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Home My WebLink About07072009 Planning & Zoning PacketSeward Planning Commission Agenda Packet July 7, 2009 Regular Meeting City Council Chambers Beginning at 7:30 pm Seward Planning ~ Zoning Commission Sandie Roach' Chair Term Expires 02/10 Sue McClure Vice Chair Term Expires 02/10 Vacant Commissioner Term Rxpires 02/12 Tena Morgan Commissioner Term Expires 02/10 Steven Heinrich Commissioner Term Expires 02/11 Christina Stauffer Commissioner Term Expires 02/12 Cindy Ecklund Commissioner Term Expires 02/11 Phillip Oates City Manager Christy Terry Community Development Director Anne Bailey Executive Liaison 1. Call to Order 2. Opening Ceremony A. Pledge of Allegiance 3. Roll Call 4. Special Reports & Presentations A. City Administration Report Regular Meeti B. Other Reports, Announcements & Presentations 5. Citizens' Comments on any subject except those items scheduled for public hearing. [Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item) 6. Approval of Agenda and Consent Agenda. [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda.J Planning and Zoning Commission July 7, 2009 Regular Meeting Agenda Page 1 1 7. Public Hearings [Limit comments to S minutes. Those who have signed in will be given the first opportunity to speak] A. Unfinished Business Items requiring a Public Hearing -None B. New Business Items requiring a Public Hearing- 1. Resolution 2009-15 Of The Seward Planning And Zoning Commission, Recommending The Kenai Peninsula Borough Approval Of The Preliminary Replat Of Lots 1 & 2 Of Uss 241, Clearview Manor, Three Bears Replat, Vacation Of Internal Lot Line And Approximately 474 Square Feet Of Dedicated Iron Drive Right-Of--Way, Located At 1711 Seward Highway, Within The Auto Commercial Zoning District .... Page 4 2. Resolution 2009-16 Recommending Seward City Council and the Kenai Peninsula Borough Approval of the Preliminary Replat of Lot 4A Block 2, Marina Subdivision, Coast Guard Replat, Located South of Port Avenue at Approximately 1509 X-Float Road, within the Harbor Commercial Zoning District .............................................................................................. Page 10 8. Unfinished Business -None 9. New Business - * A. Resolution 2009-17 Recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Replat of Lots 1-6, Block 8, Original Townsite of Seward, Library Replat, Located Between 229 and 239 Sixth Avenue....... Page 17 B. Resolution 2009-18 Providing Recommendations to Council on the Request by Godwin Glacier Tours, LLC to Lease a Parcel in the Seward Marine Industrial Center ........................................................................................................... Page 23 C. Resolution 2009-19 Recommending the Seward City Council Request the USDA Natural Resources Conservation Services to Complete Soils Surveys in the Seward Area Expeditiously .......................................................................... Page 39 D. July 21, 2009 Work Session ....................................................................... Page 46 * E. May 7, 2009 Regular Meeting Minutes and May 19, 2009 Special Meeting Minutes ........................................................................................................ Page 47 10. Informational Items and Reports (No action required)-None 11. Commission Comments 12. Citizens' Comments [Limit to 5 minutes per individual -Each individual has one opportunity to speak] Planning and Zoning Commission Regular Meeting Agenda July 7, 2009 Page 2 2 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment Planning and Zoning Commission Regular Meeting Agenda July 7, 2009 Page 3 Sponsored by: Community Development Department CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-15 RESOLUTION 2009-15 OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING THE KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPEAT OF LOTS 1 & 2 OF USS 241, CLEARVIEW MANOR, THREE BEARS REPEAT, VACATION OF INTERNAL LOT LINE AND APROXIMATELY 461 SQUARE FEET OF DEDICATED IRON DRIVE RIGHT-OF-WAY, LOCATED AT 1711 SEWARD HIGHWAY, WITHIN THE AUTO COMMERCIAL ZONING DISTRICT WHEREAS, Cline and Associates Land Surveyors submitted a preliminary plat to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, this replat vacates the interior lot line combining the existing Lots 1 and 2, USS 241, (Clearview Manor Unrecorded), into one new lot to be known as Lot 1 A, Clearview Manor; and WHEREAS, the new Lot lA is approximately 54,804 square feet; and WHEREAS, the existing structures located on this property house the Three Bears Grocery Store and Fuel Station; and WHEREAS, the property is zoned Auto Commercial (AC) which allows all of the existing uses on the property, and the subdivision meets the minimum lot size and width requirements of the Seward Zoning Code; and WHEREAS, the property is served by existing public utilities and developed streets, and therefore meets all of the requirements of the Seward Subdivision Code; and WHEREAS, easements have been provided for all known existing utilities; and WHEREAS, the parcel owner has dedicated approximately 461 square feet of property to accommodate an existing Iron Drive right-of--way encroachment; and WHEREAS, the City accepts the existing 50 foot Bear Drive right-of--way which meets the requirements of Seward City Code§ 16.05.010, Required Public Improvements; and Seward Planning and Zoning Commission Resolution 2009-15 Page 2 of 2 WHEREAS, as required by Seward City Code § 16.01.015, Conditions to plat approval, property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with a public notice sign. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends the Kenai Peninsula Borough approve the Lot 1 A, Clearview Manor, Three Bears Replat combining Lots 1 and 2, USS 241, into a single lot of approximately 54,804 square feet and the dedication of approximately 461 square feet of Iron Drive right-of--way. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7t'' day of July 2009. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: One ATTEST: Jean Lewis, CMC City Clerk (City Seal) 5 P&Z Agenda Statement Meeting Date: July 7, 2009 Through: Christy Terry, Community Developm~ e~nt~/Director From: Donna Glenz, Associate Planner ~~Ir 0 Agenda Item: Resolution 2009-15, Preliminary Plat Review of Lot lA, Clearview Manor, Three Bears Replat BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat to vacate the interior lot line of Lots 1 and 2, USS 241. This lot line vacation will combine Lots 1 and 2 into a single parcel of approximately 54,804 square feet to be known as Lot lA, Clearview Manor, Three Bears Replat. The replat also dedicates approximately 461 square feet of right-of--way to the right-of- way of the current Iron Drive at the Iron Drive and Sewazd Highway intersection, located at the south end of the pazcel. The property owner has dedicated this right-of--way to accommodate the encroachment of the current Iron Drive paved surface. A review of aerial photos shows this encroachment has existed since before the 1964 earthquake. The existing 50 foot Beaz Drive right-of--way meets the requirements of Seward City Code§ 16.05.010, Required Public Improvements. In accordance with Borough requirements, the City must review and comment on a replat before submittal to the Borough for approval. Subdivision Review: Zoning: The property is zoned Auto Commercial (AC) which allows all of the existing uses on the property, and the subdivision meets the minimum lot size and width requirements of the Seward Zoning Code. Size: The new lot will contain approximately 54,804 square feet. The new lot will have a width of approximately 474 feet of frontage on the Seward Highway, 257 feet on Beaz Drive and 384 feet on Iron Drive. Utilities: The property is served by the existing public utilities and maintained streets, therefore a subdivision agreement is not required. Existing water, sewer and electric lines are located in the adjacent rights-of--way. There are fire hydrants within approved distances. Utility easements have been provided for all known existing utilities. City staff reviewed the replat and had no additional requests or recommendations. Existing Use: The parcel currently contains the Three Bears Grocery Store and Fuel Station. These structures and uses are allowed outright within the Auto Commercial Zoning District. The owners of the current development are considering a small remodel to add an ingress and egress door and canopy on the south end of the existing structure. This possible remodel requires the interior lot line vacation. Seward City Code§ 12.01.030. No building, except a single family residence may be constructed across platted lot lines. Flood Zone: The property is not within a FEMA mapped Flood Hazard Zone. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2020) ~ - X 2. Strategic Plan (1999) X 3. Seward City Code X RECOMMENDATION: Commission approves Resolution 2009-15, recommending Kenai Peninsula Borough approval of Lot lA, Clearview Manor, Three Bears Replat. e ~ j t~~4 m ' o~~: `- CLEe t~ ~€f= rc a SF~~ ~_ ~ L~~~ -sfi P zF a ~t~ 8 ^n / ; ~ ~ I /y.. 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P~. is '~.' ~ i {f /l•.: ~ a .a ~ r ~ . p.. .: ~' . ~ - ~'a ..~.- ~~ ~` ~ ~ ~ !` ~, ~_ - r. i ,, ~' ~ ~ ~ -~' ~ i F I 1 .-. ~~ ~ ,~ M`' ; ~ , ~~ ~ ~. , r F" Lot 1A Clearview Manor ~ P 8~ Z Resolution 2009-15 Three Bears Replat N Public Hearing 7/07/2009 0 55 110 Feet Mapping Assistance Auto Commercial Zoning District Provided by I I I Alaska Map Co. D.GIenZ 9 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-16 RESOLUTION 2009-16 OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING THE SEWARD CITY COUNCIL AND THE KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPEAT OF LOT 4A, BLOCK 2, MARINA SUBDIVISION, COAST GUARD REPEAT, LOCATED SOUTH OF PORT AVENUE AT APPROXIMATELY 1509 X-FLOAT ROAD, WITHIN THE HARBOR COMMERCIAL ZONING DISTRICT WHEREAS, administration hired Integrity Surveys to prepare a preliminary plat of City- owned land Lot 4A, Block 2, Marina Subdivision; and WHEREAS, Integrity Surveys has submitted, on behalf of the City of Seward, the attached replat which subdivides the parcel into two lots creating Lots 4A-1 and 4A-2, Block 2, Marina Subdivision, Coat Guard Replat; and WHEREAS, this platting action will create Lot 4A-1 at approximately 3.431 acres and Lot 4A-2, at just over a half an acre or 26,6000 square feet; and WHEREAS, the property is zoned Harbor Commercial (HC) and is currently vacant of any structures and the subdivision meets the minimum lot size and width requirements of the Seward Zoning Code; and WHEREAS, Lot 4A-2 is being created in preparation for the planned relocation of the US Coast Guard Facility; and WHEREAS, prior to final approval the plat shall provide utility and access easements for all existing and proposed utilities and accesses; and WHEREAS, no subdivision installation agreement is necessary at this time because the area is currently serviced by municipal roads, water, sewer, electric and other utilities; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and WHEREAS, as required by Seward City Code § 16.01.015, Conditions to plat approval, property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with a public notice sign. 10 Seward Planning and Zoning Commission Resolution 2009-16 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section I. The Commission recommends that, in accordance with Seward City Code Section 16.01.015 (B), the City Council approve the submittal of the Lots 4A-1 and 4A-2, Block 2, Marina Subdivision, Coast Guard Replat to the Kenai Peninsula Borough for approval. Section 2. The Commission further recommends Kenai Peninsula Borough approval of the Lots 4A-1 and 4A-2, Block 2, Marina Subdivision, Coast Guard Replat subject to the following conditions: 1. All existing utilities shall be located; and easements provided for all existing and planned utilities and accesses for the entire plat. 2. Correct plat note number 4 to comply with Title 15, Floodplain Development, of the Seward City Code. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7`f' day of July 2009. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN VACANT: One ATTEST: Jean Lewis, CMC City Clerk (City Seal) 11 P&Z Agenda Statement Meeting Date: July 7, 2009 Through: Christy Terry, Community Development~-yDirector From: Donna Glenz, Associate Planner U Agenda Item: Resolution 2009-16, Preliminary Plat Review of Lot 4A- l, and Lot 4A-2, Marina Subdivision, Coast Guard Replat BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to City Council and Kenai Peninsula Borough Planning Commission is a preliminary plat of City-owned land Lot 4A, Block 2, Marina Subdivision which subdivides the parcel into two lots creating Lots 4A-1 and 4A-2, Block 2, Marina Subdivision, Coat Guard Replat. Lot 4A-2 is being created in preparation for the planned relocation of the US Coast Guard Facility currently located along Fourth Avenue in the Small Boat Harbor. In accordance with Seward City Code (SCC) 16.01.015(B) No preliminary plat of city-owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without the prior consent of the City Council. Subdivision Review: Zoning: The property is zoned Harbor Commercial (HC) which allows all of the existing uses on the property, and the subdivision meets the minimum lot size and width requirements of the Seward Zoning Code. Size: This platting action will create Lot 4A-1 at approximately 3.431 acres and Lot 4A-2, at just over a half an acre or 26,600 square feet. Lot 4A-1 has 308 lineal feet on Port Avenue and Lot 4A-2 has approximately 190 lineal feet of lot frontage on what has become known as X-Float Road. These lots meet the SCC requirement in lot size and width within the Harbor Commercial Zoning District. Utilities: The property is served by the existing public utilities; therefore a subdivision agreement is not