specific climatological information on winds, waves and water levels. Coastal engineers now must often make do with wind records from inland airport sites and apply questionable assumptions to estimate waves and water levels for design of new works or to evaluate problems with existing infrastructure. Rarely are measurements of winds, waves, and water levels recorded out on the water or at the water's edge at the project site. As catalysts for and centers of coastal development, harbors are advantageously located for measuring design parameters to be applied to coastal infrastructure design. Related NOAA Programs C-MAN System. The Harbornet concept includes features of the "C-MAN" (Coastal-Marine Automated Network), "PORTS" (Physical Oceanographic Real-Time System) and "NWLON" (National Water Level Observation Network) systems presently operated by NOAA. C-MAN stations are designed as coastal weather observation stations with occasional measurements of temperature and other water parameters. Approximately 60 stations make up the nationwide C- MAN network. Nine C-MAN stations are in operation around Alaska (see Figure 1), with two in Prince William Sound, five in Cook Inlet, Pilot Rock in Resurrection Bay south of Seward, and Five Finger Lighthouse in southeast Alaska. This existing C-MAN network is far too sparse for comprehensive measurement of notoriously variable conditions along Alaska's irregular mountainous shoreline. Existing C-MAN stations and new stations currently proposed by the National Weather Service are chosen within tight budgets to meet highest priority needs of weather forecasters using the recently implemented Integrated Forecast Preparation System. ~~~ Orson Smith UAA School of Engineering Alaska SeaLife Center/AOOS ,_: ri ~~;~ tr=~ r r ~ `(i. `C -;~, - .'?~ .i. ,i. '^48035 V...: J ~~v ~_ .. - ~._~ •- '~ ~,di,,.,~,_r{,. ..~"ti Alaska ~--, ^ ._~..__ .u ~, ~, ae41o 7/11 /2008 ' Station Legend ^ NDBC Moored Buoys, ~, NDBC C-Mi1N Stations O NW3 Alma Region Statfo~ -. iy. NpS Stations Canadian Buoys (~ Dnft Buoys i +4 NDBC 6ART EumJS - ,1 j r, n. , ~ r~ t ~'{ r- i -~ 1 j=~ r ~ '.~, i 4FiD7o - ~a~~r, t ,. rY~` "~ ~, _ -f ,,,; '4ou75 4e2o5 4e1a'a ~r-, AD KA2 ~~r..'~•i~ 48184 "~'gf- •,. 48071 -1+ i ~: ~ Ni ~ ~:~ 48208 46204 ~~-- ~-~ L403 OO 48147 5011 21414 ~ ~. ~~ ~ 48207 "' _, 48004 ~~~ ~.,a. L~ ',t _ ~ 48132. 180 aP tt0'dU ~~. ^it lGbd;SbJ4 140W 48038 48418.. Figure 2. Locations of National Data Buoy Center (NDBC) coastal and ocean observation stations in Alaska. Stations are labeled by their designated names or numbers (see hrta://r~ww.ndbc.noaa ~ovn. PORTS System. NOAA PORTS stations are operated in Alaska only at the Ports of Anchorage and Nikiski on Cook Inlet. The PORTS system is designed to promote navigation safety and efficiency with emphasis on maritime commerce and coastal resource management. Sharing some sensors with other systems, PORTS stations are particularly good for reporting recent observations and predictions of water levels and temperatures, current speeds and directions, salinity, and meteorological parameters including wind speed and direction, atmospheric pressure, air temperature. The emphasis is on navigation decision-making. NWLON System. NWLON stations are the basis of tide predictions along the US coast and critical to establishment of the national tidal datum reference system. NWLON observations are also key components of NOAA's Tsunami Warning System. NWLON stations are more numerous along the Alaska coast than C-MAN stations, but are considerably more sparse compared to lower 48 coasts. Tidal elevation datums are reference elevations for evaluation of sea level rise and related effects on coastal property due to climate change. A dense network of reference stations is desirable for monitoring of this widely recognized aspect of global warming. The NOAA Coastal Oceanographic Applications and Services of Tides and Lakes (COASTAL) system provides enhancements to NWLON stations and analysis of NWLON data for applications related to beneficial uses of dredged material, coastal planning projects, marsh restoration projects, long-term sea-level assessments, storm-surge monitoring, emergency preparedness, and NAZMAT response. Tsunami Warning System. Deep ocean "NDBC DART" buoys (see Figure 2) are the primary sensors for warning of approaching tsunamis. Tide (NWLON) stations record the actual events at the shore. Small recorded events reveal the potential of larger more destructive events. 