HomeMy WebLinkAbout04072009 Planning & Zoning PacketSeward Planning & Zoning Commission
Meeti
.Sandie Roach'
Chair
Term Expires 02/10
Sue McClure
Commissioner
Term Expires 02/10
Vacant
Vice Chair
Term Expires 02/12
Terra Morgan
Commissioner
Term Ezpires 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
L'hristy 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
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 farsl 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. 1n the event
of such a request, the item is returned to the Regular
Agenda.]
7. Specialltems
A. Election of Chair and Vice-Chair ................Page 3
Planning and Zoning Commission
April 7, 2009
Regular Meeting Agenda
Page 1
1
8.
Public Hearings [Limit comments to 5 minutes. Those who have signed in will he given
the fast opportunity to speak]
A. Unfinished Business Items requiring a Public Hearing -None
B. New Business Items requiring a Public Hearing-
1. Resolution 2009-06 granting a Conditional Use Permit to Dennis and
Mary Bailey dba D&M Properties, to operate nightly lodging within two
multi-family dwelling apartment structures on Lots 23-34. Block 8,
Laubner Addition located at 1104 Fourth Avenue within the Harbor
Conunercial Zoning District .............................................................. Page 4
2. Resolution 2009-08 granting a Conditional Use Permit to Icicle Seafoods
to allow modified cargo containers used as temporary structures to serve
as employee living-quarters bunkhouses within the existing employee
campgrounds on Lot 2, Block 3, Leirer Industrial Subdivision within the
Industrial Zoning District ................................................................. Page 16
9.
10.
Unfinished Business -
A. Confirmation of the Commission's Wishes on the Flood Plain Ordinance UpdatePage 33
New Business -
A. Discuss the Planning and Zoning priorities in preparation for the Council and
Commission joint work session scheduled for April 8, 2009 at 6:00 p.m... Page 45
B. Discuss and set possible Commission work Session for April 21, 2009.
* C. Resolution 2009-07 granting a second six month extension to Conditional Use
Permit NO. 2008-03, issued to Nathan Orr for the remodel and construction of a
34 unit motel on Lot 3A, Block 18, Federal Addition, Orr Replat, 909 Fourth
Avenue within the Central Business District ............................................... Page 49
* D. February 17, 2009 Special Meeting Minutes ............................................... Page 62
11. Informational Items and Reports (No action required)-None
12. Commission Comments
13. Citizens' Comments [Limn 7o S minutes per individual - Lach individual has one opportunity to speak]
14. Commissions and Administration Response to Citizens' Comments
15. Adjournment
Planning and Zoning Commission
April 7, 2009
Regular Meeting Agenda
Page 2
2
P&Z Agenda Statement
Meeting Date: April 7, 2009
To: Planning and Zoning Commission
From: Executive Liaison Anne Bailey
Agenda Item: Election of Chair & Vice-Chair
BACKGROUND & JUSTIFICATION•
Each year the Planning and Zoning Commission must elect a Chair and Vice-Chair for the coming year.
The duties of the Chair are to•
l . Open the meeting on time and call the meeting to order;
2. Announce in proper sequence the business on the agenda;
3. Recognize members who are entitled to the floor;
4. State and put to a vote all legitimate motions that arise during the meeting:
5. Do not permit debate until there is a motion on the floor;
6. Protect the Commission from frivolous or delaying motions by refusing to recognize
them;
7. Enforce the rules regarding debate and keep order;
8. Expedite business in a way compatible with the rights of the members;
9. Decide all questions of order;
10. Respond to all inquiries of members;
11. Ensure that citizens address all remarks to the Commission; and
12. Declaze the meeting adjourned.
The Vice-Chair assumes the duties of the Chair when necessary.
The process for election of the Chair and Vice-chair is as follows•
The current Chair should open nominations. Anyone can nominate another commissioner as chair.
• If only one nomination is received, a motion should be made to close nominations and cast a
unanimous ballot for the chosen person. That motion will need a second and can be approved
by unanimous consent. (No role call vote is necessary).
• If more than one nomination is received, l will prepare ballots for each Commissioner to vote
for one nominee and sign his ballot. I will then collect the ballots, read the votes aloud, and
announce the prevailing nominee. A motion is then in order for someone to elect the nominee
as chairman. A second is needed and the motion can be approved by unanimous consent of the
commission.
The above procedures should also be used to elect a vice chair.
3
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-06
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, GRANTING A CONDITIONAL USE PERMIT TO
DENNIS AND MARY BAILEY dba D&M PROPERTIES, TO OPERATE
NIGHTLY LODGING WITHIN TWO MULTI-FAMILY DWELLING
APARTMENT STRUCTURES ON LOTS 23-34. BLOCK 8, LAUBNER
ADDITION LOCATED AT 1104 FOURTH AVENUE WITHIN THE
HARBOR COMMERCIAL ZONING DISTRICT
WHEREAS, Dennis and Mary Bailey, dba D&M Properties, have applied for a
Conditional Use Permit (CUP) to operate nightly lodging within the Harbor Lights multi-family
apartment buildings; and
WHEREAS, the property is located at 1104 Fourth Ave with a legal description of Lots
23-34, Block 8, Laubner Addition, within the Harbor Commercial Zoning District (HC); and
WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), Lodging,
multi-family dwelling apartment is allowed within the Hazbor Commercial Zoning District by
Conditional Use Permit (CUP); and
WHEREAS, having complied with the public notification process; on April 7, 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 nightly lodging within amulti-family
apartment buildings on Lots 23-34, Block 8, Laubner Addition, and made the following Findings
of Fact:
1. The use is consistent with the purpose of this chapter (the Seward Zoning Cade) and
the purposes oJthe zoning districs:
Finding: This condition has been established.
The properly is located within the Harbor Commercial Zoning District (HC). Nightly
lodging within amulti-family structure is allowed in the Harbor Commercial Zoning
District by Conditional Use Permit. The Hazbor Commercial 7.oning District provides an
area for water-dependent or water-related uses with particular emphasis on transportation,
tourist, recreational, commercial or industrial enterprises which derive major economic or
social benefit from a harbor location. Operating nightly lodging is consistent with the
other uses in the Harbor Commercial Zoning District.
4
Seward Planning and Zoning Commission
Resolution No. 2009-06
Page 2 of 3
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 virtually vacant land which is generally used as parking or
summer camping areas for summer visitor actives. The parcel adjoining to the North is
the City owned public boat launch, within Harbor Commercial Zoning_ The parcels to
the East are vacant land used as summer water front camping for motor homes with
portions zoned Harbor Commercial and portions zoned Park. To the West is the summer
camping/parking lot belonging to Seward Wildlife Curses, Inc. which is zoned Auto
Commercial. The area to the South is the City owned fish ditch, parking lot and baseball
field which are all zoned Park. There is no indication the requested nightly lodging
within 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.
The proposal is in harmony with the Seward 2020 Comprehensive Plan and Strategic
Plan (1999) in that both plans encourage growth of year-round business. The Small Boat
Harbor Management Plan (1993) recommends the commercial uses allowed in the Small
Boat Harbor to be targeted to those that strengthen and enhance the 5ma11 Boat Harbor as
a center for marine/tourist conveniences.
4. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been established.
All water, sewer, and power are available and in current use to the property. Suitable
refuse collection is currently in place. There is no indication or expectation of change to
the use of public services.
5. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been established
There is no evidence nightly lodging within the multi-family structure will cause any
additional concerns to public safety, health or welfare. Adequate fire, police and solid
waste disposal services are available to the property. The current parking plan for the
existing structure more than meets the Seward parking code. The applicant has noted that
the property provides extra parking for recreational vehicles to the tenants and guest of
the facility. The applicant is required to obtain a Seward business license and lodging
permit, which requires an annual life safety inspection of the units. There is no indication
the nightly lodging will be harmful to public safety, health or welfare.
6. Any and all specific conditions deemed necessary by the commission to fulfill the
above-mentioned conditions shall be met by the applicant These may include but are
not limited to measures relative to access, screening, site development, building design,
operation uJthe 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:
5
Seward Planning and Zoning Commission
Resolution No. 2009-06
Page 3 of 3
1. The use of the Harbor Lights Apartments for nightly lodging is subject to Seward
City Code¢15.10.225(b)(7) Multi family dwellings used for lodging purposes are
not required to be the business or property owner's residence. The use shall be
limited to not more than five apartment units (per building).
2. 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.
2. 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 D&M Properties to operate nightly lodging
within the Harbor Lights multi-family apartment buildings.
Section 3. The Planning and Zoning Commission finds that adherence to the conditions of
this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320;
Conditional Use Permits, and authorizes the administration to issue a conditional use permit.
Additionally, the administration shall periodically confirm the use conforms to the standards of
its approval.
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this Ti' day of
Apri12009.
THE CITY OF SEWARD
Sandie Roach', Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
6
P&Z Agenda Statement
Meeting Date: April 7, 2009
Through: Christy Terry, Community Development D~ctor
From: Donna Glenz, Associate Planner
Agenda Item: Resolution 2009-06 granting a Conditional Use Permit to Dennis
and Mary Bailey dba D&M Properties, to operate nightly
lodging within two multi-family dwelling apartment structures
on Lots 23-34. Block S, Laubner Addition located at 1104
Fourth Avenue within the Harbor Commercial Zoning District
BACKGROUND & JUSTIFICATION:
Applicants Dennis and Mary Bailey of D&M Properties has applied for a Conditional Use Permit
(CUP) to operate nightly lodging within two multi-family dwelling apartment structures on Lots
23-34. Block 8, Laubner Addition. The two structures are located at 1104 Fourth Avenue within
the Harbor Commercial Zoning District.
Nightly lodging within amulti-family structure is allowed by Conditional Use Permit (CUP) in the
Harbor Commercial Zoning District, as per Seward City Code (SCC) Land Uses Allowed Table
15.10.225. T'he Harbor Commercial District is defined as follows in the Seward City Code
15.05.025. Land use districts-(7) Harbor commercial district (HC). Provides an area for water-
dependent or water-related uses with particular emphasis on transportation, tourist, recreational,
commercial or industrial enterpriser which derive major economic or social benefit from a harbor
location.
SURROUNDING LAND USE AND ZONING:
The neighboring properties are virtually vacant land which is generally used as parking or summer
camping areas for summer visitor actives. The parcel adjoining to the North is the City owned
public boat launch, within Harbor Commercial Zoning. The parcels to the East are vacant land
used as summer water front camping for motor homes with portions zoned Harbor Commercial
and portions zoned Park. To the West is the summer camping/parking lot belonging to Seward
Wildlife Curses, Inc. which is zoned Auto Commercial. The area to the South is the City owned
fish ditch, parking lot and baseball field which are all zoned Park. There is no indication the
requested nightly lodging within the multi-family structure will negatively impact the value of any
of adjoining properties.
Floodplain status: According to the FEMA Flood Insurance Rate Map, this property is not located
in a flood hazard area.
Utilities:
7
Planning and Zoning Agenda Statement
Resolution 2009-06
Page 2 of 3
The property is served by existing public utilities and developed streets. Staff comments have
included the need for a nightly lodging permit, which includes an annual life safety inspection.
Adequate fire, police and trash services are available.
Parking:
The current parking plan for the existing structure more than meets the Seward parking code. The
applicant has noted that the property provides extra parking for recreational vehicles to the tenants
and guest of the facility.
Consistency Checklist:
Yes No NA
Comprehensive Plan (2020) X
3.2.1 Promote residential and commercial development within the city of Seward in accordance
with community values. (page 19) Promote expansion and development of local entrepreneurial
businesses. (page 16)
Strategic Plan (1999) X
This plan recommends adjusting local development regulations where appropriate to encourage
development that is consistent with the economic base vision (pg 5},
Small Boat Harbor Management Plan (1993) X
This plan states that commercial uses allowed in the Small Boat Harbor should be targeted to
those that strengthen and enhance the Small Boat Harbor as a center for marine/tourist
convenience uses and that do not detract from downtown's roles as the community's traditional
consumer shopping and services center.
a. Continue to limit small boat harbor cvmmercial development to water related and water
dependent uses only.
b. Through zoning, designate a specific range of commercial uses to be allowed in the small boat
harbor area -including public, commercial and marine industrial uses. (page 9)
Small Boat Harbor Planning and Development Guide X
Page 34 of the Guide states, "It (the Guide) does not cover commercial and tourist activities and
facilities in the harbor area"
Property owners within three hundred (300) feet of Lots 23-34. Block 8, Laubner Addition were
notified of this proposed conditional use permit action. Public notice signs were posted on the
property, and all other public hearing requirements of Seward City Code §15. 01.040 were
complied with.
At this time 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 April 7, 2009 meeting.
RECOMMENDED CONDITIONS:
a
Planning and Zoning Agenda Statement
Resolution 2009-06
Paee 3 of 3
1. The use of the Harbor Lights Apartments for nightly lodging is subject to Seward
City Code§15.10.225(b)(7) Multi-family dwellings used for lodging purposes are
not required to be the business or property owner's residence. The use shall be
limited to not more than five apartment units.
2. 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.
2. 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 2009-06 granting a Conditional Use Permit to Dennis and Mary Bailey, dba D&M
Properties, to operate nightly lodging within two multi-family dwelling apartment structures on
Lots 23-34. Block 8, Laubner Addition located at 1104 Fourth Avenue within the Harbor
Commercial Zoning District. Resolution 2009-06 includes the conditions recommended above.
9
D & M Properties
PO Box 24274]
Anchorage, AK 99524
877-677-7262
Seward
Harbor Lights Condominiums
Proposal for Nightly Rentals
We, Dennis and Mary Bailey (dba D & M Properties), are submitting this proposal for the nightly rentals
of two of our presently monthly rentals located at 1126 4~` Ave in the Seward Harbor Commercial 7_,one.
We would like to offer these two bedroom two bathroom units to the public during the months of May,
June, July, and August.
These condominiums and their property are currently grandfathered residential entities within the
presently defined Hazbor Commercial zone. We own all of the twelve condominiums on this site. Our
intention when purchasing them was to offer year round residential living to Seward residents; before
purchasing this property we determined that year round residences were a definite need in the community.