required. Existing water, sewer and electric lines are located within existing utility easements or in easements which shall be provided during this plating action. There are fire hydrants within approved distances. City staff reviewed the replat and has submitted a request that all utilities currently located on the Lots 4A-1 and 2 be located and easements be provided before this plat is 12 approved. The request has become a condition recommended to the Kenai Peninsula Planning Commission for final platting action. Existing Use: These parcels are currently used as access and parking for the northeast harbor boat launch ramps and X-Float. There are currently no structures located on these parcels. Flood Zone: The property is not within a FEMA mapped Flood Hazard Zone. Kenai Peninsula Borough Code 20.24 Exceptions Requested.' On behalf of the City of Seward the surveyor will be requesting the Kenai Peninsula Borough Planning Commission approve an exception to the proposed plat. The exception granted by the Kenai Peninsula Borough Planning Commission will be noted on the plat with the date of the Commission meeting. The Kenai Peninsula Borough Commission may authorize exceptions to any of the requirements set forth in their subdivision design requirements based on fmdings of fact outlined in KPB Code §20.24.010(A) Exceptions to regulations -Procedure-Commission authority. 1. That special circumstances or conditions affecting the property have been shown by application; 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is that most practical manner of complying with the intent of this title; 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. KPB Code §20.20.200 would require Lot 4A-2 abut a dedicated street. There are compelling findings to support the requested exception: 1. The entire Lot 4A-1 is a dedicated public access easement and anon-dedicated route commonly known as X-Float Road located on the westerly edge of the lot has provided access to the public boat launch ramp, X-Float and other uses. 2. Access to all portions of Lot 4A-2 and other uses is or will be available for emergency service providers, city maintenance vehicles, refuse collectors and public vehicles. 3. Existing access easement is available to all adjoining properties. 4. The plating of a dedicated Right-of--way for X-Float Road has not been reviewed or supported at this time. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2020) _ X Generally the Comprehensive Plan supports the development of the Small Boat Harbor and the strong community support of the US Coast Guard in Seward. 2. Strategic Plan (1999) X 3. Seward City Code X 13 4. Seward Small Boat Harbor Planning and Development Guide (June 2003] X The guide supports the relocation of the Coast Guard building from Fourth Avenue and the development of the northeast portion of the Small Boat Harbor. RECOMMENDATION: Commission approves Resolution 2009-16, recommending City Council and the Kenai Peninsula Borough approval of Lots 4A-1 and 4A-2, Block 2, Marina Subdivision, Coast Guard Replat subject to the following conditions: 1. Ali existing utilities shall be located; and easements provided for all existing and planned utilities and accesses for the entire plat. 2. 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Y _.. "'w,~?!lA'7.~(• ~ ~ ? ' ~ ~ y .' 1. ~~ t i ., ~: . i ~ S' . a , t ~~ ~ ~ ii` ~ ~~ r .S .y ~ ~ ~ .a ,~~~ { R~~f f ~ ~ i , ' ~. '~ { 3 .~ .te' ~a ~ ~{"s : F ~ ~.r• ~ p- . 1 i ~ .. s ~ H9 f ' . _ Y ~ ~ ' ~ S ^{ „~ r t r 1P.~ i'j re Resolution 2009-16 ~ Lots 4A-1 and 4A-2 P 8~ Z public hearing ~ Marina Subdivision Mapping Assistant Coast Guard Replat 0 70 140 Feet Provided by ~~~ Alaska Map Co. JUIy 7, 2009 16 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-17 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE SEWARD ORIGINAL TOWNSITE, LIBRARY REPEAT, CONSISTING OF LOTS 1-6, BLOCK 8, LOCATED AT THE SOUTHWEST CORNER OF ADAMS STREET & SIXTH AVENUE WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a replat of city-owned property described as Lots 1-6, Block 8, Original Townsite of Seward, into a single parcel; and WHEREAS, Lots 1-6, Block 8, Original Townsite of Seward were purchase in preparation for the proposed new Library/Museum project; and WHEREAS, the replat vacates the interior lot lines of Lots 1-6, Block 8, Original Townsite of Seward creating one lot approximately 17,90 square feet, to be known as Lot lA, Block 8, Original Townsite of Seward; and WHEREAS, the property is zoned Central Business District (CBD); and WHEREAS, the new lot meets the minimum lot size and width requirement of the Seward City Code; and WHEREAS, the property is served by existing public utilities and developed streets, and therefore meets all of the requirements of the Seward Subdivision Code; and WHEREAS, the existing structures located on this property are currently vacant and planned to be demolished for the new library/museum project; and WHEREAS, the Subdivision Code 16.01.015 (B) stipulates that no preliminary plat ofcity- owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without prior consent of the city council. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: 17 Seward Planning and Zoning Commission Resolution 2009-17 Page 2 of 2 Section 1. The Commission hereby recommends that, in accordance with Seward City Code Section 16.01.015 (B), the City Council consent to the submittal of the Seward Original Townsite, Library Replat to the Kenai Peninsula Borough. Section 2. The Commission further recommends Kenai Peninsula Borough approval of the Seward Original Townsite, Library Replat, subject to the following conditions: A. The title of the replat be changed to Library/Museum Replat. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of July 2009. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: One ATTEST: Jean Lewis, CMC City Clerk (City Seal) 18 P&Z Agenda Statement Meeting Date: July 7, 2009 Through: Christy Terry, Community Development Director From: Donna Glenz, Associate Planner a~~~ Agenda Item: P&Z Resolution 2009-17, Preliminary Plat Review of Lots 1-6, Block 8, Original Townsite of Seward, Library replat BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to the Seward City Council and the Kenai Peninsula Borough Planning Commission is a preliminary plat to vacate the interior lot line of Lots 1-6, Block 8, Original Townsite of Seward. These lot line vacations will combine Lots 1-6 into a single parcel of approximately 17,990 square feet. These lots were purchased as the location of the new Seward Library /Museum project. The lots currently contain several vacant structures which are planned to be demolished in preparation for the new facility. The vacation of interior lot lines is in accordance with the following sections of City Code: § 12.01.030. No building, except a single family residence may be constructed across platted lot lines; and § 15.10.140. Lot. 4.... in the case of multiple lots or portions thereof, the property