4 ~l .rt Orson Smith UAA School of Engineering Alaska SeaLife Center/AOOS ~/l l/Zoos anemometer: radio - telemetry '.web cam`"~ met ensors ~ solar,l dat8 panel `` logger batteries 1 O:m typical harbor breakwater crest seaward Mlitnt -- - MR-- - - -- Note: typical water MLLyJV sensor cable length about 45 m" 6:-Bm. typical' water property 8-water level sensors Figure 3. Typical arrangement of sensors proposed for deployment at Alaska harbor entrances. Alaska's Harbors -Implementation The most useful features for the variety of users with Alaska harbor and coastal community development interests can be combined from the C-MAN, PORTS, and NWLON systems. The technical expertise, experience, and other NOAA resources that led to the development of the C- MAN, PORTS, and NWLON systems is readily adaptable to the proposed network of harbor entrance stations. Tested and maintainable hardware components combined with reliable telemetry configurations can be deployed at Alaska harbor entrances for near-real-time reference by harbormasters and harbor customers while data accumulates in NOAH archives for future design of harbor expansions or nearby coastal developments. Parameters most valuable to coastal engineers relate to wind, wave, and water level conditions. Other meteorological parameters, such as barometric pressure, air temperature, and precipitation are also useful in planning and designing coastal developments, and are valuable for weather reporting and forecasting. Water property measurements such as temperature, salinity, and turbidity provide useful information for analysis ofdisaster-induced or natural seasonal, inter-annual, and climatic changes in site conditions. Digital visual images (web cams) are useful for security and for interpretation of wave conditions and other measurements. All of this information would be recorded at a single station (see Figure 2) and transmitted to the harbormasters office and other critical locations for near-real-time assessment. Data would be archived by NOAA and be retrievable via the Alaska Ocean Observing System web site (http://www.aoos.ot~~/) or directly from a NOAA web sites (e.g., http://wv~~v.ndbc.noaa.gov/cman.php). Orson Smith UAA School of Engineering Alaska SeaLife Center/AOOS Applications 7/11 /2008 Managing Impacts of Climate on Transportation and on Homeland Security: The proposed network of coastal observation stations at harbor entrances would be part of the Alaska Ocean Observing System (AOOS) and would provide high-value documentation of climate change along Alaska's diverse coastline, measured in a manner consistent with standard marine and coastal weather observing systems. The system would assist ocean engineers in the design of harbor breakwaters, port facilities, and other coastal infrastructure. The enhanced density of real-time coastal observations would also significantly improve the safety and efficiency of responses to homeland security threats, to toxic spills, and to natural disasters of all kinds. 2. Operation of Transportation Systems and Design of Coastal Infrastructure: The proposed statewide network of coastal observing stations would become the maritime component of Alaska's Intelligent Transportation System (ITS), serving the needs of commercial and recreational mariners, including the Alaska Marine Highway System. Real-time environmental conditions reported by coastal observing stations would serve in a manner analogous to the existing "Iways" data stations on Alaska roads. The system would improve safety, enhance efficiency of marine transport, as well as accumulate data valuable for planning and design of harbor and marine terminal improvements. Harbornet Consortium Cooperation and cost-sharing between Federal, State, and local governments is required for implementation of the Alaska Harbornet. A consortium of proponents and users is proposed that would consist of NOAH, the US Army Corps of Engineers and other federal agencies, AOOS, the Department of Transportation and Public Facilities, and other State agencies, local governments of harbor communities, and special interest groups such as the Alaska Harbormaster Association. AOOS will coordinate annual meetings of consortium members and disseminate to members regular Harbornet status reports. For Further Information Contact Orson Smith, UAA School of Engineering; 907-786-1910; afons~~uaa.alaska.edu Molly McCammon, Alaska Ocean Observing System; 907-770-6543; mecammon(a~,aoos.or 6 Sensor Site Harbor Office Data ollector/ Wireless Logger Modem Ethernet Switch To Antenna Power Switch WebCam 1 i VDC Micro Specialties, Inc. Wasilla, Alaska HarborNet Basic Connectivity Internet ~ ` ~ AOOS ~ UAA .~ ~~ Data Power Connectivity Color Codes coax Wireless Figure 3. Schematic of breakwater installation, 5~ ~,.. •` ~~~_ ~. >C '~ ©Red Box indicates approximate area for Mariners' Memorial ~ Gt°een Arrow indicates Navigational Marker that must not be obstructed ~ Bhle .Area is possible Tower placement for ANON project, on Breakwater Rock... otherwise if it is going to be~laced on the inland gravel (parking area) I have a much smaller area where it can be placed due to development plans regarding fire/emergency access to the floats. ~J~ Alaska Harbor Observation Network City of Seward, Alaska Augur! 