Our commitment to our tenants has been to provide affordable year round homes in an area that is central
to most business interests in the township of Seward; we have made a commitment to not ask our tenants
to move every summer season or raise their rents during that time. We, interestingly, have increased
vacancies during the winter months. No matter our signed one year leases more than a few people have
moved in in April and left in late August, leaving us with multiple vacancies during the winter season.
Our hope with the two nightly rentals is to increase our income during the summer to help pay our
mortgage during the winter.
Another contributing factor for our need to augment our yearly rental income is the current national
economic downturn which has been felt in Sewazd through inflated gas prices, food costs, and the
increase in utilities for our tenants as well as for us. In an effort to assist our tenants during last winters
fuel increases we lowered their rent by $200.OOea. during the months of higher fuel consumption; we
hoped that this would allow them to become accustomed to higher oil rates and adjust their budgets. The
cost of running the complex has also risen for us during this time perhaps also driven by the wildly
fluctuating cost of fuel. In any case, in an effort to continue our commitment to our tenants and to the
community of Seward we thought to use two of the units for nightly rentals/lodging. By generating extra
income during the summer with the nightly rentals we hope to be able to maintain a rent that would
remain affordable for middle income folks and their families in Seward. Last spring, in an effort to fairly
assess any possible impact on our tenants and their quality of home life, we had individual discussions
with most of the tenants and they supported our reasoning and proposed methods.
In an effort to upgrade and improve the building we have:
1. Painted the exterior walls and trim;
2. Replaced the least efficient of the oil burning boilers (5) with higher efficiency units (will do
more when cash is available);
3. Maintained the yards and parking area during all seasons;
4. Do interior upgrades such as carpet and linoleum when units are vacant.
10
D & M Properties
PO Box 242741
Anchorage, AK 99524
877-677-7262
We propose:
1. Offer two two bedroom two bathroom units equipped with full kitchen, washer and dryer.
single car garage from 1 May to 30 August with maximum occupancy of six;
2. Two parking places per unit -one in the garage and one in the individual driveway as well as
parallel parking for vehicles along the edge of pavement in pazking area;
3. Situate the two units together to lower the impact to tenants;
4. By only offering two units for nightly rentals we believe the impact to local traffic on 4`~' Ave.
will be minimal.
Both units offered for nightly rental will be equipped with:
1. Carbon monoxide/smoke detectors outside of each bedroom;
2. Fire extinguishers on each floor;
3. Boldly printed emergency exit routes for each floor;
4. Boldly printed tsunami routes for the area;
5. ?
We would like the opportunity to prove to the city of Sewazd that we are capable of maintaining our
property to the standards of your city ordinances and policies and also maintain our commitment to our
present year-round tenants while offering summer nightly rentals of two units to the general public_ We
believe, in our own small way, we are filling a need in the Seward community for year round middle-
income housing. During this time of economic downturn we hoped to use this summer nightly rental to
help us make it.
It has never been our intent to negatively affect the Harbor commercial zone and or the township of
Seward, in deed our intent and our actions have always been to enhance the Harbor area and benefit the
township of Seward. We respectfully ask the city to consider our proposal.
Dennis and Mary Bailey
11
h
CITY OF SFWAFC ~~ i
t (- __-_
f ~ 8 2 5 20C9
L._ ... __ ._ _~.~--
pLl~,nl";ING OFFI~[ J
CITY OF SEWARD
:OMMUNITY DEVELOPMENT OFFICE
.O. Box 7 67 • Seward, Alaska 99664
(907} 224-4048
CONDITIONAL USE PERMIT APPLICATION
h
This completed application is to be submitted to the Community Development Department no
later than three (3) weeks in advance of the next regularly scheduled Planning and Zoning
Commission meeting held the first Tuesday of each month. The application 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 undeveloaed land.
APPLICANT INFORMATION
Applicant:~n/~ ~~
Address: N~. ~J(~y o~~
Property Owner {if other than applicant):
Address:
PROPERTY DESCRIPTION
Address: ~Q'~ yf.~ ~~~ ~1r~ ~ ~~-(p ~{~ !-tUL,- Lot Size: (acres/SF)
Iii }3GDO~ ~~~
Lot Block Subdivision TaxParLLcelN/no~.__ - - 14?-3U~D1~(
Land Use Plan Designation: Zoning Designation: ~Qf LYJC' L.(1 Vbll'YlQ/Ci(q lL 2Ci)')~
DEVELOPMENT PROPOSAL INFORMATION
6 - ~5
A. What structures are located on the property? ~ l;~ ~ (~ ~ ~'(~Y(I(A"i1, (IY) I~s ~:vh
B. What is the existing use of the property? v~Q.~fCt,Q~ ~CT i~111 ~U j7(.n'Yl:~.ff'
C. What is the proposed use of the property C~YY-~(~~C( ~(f }'~{~(J (~Q~(,~fs ~`cS_QQ((.~/K1~Y7 n(~PYI I ~(Q 1~~~~
v .~
D. What i your develo m t time schedule? / /~/r
,~t ~ fly ~' aUCit~~t ~ l - ~ i/!11 . CUf1~r5fri~ q ~ .l~dYO~yr~ G~ ~
~.UCII-(jCi' (~. Gt Ul-x 1 ~.~ ,,~ LL -~/~ r~ tt ~-f /~ (re y l h n r vPG~ as .Q Q/!K R~-
cuPaeuniriuss ~CCC/ ~Sf ~~1~ UUU a 1 of ~1
E
~i~~
Telephone No.: Pl ~"~ ' ~ ~(p ~^
dl'I ~
Telephone No.: '
t 12
ATTACHMENT
Conditional Use Permit Application
The applicant hereby alleges that:
1. The use is consistent with the purpose of the Seward Zoning Code and the purposes of the
zoning district:
The Harbor Commercial Zoning District is currently "...intended to provide an area for
tourist, recreational, commercial, or industrial enterprises..." and "...primary lodging within
the Harbor Commercial District is nightly lodging..."(quotes taken from Ordinance 2009-
002). We, the applicants, allege our request for this conditional use permit to offer nightly
lodging in our multi-family dwelling is indeed consistent with the tourist, recreational,
commercial setting already existing in the Harbor Commercial Zone.
2. The value of the adjoining property will not be significantly impaired:
In fact we believe we have and will continue to maintain our buildings and surrounding
property in such a manner as to enhance the value of any adjoining property. We are
bordered by harbor parking to the North, Parks and Recreational camping on the east, Army
Corps of Engineers streambed on the South and Fourth Avenue to the West.
3. The proposed use is in harmony with the Seward Comprehensive Plan:
By creating an option for Alaskan families to enjoy affordable home-style nightly lodging in
the Harbor district our request is in harmony with the Seward comprehensive plan's desire
to create an atmosphere that draws tourists from the region as well as from outside to enjoy
and appreciate Seward's Marine history and marine recreation attractions. Our proposed
nightly lodging will create economic stimulus and local social benefit by encouraging family
travel to Seward further boosting the tourist recreational enterprises currently operating in
the Harbor Commercial Zone. Also in harmony with the Seward Comprehensive Plan we
ultimately hope that the nightly lodging will allow us to continue to offer affordable year
round housing for middle income families choosing to live in Seward.
4. Public services and facilities are adequate to serve proposed use:
We feel the public services and facilities already in place are more than adequate to support
our request. Nightly lodging in our multi-family structures by conditional use permit will
not create any greater impact on the district than other nightly lodging type businesses
already allowed in the Harbor Commercial Zone. Each of our units has 2 designated
parking spots with extra parking available if necessary. We do not foresee any extra
demand on the water or sewer utilities or any extra demand on the fire and police
departments.
5. The proposed use will not be harmful to the public safety, health or welfare:
We are concerned for the health and welfare as well as the public safety of all of our tenants
whether they are nightly or monthly. We continue to be committed to meeting and/or
exceeding all city and borough code requirements set forth in the City of Seward Codes
providing requirements and standards for nightly lodging within our community. Toward
that end we are planning to request the fire inspector assist us in developing a safe and
efficient plan for evacuation from all our units and we will seek any input from any
department in the city relevant to safety, health, and welfare. Also, as this is a conditional
use permit, we welcome the city's annual reevaluation of our performance in all safety
areas.
25 February, 2009
13
n
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) drivewayslaccess; el 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;
{ i Lessee;
( 1 Contract Purchaser;
( ) Authorized to act for a person who has the following legal interest:
I 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 mojflth.
Applicant's Signature:
Property Owner's Signature
Enclosed: Fee: 5250 f~1
Site Plan ( )
Elevation Plans ( 1
Location Map ( ~
Other area r~us l~ (>C1
~~~te~ tEk~e;~
CUP PEiiMR 11199
_s
5
3of3
14
~
~ ~ ~ a a -~5
_
p
k' '"
z -
_
s
a.
~ ~ •
;
~
"g~ ~~~5s . ~.. "
- ~ ,
~~ ~ ~
~~i- ~
P kv~'~ ta'd
~ 4 f~~
C ~
9U
a ~
._ m
~f
l (!Z 10~
ai w
c m
'n Q
E ~
v~
~ w
~ ~
~ o
C
L
~ C
~ J
a
~ ~ a~i
~ u.
al Z °o
L ~
J
~ a
~ U u'
L
2 O
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-08
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
CONDITIONAL USE PERMIT TO ICICLE SEAFOODS TO ALLOW
MOllIFIED CARGO CONTAINERS USED AS TEMPORARY
STRUCTURES TO SERVE AS EMPLOYEE LIVING-
QUARTERS/BUNKHOUSES WITHIN THE EXISTING EMPLOYEE
CAMPGROUNDS ON LOT 2, BLOCK 3, LEIRER INDUSTRIAL
SUBDIVISION WITHIN THE INDUSTRIAL ZONING DISTRICT
WHEREAS, Blaine Bazdazson, for Icicle Seafoods, Inc. has applied for a Conditional
Use Permit from the Seward Planning and Zoning Commission to allow modified cargo
containers used as temporary structures to serve as employee living quartersl6unkhouses within
the existing employee campgrounds on Lot 2, Block 3, Leirer Industrial subdivision; and
WHEREAS, the existing employee campground is located within the Industrial Zoning
District on the north end of the parcel leased by Icicle Seafoods, Inc. just to the west of
Northwestern Circle; and
WHEREAS, according to the Sewadd City Code, Land Uses Allowed Table 15.10.225,
bunkhouses and employee campgrounds are allowed in the Industrial 'Coning District by
conditional use permit; and
WHEREAS, many seasonal employees can not afford conventional housing during the
seasonal work months; and
WHEREAS, the temporary living-quarters bunkhouses are intended to provide a
cleaner/safer housing option for employees and will improve sanitation, public safety and health
in the area; and
WHEREAS, the modified cargo containers used as temporary bunkhouses are intended
to provide three (3) housing units within each container; and
WHEREAS, the exact location and site plan for the modified cargo containers has not
yet been determined; however the site plan shall be reviewed and approved during the temporary
building permit process; and
WHEREAS, the bunkhouse which had been permitted to Icicle Seafoods, Inc. by CUP
2006-01 in January 2006 was not constructed as a bunkhouse due to lack of funding; and
16
Seward Planning and Zoning Commission
Resolution No. 2009-08
Page 2 of 5
WHEREAS, in place of the planned bunkhouse a structure containing kitchen, dinning,
laundry and shower/bath facilities was built as accessory use to the main plant; and
WHEREAS, having complied with the public notification process, on April 7, 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. According to SCC 15.10.320.D., the Commission shall establish a finding that the
use satisfies the following conditions prior to granting a conditional use permit:
A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and
the purposes of the Zoning district.
Finding: This condition has been met or shall be by required conditions. The
property is zoned Industrial (I). The Industrial Zoning District provides an area for
business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling
and distributing operations, which may create some nuisance and which are not properly
associated nor compatible with residential land uses. It is intended to provide
environmental safeguards for people employed in or visiting the district. Some visual
amenity is expected in this district to make it compatible with adjoining residential or
business districts, SCC 15.05.025. (b) (10). Residential housing in an industrial zone is
not permitted outright due to environmental hazards and other nuisances. However,
housing in an industrial zone within a bunkhouse or employee campground is allowed by
Conditional Use Permit.
B. The value ojadjoining property will not be significantly impaired
Finding: This condition has been met or shall be by required conditions. The
existing employee campground is located in an area of mixed commercial and industrial
uses. The property to the north contains a hardware store/boat repair and storage facility.
Properties to the east contain a storage facility and a bulk fuel tank farm. Properties to
the west contain a bulk propane tank and a large ]ot containing a bunkhouse, kitchen,
dinning and bath house facility and other uses of the Icicles Seafoods plant. Properties to
the south contain a rental car agency and a warehouse. The use of the proposed
temporary structures to serve as employee living quarters bunkhouses would improve the
living conditions and the visual appearance of the exiting employee campground. There
is no indication the development will negatively impact the value of any adjoining
properties.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
17
Seward Planning and Toning Commission
Resolution No. 2009-08
Page 3 of 5
Finding: The proposal is in harmony with the Seward 2020 Comprehensive Plan
(2005) and Strategic Plan (1999) in that both plans encourage growth of year-round
business and both support the need for housing at all economic levels.
Seward 2020 Comprehensive Plan (2005)
The Comprehensive Plan promotes commercial development within the City of Seward in
accordance with community values. Section 3.3.1.1 supports a range of housing choices that
meet the needs of people in various income and age groups (page 22).
Strateeic Plan (1999)
Promote Residential and Commercial Development Inside the City. (First Bullet) Encourage
construction of residential and seasonal housing at all market levels. (page 9)
D. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been met or shall be by required conditions. Water,
sewer, telephone and electrical service are available within the area, as well as adequate
emergency services. Garbage dumpsters are available onsite. The employees housed
within the current employee campground site use the kitchen, dimung and bath house
facility located within the Icicle Seafoods structure to the West.
E. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been met or shall be by required conditions. There is
an identified need for seasonal housing in Sewazd, particularly for low income
employees. The modified cazgo containers used as temporary structures to serve as
employee living quarters bunkhouses will require a temporary building permit.