shall be replatted to eliminate interior lot lines. City Code § 16.01.015 (B) stipulates that no preliminary plat of city-owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without prior consent of the City Council. And in accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. Subdivision Review: Zoning: The parcel is zoned Central Business District (CBD) which allows for the planned Library/Museum project and the current subdivision request meets the minimum lot size and width requirements of the Seward Zoning Code. Utilities: The property is served by the existing public utilities and maintained streets, therefore a 19 subdivision agreement is not required. Existing water, sewer and electric lines are located in the adjacent rights-of--way. There are several fire hydrants within an approved distance. City staff reviewed the replat and made one recommendation as follows: Change the title of the replat to read Library/Museum replat. Size: The new lot will contain approximately 17,990 square .feet. The new lot will have a frontage width on Sixth Avenue of approximately 180 feet and a frontage on Adams Street of 100 feet both of which meet the requirement for lot widths in the Central Business District. Existing Use: Currently the parcel contains three (3) structures which are to be demolished for the new Library / Museum facility. Flood Zone: The property is not within a FEMA mapped Flood Hazard Zone. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2020) X _ 3.7.1.2 Support, strengthen and develop diverse educational and research programs at various public and non-profit institutions. • Support the design, funding and construction of a new library/museum. (page 21, Volume I) 2. Strategic Plan (1999) X 3. Seward City Code X RECOMMENDATION: Commission approves Resolution 2009-17, recommending City Council and the Kenai Peninsula Borough approval of Lots 1-6, Block 8, Original Townsite of Seward, Library Replat subject to the following condition: Change the title of the replat to read Library/Museum replat. 20 N 1 ' Y ° m ~ C 3 c ~ ~ ~ ~ ~ II ~ ~ ~ o ~ j ~ ~ ~f~ B ~ d ® BQ BB ~ - B g ~ BB BB >- ti z' P O. 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' o ~- ` I I I ~ ' 4 y U Vt ~ o$°o~ I ~ rn ro '~ ~ h I ~ I ~ I ~ I ~ I ~ I v ~ I I o.- ¢ ~°$ a ~ ~ ~ n~F ° ~ ¢ Bo oaav°° ~, I I I I I I I I ~' ;~a ~ ~ ~~ot oo o ~ ~ ~ E i p ~ o t m ~t ~ ` 3 U .C ` O ~° E ~ Q U ° n °ia U N ~_. ,. c° vn v o v t m ° m a v F D e° ' dY O m ° m., a~ ~ 21 22 Sponsored by: Administration CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-18 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, PROVIDING RECOMMENDATIONS TO COUNCIL ON THE REQUEST BY GODWIN GLACIER TOURS, LLC TO LEASE A PARCEL IN THE SEWARD MARINE INDUSTRIAL CENTER WHEREAS, Paul Carter on behalf of Godwin Glacier Tours, LLC submitted a proposal to lease 2,000 square feet of land in the Seward Marine Industrial Center in order to store marine and aviation equipment; and WHEREAS, there is vacant land identified in the Municipal Lands Management Plan as available for lease in the Seward Marine Industrial Center (SMIC); and WHEREAS, pursuant to the City's Lease Policies and Procedures established by Resolution 1994-101, this proposal is before the Commission for review and written recommendations, including any special lease conditions the Commission determines to be in the public interest; and WHEREAS, the proposal along with written Planning Commission and staff comments and recommendations shall be submitted to the City Council; and WHEREAS, the lease request is consistent with the Comprehensive Plan, Municipal Lands Management Plan and the Seward Marine Industrial Center Plan. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission has reviewed the submitted proposal and makes the following recommendations: a) The Godwin Glacier Tours, LLC is encouraged to lease entire .3 acre Lot 5, Block 3, Forth of July Creek Subdivision. If the entire parcel is not leased, then the Proposer shall be required to replat the property, and the lease shall not take effect until after the final plat is recorded. b) Godwin Glacier Tours, LLC shall submit a waste disposal plan. The plan must be approved by administration prior to waste being placed on the site. c) Godwin Glacier Tours, LLC shall submit a compliance plan for the applicable environmental laws. This plan must be approved by administration. d) Godwin Glacier Tours, LLC shall comply with all Seward City Code requirements. e) Godwin Glacier Tours, LLC shall obtain a Terminal Use Permit for all helicopter operations. 23 Seward Planning and Zoning Commission Resolution 2008-20 Page 2 of 2 f) Any additional staff comments and recommendations shall be considered during the negotiation process. g) The lease payments shall be negotiated at the Fair Market Rental Value of the parcel. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of July 2009. THE CITY OF SEWARD Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: One ATTEST: Jean Lewis, CMC City Clerk (City Seal) 24 P&Z Agenda Statement Meeting Date: July 7, 2009 To: Planning and Zoning Commission From: Community Development Director Christy Terry Agenda Item: Resolution 2009-18 Recommendations to Council on the equest by Godwin Glacier Tours, LLC to Lease a Parcel in the Seward Marine Industrial Center BACKGROUND & JUSTIFICATION: Godwin Glacier Tours, LLC, currently has a short team lease with the State of Alaska on Lot 7, Block 200 for their helicopter operations at the airport. Godwin Glacier Tours continues to pursue a long term lease with the Department of Transportation at their current location for their passenger services. Paul Carter on behalf of Godwin Glacier Tours, LLC submitted a proposal to lease 2,000 square feet of land in the Seward Marine Industrial Center from the City in order to store marine and aviation equipment in support of their airport operations. There is vacant land identified in the Municipal Lands Management Plan as available for lease in the Seward Marine Industrial Center (SMIC). Pursuant to the City's Lease Policies and Procedures established by Resolution 1994-101, the Commission should evaluate the request and provide written recommendations, including special conditions, in the form of a resolution for Council's review. Council will then determine if it is in the public interest for Administration to proceed with lease negotiations. Seward City Staff have reviewed the proposal and provided initial recommendations. These recommendations have been included in the resolution for the Commissions review under Section 1 and have the following justifications: a) The Godwin Glacier Tours, LLC is encouraged to lease entire .3 acre Lot 5, Block 3, Fourth of July Creek Subdivision. If the entire parcel is not leased, then the Proposer shall be required to replat the property, and the lease shall not take effect until after the final plat is recorded. Harbor Master Kari Anderson identified this parcel as a potential lease site for