6, 2008 Port and Commerce Advisorv Board Minutes Volume 3, Pale 25 .... • Melody Moline was hired to replace Judi Sweeny in the Harbor Department. • The Harbor Department would be working on the 2009 budget. • Negotiations were taking place with the Trustees of Alaska regarding the Storm Water Prevention Plans and Permitting lawsuit. • A meeting was held with the Army Corps of Engineers to look at and discuss the breakwater extension project. • The Silver Salmon Derby would start this weekend and harbor staff would be working extended hours. Volunteers would help during the Derby. • Requested help with the South Harbor Development Plan due to inquiries about projects for the area. • Introduced Orson Smith who would be discussing the Harbornet project. In response to Schaefermeyer, Anderson stated the breakwater extension would help with the harbor entrance situation and the timeline to complete the project was based on funding and the salmon runs. In response to I.,ong, Anderson stated the Army Corps did not want to piecemeal the project and pay for mobilization and demobilization costs. She continued that the Army Corps and the Senate Appropriations Committee would come in September to look at the breakwater project again. Anderson noted the Army Corps had looked at the Lowell Creek Tunnel project too. --- Long stated he would like to see something done to the breakwater to avoid further damage to facilities and property and he discussed the budget cycle. Long reported he had received many favorable comments from visitors about the Fourth of .luly. Alaska Harbornet Presentation- Orson Smith Orson Smith introduced himself, briefly described his work history and discussed Harbornet, a harbor prototype data collection systems project in great detail. He explained he was working with the Sealife Center, Alaska Ocean Observing System and NOAA on the project and explained the entrance channel to the Seward harbor was the proposed location for the project. Smith explained what equipment would be required for the project, what type of data would be collected and the proposed statewide system. He continued to explain the project details. In response to Butts, Smith stated the data collected from the statewide system would be archived and available on the Internet and site specific information would also be available. In further response to Butts, Smith stated web cams would be a feature on the Harbornet system and the optimum place for the system would be at the end of the East Breakwater once it was extended. He stated the equipment could be moved from the South Harbor Uplands and there was no need to delay the project. -- ~ In response to Schaefermeyer, Smith stated the system would be powered by solar power and there would be regular and routine maintenance. ~~ , City gfSeward, Alaska August 6, 2008 Port and Commerce Advisory Board Minutes Volume 3, Page 26 Oliver stated that UAF had a webcam that faced south. Long stated this was an interesting project and the data would be helpful. He questioned the tsunami warning system. The Board continued to discuss the tsunami aspect of the project. Citizens' comments on any subject except those items scheduled for public hearing- Willard Dunham, inside city limits, discussed the energy issues in the Senate and stated if anyone had comments they should call the Senators Office The Board discussed the energy issues in further detail. Dunham provided the numbers for Senator Steven's and Senator Seaton's Offices. Approval of the Agenda and Consent Agenda Motion (Schaefermeyer/Altermatt) Approve the Agenda and Consent Agenda Motion Passed Unanimous Consent The following items were approved under the Consent Agenda: June 4, 2008 Regular Meeting Minutes Special Items Nominate, vote and appoint a Chair and Vice Chair for the Port and Commerce Advisory Board Election of Chair and Vice Chair Election of Chair and Vice Chair Motion (Schafermeyer/Butts) Request for Unanimous Consent Long opened the floor for Chair nominations. Nominate Long as the Chair. Seeing no further nominations, nominations were closed. ~~~ ~~~ P&Z Agenda Statement Meeting Date: February 17, 2009 , To: Planning and Zoning Commission From: Community Development Director Christy Terry Agenda Item: Confirmation of the Commission's Wishes on the Floodplain Ordinance Update (SCC Chapter 15.25 Floodplain Management) BACKGROUND & JUSTIFICATION: The Commission held two work sessions in January discussing revisions to the SCC Chapter 15.25 Floodplain Management. These meetings were scheduled as joint work sessions with the Seward Bear Creek Flood Service Area Board and had additional advertising exceeding the standard public notice requirements. At the second work session, the Commission gave a general recommendation to postpone the Floodplain Ordinance update until the Kenai Peninsula Borough completed the proposed update to their Floodplain Code. The Commission should formalize