Temporary structures are allowed for a maximum of 180 days. The existing employee
campgrounds require an inspection by the City Fire Chief each year, for life safety issues.
Adequate fire hydrants exist within the required distances to the employee campground.
And adequate police and life safety service are available.
The Zoning Code does not have a specification for parking for bunkhouses or employee
campgrounds, which is probably due to the scarcity of these facilities. This degree of
flexibility allows for site-specific projections, based on the historical use patterns of the
applicant. A ratio of one parking space to ten (1 to 10) occupants at maximum capacity
should be sufficient, based on current and historic usage. Providing adequate parking for
the employees will mitigate parking concerns in the area.
Use of the modified cargo containers used as temporary structures to serve as employee
living quarters bunkhouses will facilitate in the removal of camper shells and other non-
permanent structures from "Tent City".
F. Any and all specific conditions deemed necessary by the commission to Julfdl 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.
t8
Seward Planning and Zoning Commission
Resolution No. 2009-08
Page 4 of 5
1. The modified cargo containers used as temporary structures to serve as employee
living quarters bunkhouses must meet the current building code requirements
each year as adopted by the City of Seward.
2. Placement on site of the modified cargo containers used as temporary structures to
serve as employee living quarters/bunkhouses must meet all zoning and land use
requirements of the Seward City Code.
3. The required parking shall be provided in accordance with SSC§15.10.215
Parking to incorporate required parking by code or Conditional Use Pernut for
existing structures, and existing employee campground at not less than a ratio of
one parking space to ten (1 to 10) occupants at maximum capacity.
4. The use of modified cargo containers used as temporary structures to serve as
employee living quarters bunkhouses is subject to the definition of a bunkhouse,
SCC,~15.10.140. Bunkhouse. A building used as living quarters for people such as
cannery workers or construction laborers where shower and sanitary facilities
are shared by several rooms and in which there are no individual cooking
facilities.
5. The use and placement of the modified cargo containers used as temporary
structures to serve as employee living quarters bunkhouses shall meet the
requirements of the Seward City Code, Article 6, Employee Campgrounds,§
8.15.610 through 8.15.630.
6. Any off site storage, within the City Limits, of the modified cargo containers used
as temporary structures shall meet the Planning and Land Use Regulations of Title
15.
7. Modification of final approval of a conditional use permit may, upon application
by the pertnitee, be modified by the Planning and Zoning Commission:
A When changed conditions cause the conditional use to no longer conform to
the standards for its approval.
B. To implement a different development plan conforming to the standards for
its approval.
C. The modification plan shall be subject to a public hearing and a filing fee set
by City Council Resolution.
Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the
above conditions satisfies the criteria for granting a conditional use permit provided the
conditions listed on Section 1, Subsection F are met by the applicant and/or the agent, and
authorizes the administration to issue a conditional use permit to the Icicle Seafoods to allow
19
Seward Planning and Zoning Commission
Resolution No_ 2009-08
Page 5 of 5
modified cargo containers used as temporary structures to serve as employee living
quarters/bunkhouses within the existing employee campgrounds on Lot 2, Block 3, Leirer
Industrial subdivision at Lots 4 and 5, Block 3, Leirer Industrial Subdivision, subject to the
above conditions.
Section 3. The Planning and Zoning Commission finds that adherence to the conditions of
this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320,
Conditional Use Permits, and authorizes the administration to issue a conditional use permit.
Additionally, the administration shall periodically confirm the use conforms to the standards of
its approval-
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7~' day of
April, 2009.
THE CITY OF SEWARD
Sandie Roach', Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
lean Lewis,
City Clerk
(City Seal)
20
P&Z Agenda Statement
Meeting Date: April 7, 2009
Through: Christy Terry, Community Development Dii1
From: Donna Glenz, Associate Planner ~q
Agenda Item: Request for a Conditional Use Permit by Blaine Bazdazson for Icicle
Seafoods, Inc. to allow modified cargo containers used as temporary
structures to serve as employee living-quarters bunkhouses within the
existing employee campground on Lot 2, Block 3, Leirer Industrial
Subdivision within the Industrial Zoning District.
BACKGROUND & JUSTIFICATION:
Blaine Bazdarson as an agent for Icicle Seafoods, Inc. has applied for a Conditional Use Permit
(CUP) to allow modified cazgo containers used as temporary structures to serve as employee
living-quarters bunkhouses within the existing employee campground on Lot 2, Block 3,
Leirer Industrial Subdivision within the Industrial Zoning District. T'he existing employee
campground, also know as "Tent City" is located on the northern end of the parcel leased by
Icicle Seafoods, Inc, just to the west of Northwestern Circle. The parcel currently contains a
warehouse, storage and the existing employee campground.
The Seward City Code, Land Uses Allowed Table ] 5.10.225, currently allows bunkhouses and
employee campgrounds within the Industrial Zoning District by conditional use permit. The
existing employee campground was reviewed by the Planning and Zoning Commission in May
of 1991 and is inspected annually for life safety by the Seward Fire Department.
SURROUNDING LAND USE AND ZONING:
The intent of the Industrial Zoning District (I) is as follows: SCC§ 15.050.025, Land Use
Districts--Established, Definitions, (10) Industrial district (I). Established as a district in
which the principal use of land isfor business, manufacturing', processing, fabricating repair,
assembly, storage, wholesaling and distributing operations, which may create some nuisance
and which are not properly associated nor compatible with residential land uses. It is intended
to provide environmental safeguards for people employed in or visiting the district. Some
visual amenity is expected in this district to make it compatible with adjoining residential or
business districts
The property to the North contains a hardware store, boat repair and storage facility.
Properties to the East contain a storage facility and a bulk fuel tank farm. Properties to the
West contain a bulk propane tank and a large lot containing a bunkhouse, kitchen, dinning and
bath house facility and other uses of the Icicle Seafoods plant. Properties to the South contain
21
a rental car agency and a warehouse. The use of the proposed temporary structures to serve as
employee living quarters bunkhouses would improve the living conditions and the visual
appearance of the exiting employee campground. There is no indication the development will
negatively impact the value of any of adjoining properties.
Development Requirements:
The modified cargo containers used as temporary structures to serve as employee living
quarters bunkhouses will require a temporary building permit- Temporary structures are
allowed for a maximum of 180 days. The site location and zoning review will be assessed by
staff during the building permit review process for the temporary structure building permit.
The existing employee campground requires an inspection by the City Fire Chief each year, for
life safety issues.
Floodplain status: According to the FEMA Flood Insurance Rate Map, this parcel is not
within a flood hazazd zone.
Utilities:
Water, sewer and electric are available to the property; however the modified cargo containers
used as temporary structures to serve as employee living-quarters bunkhouses will not be
connected to City water or sewer. Sanitary facilities are provided for the employee of the
current campground site at the kitchen, dinning and bath house facility located within the Icicle
Seafoods structure to the West. Electric service will be evaluated and reviewed during the
temporary building permit process. The applicanUagent has met with City staff and is aware of
these conditions. Adequate fire, police and solid waste disposal services are available to the
property.
Parking:
The Zoning Code does not have a specification for parking for bunkhouses or employee
campground, which is probably due to the scarcity of these facilities. This degree of flexibility
allows for site-specific projections, based on the historical use patterns of the applicant. A
ratio of one parking space to ten (1 to 10) occupants at maximum capacity should be sufficient,
based on current and historic usage. Providing adequate parking for the employees will
mitigate parking concerns in the area.
CaNSISTENCY CHECKLIST:
There is an identified community need for seasonal housing in Seward; improvement to the
employee campground area for seasonal employees is consistent with both the Seward
Comprehensive and Strategic Plans. Both plans encourage economic development and
growth.
Seward 2020 Comprehensive Plan (approved by Council, 2005)
The Comprehensive Plan recommends continuing every effort to encourage the development
of affordable housing for Sewazd's growing housing needs.
22
Strategic Plan (1999)
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.
"I'he Strategic Plan also promotes residential and commercial development inside the City
(page 9).
• Encourage construction ofresidentia] and seasonal housing at all market levels.
Property owners within three hundred (300) feet of Lot 2, Block 3, Leirer Industrial
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
§ 15. 01.040 were complied with.
No public concerns have been expressed at this time, if any comments are received after this
publication, they will be presented to the Commission at the April 7, 2009 meeting.
PROPOSED CONDITIONS:
1. The modified cargo containers used as temporary structures to serve as employee
living quarters/bunkhouses must meet the current building code requirements each year
as adopted by the City of Seward.
2. Placement on site of the modified cargo containers used as temporary structures
to serve as employee living quarters bunkhouses must meet all zoning and land use
requirements of the Seward City Code.
3. The required parking shall be provided in accordance with SSC&15.10.215
Parkins to incorporate required parking by code or Conditional Use Permit for existing
structures, and existing employee campgrounds at not less than a ratio of one parking
space to ten (1 to 10) occupants at maximum capacity.
4. The use of modified cargo containers used as temporary structures to serve as
employee living quarters/bunkhouses is subject to the definition of a bunkhouse,
SCC~I 5.10.14Q Bunkhouse. A building used as living quarters for people such as cannery
workers or construction laborers where shower and sanitary facilities are shared by several
rooms and in which there are no individual cooking facilities.
5. The use and placement of the modified cargo containers used as temporary
structures to serve as employee living quarters/bunkhouses shall meet the requirements
of the Seward City Code, Article 6, Employee Campgrounds,§ 5.15.610 through 8.15.630.
6. Any off site storage, within the City Limits, of the modified cargo containers used
as temporary structures shall meet the Planning and Land Use Regulations of Title l5.
23
7. Modification of final approval of a conditional use permit may, upon application
by the permitee, be modified by the Planning and Zoning Commission:
A When changed conditions cause the conditional use to no longer conform to the
standards for its approval.
B. To implement a different development plan conforming to the standards for its
approval.
C. The modification plan shall be subject to a public hearing and a filing fee set by
City Council Resolution.
RECOMMENDATION: The Community Development Department staff recommends
approval of Resolution 2009-08 granting a Conditional Use Permit to allow modified cargo
containers used as temporary structures to serve as employee living-quarters bunkhouses
within the existing employee campgrounds on Lot 2, Block 3, Leirer Industrial Subdivision
within the Industrial Zoning District. The Resolution includes the conditions recommended
above.
24
25
Blaine Bardarson
P.O. Box 689
Seward, Alaska 99664
Donna Glenz
Community Development City of Seward
P. O. Box
Seward, Alaska 99664
February 26, 2009
i CtlY OF SFINAF.O
r ~~
F E B ? 6 2ao9
i ~
t~LP,NNENG CFFiCE
~__-
The local seafood processing industry has always had the problem of what to do with large numbers of
relatively low paid employees of a short time. Some are left on their own, in which case they end up
trespassing on private and public property with camp sites that have no toilets or other necessary
amenities. Most are given an area to camp next to company bunk house facility. Tent city at Seward
Fisheries has up to 170 workers jammed into a small area. They sleep in abandon cars, old camper
shells with blue tarps on the roof and intents. The working environment at a seafood processing plant
is cold and wet. The employees work 15 hours a day 7 days a week. They then have to sleep in a cold
wet tent. The conditions are as bad as a third world refugee camp. It's just a matter of time before
there are serious heath problems.
The solution I propose is to provide low cost, clean and safe sleeping quarters on a temporary basses.
These sleeping quarters are converted freight containers. They will be delivered to the bunk house area
and then removed at the end of the season. Each 8' x 40' freight container has three 8' x 12' two bunk
rooms with a door and egress window. The rooms also have two closets, dresser and desk similar to a
dorm room. They are lighted electrically heated and have safety features like contiguous carbon
dioxide- smoke detectors and fire extinguishers. The interior and exterior of the containers will he
painted. This proposal will solve a big problem. If you need any more information call meat 362-3812
or email meat bardy ~seward.net .
Sincerely,
!" ~
~~ ' /
v
Blaine Bardarson
26
CITY OF SEWARD
-. COMMUNITY DEVELOPMENT OFFICE
_ P.O. Box 167 • Seward, Alaska 99664
{907) 224-4048
CONDITIONAL USE PERMIT APPLICATION
This completed application is to be submitted to the Community Development Department no
later than three (3) weeks in advance of the next regularly scheduled Planning and Zoning
Commission meeting held the first Tuesday of each month. The application must be
accompanied by the 5250.00 filino fee; and if property is already developed, an as-built
survey prepared by a surveyor registered in the State of Alaska; or scaled site and elevation
plans for undeveloped land.
APPLICANT INFORMATION
Applicant: ~ )~~i/ o ~
Address: P 3~~- ~~/~
~~'~ ~~ (~d-s~~ Tele hone No.:
Property Owner (if other than applicant): L~ ~~'~
Address: .3~~fpJ l~l~{®y,~^ ~0~ ~J / ~SL?g^ ~f~y~
/~"~"`jT~,~ Telephone No.: 2Z4~ ~ ~~~`
PROPERTY DESCRIPTION
Address: -1 ~jf,7~' l 1/'~j.~ hr~~f~ J/~ z
Sr~~Lot Size: (acres/SF) - ,
Lot Block Subdivision ~~~r~ 7,~-~-y~~ ~ Tax Parcel No. v~ ~
~~031
Land Use Plan Designation:
Zoning Designation:
DEVELOPMENT PROPOSAL INFORMATION
s
A. What structures are located on the ro ert ~ ~
P P Y • W~ie-e~ig~,~
B. What is the existing use of the property? / _ ,, f T~ ~/- ~~~ ~~~~~
-~-.- --!~LIf1~1N1/f~ ~~77Jf2~.~G
C. What is the proposed use of the property_ ~~
D. What is your development time schedule? ~y p 2
,r -~
-~_
QIP PERMIT 11/99
1 of 3
27
E. Prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit
fCUP}, it shall be established that the use satisfies the following conditions fSCC §
15.10.320):
The applicant hereby alleges that:
1. The use is consistent with the purpose of the Seward Zoning Code and the purposes
of the zoning district:
2. The. value of the adjoining property will not be significantly impaired:
~~
3. The proposed use is in harmony with the Seward Comprehensive Plan:
4. Public services and facilities are adequate to serve the proposed use:
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.