the request. This block has already been subdivided into smaller parcels. Although larger then the request, the Proposer should be encouraged to lease a currently platted parcel, but would then be allowed to sublease to other parties pursuant to the conditions of their lease. If during the negotiation process a smaller parcel is identified, then the Proposer should be required to complete replat process to include any expenses. b) Godwin Glacier Tours, LLC shall submit a waste disposal plan. The plan must be approved by administration prior to waste being placed on the site. Godwin Glacier Tours removes dog and human waste from their operations on the glacier. Multiple City of Seward Department Heads recommended a disposal plan be in place to insure waste is disposed of properly without impact to our watershed, sewer system and other public or private properties. Page 1 of 2 25 c) Godwin Glacier Tours, LLC shall submit a compliance plan for the applicable environmental laws. This plan must be approved by administration. Proposer states that vehicles and aviation equipment will be stored on the site. This could include petroleum substances and other hazardous materials. City property should be protected and the lease should include a requirement for a plan to comply with the necessary environmental regulations. d) Godwin Glacier Tours, LLC shall comply with all Seward City Code requirements. Specifically, the Building Department, Fire Department and Community Development have specific code requirements regarding the proposed convex structures and outdoor storage. These requirements will have to been reviewed and followed prior to the final lease agreement. e) Godwin Glacier Tours, LLC shall obtain a Terminal Use Permit for all helicopter operations. The Harbor Master has identified the Terminal Use Permit as the mechanism to allow helicopter operations in the SMIC area. The Proposer was provided with this information in conjunction with their request for mobilization and demobilization of their operation in the area. f) Any additional staff comments and recommendations shall be considered during the negotiation process. As additional clarification is obtained and as the lease negotiations progress, Resolution 1994-101 allows additional opportunity for staff comments. The Commission should encourage the Council to consider these comments. g) The lease payments shall be negotiated at the Fair Market Rental Value of the parcel. Any public land leased in conjunction with this request should be negotiated at the property's full value. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: Council Resolution 1994-101 approving a policy for nominating public property for dis osal. RECOMMENDATION: Approve Resolution 2009-18 Providing Recommendations to Council on the Request by Godwin Glacier Tours, LLC to Lease a Parcel in the Seward Marine Industrial Center. Page 2 of 2 26 Page 1 of 1 Christy Terry From: Paul Carter [haystackmountain@hotmail.com) Sent: Saturday, June 13, 2009 12:22 PM To: Christy Terry Subject: RE: SMIC Land Lease Hi Christy, Please move forward with the SMIC Land Lease application. We are looking for a long term y lease on 2,000 square feet of land for Godwin Glacier Tours, LLC. Let me know if you need 'i anything else so we can expedite the process forward and hopefully get it finalized before the end of the summer. Also, I wanted to really thank you for the assistance you have given Godwin Glacier Tours this summer. I have to say I have been overly impressed with your professionalism and the effort you have put forth on our behalf... Sincerely, ~J Clll,~ l~~%l'~c'~N- Godwin Glacier Tours, LLC PO Box 3125 Seward Alaska 99664 (907) 491-0240 Hotmail~ has ever-growing storage! Don't worry about storage limits. Check it out. 7/ 1 /2009 27 SMIC Proposed Site Plan A ALL Notes: 1 Lot would be used for storing of (3) connexes with marine and aviation equipment 2 Development schedule to be completed within 30 days of approval of lease 3 Location will be used to stage cargo transports primarily spring and fall of each year. Additional square footage would be requested of the Harbor Office each year for mobilization and demobization of our Godwin Glacier Camp. The area use is about 4000 square feet and only needed for approximately 48-72 hours. 4 Vehicles storage would be tractor with trailer and other vehicles used in our summer operations. Other vehicles include passenger vans, cargo van, and various equipment used in the summer operations. 5 No electricity is required, nor is sewer and water. 28 Entity Q9'Nlne Pe,iblic'iNotic~ ~i M" .:; Page 1 of 1 _.. Search Date: ?/1/2009 ,~By Entity Narne Filed Documents .~ By AK Entity # (Click above to view filed documents that are available.) By Offcer Name By RegisVe ed Agen# Entity Name History tY v .~ enfy Certification Biennial Report Name Name Type ~ File Onfine Godwin Glacier Tours, LLC Legal ;~ Initial Biennial Report LLC .File Online Limited Liability Company Information Business Corporation File Online Online Orders qK Entity #: ,~ Register for Online Status: Orders Order Goad Standing Entity Effective Date: Name Registration Primary NAICS Code: .~ Register a Business Name Online Home State: .~ Renew a Business Name Principal Office Address: Expiration Date: Last Biennial Report Filed Date: Last Biennial Report Filed: Registered Agent 121617 Active -Good Standing 04!25/2009 713990: All Other Amusement and Recreation Industries AK N/A Perpetual 0 Agent Name: Cork, James Office Address: Mi 2 Sewatd Hwy at the Arpt Seward AK 99664 Mailing Address: Principal Office Address: No Address Organizers Name: James Cork Address: PO Box 28038 Scottsdale AZ 85225 Title: Organizer Owner Pct: Name: Paul Carter Address: PO Box 3125 Seward AK 99664 Title: Organizer Owner Pct: Officers & Directors VJebmaster ror?act the Divson 29 httnc•//mvalacka state ak nc/hncinecc/cnckh/C'nrn :..... ,7R~17 7/1 /2M9 Officers & Directors By Entity Name By AK Entity # 1 By Officer Name ~s By Registered Agent Verify Verify Cer#ification Biennial Report File Online y initial Biennial Report i_i_C :File Online Business Corporation .~Fi1e Online Online Orders Register for Online Orders Order Good Standing Name Registration Register a Business Name Online Renew a Business Na Webmaster Contact the Division Page 1 of 1 Department of Commerce Officers 8~ Directors 'find Name Title(s) James Cork Organizer PO Box 28038 Scottsdale AZ 85225 Paul Carter Organizer PO Box 3125 Seward AK 99664 Click here to go back to the Corporation 30 httn.c~//mvalaska.state.ak_u~/husine~s/~~skh/Name.........?PTtemT1~=37Rh17 7/1 /2~~9 Alaska Division of Corporations, Business, and Professional Licensing Pa e 1 of 1 g ~~-~~ State of Alaska > Commerce > Corporations, Busknzss and Professional Licensing > Business Licznsz Starch LicNum: 928879 Business Name: GODWIN GLACIER TOURS, LLC Address: P.O. BOX 2711 SEWARD AK 99664 Status: ACTIVE Original Issue: 04/28/2009 Current Issue: Expiration: 12/31 /2010 Business Type: LLC Tobacco Endorsements: 0 Line Of Business: Transportation and Warehousing Primary Activity: 487990 Secondary Activity: Owners: GODWIN GLACIER TOURS, LLC GODWIN GLACIER TOURS, LL C Home Page. View Your Professional License using our Search Program ~ We6master Email Business and Professional Licensing Email Corporations Commerce 31 httn•//www.cnmmerce.Mate_ak_us/~cc/hu~search/F.......: tail_cfm?T.icNnm=9?