their direction to administration by making and approving a motion clarifying their wishes. To initiate the Commission's deliberations on this topic, I will present a verbal report at the meeting on the possible courses of actions and the benefits of each. RECOMMENDATION: The Commission should formalize their recommendations to the Administration on the Floodplain Ordinance Update. Possible motions: "I move to postpone updating Seward's Floodplain Ordinance until the Borough completes their Floodplain Ordinance update." "I move to postpone updating Seward's Floodplain Ordinance until the Borough completes their Floodplain Ordinance update or until 2009, whichever occurs first." "I move to continue updating Seward's Floodplain Ordinance." ~~..~`~> City of Seward, Alaska January 20, 2009 Call to Order Planning Conzniission Minutes Volume 6, Page 2 3 6 The January 20, 2009 Special Meeting of the Seward Planning & Zoning Conunission was called to order at 7:30 p.m. by Chair Roach'. Opening Ceremony Chair Anderson led the Pledge ofAllegiance to the flag. Roll Call There were present: Sandie Roach' presiding, and Sue McClure Cindy Ecklund Steven Heinrich Margaret Anderson comprising a quorum of the Commission; and Christy Terry, Community Development Director Donna Glenz, Associate Planner Anne Bailey, Executive Liaison City Administration Report Community Development Director Christy Terry updated the Commission of the following business items:' • Tena Morgan had turned in a Planning and Zoning application and would go before Council on January 25 2009. Two other applications had been picked up and not yet returned. • The Long Term Care Facility was moving forward without any major issues. The crews were working on the interior of the resident lodges and commons building and the exterior work. continued as weather permits. • Update on Community Development Projects: ^ Development recommendations for the North Harbor area (PACAB/Harbonnaster). ^ Move forward city plats including the South Harbor Uplands Plat, North Harbor Plat, and survey the land plan for the Library Museum and vacate the interior lot lines. ^ Effort to obtain the emergency escape route for the Two Lakes Park area. ^ Develop priorities list and projects for the flood hazard areas. ^ Resident meeting for the Mill Street drainage project. ^ Kept track of the Kenai Peninsula Borough Economic Development Department Organizational Meetings for the proposed resurrection of the Kenai Caucus. ^ Worked with FEMA on mapping and training items. ~~ City of Seward, Alaska January 20, 2009 Planning Commission Minutes Volume 6, Page 2 3 7 ^ Had partnered with the Clerk's office to purchase some iWorks software that would manage the permitting system and database for code enforcement. ^ Had emailed the Commission the Alaska Railroad 2009 projects for review. • Terry referred to page 13 of the packet and provided an update on the 2008 Commission priorities. • The Associate Planner would attend more Planning and Zoning meetings. • Reported Violations, Interpretation and Abatement: Reviewed basic zoning interpretation questions (flood zoning designation, building permits, business license and membrane structure permits. Other Reports, Announcements & Presentations -None Citizens' Comments on any subject except 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 The following items were approved on the Consent Agenda: December 16, 2008 Special Meeting Minutes Unfinished Business Items requiring a Public Hearing -None New Business Items requiring a Public Hearing - 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 (HC) Glenn reviewed Resolution 2009-01 recorrunending the attached ordinance be forwarded to City Council for approval. She stated the Harbor Commercial district had evolved fiom a primarily industrial area to a more retailed tourist area and currently allowed nightly lodging within hotels and motels by conditional use permit but not within amulti-family structure. Staff had received and addressed continents fiom a member of the public and the information had been provided to the Commissioners via email and as a laydown. She explained the Harbor Lights Condos were the only multi-family structure in the Harbor Commercial district. Glenn provided the condos history and stated that no new multi-family units could be built or developed today. She referred to and explained the Harboi-~naster's staff report. Glenn stated the Harbor Light Condo owners were in the audience and reiterated the zoning change affected the enti•e Harbor Commercial area. Staff {l ,t~,d- City of Seward Alaska January 20, 2009 Planning Commission Minutes Volume 6, Page 2 3 8 recommended the approval of the zoning request and moving the ordinance to Council. In response to Heinrich, Glenn stated nightly lodging would be allowed by conditional use permit but would have to meet the zoning criteria for nightly