CUP PERMIT 11!99
2of3
28
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;
f ) Lessee;
( 1 Contract Purchaser;
( ) Authorized to act for a person who has the following legal interest:
I 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 Sign
Enclosed: Fee: $250 { )
Site Plan (•y~
Elevation Plans ( )
Location Map {ac}~
Other ( )
_~
s
CUP PERMfT 17/99 3 of 3
29
Page 1 of 3
<Backto Content ~ Help? ~~~ ~a.CflFl'}
art bcttFr r~t,iltc
Converting Shipping Containers for
Housing
Steel shipping containers, often seen as rusting hulks stacked high upon the decks of cargo
ships or in ports, are being converted into homes and building blocks.
Inter-modal construction means applying many methods -often unconventional ones -for
housing and commercial construction. It frequently implies recycling materials for reuse as
building components. More than 50 years ago, the U.S. converted steel shipping containers
for use as portable command centers and medical facilities in Korea. Now, architects,
designers, planners, and homeowners are finding renewed interest in these inter-modal steel
building units (ISBUs) as they look for affordable, sustainable housing options for the 21st
century.
Converting Containers for Construction
Steel shipping containers can be used for
affordable individual housing units or as
building blocks for larger homes or
structures. These units are designed to carry
everything from vases to Volkswagens all
over the world. They are sturdy,
manufactured to international standards,
easy to transport, readily available, and a
great cure for urban blight.
David Cross and his associates at Tampa
Custom Equipment and Tampa Armature
Works (TAW) are blazing a trail in container
housing. "We asked ourselves, `How can we
take a container and make it usable fora Shipping containers at Tampa Armature
conuacter,"' Cross says of their initial Works are cleaned, prepped, and fitted for
approach to designing container housing. windows and door openings before heading
Starting in 2003, Cross and TAW began to off to the construction site.
coordinate the development of a handful of
container-built homes in South Carolina, Florida, and California. Prior to their involvement,
there was no focus on adapting these containers for easy construction and use as housing
units. "No one organization, in my mind, designed and executed a container house for Sally
and Joe America before TAW," Cross says. With one house complete and three others under
construction, consumers may well ask why build houses out of rusty steel boxes.
S6ippiug Containers as Building Blocks
Containers make structural sense. They are manufactured with heavy-gauge Corten steel to
make them strong and fairly impervious to the elements. These ISBUs come in two
standardized sizes - 40 x 8 x 8 feet and 20 x 8 x 8 feet. They are ideal building blocks and
30
htFn•//wwwhnhvilarnm/I1rn~vTn lihra,~,/~'~.,.,P....... ch;,,,,;.,rt !`r.+++~;,,Pr~ f.,r TI..,.~.:.,.,.R Zn»nnn
Yage L of 3
can he stacked up to nine rows high without compromising their structural integrity.
"These are much stronger than anything
you'd nonnally build with," says Steve
Armstrong, a structural engineer who
partners with Cross in the design of these
buildings. "They are designed to withstand
the violent, pitching deck of a ship at sea."
ISBUs are resistant to fire and insect
damage, too. The corrugated-steel look is
easily camouflaged inside and out with
windows, siding, insulation, and drywall.
Reducing Construction Costs and
Environmental Waste
Container-built homes are popping up in
design competitions, urban planning
sessions, and university housing discussions
worldwide because they are ready-made,
modernist design that is eco-friendly, efficient,
consistent, strong, and available- This pre- durable, and visually exciting.
fab architecture is likely to continue as a
trend, helping to house homeless and displaced populations, build up without eating up
valuable land, and create easy, modernist expressions for urbanites and nature lovers alike.
"Through the use of an ISBU system, we can radically reduce the impact on the amount of
trees needed for a home," says Cross. "By as much as 99 percent." The system is green, easy,
and inexpensive. "It is an advantage that they are factory built. The structure goes up very
quickly," Armstrong says. With manufactured building systems, there is no guesswork or
fitting. They are built to specifications and aze consistent every time they arrive on site. This
reduces time for the building crew and architects as they are working with known and
reliable specs. "Pre-manufacture drives the costs down," says Armstrong. The savings come
from reducing the on-site labor and shortening the materials list. "If this type of construction
happens in large quantities, you will find significant savings," Armstrong says.
Barriers to Container Building
The number of container homes in the U.S,
is still quite low, but developments like
those in Desert Springs, California, Seattle,
Washington, London, and Amsterdam are
increasing their visibility. Builders
themselves can often be a major barrier to
new construction methods because it takes
time to educate the crews. During that initial
period, construction pace is down, which
makes it more costly. In the long run,
familiarity, ease, and speed will make this
type of construction easy and affordable,
especially in communities that lack
affordable housing.
_.:a
This container has been prepared on site for
Perhaps the biggest barrier to increased use as a building module. It has been
31
httn://www.bobvila.com/HowTo T,ihrarv/Cnnve.._.., Shinninu Cnntainerc fnr linnsinu-R . 3/'i/~(1t19
This model shows how shipping containers
are converted for use as building blocks in a
Page 3 of 3
production of container homes is the stigma insulated, painted, and fitted with exterior
that is attached to the ugly metal boxes left doors prior to delivery.
abandoned in urban slopping yards.
Transformative thinking and a willingness to move outside of the box can bring this
technology to the forefront of urban planning agendas everywhere.
Text by Mark Fuller
32
httn://www_hohvilar.nm/HnwTn T,ihrarv/(~nnvPr...._ Rhinnin`r !-',,,,t~;,,P,-~ f,.r u,.,,~;,,.. u ~«~~nnn
P&Z Agenda Statement
Meeting Date: April 7, 2009
Fo: 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 Seward City Code
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. In order to formalize their recommendation the item was part of the
agenda on the February ]Th Special Meeting. The Commission postponed making a decision
until the Borough's Flood Plain Task Force was able organize and have some initial meetings. At
tonight's meeting, the Commission should formalize their direction to administration by making
and approving a motion clarifying their wishes.
Attached you will find a memo from Contract Administrator Bob Hicks clarifying the
deficiencies in the current City of Seward Floodplain Management Ordinance. Commission
McClure and 1 serve on the Kenai Peninsula Borough's Floodplain Taskforce and could report on
the taskforce's progress in addressing floodplain development issues.
RECOMMENDATION:
The Commission should formalize their recomtnendations to the Administration on the
Floodplain Ordinance Update.
Possible motions:
"[ move to postpone updating Seward's Floodplain Ordinance until the Borough completes then
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."
33
MEMORANDUM
TO: Seward Plaiming and Zoning Commission
FROM: Bob Hicks, Conununity Development
THROUGH: Christy Terry, Community Development Director
SUBJECT: Deficiencies in Floodplain Management Ordinance, Ch. 15.25
DATE: Apri17, 2009
The City of Seward floodplain management ordinances govern floodplain development
on the south side of the Resurrection River. Kenai Peninsula Borough floodplain
management ordinances govern floodplain development in the same watershed on the
north side of Resurrection River. These two sets of municipal ordinances must be
campatihle fbr effeetine governance of development in the floodplain.
The City of Seward has been studying floodplain management ordinances extensively
during the past 18 months, first as a special project by John Bird for City Manager Phillip
Oates, and then as a part of my assigned rewrite of Title 15. We have learned much, and
have made substantial progress in understanduig administrative, ordinance-related
floodplain problems during that time.
Recently the Kenai Peninsula Borough Assembly approved the formation of a "Flood
Plain Task Force." It is being formed "for the purpose of examination of current flood
plain issues and the development of options for the Seward-Bear ('reek Flood Service
Area."
This comprehensive policy review by the Borough goes beyond mere administration and
ordnrance drafting (the scope of the City's completed effort). It includes compiling
historical data, reviewing existing development, and re-evaluating technical hydrological
and hydraulic data, which probably will eventually result in ordinance proposals to the
Borough Assembly. However; this initiative examhiurg issues and exploring options will
not result in any newly enacted Borough ordinances until some date after the impending
examination of issues and development of options by the task force, very likely to be
more than a year from now.
In the meantime, we know definitely that the present City ordinances governing
floodplain development clearly do not wmply with even minimal federal requirements.
This non-compliance could result in the City losing its Conununity Rating System status
(providing reduced flood insurance premium rates), being placed on probation by FEMA,
or even (unlikely but possible) being suspended from the federal program.
The federal compliance deficiencies in the local Seward ordinances should be corrected
as soon as possible. The fact that the City intends to cooperate with the new Borough
34
initiative reviewing issues and options, and eventually developing compatible ordinances,
does not mean that the City should declare an absolute moratorium today on all corrective
actions for floodplain management -suspending all imminently necessary ordinance-
revisions for another year or morn Rather, the City should implement corrective
ordinances today, and remain prepared to possibly revise floodplain ordinances a year or
more from now if in tact Seward's floodplain regulations arenrcompatible with Borough
ordinances enacted as a result of new issues and options developed by the Borough task
force and the Borough Assembly.
Stated another way, the City's intentions to work closely to ensure that local ordinances
arc consistent with Borough ordinances is not a reason to stop the present, matured work-
producl of the City for an unknown period of time into the future. The Borough's new
initiative is only reason to recognize the possible need to revise the City's ordinance at
some time in the future, if inconsistencies appear at some later date.
For legal reasons stated below, I recommend that the Seward Planning and Zoning
Commission should recommend to the Seward City Council that Chapter 15.25 of the
Seward ordinances be revised to bring these regulations into at least minimal compliance
with federal regulations now, together with the rest of the Title 15 revisions being
proposed to the Council for revision. This course of action is consistent with the City
continuing to work with the Borough task force, and it leaves open the possibility of
additional or different revisions of these ordinances in a year or so if we find that the
Borough Assembly adopts different ordinances addressing other issues and options
reconunended by the newly formed task force.
All of my connnents below compare and contrast the present SCC 15.25 with minimal
regulations required by 44 CFR §§59.1 and 60.3, the federal regulations for local
administration of the National Flood Insurance Program (supervised by FEMA). When I
indicate what the Seward ordinance "should" say, I am only saying that federal
regulations require Seward to adopt that standard as a rnininaum. Seward policy makers
(P&Z Commission and City Council) could choose stricter regulations immediately, if
you so choose.
Also, with the exception of Continent No. 29 below, I am addressing in this
Memorandum only those deficiencies that threaten the insurance rating and federal
compliance status of the Cily. I am not addressing in this Memorandum innumerable
other poorly drafted, ambiguous and contradictory provisions in the present Chapter
15.25, which defmitely should be edited for efl3cient administration, but which do not
pose an immediate threat to the federal status of the City in the Conununity Rating
System of the National Flood Insurance Program.'
' Failure of a local city to regulate floodplain development to at least the minimal standards in the federal
regulations (44 CFR §60.3) can result in the community (1) losing its meritorious "community rating
system" discounts in flood insurance premiums, such that everyone in the community pays higher
35
1. The definition of "breakaway wall" at SCC 15.25.020 fails to include potential
damage to "the supporting foundational system," as required by the federal definition at
44 CFR §59.1.
Moreover, the generalized definition of "breakaway wall" at SCC 15.25.020 in the
Seward ordinance obfuscates much more exacting design-safe loading resistances and
engineer-certifications required at 15.25.050(D)(3).
Finally, it is a general rule of good legal drafting that; where a word or term is used at
only one location in the chapter, definitional language should be placed at that location,
both for ease of reading and to reduce the likelihood of conflicting broader, contextual
misinterpretations.
2. The definition of a "coastal high hazard area" at SCC 15.25.020 does not comport
with either the definition of that term in the federal regulations (44 CFR §59.1) or in the
Borough Flood Insurance Study and the FIRM-mapped minimal regulation boundaries (V
zones) for local jurisdictions. It should be defined as the upland boundary of a cresting a-
foot wave atop a 100-year storm surge.
The definition in the Seward ordinance also fails to tie this definition to special flood
hazard areas (although that occurs by implication where "V" zones are identified as flood
hazard areas elsewhere in the ordinances).
Finally, the Seward definition errs in stating that FEMA-designated V zones include
"tsunami" computations and considerations. That is incorrect. "V" zones are determined
only by 100-year storm surge and 3-ft. waves cresting. There is no consideration of
tsunamis in the measurements for these V zones. However, a significant amount of
intormation about Seward tsunami hazards is available through sobering computer
modeling developed by the University of Alaska Geophysical Institute. Seward could
develop that concept of protecting "coastal high hazard areas" from tsunami hazards, if
you want to do so. I would be happy to give you more information if you are interested
in discussing that possibility further.
3. The definition of "floodway" at SCC 15.25.020 refers vaguely to "a designated
height, usually one foot, at any point." (Emphasis mine.) It does not specify a height for
Seward, but vaguely suggests -erroneously - that a one-foot rise in floodwater is
permissible across the entire "floodway."
We should not be referring here to aplain-English meaning of "floodway," but rather to a
unique, more precisely defined "regulatory floodway" used by FEMA and defined at 44
CFR §59.1. The difference was apparently lost in the translation to the Seward
ordinance.
insurance rates, or (2) being placed on probation by FEMA, or (3) being suspended from the National
Flood Insurance Program.
36
The FEMA "regulatory floodway" is the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot. Stated another
way, the FEMA `7egulatory floodway" is a hypothetical boundary drawn with the
premise that the outermost real boundaries of the actual waterway that normally carries
the base flood have now been filled to a theoretical newly compressed (and mapped)
boundary, such that the floodwater elevation in the newly restricted theoretical channel
has risen by one foot somewhere along the entire watercourse. That one-foot rise might
not occur at the site being observed, but might occur many milts downstream.
The area between the anginal base floodway and the depicted regulatory floodway is
called "the fringe." Federal regulations allow that encroachments in this "fringe" can
raise the base floodway a maximum of one foot somewhere along the entire watercourse.
But federal regulations do not allow any rise whatsoever in the central, regulated
floodway. That distinction is missuig from the definition in the Seward ordinance.
In summary, by suggesting in the ordinance-definition that aone-toot rise `4rsually" is
allowable across the entire floodway, Seward's orduiance does not comply with
minimum local enforcement requirements to qualify for federal flood insurance subsidies,
and, that defmition conflict with the later requirement in Seward ordinances of a "no-
rise" (as opposed to one foot) certificate in 15.25.050(0)(1).