_RR79 7/1 /2~O9 Alaska Division of Corporations, Business, and Professional Licensing Page 1 of 1 ,_ ..,'~ ~t,~is~~~ ..icr~5~ ~ir~rc:kt State of Alaska > Commerce > Corporations, Business and Professional Licensing > Business License Search LicNum: 930150 GODWIN GLACIER TOURS, LLC DBE GODWIN GLACIER DOG SLED Business Name: TOURS Address: 2082 AIRPORT ROAD SEWARD AK 99664 Status: ACTIVE Original Issue: 05/30/2009 Current Issue: Expiration: 12/31 /2009 Business Type: LLC Tobacco 0 Endorsements: Line Of Business: Arts, Entertainment and Recreation Primary Activity: 711219 Secondary Activity: Owners: GODWIN GLACIER TOURS, LLC GODWIN GLACIER TOURS, LLC DBE GODWIN GLACIER DOG SLED TOURS Home Page. View Your Professional License using our Search Program ` Webmaster Email Business and Professional Licensing Email Corporations Commerce 32 httn://www.commerce.state.ak.us/occ/bussearch/L _.__ aail.cfm?LicNum=930150 7/1/2009 City of Seward, Alaska • Lease Policies and Procedures PROCEDURES FOR NOMINATING PUBLIC LANDS FOR LEASE The following procedures have been adopted by the Seward City Council to allow the public to nominate city owned lands not otherwise designated as available for lease development: A. Any person may make written nomination to the City Council for the city to dispose of public lands without divulging specific development ideas or purposes. B. If requested by the City Council, city staff will research and prepare a report on titles, covenants, deeds, zoning, land use planning, other land restrictions, and any planned public uses associated with the nominated lands. C. The Planning and Zoning Commission will review and make a recommen- dation to the City Council regarding the pros and cons of disposing of the nominated parcel. D. The City Council will hold a public hearing on the disposal of the nominated property and, by resolution, will make a determination as to whether or not to dispose of the nominated lands. If the City Council finds that it is in the public interest to dispose of the nominated lands, the resolution shall specify the method of disposal, i.e., lease, sale, negotiation, bid, or request for proposals. E. If the City Council finds it in the public interest to lease the nominated land, the City Manager shall proceed with the disposal process following polices and procedures outlined in the City Code and this resolution. LEASE PROPOSAL POLICIES AND PROCEDURES The following procedures have been adopted by the Seward City Council to guide prospective lessees and the city administration in handling proposals on city-owned lands designated for lease disposal A. The prospective Lessee shall submit to the City Manager a written development plan, including a conceptual site plan, building elevation drawings, a construction schedule, and proof of project financing. B. The lease development proposal shall be submitted to the Planning and Zoning Commission at their next regular meeting, for review and written recommen- City of Seward, Alaska Attachment A Resolutiott No. 94-I01 Page 1 33 dations, including any special lease conditions the Commission determines to be in the public interest. • ro osal alon with written Planning Commission and staff comments C. Thep p g and recommendations shall be submitted to the City Council, at the next regularly scheduled meeting, subject to agenda deadlines. D. Not later than 30 days following presentation to Council, the City Council shall determine whether it is in the public interest #o proceed with lease negotiations. E. Upon directing the administration to proceed with the lease negotiations, the prospective Lessee shall, within 30 calendar days, deposit with the city a cash performance bond in an amount not less than one-half the first yearns lease payment as estimated by the city administration. 1.. If the prospective Lessee does not diligently pursue lease negotiations within 60 days of the date that the Council consents to the commencement of said negotiations, the entire performance bond shall be retained by the city as liquidating damages. 2.. If the city and the prospective Lessee reach an impasse and are unable to come to terms on a lease agreement, the performance bond shall be returned to the prospective Lessee after deducting lease document preparation costs incurred by the city. Such costs shall include, but not be limited to, appraisals, attorney and actual staff costs, advertising and other incidental expenses. F. 1f the city and the prospective Lessee reach an agreement on Lease terms, the lease documents shall be signed by the prospective Lessee, approved as to form by the City Attorney and forwarded to the City Clerk Once the Clerk receives the properly signed lease agreement, a public hearing will be advertised and held in accordance with provisions of the Seward City Code, and the lease agreement will be presented to the City Council for action. G. If the proposed lease is approved by the City Council, the resolution approving the lease and the lease agreement shall be posted for thirty days as required by the City Code. Barring the filing of a sufficient referendum petition to set aside the lease, the lease shall then become effective 30 days after passage and posting. Once the Lease agreement becomes effective, the city shall deduct from the performance bond all lease preparation costs incurred by the city, including but not limited to appraisals, attorney and staff time, advertising and other incidental costs. The remainder of the performance bond, if any, shall be credited towards the rents due, and the Lessee shall be billed in accordance with the cit}~s quarterly lease billing cycle. ~~ ~~ City of Bernard, Alaska Attachment A Resolution No. 94-102 Page 2 34 H. In the event the City Council fails to approve the lease agreement within • 60 days of the date the negotiated lease agreement is first presented to the City Council, the total cash performance bond shall be returned to the prospective Lessee. I. The City Council may waive any or all of these requirements as it deems necessary to ensure successful completion of the tease negotiations. LEASE ADMINISTRATION POLICIES AND PROCEDURES The following procedures have been adopted by the Seward City Council to guide lessees and the city in the fair conduct of business associated with lease administration: A. Fees set by resolution of the City Council will be assessed to cover administrative time, copying costs, phone calls, postage, Legal notices and other costs associated with processing all tease assignments, amendments, and sublet consent actions requested by lessees. Additionally, lessee will pay all recording fees and will reimburse the city of city attorney time in connection with the requested action or actions. B. Lease assignments and sublet consent requests will be reviewed, processed and approved as administrative functions subject to: 1. All taxes (real, personal and sales), utilities, lease payments, assess ments, licenses and insurance must be current. 