lodging. Terry clarified there would be nightly and monthly lodging and the non-conforming use of a monthly rental into closer conformity of the intent of the Harbor Commercial district. Heinrich wondered if this was fair to other businesses in the area, if a manager would be on site, and if there would be conflicts between nightly and monthly renters. In response to Heinrich, Terry stated they had worked extensively with the Fire Department and the Police Chief had no comment. She noted that if there -:were concerns they could be addressed during the Conditional Use Permit process. In response to Ecklund, Glenn stated that having a manager on a site with five or less units was not a requirement and clarified the Commission was not awarding a Conditional Use Pernut tonight. In response to Anderson, Terry said the ordinance would. have to be approved by Council and than if it is approved the Conditional Use Permit would come before the Commission. Terry addressed the assessment for the Harbor Lights Condos and stated it was fee simple land and the majority o f the Harbor Commercial district was' leased land. Glenn referred to the zoning map and clarified the zoning of the area and when it occurred. Roach' stated a lot of the questions asked could be discussed when the CUP comes forward. In response to Ecklund, Glenn stated to have other buildings provide nightly lodging there would have- to be a zoning change. to allow amulti-family structure in the Harbor Commercial district and a hotel or motel is°allowed with a Conditional Use Permit. Terry interjected that in the zoning code many nightly lodgings were not allowed in the Harbor Commercial District, Ecklund clarified this would bring the structure into conformity allowing nightly lodging similar to the hotels and motels. In response to Ecklwid, Glenn stated they are limited to renting five units per building for a potential of 10 units to be rented on a daily basis. She explained one unit would have to be rented to one entity. In response to Roach', G1enz stated the owners of the Harbor Light Condos had placed a request for nightly lodging a year ago and had considered doing a hotel/motel but due to the fire City of Seward, Alaska Planning Cornmission Minutes January 20, 2009 Volume 6, Page 2 3 9 requirement it was not feasible, so, they approached a B & B situation. In response to Heinrich, Glenz stated the Fire Chief is in support of allowing nightly lodging in amulti-family structure. She stated there would be an annual inspection of each unit in order to renew the business license each year but if it was a hotel it would have to be sprinkled. Roach' interrupted Heinrich and said the insurance questions could be addressed during the Conditional Use Permit process. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Dennis Bailey, inside City limits, owned the Harbor Lights Condos and supported this resolution. He stated they have tried for three years to get this .accomplished and, monthly/daily rentals were tough. He noted he'd prefer to rent to Seward residents annually or monthly but they currently had four units empty and would like the option to rent some units daily Heinrich noted his concern with insurance and the City's liability but stated he did not have a problem with this. Mary Bailey, inside City limits, stated they had purchased the condos with the intent to do monthly rentals to meet Seward housing needs but found it was- hard to find clientele with the required income to live in them. She noted they had spoken to the tenants about this to address their concerns, the insurance had been taken care of, and they did not do this to slip into a niche in the Harbor District. She wanted to retire in Seward and be a part of the community and she appreciated the Corrunissions' concerns. Roach' stated she appreciated .the goal of maxunizing the use of the structure. She confirmed that each unit was designated for occupying one entity. Bailey stated she had advertised to see if this would work and they were targeting families as potential renters. No one requested to be heard and the public hearing was closed. Motion (McClure/Ecklund) Approve Resolution 2009-01 McClure stated the owners and City had done their- work and the Commission should say yes. Ecklund commended Glenz on finding a way to say yes and was il7terested in a discussion with the Fire Chief to make sure the fire concerns had been met. She appreciated the owners due diligence in conununicating with the tenants and hoped it worked and became viable. Af i., City of Seward, Alaska January 20, 2009 PZam2ing Commission Minutes Volume 6, Page 2 4 0 Heinrich requested to add a finding saying that it would be in more compliance with the Harbor Commercial Zoning district by allowing nightly lodging. The Commission discussed adding an additional WHEREAS to the Ordinance or the Planning and Zoning Resolution. Glenz explained