4. The definition of "flooding" at SCC 15.25.020 fails to uiclude water-caused erosion
and mudslides, both of which must be regulated by Seward in accordance with the federal
defmition of "flooding" at 44 CFR §59.1.
The definition of "flooding" at SCC 15.25.020 also refers to "normally dry land areas."
Although that language follows the federal regulation, it's an arguable proposition in
Seward In this maritime climate; we should be defming ordinary conditions as
"normally dry or merely wet ...."
5. The term "flood hazard area" is defined at SCC 15.25.020 as what the federal
regulations call more precisely a "special flood hazard area." Flood maps use the same
federal phrase.
"Development" (as defined at SCC 15.25.020) is not regulated in all "flood hazard areas"
per the defmition at SCC 15.25.020, but only in some undet3ned, narrower "special flood
hazard" areas. This creates an ambiguity in the enforcement powers ofthe administrator.
At SCC 15.25.040(B)(6), the local administrator is instructed to interpret the boundaries
of "areas of special flood hazards," but at SCC 15.25.050(A) the standards apply to "all
flood hazard areas." The different phraseology suggests a difference in law that doesn't
exist in fact.
37
While the definition of "flood hazard area" in the Seward ordinance states, "Designation
on maps always includes the letters A or V," FEMA calls those A and V zones "special
flood hazard areas."
The defmition in the Seward ordinance for a Flood Insurance Rate Map contradicts the
local Code's defmition of "flood hazard area," by stating that these designated areas on
the FIRM are "special flood hazard areas."
Everything, throughout the Seward ordinances, should be defined and described
consistently with the same phrase, namely "special flood hazard areas" and not "flood
hazard areas" some places and "special flood hazard areas" other places.
6. Only the "FIRM" (Flood Insurance Rate Map) is defined and adopted by reference at
SCC 15.25.020. But Seward is also regulating the floodplain by another kind of a map,
the Flood Boundary and Floodway Maps ("FBFM"), which is neither defined nor
adopted by reference as a part of the local ordinance. (All Seward "floodways" -the
zones of highest velocities and greatest hazards -are depicted on FBFMs, not on
FIRMs.)
7. As a converse to paragraph 6 above, SCC 15.25.040(A) states that the City of Seward
requires a permit only for development `within flood hazard areas established in
§15.25.030(B)," which, in turn, refers precisely and only to the 1981-83 "FIRM" maps,
not the FBFM maps (where floodways are delineated). Arguably, Seward does not
require a permit for development in floodways because Seward specifically states it
requires permits only for development in flood hazard areas establishes on "FIRM" maps
and floodways arc not depicted on FIRM maps.
H. Like the omitted FBFMs, the FEMA Flood Insurance Study for the Kenai Peninsula
Borough (which includes the City of Seward) has not been adopted by reference as a part
of the Seward floodplain management ordinance, despite the fact that it is by far the most
fundamental document for what SCC 15.25.030(B) calls the "basis for establishing flood
hazard areas."
The FIS must be referenced regularly by a floodplain manager, both for interpreting the
maps and for determining permit requirements at specific locations. It is the fundamental
source-document containing
• local hydrological and hydraulic data,
• stillwater elevations,
• drainage areas and peak discharges for the base flood,
• descriptions of "V" zone transect locations,
• "V" zone transect data including base flood elevations,
38
• floodway velocities,
• base flood elevations in regulatory floodways, and
• flood profiles depicting on graphs the base flood elevations between cross-
sectioned locations on the maps.
The Flood Insurance Study is referenced internally at SCC ] 5.25.040(B)(4)(a), but it is
not formally adopted by reference as the essential piece of floodplain management that it
represents in administration ofthe floodplain.
9. The definition of "lowest floor" at SCC 15.25.020 fails to indicate that the
measurement occurs at the "top" of that floor. This detail is important because, by
contrast, in a coastal high hazard V zone, the measurement is taken at the "bottom" of the
lowest horizontal structural member.
Also, while this "lowest floor" definition in the Seward ordinance includes a "basemcnt,"
the ordinance fails to define a "basement." In the FEMA regulatory world, a "basement"
is a much more limited and technical concept than ordinary parlance would suggest, and
it needs to be distinguished in definition from e.g., a crawlspace, or a foundation or a
cellar or a garage below grade on only two or three sides.
10. The definition of "manufactured home" at SCC 15.25.020 includes recreational
vehicles (by other names) if they remain on site more than 180 consecutive days. A
person can get around this Seward regulation simply by removing the RV on the 179`h
day and returning it to the site on the 181 S` day. (The federal regulation suffers the same
defect.)
The FEMA regulations (but not Seward's ordinance) provides that an RV being "fully
licensed. and ready for highway use" is another alternative distinction from a
manufactured home, and 44 CFR §60.3(c)(14) defines precisely what is meant by the
phrase quoted above.
11. The definition of "starC of construction" in the Seward ordinance does not contain a
separate and distinct definition of "actual start" fora "substantial improvement," unlike
the federal regulation, 44 CFR §59.1, For purposed of measuring time (to ensure
construction starts within 180 days of issuance of a building permit), the federal
regulation offers one definition of "actual start" fora "substantial improvement" and
another definition of "actual start" for other construction of structures. The Seward
orduiance-definition treats both the same, thereby causing ambiguity in the tuning of
compliance for "substantial improvements."
12. The definition of "substantial improvement" does not comport with the definition
of that term at the federal regulation, 44 CFR §59.1, particularly regarding the related
legal concepts of "start of construction," the tie-ni with "substantial damage" in the
39
federal regulations, and the exceptions granted for con•ective construction and for historic
structures..
While the Seward ordinance defines "start of construction," and the federal definition of
"substantial improvement" is tied back into such a definition of "start of construction,"
the Seward definition of "substantial improvement" does not measure value in terms of
"start of construction," but rather in terms of "before the improvement or repair is
started" - a concept nowhere defined in the orduiance or federal regulations. Clearly
Seward is saying something different from the federal regulations, but we would be hard-
pressed to describe exactly how the ordinance applies to a real factual circumstance.
Secondly, unlike the federal regulations, the Seward ordinance does not define
"substantial damage," but nonetheless tics "substantial improvement" into that concept
(in a legally acceptable, but vague manner). The concept of "substantial damage" plays
significantly into defining the limits of grandfathering rights of citizens.
Thirdly, construction to correct code violations, and construction at historic structures
are, in the federal regulations, made exceptions to the general rule.. The Seward
definition contains no such exceptions from "substantial construction."
13. Because the Seward ordnnance does not define and use the concept of "substantial
damage" found un the federal regulations, there is no clear grandfathering limits for
structures damaged in a flood. A legal 'interpreter must parse a meaning from the
definition of ``substantial improvement," and the result is uncomfortably ambiguous.
Seward's ordinances should have a clear statement of what level of damage results in loss
of grandfathering rights to reconstruct apre-existing structure.
14. For all development in the flood hazard areas, elevation information is required at
SCC § 15.25.040(A)(2) "in relation to mean sea level." Again, at SCC
~15.25.040(B)(4)(b)(i), the reference occurs "in relation to mean sea level." However,
Seward's maps are based specifically on National Geodetic Vertical Datum of 1929
("NGVD"). For clarity, the ordinance should refer specifically to that standard datum of
reference in the maps that the administrator will be using. (The federal regulations also
use the less clear term, "mean sea level," however, unlike the City ordinance, the federal
regulations include a definition of that term, demonstrating clearly that they mean
NGVD. A simpler, less convoluted method of legal drafting is to use the NGVD
reference itself.)
15. Cert~cations "by a registered professional ... architect" are allowed at three
locations in the Seward ordinance.'` However, in Alaska, architects are not necessarily
qualified to give these certifications. That possibility should be deleted fiom the Seward
ordinance.
~ SCC §1525.040 (floodproofing methods). SCC §15.050(B)(1)(b) (alternatives to scuppers for enclosed
areas below the lowest floor). SCC § 1525.050(C)(1) (no rise in regulated floodways)
40
76. SCC §15.25.050(A)(1)(a) merely states that construction must be anchored "to
prevent flotation, collapse, or lateral movement of the structure." The federal regulations
state, more precisely, at 44 CFR §60.3(a)(3) that the anchoring is to prevent "...
movement of the structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy...." This additional qualifying standard is important because, at
some locations in both the federal regulations and the Seward ordinances, only the
"hydrostatic" loading standard applies.
17. SCC §15.25.050(A)(1)(b) requires only that manufactured homes must be anchored.
However, 44 CFR §60.3(b)(8) requires that local regulations must require that
manufactured homes be both "elevated and anchored...."
Also, the federal regulation cited above makes clear the fact that the anchoring standard
is "in addition to applicable State and local anchoring requirements for resisting wind
force." That clarification is missing from the Seward ordinance.
18. SCC §15.25.050(A)(4) and its sub-subsections apply only to "subdivision proposals"
in Seward, but the federal regulations at CFR §60.3(a)(4) require the same standards for
"manufactured home parks" (which may or may not be a subdivision).
19. While 44 CFR §60.3(b)(3) requires a developer of a subdivision or manufactured
home park to include base flood elevation in the application, if that information is not
available on the maps and if the development is larger than either 5 acres or 50 lots, SCC
§15.25.050(A)(4)(d) vaguely states in the passive voice,4 "it shall be generated...." Any
reasonable person can ask, "By whom"`? There is no clear statement that the developer
must generate this information, not the City.
20. Where anon-residential structure has been waterproofed, SCC §15.25.050(B)(2)(c)
requires only that a registered professional engineer certify that the standards have been
met. But the federal standard at 44 CFR §60.3(c)(4)(i) also requires that the registered
engineer "shall develop and/or review structural design, specifications, and plans for the
construction...." This professional representation of either hands-on design or
thorough review, along with the professional certification, ensures that the certification is
not founded in partial information. It should be a part of the City's ordinance.5
21. SCC §]5.25.050(B)(1)(b) requires scuppers to equalize hydrostatic flood forces for
"[i~ully enclosed areas below the lowest floor that arc subject to flooding...." But 44
CFR §60.3(c)(5) defines these enclosed areas more precisely, and requires that these
enclosed areas must he `usable solely for parking of vehicles, building access or storage
~ E.g., 44 CFR §603(5) and SCC §15.25.050(B)(1)(b) require scuppers iu enclosed spaces to "equalize
hydrostatic [but not hydrodynamic and buoyancy] flood forces."
a Use ofthe passive voice in legal drafting frequently results in creating ambiguities. This is an example of
that happening. 17ie ordhrance fails to state clearly that it is the developer :r responsibility to generate this
data.
s While the Seward ordinance fails to include this detail of compliance with federal regulations at SCC
§152.050(B)(2)(c), the Seward ordinance does meet the same federal requirement of both professional
representation and certi/ication in the context of coastal high hazard areas at SCC § 15.25.050(D)(2)(c).
41
ul an area other than a basement." The Seward ordinance should be amended to add
those qualifiers.
22. SCC §15.25.050(B)(3) contains two defects related to manufactured homes. First,
it fails to recognize grandfathering rights acknowledged in the federal regulations, which,
by contrast, distinguish how manufactured homes should be treated according to the
status of the mobile home park (pre-existing or new or expanded), and whether the earlier
manufactured home was "substantially damaged." 44 CFR §60.3(c)(6) and (12)
Secondly, SCC §15.25.050(B)(3) refers back, for "adequate anchoring," to simpler,
vaguer standards at SCC §]5.25.050(A)(1)(b), when in fact the federal regulations
require that the local government apply stricter standards of anchoring (including
foundational anchoring) wherever base flood elevation information is available on maps.
23. While the federal regulations at 44 CFR §60.3(c)(8) require that residential structures
have the lowest floor elevated at ]east two feet if the FIRM does not include highest
adjacent grade in an AO zone, the Seward ordinance says nothing about AO zones.
(An AO zone is sheet flooding with unpredictable flow patterns, usually alluvial in
nature. There are no established water surface elevations or base flood elevations in an
AO zone.)
24. SCC §15.25.050(c)(1) provides for no-rise certification by a professional engineer
for development in a floodway. However, it does not state the no-rise standard of
determination required by the federal regulation. 44 CFR §60.3(d)(3) requires that it
must be "demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard enguieering practices...." That precisely stated, federally
required measure of assurance should be added to the City's ordinance. (In one sense,
the City's ordinance exceeds the federal standard, by requiring no-rise "certification" by
a registered professional. The federal regulation does not require certification per se, but
only that the no-rise condition be "demonstrated" usuig methods described above.)
25. SCC §15.25.050(D) adds additional design and construction requirements for
structures in a "coastal high hazard area." But the introductory sentence of that ordinance
refers vaguely to being "in addition to meeting all provisions in this ordinance." What is
"this ordinance"? Is it the subsection, the section, the chapter, the title? The sentence
should state more precisely "ni this chapter."
26. SCC §15.25.050(D)(3) provides that spaces below the lowest floor must be
"constructed with breakaway walls." The federal regulations provide, more specifically,
"constructed with non-supporting breakaway walls, open tivood lattice-work, or inseci
screening intended to collapse under wind and water loads...." The "non-supporting"
qualifier is the only significant omission ul the Seward ordinance.
27. SCC §15.25.060(b)(2) allows a variance for reconstruction of structures listed on
the National Register of Historic Places. By contrast, the federal regulation provide
more precisely, at 44 CFR §60.6(a), that this variance is possible only after "a
42
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure acid the variance is the minimum necessary
to preserve the historic character and design of the structure." .
SCC § 15.25.060(b)(2) also states that the exception for historic structures occurs
"without regard to [sic] the procedures set forth in this section." However the federal
regulation requn•es the historic structure question to go through the full variance-review
process.
28. The federal regulations require that the community official notify the applicant for
a variance "that (i) the issuance of a variance to construct a structure below the base
flood level will result ut increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance and (ii) such construction below the base flood level
increases risks to life and property." 44 CFR §60.6(a)(5)
But the Seward ordinance falls far short of that federally required level of notice. SCC
§15.25.060(b)(8) states only that "Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted to be built with the lowest floor
elevation below the base flood elevation and that the cast of flood insurance will be
commensurate with the increased risk resulting form the reduced lowest floor elevation."