the Commissions option to amend the Ordinance or have it go before Council as written. Terry suggested amending Section 1. of the P & Z Resolution- 2009-01 and add the WHEREAS clause there. Motion (Ecklund/Heinrich) Motion Passed Main Motion Passed as Amended Unfinished Business -None Amend Resolution 2009-01 by amending Section 1. to read "The Commission recommends Council approval of Ordinance 2009-_, attached and incorporated herein by reference with the following additional WHEREAS, primary lodging within the Harbor Commercial District is nightly lodging; and" Unanimous Unanimous New Business - Set the Work Session topic, for February 17, 2009 as the Annual Community Values and Comprehensive Plan Review Terry reported a large community wide review of the Community Values portion of the Comprehensive Plan had been held and many community members had provided input. She stated that the gathered information still needed to be reviewed and forwarded to Council and the Borough. She recommended not holding another large meeting but meet and review the suggested changes and decide lovv to handle the information. She explained the Annual Community Values and Comprehensive Pian review was one of the P & Z priorities and was a Seward City Code task. She noted a Special Meeting would be held on February 17, 2009 and the work session would have to begin prior to 6:30 p.m. or be held to an hour. Roach' stated the Annual Community Values meeting was a lot of work and thought the Commission needed to work on the information gathered. Anderson commented the public gets upset when public v~fonnation and opinions are gathered and then the recommendations are not followed. ~.a`..a City of Seward, Alaska January 20, 2009 Plamaing Commission Minutes Volume 6, Page 2 41 The Commission discussed if they would like to hold the work session at 6:00 or 6:30 p.m. Terry stated the Annual Community Values information would be distributed prior to the work session. Anderson mentioned she would not be in attendance in February. Terry suggested holding a work session on February 3, 2009. By general consensus, the Commission set the work session to discuss the Annual Community Values and Comprehensive Plan Review for February 17, 2008 at 6:30. p.m. Informational Items and Reports (No action required) -= 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 meeting 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. Commission Comments - Heinrich stated he had received a phone call from someone asking what the height requirements or restrictions were for Seward. In response to Ecklund, Glenn stated the City was code compliant and attempted to help people come into compliance. She continued the City did not have the resources to ticket except when it was a life safety issue. McClure stated she would be unable to attend the work session on Thursday night. Citizens' Comments -None Commissions and Administration Response to Citizens' Comments - Terry thanked Roach' for her fu-st meeting as the Chair. Adjournment Meeting adjourned at 8:52 p.m. Anne Bailey Sandie Roach' ~_:~ ~.~ City of Seward, Alaska January 20, 2009 Executive Liaison (City Seal) C_~f~ Chair Planning Commission Minutes Volume 6, Page 242 Introduced by: Long bate: 02/03/09 Hearings: 02/17/09 and 03/03/09 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2009-09 AN ORDINANCE CREATING A FLOOD HAZARD DISTRICT, OUTSIDE THE FLOOD INSURANCE RATE MAP AREA, WITHIN THE SEWARD-BEAR CREEK FLOOD SERVICE AREA TO INCLUDE THE 1986, 1995, AND 2006 KPB GIS MAPPED FLOOD DATA AREAS WHEREAS, flooding has occurred in the Seward-Bear Creek Flood Service Area (SBCFSA) repeatedly; and WHEREAS, a federal disaster has been proclaimed within SBCFSA three times since 1986; and WHEREAS, the Flood Insurance Rate Maps (FIRMS) are outdated and inaccurate; and WHEREAS, the Federal Emergency Management Agency (FEMA) is in the process of preparing new FIRMs; and WHEREAS, there have been millions of dollars in damage to private properties and public infrastructure caused by flooding events in the area; and WHEREAS, flooding places the public health and safety at risk; and WHEREAS, gravel deposits are steadily and rapidly increasing in SBCFSA streams, and the risk of flooding and related loss increases; and WHEREAS, subdivision and development in SBCFSA has increased dramatically since 1996, increasing flood loss potential; and WHEREAS, FEMA Disaster Assistance only provides a minimal amount of funding to repair damages to a home not covered by insurance to return it to a safe, sanitary, and functioning condition, but not to rebuild the home to current codes; and WHEREAS, merely returning the structures to their preexisting condition results in potential for repeated flood damage and destruction to the same properties; and Kenai Peninsula Borough, Alaska New Text Underlined: [DELETED TEXT BRACKETED) ~4%'f`` 1~A Ordinance 2009-09 