29. Alluvial floods are high velocity floods. Lt Seward's alluvial flooding, these high
velocities carry huge quantities of bed-load gravels, causing remarkable erosion and
accretion along the watercourse that changes the course of floodwaters literally overnight
- far more quickly than FEMA can afford to remap Seward.
The consequence is that natural flood accretion has filled some areas within FIRM and
FBFM regulated "A" zones, such that these areas are no longer special flood hazard
areas, and, natural flood erosion has scoured some other areas outside the FIRM "A"
zones, such that they now are special flood hazard areas. In short, FIRM and FBFM
mapping cannot be revised fast enough to keep up with changing terrain, and yet
floodplain regulation is restricted to mapped "A" zones. In the present ordinance, the
local Seward administrator has no legal authority to regulate beyond obsolete A zones,
and developers on high, dry property must get permits because the land remains in these
obsolete A zones. (FEMA does offer map amendment and tnap revision procedures, but
small landowners should not be put to the expense or time required to gain these federal
amendments and revisions, if possible.)
The definition of the "base flood" is founded in frequency of recurrences of flooding.
The fact that we have experienced severe flooding outside the designated "A" zones in
1986, 1995 and again in 2006 suggests (almost intuitively) that the designated "A" zones
on 1983 maps no longer define base-flood boundaries for the City of Seward. However,
as noted above, nothing in the present ordinance authorizes the local administrator to
review development for floodplain compliance outside these obsolete "A" zones. t'
~ Some have argued that SCC 15.25.040(B)(3) grants the local administrator authority to regulate areas
beyond A zones, using data other than the FIS and FIRM/FBFM information. However, that sub-
43
Because the grossly outmoded Seward maps no longer have a reasonable relationship to
the legitimate governmental purpose of effective floodplain management, I recotrunend
that the local administrator should be granted ordinance authority to review development
in a broader category of "flood-prone areas," (as opposed to more limited "special flood
hazard areas"), in a manner similar to what FEMA provides at 44 CFR §60.3(x) for
communities that have no mapped A zones yet. I would be happy to describe this idea in
greater detail, if you are interested in hearing more about it.
For all of the reasons stated above, my recommended revisions of Title 15 will include
revisions of Chapter 25, to bring Seward into minimal compliance with FEMA
regulations, until the Borough task force and Borough Assembly bring forward
something specific for additional or different ordinance revisions at the City level.
subsection limits the administrator's discretion to "when base flood e]evation data has not been provided in
accordance with § 15.25.030(B). i.e. to the unnumbered A zones, or, A zones with no base flood elevation
provided. It also limits the use of that data "to administer subsection B., Specific standards and C,
Floodways, of §15.25.050."
SCC §]5.25.050 is limited, by its awn terms, to application "in all flood hazard areas," which, as
noted above, are defined as only A and V zones.
Moreover, sub-subsection, SSC 15.25.040(B)(3), cannot be read to apply more broadly than its
parent sectional parameter, and SCC 15.25.030(A) limits this broader sectional parameter to "flood hazard
areas established in §15.25.030(B)."
We need some ordinance authority from the City Council to get beyond the limits of the "flood
hazard areas" defined in the FIRM, and to authorize the administrator to use state, federal and other data to
review for permitting needs in a broader category of"flood-prone areas."
44
MEMORANDUM
Date: April 7, 2009
To: Planning and Zoning Conunission
Through: Community Dev. Director Christy Terry
From: Executive Liaison Anne Bailey
Subject: Discuss the Planning and Zoning priorities in
preparation for Council and Board joint work
session scheduled for April 8, 2009 at 6:00 p.m.
BACKGROUND & JUSTIFICATION:
The City Council has set a joint work session with Planning and Zoning on April 8, 2009 from
6:00-7:00 p.m. to discuss Planning and Zoning's priorities.
The 2008 Planning and Zoning Priorities are attached. Track changes and staff comments have
been incorporated for your review. Annually, priorities are proposed by the Commission and
confirmed by Council. Please review and discuss recommendations to bring to Council during
tomorrow's work session.
RECOMMENDATION:
Staff recommends the Board review 2008 Planning and Zoning Priorities information and make
any changes they deem necessary in preparation for the joint work session with Council.
45
Sponsored by: Planning and Zoning Commission
CITY OF SEWARll, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2008-09
A RESOLUTION OF THE SF,WARD PLANNING AND ZONING
COMMISSION RECOMMENDING THE PLANNING COMMISSION
PRIORITIES FOR 2008
WHEREAS, the Seward City Council Rules of Procedure, adopted March 14, 1994, state
that the Council should meet in an annual joint work session with the Commission every March
to address areas of mutual concern; and
WHEREAS, the Commission and Council held a joint work session, updated and
reviewed the Planning and 'Coning 2007 Priorities List on March 25, 2008; and
WHEREAS, at the April 1, 2008 meeting the Planning and Zoning Commission
reviewed and prioritized the Priorities List; and
WHEREAS, at the May 8, 2008 meeting the Planning and "/.oning Commission reviewed
and approved the 2008 Planning and Zoning Priority List; and
WHEREAS, the Planning Department have adequate staffing to accomplish the
priorities listed below.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The following List of Priorities for 2008 is hereby approved:
PRIORITIES
1) Recruitment for P & Z (One Conunissioner is needed.)
2) Rewrite of Title 15_(~7~~15,hicks is cun-ently draltin~. The draft should be con?pleted in 30
--
da~s and we can bcgi~l T,->>ork sessions osi ?~~tav 19, 2009. T'he Cornrnissi~n i1e~d_s_to decide
if they will move forward with the I~loo_c[plain C)rdinance•i
3) Municipal Lands Management Plan (1995)- Update in conjunction with the Capital
Improvement Plan and the City Land Disposal Policies and Procedures- Review and
Update (l~cizy martin was hired tc bCHin this update and has completed the initial
property ownership data collection. Community Develo~nent Staff will begin [he plan
updates when the data has been transferred.)
~~ ni,,..~:..,. ~~,,.,,..,:~~:,.., o„io~ ,.+ n..,.,.oa,.,.o., n~.,,i,.~ (Cnmpleled~
46
Seward Planning and Zoning Commission
Resolution 2008-09
Page 2 of 3
5) Enforcement- inclusive of the following but not exclusive of other enforcement issues
Code Violations and CUP's (Adequate Staffing) (Adequate staffing has been achieved.
Compliance with City Code is an on-going item UpdatnQ Chapter 1 ~ will clarify ~~~hat
regulations should be in the code and what the community ~NOU~d like entorced. See
priority ~'2 for status of code uxrdate.}
6) Meet with Port and Commerce Advisory Board to discuss the South Harbor Uplands.
(P&Z and Council have authorized the Souti-t [ larbor Uplands Fiat. "1-his ~~,-ill be ~o
before the Borottrh for app--oval. Onve~proa~ed - P ~k G ~h-ill determine the ~13nn~
designation. PACAB has passed a resolution with their recommendation. Developm_eut
plans for the area could involve a ~oint work sessicn. but should also include Council t
7) Waterfront Park Replat (Administration would like to complete T~~~o Laires Parr Replat
n7 2009 and complete the Waterli-ont Park Replat in 2010. 'hhere are y-6 parcels that
require deeds. The cost to replat wilt have to be approved be Council in the 2GIG
buds
8) Two Lakes Park Replat (A surveyor waa contracted to provide an as-bailt of the
emer~encv evacuation route. This is the first step in replattin, Tw%o Lakes Part.
_~dministratiou would like to complete in X009 ~ fain there are 5-6 arp cell that re uirc
deeds. This item is currently in the budget.
9) Nash Road Bench Study ~o roG~ess at this time. Not a bnd~eted item._Administration
could pursue a rfp for a study if this remains a prioritYand this could be part of the 201 Q
hud~et.)
10) Annual Community Values Meeting- February 2009 (P&Z is revive,-inr the ce~m!nur~it,r
~~alues notes from the previous 2006 public n~ecting Au amrual reviev~r of the
Comprehensive Plan is reouircd trader SCC ~ 2. X0.225 Powers and duties (3). Once tI>i~
year's reviely is completed a public hearing must be held This should more correctly
read for "Annual Review of the City of Seward Com rehensive Plan."
FOLLOW PROGRESS MADE BY OTHER ENTITIES
AARC Master Plan
^ ~-~-~^~-' "~~°'°- ~'~^ Completed and submitted to the City of Seward.l
Parks and Recreation Master Plan (1993) (In progress.)
Section 2. This resolution shall take effect immediately upon its adoption.
47
Seward Planning and Zoning Commission
Resolution 2008-09
Page 3 of 3
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 8~h day of
May, 2008.
THE CITY OF SEWARD, ALASKA
AYES: Anderson, Heinrich, McClure, Keil
NOES: None
ABSENT: Roach'
ABSTAIN: None
VACANT: Two
ATTEST:
Jean Lewis
City Clerk, CMC
Marianna Keil, Chair
(City Seal)
48
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING ANll ZONING COMMISSION
RESOLUTION 2009-07
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
SECOND SIX MONTH EXTENSION TO CONDITIONAL USE PERMIT
NO. 2008-03, ISSUED TO NATHAN ORR FOR THE REMODEL AND
CONSTRUCTION OF A 34 UNIT MOTEL ON LOT 3A, BLOCK 18,
FEDERAL ADDITION, ORR REPEAT, 909 FOURTH AVENUE WITHIN
THE CENTRAL BUSINESS DISTRICT
WHEREAS, on April 15, 2008 the Planning and Zoning Commission approved
Resolution 2008-06 granting a Conditional Use Permit (CUP) to Nathan Orr to remodel,
construct and operate a 34 unit motel on Lot 3A, Block 18, Federal Addition, Orr Replat, 909
Fourth Avenue; and
WHEREAS, the Seward Zoning Code (SCC) §15.10.320.G(1) stipulates an approved
CUP lapses six (6) months after approval if no building permit is procured or if the allowed use
is not initiated; and
WHEREAS, (SCC) § 15.10.320.G(2) states the Commission may grant time extensions
not to exceed six (6) months each upon a finding that circumstances have not changed
sufficiently to warrant a reconsideration of the approval of the CUP; and
WHEREAS, on October 21, 2008 the Planning and Zoning Commission approved
Resolution 2008-15 granting a six (6) month extension to original Conditional Use Permit
number 2008-03; and
WHEREAS, on March 17, 2008, Nathan Orr requested a second six month extension of
CUP 2008-03, stating within the request there had been no changes to the original plan.
NOW, THEREFORE, BE 1T RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. Circumstances have not changed sufficiently to warrant reconsideration of the
Conditional Use Permit issued to Nathan Orr on April 15, 2008 to remodel and construct a 34
unit motel on Lot 3A, Block 15, Federal Addition, Orr Replat.
Section 2. Conditional Use Permit number 2008-03, issued to Nathan Orr on April 15, 2008
and extended on October 21, 2008 is hereby issued a second extension until October, 2009.
49
Seward Planning and Zoning Commission
Resolution 2009-07
Page 2 of 2
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7"' day of
Apri12009.
THE CITY OF SEWARD
Sandie Roach', Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT: One
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
50
P&Z Agenda Statement
Meeting Date: April 7, 2009
Through: Christy Terry, Community Development irecto
~~~
From: Donna Glenz, Associate Planner
Agenda Item: Resolution 2009-07 granting a second six month
extension to Conditional Use Permit 2008-03
issued to Nathan Orr to allow demolition, remodel and construction of an
additional 22 units, for a total of a 34 unit motel on Lot 3A, Block 18, Federal
Addition, Orr Replat, 909 Fourth Avenue
BACKGROUND & JUSTIFICATION:
On March 17, 2009, Nathan Orr, owner of Murphy's Motel submitted a request for a second six month
time extension for Conditional Use Permit 2008-03. This request for an extension was submitted prior
to the expiration of the permit. The plans by Nathan Orr to demo, remodel and construct an additional
22 units on Lot 3A, Block 18, Federal Addition have not changed.
Seward City Code § 15.10.320.G(1) stipulates an approved Conditional Use Permit lapses six (6)
months after approval if no building permit is procured or if the allowed use is not initiated.
Conditional Use Permit 2008-03, issued to Nathan Orr lapses April 2009, which is six (6) months after
the first extension was granted.
Seward City Code § 15.10.320.G(2) states the Commission may grant time extensions not to exceed six
(6) months each upon a finding that circumstances have not changed sufficiently to warrant a
reconsideration ofthe approval of the CUP. Nathan Orr has stated in the written extension request that
no changes have occurred or are planned. Construction plans are hoped to be completed and submitted
to the City for a building permit in the spring of 2009.
CONSISTENCY CHECKLIST: Yes No
Seward Comprehensive Plan (20201 X
3.2.1 Promote residential and commercial development within the city of Seward in accordance with
community values. (page 19) Promote expansion and development of local entrepreneurial businesses.
(page 16)
Strateeic Plan (1999) X
The Strategic Plan encourages development that is consistent with our economic base vision. "Promote
Residential and Commercial Development Inside the City." (Page 9)
RECOMMENDATION:
Staff recommends approval of Resolution 2009-07, granting Nathan Orr, Murphy's Motel a second six
month extension to Conditional Use Permit 2008-03.
51
r--- ------__-..~._ _ ._._ .
Murphys Motel
900 Fourth Ave.
Seward Alaska
March 17, 2009
Donna Glenz
Associate Planner
City of Seward
i
NCR 1 ' 2009
i
~PLN~!NING OFFICE ~ f ~
Donna
Please submit a request for time extension to the commission for CUP re: expansion of Murphys motel.
We are still involved in Engineering and other issues and could not start before.
The project will proceed as it was originally submitted. No change to design or usage.
Respectfully
Nathan Orr
52
SEWARD PLANNING & ZONING COMMISSION
CONDITIONAL USE PERMIT
N0.2008-03
(amended 1999-03 CUP)
Extension by P&Z Resolution 2008-15,
1Ot21R008
ISSUED TO: Nathan Orr
Murphy's Motel
909 Fourth Avenue
P O Box 1409
Seward AK 99664
EFFECTIVE
DATE: Apri125, 2008
LOCATION: Lot 3A, Block 18, Federal Addition
This Conditional Use Permit is granted by the Seward Planning and Zoning Commission to the
Nathan Orr dba Murphy's Motel to amend Condifional Use Permit 1999-03, to demo, construct and
operate a 34 unit motel located at 909 Fourth Avenue, within the Auto Commercial Zoning District,
subject to the following conditions:
1. In accordance with the Land Use Plan designation of Auto Commercial and to minimize the
impacts on the adjacent properly to the south, a minimum five foot setback is required along
the south property line. (This condition shall remain in affect)
2. A total of 28 off street Barking spaces will be provided for the 34 unit motel during the life of
the motel. The location of the 28 pazking spaces required must be approved by the staff
through the building permit process.
3. All areas not devoted to buildings, drives, walks, parking areas or other authorized
installations shall be covered with one or more of the following: lawn grass, natural or
ornamental shrubbery or trees.
4. A traffic ingress and egress plan shall be submitted to and approved by the City.
5. The applicant shall continue to work with the City staffthrough the building permit process
to address and accomplish the required upgrades to the public utilities.
53
~~,
Conditional Use Permit 2008-03
Page 2
6. The Planning and 'Coning 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 pennittee 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-
7. 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.
An approved conditional use permit lapses six (6) months after approval if no building pernut is
procured ar if the allowed use is not initiated. The Seward Planning and Zoning Commission may
grant time extensions not to exceed (6) months each upon a finding that circumstances have not
changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A
request for an extension must be submitted prior to the expiration of the permit. A public hearing
shall not be required prior to granting an extension of time (SCC' 15.10.320.G).
Failure to adhere to all the conditions of this permit may result in revocation of the permit and
possible civil and criminal penalties.
PASSED AND APPROVED by Seward Planning and Zoning Commission Resolution
No.2008-06, April 15, 2008; Extended by Reso 2008-15, October 21, 2008.
THE CITY OF SEWARD, ALASKA
By:
onna Glenz
Planning Assistant
RETiJRN TO:
Planning Office
City of Seward
P.O. Box 167
Seward, AK 99664
54
~~ --,
A_
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
.RESOLUTION 2008-06
A RESOLUTION OF THE SEWARD P~.ANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
AMENDING- THE ORIGINAL ;CONDITIONAL USE PERMIT
ISSUED Tfl NATHAN ORR BY RESOLUTION 99-04 TO ALLOW
DEMOLITION, REMODEL AND :CONSTRUCTION OF A 22 UNIT
MOTEL ON LOT 3A, BLOCK 18, FEDERAL ADDITION, ORR
REPEAT, 909 FOURTH AVENUE
WHEREAS, applicant I+lathan Orr was granted a Conditional Use Permit (CUP)
by Planning and Zoning Commission Resolution 99-04, on June 2, 1949 to develop a 12
Unit motel on Lots 3 and 4, Federal Addition, and
WHEREAS, the applicant has applied to amend the original CUP to remove
remodel and construct a 22 unit motel on the replatted parcel of Lot 3A, flock 18,
Federal Addition, Orr Replat, for a total of 34 units, and
WHEREAS, the parcel is currently zoned Central Business District (C$D), and
WHEREAS, according to the Seward City Code, § 15.1.0.225 Land Uses Allowed
Table, a motel within the Central Business ;District {CBD) is a conditionally permitted
use, and
WHEREAS, having complied with the public notification process, the Seward
Planning and Zoning Commission held the required CUP public hearing on April 15,
2008_
NOW THEREFORE BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section i. According to SCC §15.10.320.D, the Commission shall establish findings
that the use satisfies the following conditions prior to granting a conditional use permit:
"The use is consistent with the purpose of this chapter (the Seward Zoning Code) and
the purposes of the zoning district " (SCC §15.10320.D.1)
55
Seward Planning and Zoning Cotnnrission
Resolution No. 200 -
Page 2
a
Findings: This condition has been or will be established through the conditions. ~
Zoning: The property is zoned Central Business District (CBD). The Central
Business District is intended to provide fot an area of convenient, attractive,
concentrated commercial development primarily intended for retail, financial,
entertainment and professional services occurring within enclosed structures.
Regulations applying to this zone are designed to encourage a compact group of
businesses of the type which are mutually beneficial and located close enough
together to encourage walk-in trade. Hotels and motels are allowed in the Central
Business District by Conditional Use Permit.
Setbacks. There are na building setbacks required in the CBD, except where the
CBD abuts a residential district a minimum setback equal to that required of the
abutting residential district is required. Although the abutting parcel to the South
is caned Central Business District the use has been a single family home with a
business. Condition number 1 of the existing CUP states "a minimum five foot
setback is required along the south property lure. " Based oa the submitted site.
plan a five foot setback from the south property lure was provided during the
construction of the existing two story 12 unit structure and this condition shall
continue to remain in affect.
Parluna. 'T'he current site plan identifies off-street parking for the motel.
Although the Zoning Code does not require any on-site parking in the CBD,
condition number 2 of the existing CUP required "one a,,~-street parlEing space
per guest unit for a total of 12 on-slte parlaing spaces". In zoning districts that
require Parking, hotels and motels ere required to provide one space Per guest unit.
Based on the submitted site glen, the developer continues td provide the currently
required 12 spaces plus 16 additional on site spaces for a total of 28 spaces.
Based on historic occupancy records of Murphy's Motel, the developer has
submitted a request that the Commission allow less than a full space per unit. The
developer has requested a .8 ratio for the 34 units for a total of 2'7.2 or 28 foil
spaces.
"TJFt uelra of aiyoinisg pioperiy will nor be slgn~icwrtly impaired" (5CC
§15.10.320.D.2)
Finding: This condition has been met.
The neighboring properties are predominantly commercial including an auto
service business and boat storage yard to the north; business and single family
homes to the south; the city-owned ball field to the east and a bank and
commercial office building to the west. The existing I? unit motel has operated
for many years on the same par+eel. There is no indication that the proposed
56
Seward Planning and Zoning Commission
Resolution No. 200 - 6
Page 3
remodel and expansion of the motel would negatively impair the value of
adjoining property. Condition number 3 of the existing CUP required "All areas
not devoted to buildings, drives, walks, parking areas or other authorized
installations shall be covered with one ar more of the followi»g: lawn grass,
natural or ornamental shrubbery or frees. " This condition shall continue to
remain in af, j`ect.
"The proposed use Is In karnrorry with the Seward Comprehensive Plan." (SCC
§15.10.320.D3)
Finding: The proposal is in harmony with the Seward 2020 Comprehensive Plan
and Strategic Plan in that both plans encourage growth of year-round business.
Sewall 2020 Cumnrehensive Plan Promote residential and commercial
development within the city of Seward in accordance with community values.
(Section 3.2.1 at Vol. 1, page 19) Promote expansion and development of local
entrepreneurial businesses. (Community Values at Vot. 1, page l6)
Strs~pig Plan The Strategic Plan encourages development that is consistent
with our economic base vision. "Promote Residential and Commercial
,r Development Inside the City." (page 9)
"Public Services and facilities are adequate to serve the proposed rrs~" (SCC
§15.10.320.DA)
Finding: This condition has been or will be established 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
itureased demand. Adequate fire, police and solid waste disposal services are
available to the property. City code also requires that every business within the
City must provide containers suitable for refuse collection (SCC 14.05). Based on
the submitted site plan the dumpster is screened and located off the rear alley. Al]
construction waste and debris must be removed weekly and upon completion of
construction.
"The proposed ase will hot be kartgJ'ul to the public safety, health ar welfare" {SCC
§15.iD.32D.D.S)
Finding: This condition has been established or will 6e through the conditions.
There is no evidence that the proposed remodel and expansion of the motel, as
.. proposed, would be harmful to the public's safety, health and welfare. The
57
Seward Planning and Zoning Commission
Resolution No. 200$-E)6
Page 4
building construction shall meet all current building and fire code requirements.
Close walking proximity to the Seward Small Boat Harbor makes the motel
location beneficial tb visitor circulation supporting the Harbor Commercial
business district.
°`Any and all specific conditions deemed necessary by tke commission to jw(J71! tke
above-mentioned conditions skull be met by tke applicant Tkese may Include but are
not linrlted to measures relativr to occess, scretnlRg, site development, banding design,
operation of tke rse and other similar aspects related to tke proposed use." (SCC
§15.10.320.D.6)
Section 2. Based on the above findings and conclusions, the amended CUP is
approved subject to the following conditions:
,., , 1. In accordance with the Land Use Plan designation of Auto Commercial and to
nunimize the impacts on the adjacent property to the south, a minimum five foot
setback is required along the south property line. ('This condition shall renutin in
affect)
2. A total of 28 off street parking spaces will be provided for the 34 unit motel
during the life of the motel. The location of the 28 parking spaces required must ...s
be approved~y the staff through the building permit process.
3. All areas not devoted to buildings, drives, walks, parking areas or other
authorized installations shall be covered with one or more of the following: lawn
grass, natural or amamental shrubbery or trees.
4. A traffic ingress and egress plan shall be submitted to and approved by the City.
5. The applicant shall continue to work with the City staff through the building
permit process to address and accomplish the required upgrades to the public
utilities.
6. 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 pennittce applies for a modification to meet a
different development plan that confornts to the standards and legal requirements
for approval of a conditional use permit.
7. Any proposed modification plan shall be subject to the public notice and public
hearing requirements of Iaw, which shall occur only after payment of the filing
fee established by resolution of the city council.
58
Seward Planning and Zoning Commission
Resolution Na. 2008-06
Page 5
Sectioa 3. The Planning and Zoning Commission finds the proposed use, subject to
the above conditions satisfies the criteria for granting an amended conditional use permit
provided the conditions listed on Section 1, Subsection F. are met by the applicant, and
authorizes the administration to issue a conditional use permit for the additiona122 units,
for a total of a 34 unit motel to Nathan Orr at 909 Fourth Avenue, Lot 3A, Block 18,
Federal Addition, Orr Replat, subject to the above conditions.
'oa 4. The Planning and Zoning Commission finds that adherence to the
conditions of this permit is paramount in maintaining the intent of Seward City Code
Section 15.10.320; Conditional use permits, and authorizes the administration to issue a
conditional use permit, Additionally, the administration shall periodically confirm the
use conforms to the standards of its approval.
Section 5. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15th
day of Apri12008.
THE CITY OF SEWARD
'anna Keil,
AYES: Anderson, Heinrich, Keil, McClure, Raach'
NOES: None
ABSENT: None
ABSTAIN: None
VACANT: Two
ATTEST:
JeanlLewis, C~C f ~ .••"~~c ~~~•,,,
GityllClerk J ~~J O~ w1.Pl.~p~ •a,,
(City Seal) ~ ,~~- "''"'
~ ,
- t;
'~ ~ ...:~
.~,
r
+i.a>~« 6WM
Cs4` Y~"~ ~~~~~
59
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2008-15
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
SIX MONTH EXTENSION TO CONDITIONAL USE PERMIT NO. 2008-
03, ISSUED TO NATHAN ORR FOR THE REMODEL AND
CONSTRUCTION OF A 22 UNIT MOTEL ON LOT 3A, BLOCK 18,
FEDERAL ADDITION, ORR REPEAT, 909 FOURTH AVENUE WITHIN
THE CENTRAL BUSINESS DISTRICT
WHEREAS, on April 15, 2008 the Planning and Zoning Commission approved
Resolution 2008-06 granting a Conditional Use Permit (CUP) to Nathan Orr to demolish,
construct and operate a 22 unit motel on Lot 3A, Block 18, Federal Addition, Orr Replat, 909
Fourth Avenue; and
WHEREAS, the Seward Zoning Code (SCC) §15.10.320.G(1) stipulates an approved
CUP lapses six (6) months after approval if no building permit is procured or if the allowed use
is not initiated; and
WHEREAS, (SCC) § 15.10.320.G(2) states the Commission may grant time extensions
not to exceed six (6) months each upon a fmding that circumstances have not changed
sufficiently to warrant a reconsideration of the approval of the CUP; and
WHEREAS, On September 23, 2008, Nathan Orr requested a six month extension of
CUP 2008-06, stating within the request there had been no changes to the original plan.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. Circumstances have not changed sufficiently to warrant reconsideration of the
Conditional Use Permit issued to Nathan Orr on April I5, 2008 to remodel and construct a 22
unit motel on Lot 3A, flock 15, Federal Addition, Orr Replat.
S c~ Conditiopal Use Permit number 2008-03, issued to Nathan Orr on April 15, 2008
rs hereby extended until. April; 2'008.
Sec ' This resolution shall take effect immediately upon its adoption.
60
Seward Planning and Zoning Commission
Resolution 2008-15
Page 2 of 2
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 21S` day of
October 2008.
THE CITY OF SEWARD
-D
N rianna Keil. Chai
AYES: Anderson, Ecklund, Heinrich; Keil, McClure
NOES: None
ABSENT: Roach'
ABSTAIN: None
VACANT: One
ATTEST:
r ~~
~~` ~~ C~
Je~ Lewis, CMC%
Ci • Clerk .J
@®~~ee®eaoaaas
pe`~ ~~ ~~,_a®s®m
ae ~~ ' * ~„' `'`j`'o
e e
a _
(City Seal)
m ~ ~ F::~
6 u....._., .._..,
. -.
® c c ~ ~ a' 1
~ .QS N'
GLEE ~ t ~`O
•~~ ~~ r 'w'cac~`a. a. pe s~~`~a~~0
O~,Ftaa '` ~ s ~'° 464G
61
Ciry of Seward, Alaska
February 17, ?009
Planning Commission.~linutes
Volume 6, Page 2 3 6
Call to Order
The February 17, 2009 Special Meeting of the Seward Planning & Zoning Commission was
called to order at 7:30 p.m. by Chair Roach'.
Opening Ceremony
Commissioner Heinrich led the Pledge of Allegiance to the flag.