Page 1 of 5 WHEREAS, according to the 2005 KPB comprehensive plan, enforcement of floodplain requirements is primarily through voluntary compliance and assistance from mortgage companies since the borough does not require building permits or inspections; and WHEREAS, the City of Seward has permitting regulations in place to assist with flood issues in the area of the SBCFSA within city limits; and WHEREAS, KPB Chapter 21.06 contains the minimal regulations required by FEMA for floodplain management, and these regulations alone have not proved an effective tool for mitigating flood damage in the SBCFSA; and WHEREAS, goal 6.7, objective 1, implementation action G of the comprehensive plan is to identify wetlands, floodplains, and erosion areas and minimize adverse impacts of flooding or erosion on neighboring properties; and WHEREAS, goa16.7, objective 2, of the comprehensive plan is to increase local participation in decisions regarding development in floodplains and wetlands; and WHEREAS, goal 6.7, objective 3, implementation action A of the comprehensive plan is to improve the borough's floodplain ordinance; and WHEREAS, at its _, 2009, meeting, the SBCFSA board recommended and WHEREAS, at its 2009, meeting, the Kenai Peninsula Borough Planning Commission recommended NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 21.06.020 is hereby amended by adding the following definitions: Q: SMFDA"means the 1986, 1995 and 2006 KPB GIS mapped flood data area within the Seward-Bear Creek Flood Service Area. R. Primarv structure" means a dwelling or building suitable for commercial use or anv structure which will be served by water or wastewater disposal systems or a fuel stora e tank SECTION 2. That KPB 21.06.030(B) is hereby amended as follows: B. Basis for establishing flood hazard areas. Flood hazard areas are identified as follows: vwu,aucc wuy-uy New Text Underlined: [DELETED TEXT BRACKETED] Page 2 of 5 Kenai Peninsula Borough, Alaska ~.~~~~ 1~B 1. By the flood insurance rate maps with an effective date of May 19, 1981, revised on July 5, 1983 and December 6,1999. The map panels numbered 020012-1350 and 1700 have been deleted and the areas depicted by these panels are not subject to the terms of this chapter. Excluding these panels, the flood insurance rate maps are adopted by reference and declared to be a part of this chapter. The flood insurance rate maps are on file at the planning department. 2. The 1986, 1995, and 2006 KPB GIS mapped flood data area within the Seward-Bear Creek Flood Service Area (SMFDA). A map showing this floodplain and flood data and a list of properties represented by this map shall be retained by theplanning department and made available to the public. If anyportion of a lot is included in the flood data mapped area, the entire lot shall be subject to the provisions of this chapter. Special provisions for development permits in the KPB mapped flood data area are set forth in KPB 21.06.045. Where the provisions applicable to the SMFDA district conflict with the provisions for development permits in the FIRM area, the provisions g_overnin~ the SMFDA district shall control. SECTION 3. That KPB 21.06.045 is hereby enacted as follows: 21.06.045. KPB GIS mapped flood data area. A. Base flood elevation in the SMFDA district. Base flood elevation in the SMFDA district is established by a licensed professional registered land surveyor at the hiehest point within 500 feet from the specific location of the p. roposed construction site measured down slope to the nearest ordinar~ah water mark of a stream. B. Exemption from SMFDA district A property owner may request the borough assembly remove a parcel from the SMFDA upon a showing_bX substantial evidence that his property was not inundated by flood waters in the 1986, 1995, or 2006 floods. The planning commission shall make a recommendation to the assembl~re ag rdin~ removal of a ,parcel from the SMFDA district.. C. Conditions. Only primary structures and floodwa_y development in the SMFDA district require a develo~mentpermit The permits in the SMFDA district are subject to the following conditions: 1. Primary structures in the SMFDA district shall be a minimum of five feet above base flood elevation. Below- rag de supports shall be at a two-to-one ratio as compared to the support above grade: 2. Foundations shall have an erosion resistant design• and Kenai Peninsula Borough, Alaska New Text Underlined: [DELETED TEXT BRACKETED] Ordinance 2009-09 j Page 3 of 5 ! ~-~ ~r~ 3. Where applicable, the standards for the permit is subject to the standards set forth m KPB 21.06.050• and D. Floodwavs within the SMFDA district An development in the floodwa ~s in the SMFDA dlstrlct located within the Resurrection River watershed Spruce and Sawmill Creeks shall be subject to the permitting requirements of KPB 21.06.050(C) E. If a preliminarv review of the ermit application by staff