Roll Call
There were present:
Sandie Roach' presiding, and
Sue McClure Cindy F,cklund Christina Stauffer
Steven Heinrich Tena Morgan
comprisuig a quorum of the Commission; and
Christy Terry, Cottununity Development Director
Anne Bailey, Executive Liaison
Excused were: Margaret Anderson
City Administration Report
Community Development Director Christy Terry updated the Commission of the
following business items:
• The Long Tenn Care Facility project contnmed with minor delays and UNIT's scheduled
date of substantial completion remained September 24, 2009 and the final completion date
was October 21, 2009. As of February 3, 2009, the amount that remained on the current
contract including unapproved change orders was $80,000 and if additional change orders
exceeded this amount admittistration would go before Council for additional funds.
• The Mil] Street Vista Avenue Public Hearing would be held on February 24, 2009 in
Council Chambers.
• Sasic zoning interpretation questions had been answered regardntg flood zone designations,
building permit reviews, business license and membrane structures.
• Determined the Mai Property could not be used as a bunkhouse in amulti-family zoning
district and the decision could be appealed by the National Parks Service.
• A Port and Commerce Advisory Board work session would be held February 18, 2009 at
noon to discuss the Mary Lowell Center and North Harbor Development recommendations.
62
City of Seward, Alaska
February 17, 2009
Planning Commission Minutes
Yoh.nne 6, Page 2 3 7
• Borough Ordinance 2009-09 was being addressed at the Borough Assembly meeting
tonight. A phone link was available at the local Borough office for participation in the
meetings. She clarified what was included in the Ordinance.
• Welcomed Tena Morgan and Christina Stauffer to the Commission.
• She stated there were two additional lay downs for Resolution 2009-04.
• Thanked Margaret Anderson for her service to the Planning and Zoning Commission.
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 (McClure/Heinrich) Approve the Agenda and the Consent
Agenda
Motion Passed Unanimous
The following items were approved on the Consent Agenda:
January 20, 2009 Special Meeting Minutes
Unfinished Business Items requiring a Public Hearing -None
New Business Items requiring a Public Hearing -
RESOLUTION 2009-02, Recommending City Council and the Kenai
Peninsula Borough Approval of the Preliminary Replat of Seward Small Boat
Harbor, South Harbor Addition I:ocated Within the Harbor Commercial
District
Terry reviewed Resolution 2009-02 stating there was a plat for the new South Harbor
Uplands. She reviewed the plat in great detail.
In response to Ecklund, Terry stated the dotted areas on the plat denote the paved parking
and she explained the easement located in the lower left to upper right.
In response to Staufi~ter, Teny stated the area had not been platted and cun-ently did not
exist. She stated the area needed to be officially platted.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
No one else requested to be heard and the public hearing was closed.
63
Ciry of Sewax'd, dlr~cka Plmxning Commission Minutes
Fehi~uary 17, 2009 volume 6, Page 2 3 8
Motion (McClure/Ecklund) Approve Resolution 2009-02
In response to Ecklund, Terry stated the platted area would be designated Harbor
Commercial and Parks districts. She stressed that the zoning designation could come back before
the Commission at a later date.
In response to Heinrich, Terry confirmed the plat would have to go before Council and be
forwarded to the Borough Assembly for review.
Motion Passed Unanimous
RESOLUTION 21109-03, 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
Terry reviewed Resolution 2009-03 statnig Captaui Jack's Seafood Locker currently had a
business in Harbor Commercial district where they processed conunercially and recreationally
caught fish and this was an effort to separate the two uses. Shc clarified the conditions placed on
this conditional use permit and stated staff supported Resolution 2009-03.
In response to Ecklund, Terry defined street legal vehicles.
In further response to Ecklund, `ferry stated forklifts were allowed on City streets with
permission from the police chief.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Jerry Waliezer, outside city limits, thanked the Commission for their service. He thought
Captain Jack's usage was appropriate for the nidustrial area. He stated that forklifts were not legal
vehicles and did not see them continuously on the street.
Elle Zernia, outside city limits, stated she owned Captaui Jack's and was available for any
questions.
Karr Anderson, Seward Harbormaster, stated Steve and Elle Zernia run a fantastic
business and the business they were proposing was needed. She spoke in favor of the business plan
and hoped the Commission would do the same.
No one else requested to be heard and the public hearing was closed.
Motion (Ecklund/McClure)
Approve Resolution 2009-03
64
Caty of Sewrard, Alaska Planning Commission Mintetes
February 17, 2009 T/nh.~~~. ~ n~~., ~ z a
Ecklund spoke in favor of the busnless and stated she was excited this business was
expanding, thought transportation of product would be closer to the facility, and would improve
the safety of the business.
McClure agreed this business plan was good and well thought out.
Stauffer thought this was a good idea and would reduce the congestion in the small boat
harbor.
The Commission suspended the rules to allow Elle Zernia to speak.
In response to Roach', Zernia stated she used anon-street legal insured mini truck to
deliver sport fish and the Chiefs concern was that she would drive this vehicle all over. She
explained the business would pick up commercial fish with a commercially licensed box van or
boom truck.
Motion Passed
Unanimous
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
Terry reviewed Resolution 2009-04 stating Blue Rose Enterprises currently operated a
multi-family use in the Central Business District which was grandfathered in. She continued with
the additional five rooms they would need a conditional use permit. She explained some
nusconceptions, discussed parking requirements; avd reviewed the conditions for the permit.
In response to Heinrich, Terry stated this business allowed monthly apartment rentals and
wanted to increase to 14 units. Terry clarified multi-family uses were allowed in the Central
Business District by Conditional Use Permit.
In response to Ecklund, Terry stated the business was not operating under a Conditional
Use Permit, they had parking spaces and the five parknig spaces were currently on site and five
additional spaces were not needed. She clarified that currently the parking spots were not a
requirement for the business.
In response to Roach', Christy confirmed this business had apartments and had operated
commercial ventures on the first floor.
Notice of public hearing being posted and published as required by law was noted and the
public hearing vas opened.
Bernie Gerald, outside of city limits, stated he was the director of Scaview Community
65
City of Seward, Alaska Planning Commission Minutes
February 17, 2009 b'olume h, Page 240
Services and were located across from this facility. He voiced his concern with adduig additional
units and not adding additional parking. He requested more parking be required since people park
in the SeaView lot.
In response to Ecklund, Gerald stated he had not called Community Development and or
the Police Department about having unauthorized people parking in the SeaView lot. He confirmed
the lot was posted as a private lot.
In response to Roach', Gerald stated one to three unauthorized cars parked in their lot but
in the summer it could become more crowded. He stated the streets are open when people have
parked in their lot and the area was more secure than the street.
Henry Prokov, inside city limits, stated he was part owner of the Buick Building. He
explained the ground floor currently had one apartment, a book store and two unoccupied writs and
stated traffic came in and out of the area. He stated that the people in the building usually parked in
the lot provided or the street.
In response to Heinrich, Prokov stated the parking requirement would be met and currently
they do not have to provide parking for their tenants.
No one else requested to be heard and the public hearing was closed.
Motion (McClure/Heinrich)
Approve Resolution 2009-04
McClure stated she was not concerned about the parking, thought the City needed
apartments and housnig facilities, encouraged the oversight of the parking by the owners, and
thought it was a nice modification to the building.
Ecklund thanked the public for subrnittuig their concerns and stated the need for housing
units outweighed the parking issue. She stated the City was encouraging more green transportation
and thought the busniess could consider putting a bike rack at their facility.
Roach' stated part of the comp plan asked the Commission to review rnixed commercial and
residential uses in the downtown area. She understood the businesses downtown were inundated
with parking in the summer and she discussed RV parking. She stated she was in support of this
Resolution.
Ecklund referred to the letters referring to parking in the packet and suggested a placing a
reminder on a car to not park in the lot and then have it towed.
In response to Ecklund, Terry stated if a car is illegally parked in a private lot it would have
to be privately towed.
Motion Passed
Unanimous
66
City of Seward, Alaska Planning Comnais.rion Minutes
February ]7, 2009 Volume 6. Page 24l
Unfinished Business -None
New Business -
Resolution 20(19-OS Allowing an Alaska Harbor Observation Network Tower as
an Unlisted Use per Seward City Code Section 15.10.1311, in the Harbor
Commercial District
Terry reviewed Resolution 2009-OS stating when the Alaska SeaLife Center and the
University of Alaska Anchorage began to work with city statl~ it was determined the proposed
tower did not fit into the zoning code. She stated it was coming to the Commission as the first step
to see if this would be allowed in the harbor commercial district. She provided an overview of the
project and stated this project met the three criteria to allow an unlisted use u1 the harbor district.
In response to Roach', Terry stated the tower includes anti-climb panels, navigational
markers and towers are currently nicluded on the breakwater, the tower placement was at the
Harborniasters ideal location, and staffwas looking at the need for a lease agreement.
Anderson stated the Alaska SeaLife Center and the University of Alaska Anchorage had a
good line of communication. She discussed her concerns for the project from a marniei's and
harbormasters perspective and logistical details. Anderson discussed a wire that would extend in
the water for wave measurement, navigational servitude, and guy wires.
Terry interjected the building official had decided the tower would require a building permit.
The Commission suspended the rules to allow Randy Stauffer to speak.
Randy Stauffer, inside city lirnits, stated he worked for the Alaska SeaLife Center as a
project engineer. He explained tlvs was the first step for the project but other permits would have
to he gathered. He referred to photos of a tower built by the same company that would build the
proposed tower and stated the guy wires would be addressed in the building pernut process. He
mentioned this project was funded by NOAA through the Alaska Ocean Observing System
(AOOS), was contracted through Dr. Orson Smith of the University of Alaska, and the project
would be a prototype that could be connected to the Internet.
In response to Ecklund, Howard Fern, the Principal Investigator on the AOOS grant
stated they had two years of funding for the development of the prototype and there was a long
teen business model. He stated they envisioned this prototype would have a base of local support
and if this did not expand or remain fmancially sustainable the project would be demobilized.
In response to Roach', Fern stated community outreach had not been done yet and had
submitted as a component of the Coastal Impact Assistance program. He further discussed building
a second tower in Resurrection Bay.
Ecklund stated she worked for the Alaska SeaLife Center but did not have a financial
67
Ciry of Seward, Alaska Planning Commission Minutes
Feb^uaty 17, 2009 Volume 6, Page 242
interest in this project.
Roach' determined Ecklund did not have a conflict in interest.
Stauffer stated she was married to Randy Stauffer who was involved in the project and to
the best of her knowledge did not see this project increase his or her income.
Roach' determined Stauffer did not have a conflict in interest.
Motion (Ecklund/McClure)
Resolution 2009-05
Ecklund expressed her excitement with the project and the need for longitudinal studies.
She continued the SeaLife Center had lecture series and there was climate change training on
March 18-19, 2009.
Stauffer said she was excited about this project and that Alaska was uniquely positioned to
weigh in on climate change.
Heinrich discussed the advantages of the information being available online.
The Commission suspended the rules to allow Randy Stauffer to speak.
Randy Stauffer discussed the web cam options in greater detail.
Anderson stated this project was exciting from aHarbormaster/Port Engineer perspective
and could help with future port facilities.
Roach' spoke in favor ofthe project and the community's need to diversify.
Motion Passed
Unanimous
Confirmation of Commission's wishes on the Flood Plain Ordinance Update
Terry explained the Commission had two work sessions with the Flood Board in February
and staffwas directed to postpone an update to the Flood Plain Chapter until after the Borough had
completed theirs. She asked the Comttussion to provide a confirmation of their wishes and she
further discussed the pros and cons of waiting to do the City update.
McClure stated she was on the Borough Task Force.
The Conunission discussed the options postponing updating Seward's Floodplain Ordinance
until the Borough completed theirs, postponiig until a certain date or continue to update Seward's
Floodplain Ordinance.
Stauffer stated she would be participating in the task force meetings.
68
City of Sex+ard, Alaska
Februmy 17, 2009
Planning Commission Minutes
holume h, Page 243
Terry suggested the Commission could postpone the decision until next month.
In response to Heinrich, Teny stated during the interim period the City would regulate
flood issues with the current floodplain ordinance.
Motion (McClure/Stauffer) Postpone the Decision on the Flood Plain
Ordinance Update Until the Next Business
Meeting
Motion Passed Unanimous Consent
Informational Items and Reports (No action required) -
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 include the
1986, 1995, and 2006 KPB GIS mapped flood data areas.
Terry stated the Borough held a meeting tonight and had a phone link to discuss this. She
explained the next meeting would be held on March 3, 2009 and she had reviewed the ordinance
changes. She stated the information was available on the Borough website or they could contact
her for the updates.
Commission Comments -
Ecklund thanked Commissioners Stauffer and Morgan for filing and Council for accepting
their applications. She stated they owed Comn>issioner Anderson many thanks and hoped she
enjoyed her winters outside of Seward.
Heinrich echoed Ecklund's comments about the two new Commissioners, said he liked the
way the packet was formatted, and stated he enjoyed being on the Board.
Morgan thanked them for acceptnig her to the Commission, would do her best to catch up
on all of the issues discussed tonight, and looked forward to the next meeting/work session.
Stauffer said she was disappointed to not have the opportunity to work with Commissioner
Anderson and explan~ed why she joined the Commission.
McClure welcomed the new Commissioners.
Roach' welcomed the new members and stated the Community Development office was a
great resource. She said she would miss Commissioner Anderson and that this was an excitnig time
for Seward.
69
City of Seward, Alaska
Felu~uarv 17, ?009
Citizens' Comments -
Planning Commission Manutea~
Volume 6, Puge 244
Randy Stauffer clarified that the Alaska SeaLife Center Harbornet project was now
referred to a`s the Alaska Harbor Observation Network Tower. He explained he was involved with
the Seward Bear Creek Flood Service Area Board and had applied to be on the Borough Flood
Plain Ordinance Task Force. He thanked the Commission.
Commissions and Administration Response to Citizens' Comments -
Roach' thanked Randy Stauffer for his commitment to the community.
Adjournment
Meeting adjourned at 9:15 p.m.
Anne Bailey
Executive Liaison
Sandie Roach'
Chair
(City Seal)
70