indicates that meetm~ the conditions set forth in KPB 21 06 045(C) may increase flood damage to adjacent or downstream grope or public infrastructure staff may require a proiect-specific design be submitted to the planning commission by a licensed professional civil engineer The lanninj? commission shall make written findings of fact supporting its grant or denial of a permit. The plannine commission ma~place conditions on the permit t0_protect downstream or adjacent properties or public infrastructure from flood damaue. F. Waivers. The variance procedure in KPB 21 06 060 only applies to permittine m the FIRM area Aproject-specific design pre ared b~ a licensed professional civil engineer or architect may be submitted for consideration to the planning commission in lieu of meeting the conditions set forth in KPB 21 06 045(Cl Based upon written findings of fact the plamm~>? commission ma~grant or den~the permit and place conditions on the permit it grants in order that the risk of flood damage to downstream or adlacent property or flood damage to public infrastructure will not be increased. The Grant or denial of a permit may be appealed to the Board of Adjustment within 15 davs of distribution of the planning commission's wr>tten decision. SECTION 4. That this ordinance is effective on the date of its enactment. The ordinance is not applicable to parcels where the "actual start of construction" has commenced as defined by KPB 21.06.020(M) prior to the date of enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF ~ 2009. ATTEST: Milli Martin, Assembly President Johni Blankenship, Borough Clerk °~~~-~~ tvew [ext Undertined• [DELETED TEXT BRACKETED] Page 4 of 5 ~.~ Kenai Peninsula Borough, Alaska 162 Yes: No: Absent: Kenai Peninsula Borough, Alaska New Text Underlined: [DELETED TEXT BRACKETED] Ordinance ?009-09 Page 5 of 5 1R~ ~, ~ KENAI PENINSULA BCyR~-Uf3H 144 North Binkley Street . Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441 PHONE: (907) 262-4441 • FAX; (907) 262-1892 a~~'" ~ www.borough.kenai.ak.us ..,,~.. MEMORANDUM DAVE CAREY BOROUGH MAYOR TO: Milli Martin, Assembly President Members, Kenai Peninsula Borough Assembly FROM: Ron Long, Assembly Member j DATE: January 23, 2009 SUBJECT: Ordinance 2009- ~~~ , creating a flood hazard district in the Seward area A federal disaster as a result of flooding has been proclaimed three times within the Seward-Bear Creek Flood Service Area ("SBCFSA") since 1986. Millions of dollars of damage to private properties and public infrastructure has resulted from these flood events. The Flood Insurance Rate Maps ("FIRMs") are outdated and do not encompass much of the area in the SBCFSA that is subject to regular flooding. It is not known when the updated FIRMS will be released. On January 20, 2009, a floodplain task force was formed to examine options for long- term solutions to the damage caused by the regular flooding which occurs in the SBCFSA. I am sponsoring this ordinance as the first step toward finding those long-term solutions. The Kenai Peninsula Borough's GIS division has mapped the area encompassed by the 1986, 1995, and 2006 floods outside the FIRM area. This ordinance increases the regulated flood hazard area within the SBCFSA to include the mapped 1986, 1995, and 2006 flood areas. Base flood elevation in the SMFDA (KPB SBCFSA Mapped Flood Data Area) will be established by application of a formula set forth in the ordinance. The permitting requirements will apply only to primary structures as defined by the ordinance and work within the floodway as defined by KPB 21.06.020(G). By limited regulation of construction of primary structures and floodway work, the ordinance seeks to protect adjacent and downstream property owners from suffering increased risk to their property as a result of projects within areas subject to regular flooding that currently require no borough oversight or permitting. I appreciate your support of this ordinance. __.~~ ~5.;~ 164 Nanci Richey 1 2/13/2009 12:45 PM March ,2009 March 2009 April 2009 S M T W T F S S M T W T F S 1 2 3 4 5 6 7 - _,__-__--- 8 91011121314 5 6 7 8 91011 15 16 17 18 19 20 21' 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 3i 26 27 28 29 30 ___ -- - Monday _ Tuesda _ Wednesda --- -`- Y-_,- Thursda __ -March 2~ - - 3i - --- ,-- _ Y _ - Frida - --- Y- -- - - - -- -__ --_ - , - _ _ 5 - 7:30pm P&Z Meeting ~i 12:OOpm PACAB Meeting ~ 7:OOpm City Council Meeting -- --- _- --- --- - - -- __ _ -- --- -- - - - - - - - --~ - 121. _ 11:30am Seward Community I;ibrary & Museum Building C~:;;mittee - - - - --16' - - ~ _ 6;30pm P&Z Work Session ~ 12;OOpm Session 6:30pm Historic Preservation Meeting _ _ _ ~ -- - 2J~ __ - _ Audit - - ~- - -- ?-4,y- - ~_ Audit 7:OOpm City Council Meeting 9:OOam Social Security Rep - - ~.~T 25~ - _ - - t, ,-- - - -~ _26- --- - _ 2 Audit Audit ~ _ - - _ _ _ 30 - -_ - _ --- Nanci Richey ~ ~ 2 2/13/2009 12:45 PM