2. Ail a ro riate fees must be aid in advance. PP P P 3. City sublet approval will not be required for individual tenant space rentals in buildings designed with separate retail and office spaces. 4. Following evaluation and administrative determination, the city may require a personal guarantee by lessees requesting assignments to corporations which are principally owned by lessee and created for tax and liability purposes. 5. Each sublessee must provide proof of insurance in accordance with the principal lease, naming the city as an insured party. 6. The city must be provided a copy of any sublet agreements, including lease amounts, so that the city may forward this information to city appraisers for future fair market value determinations. Copies of the sublet agreements, including lease amounts, will be provided to the City Council at the next regular Council meeting. C. Amendments to leases that change the essential terms and conditions (lease rate, term, land area, or development conditions) may be approved only by resolution of the City Council. Such requested amendments will be scheduled for Council action • only after the following terms have been met: City of Seward, Alaska Resolution No. 94-101 Attachment A paw 3 35 1. All taxes (real, personal and sales), utilities, lease payments, assess . ments, licenses and required insurance must be current; 2. All appropriate fees must be paid in advance; and 3. The lessee's signature(s) must be in place on all required documents. • ~J City of Seward, Alaska Attachmenf A Resolution No. 94-IOT Page 4 36 Sponsored by: loves u CITY OF SEWARD, ALASKA RESOLUTION NO. 1 1 A RESOLUTION OF THE CITY COUNCIL OF T7riE CITY OF SEWARD, ALASKA, .APPROVING A POLICY FOR NOMINATING PUBLIC PROPERTY FOR DISPOSAL WHEREAS, the city regularly receives unsolicited proposals to lease city land; and WHEREAS, the city has no written policy regarding the ident~cation and nomination of public lands for disposal; and WHEREAS, it is in the public interest to adopt such policies; LJ NOW, 'T'HEREFORE, BE IT RESOLVID BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. City of Seward Lease Policies and Procedures, a copy of which is attached and incorporated herein by reference, is hereby ADOPTED. eetion 2. All prior resolutions in conflict herewith are hereby RESCINDED. Secti n This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 8th day of August, 1994. THE CITY OF SEWARD, ALASKA ~~,YL,~J Dave W. Crane, Mayor • AYES: Anderson, Bencardino, Crane, Krasnansky and Sieminski NOES: Darling ABSENT: O'Brien ABSTAIN: None 37 crrY OF sEwARD, ALASxA RESOLUTION NO. 94-1 1 ATTEST: ~fda'S. N. City Clerk (City Seal) APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska City Attorney 38 Sponsored by: Administration CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-19 A RESOLUTION SUPPORTING COUNCIL REQUESTING THE USDA NATURAL RESOURCES CONSERVATION SERVICES EXPEDITIOUSLY COMPLETE SOILS SURVEYS IN THE SEWARD AREA WHEREAS, flooding has occurred in the Seward-Bear Creek Flood Service Area (SBCFSA) repeatedly; and WHEREAS, a federal disaster has been proclaimed within SBCFSA three times since 1986; and WHEREAS, there are currently no accurate soils maps available for the lands within the SBCFSA; and WHEREAS, accurate soil mapping is necessary to help define historic flood zones and to predict effects of future flooding events; and WHEREAS, to provide the best possible management for flooding issues within the SBCFSA accurate soils mapping is necessary; and WHEREAS, the KPB Flood Plain Task Force and the SBCFSA are taking every reasonable action to minimize future flood damage; and WHEREAS, the KPB Flood Plain Task Force has identified the need for accurate soils maps to allow analysis of historic flood events and for use in designing flood prevention structures and flood reduction planning; and WHEREAS, the SBCFSA Board supported this resolution at its July 6, 2009 meeting; and WHEREAS, the Kenai Peninsula Borough Assembly will review this resolution at its July 7, 2009 meeting; and WHEREAS, the Seward City Council will review this resolution at its July 13, 2009 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION, that: Section 1. Council officially requests that the USDA Natural Resources Conservation Service prioritize the SBCFSA for completion of soils survey as soon as possible. Section 2. Copies of this resolution Conservation Service, Environmental Protectio Borough. shall be sent to USDA Natural Resources n Agency (EPA) and the Kenai Peninsula 39 CITY OF SEWARD, ALASKA Resolution 2009- Section 3. This resolution takes effect immediately upon its adoption. PASSED AND APPROVED by the Planning and Zoning Commission of the City of Seward, this 7`h day of July, 2009. THE CITY OF SEWARD, ALASKA Sandie' Roach, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Jean Lewis City Clerk, CMC (City Seal) 40 Commission Agenda Statement Meeting Date: July 7, 2009 To: Planning and Zoning Commission From: Community Development Director Christy Terry Agenda Item: Supporting Council Requesting the USDA Natural Resources Conservation Services Expeditiously Complete Soils Surveys in the Seward Area BACKGROUND & JUSTIFICATION: The Kenai Peninsula Borough Flood Plain Task Force was formed by the Borough Assembly on January 20, 2009 to examine possible solutions regarding flood plain issues for the Seward-Bear Creek Flood Service Area. The Task Force has made recommendations to address important flood mitigation items and has requested legislative support from the local boards, commissions, the Seward City Council and the Kenai Peninsula Borough Assembly. The Seward Bear Creek Flood Service Area Board, Kenai Peninsula Borough and the City of Seward are working to lessen impacts to flooding in the Seward area. Accurate soil mapping is necessary to help define historic flood zones and to predict effects of future flooding events. The Kenai Peninsula Flood Plain Task Force has identified the need for accurate soils maps to allow analysis of historic flood events and for use in designing flood prevention structures and flood reduction planning. At the request of the Kenai Peninsula Borough Assembly, copies of this resolution shall be sent to the USDA Natural Resources Conservation Service and the Environmental Protection Agency. RECOMMENDATION: Approve Resolution 2009-19 Supporting Council Requesting the USDA Natural Resources Conservation Services Expeditiously Complete Soils Surveys in the Seward Area. 41 Introduced by: Long at the Request of the Flood Plain Task Force Date: 07/07/09 Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 2009-058 A RESOLUTION REQUESTING THE USDA NATURAL RESOURCES CONSERVATION SERVICE EXPEDITIOUSLY COMPLETE SOILS SURVEYS IN THE SEWARD AREA WHEREAS, flooding has occurred in the Seward-Bear Creek Flood Service Area (SBCFSA) repeatedly; and WHEREAS, a federal disaster has been proclaimed within SBCFSA three times since 1986; and WHEREAS, there are currently no accurate soils maps available for the lands within the SBCFSA; and WHEREAS, accurate soil mapping is necessary to help define historic flood zones and to predict effects of future flooding events; and WHEREAS, to provide the best possible management for flooding issues within the SBCFSA accurate soils mapping is necessary; and WHEREAS, the Kenai Peninsula Borough Flood Plain Task Force and the SBCFSA are taking every reasonable action to minimize future flood damage; and WHEREAS, the KPB Flood Plain Task Force has identified the need for accurate soils maps to allow analysis of historic flood events and for use in designing flood prevention structures and flood reduction planning; and WHEREAS, the KPB Flood Plain Task Force passed a resolution recommending that the assembly request the USDA Natural Resources Conservation Service to expeditiously complete soils surveys in the Seward area for the purposes described above; and WHEREAS, the planning commission reviewed this resolution at its June 22, 2009, meeting and recommended adoption by unanimous consent; and WHEREAS, the City of Seward Advisory Planning Commission reviewed this resolution at its meeting and recommended ;and Kenai Peninsula Borough, Alaska Resolution 2009-058 Page 1 of 2 42 WHEREAS, the SBCFSA board reviewed this resolution at its recommended meeting and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the Kenai Peninsula Borough Assembly requests that the USDA Natural Resources Conservation Service prioritize the SBCFSA for completion of a soils survey as soon as possible. SECTION 2. That copies of this resolution shall be sent to USDA Natural Resources Conservation Service, Environmental Protection Agency (EPA), and SECTION 3. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 7TH DAY OF JULY, 2009. ATTEST: Johni Blankenship, Borough Clerk Yes: No: Absent: Resolution 2009-058 Page 2 of 2 Milli Martin, Assembly President Kenai Peninsula Borough, Alaska 43 w..~...y~.. TO: FROM: KENA/ PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441 PHONE: (907) 262-4441 • FAX: (907) 262-1892 www.borough.kenai.ak.us MEMORANDUM Milli Martin, Assembly President Members, Kenai Peninsula Borough Assembly Ron Long, Assembly Member ~- ~~ ~~ DATE: June 25, 2009 DAVE CAREY BOROUGH MAYOR SUBJECT: Resolution 2009- ~5$ ,requesting the USDA Natural Resources Conservation Service (MRCS) expeditiously complete soils surveys in the Seward area In an effort to take every reasonable action to assist planning related to flooding issues in the Seward area, the Flood Plain Task Force has identified the need to have soils surveys completed. The NRCS has completed similar work on the Peninsula and is in a position to complete this project in the upcoming funding cycle. The Seward Bear Creek Flood Service Area has recently made a commitment to completing a Watershed Master Plan. Having the soil survey information in the Master Plan would assist hydrological analysis and modeling efforts and would increase accuracy. The NRCS is the agency that completes these surveys nationwide. On the Kenai Peninsula, the Seward area and several other less populated areas have not had soil surveys completed. To assist the NRCS in prioritizing their future work, input from regional governmental agencies is utilized. The Flood Plain Task Force is requesting that the KPB Assembly pass this resolution so that the KPB is officially requesting that the NRCS complete soils surveys in the Seward area as soon as possible. Passing the resolution will also send a message to other agencies requesting them to take similar action. Thank you for considering this issue. 44 ~ KENA/ PENINSULA BOR OUCH ~~~~ 144 North Binkley Street ~ Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441 PHONE: (907) 262-4441 • FAX: (907) 262-1892 ~ www.borough.kenai.ak.us '`; ~"'~- ••-~` ~ DAVE CAREY BOROUGH MAYOR MEMORANDUM TO: Milli Martin, Assembly President Kenai Peninsula Borough THRU: ~Rtc~avid R. Carey, Borough Mayor FROM: ~Iax J. Best, Planning Director DATE: June 25, 2009 SUBJECT: Kenai Peninsula Borough Flood Plain Task Force Resolution 2009-03, A Resolution Recommending The Kenai Peninsula Borough Assembly Request The USDA Natural Resources Conservation Services To Complete Soils Surveys In The Seward Area Expeditiously The Planning Commission reviewed the subject Resolution during their regularly scheduled June 22, 2009 meeting. A motion to recommend adoption of the Resolution passed by unanimous consent. 45 MEMORANDUM City of Seward Community Development Date: July 7, 2008 To: Planning and Zoning Commission Through: Community Development Director Christy Terry From: Executive Liaison Anne Bailey Subject: July 21, 2009 Work Session The Commission's next work session is scheduled for 6:30 p.m. on July Z1, 2009. However, to guarantee that Commissioners will be in attendance the work session could be moved to July 14, 2009 or July 28, 2009. Due to staff vacations July 28, 2009 would work best. The Work Session topic would be Title 15 Code Revisions: Chapter 1: Definitions and Violations sections Chapter 10, Zoning: All Chapter 15, Historical Preservation: All Chapter 20, Signs: All If needed the Commission is allowed under Seward City Code 2.30.320 (a) to designate their own time and place for Meetings and Work Sessions. 46 City of Seward, Alaska May 7, 2009 Planning Commission Minutes Volumes h Pnoa 7 ~ F Call to Order The May 7, 2009 Regular Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Roach'. Opening Ceremony Commissioner Morgan led the Pledge of Allegiance to the flag. Roll Call There were present: Sandie Roach' presiding, and Christina Stauffer Steven Heinrich Tena Morgan comprising a quorum of the Commission; and Christy Terry, Community Development Director Anne Bailey, Executive Liaison Excused were: Cindy Ecklund Sue McClure City Administration Report Community Development Director Christy Terry updated the Commission of the following business items: • The Seward Highway would not have any more full road closures. Inspections were scheduled two days a month from 9:30 a.m. to 1:30 p.m. and the road would only be closed to vehicles above 30,000 pounds during this time. • Title 15 would be sent to the Commission electronically on May 15, 2009 in preparation for the May 19, 2009 Planning and Zoning work session. The Port and Commerce Advisory Board had been invited to attend. • The Quarterly Joint Work Session with the Seward/Bear Creek Flood Service Area Board was scheduled for June 1, 2009. The Commission would meet at the Flood Board Office at 6:30 p.m. to tour the office and attend the 7:00 p.m. Flood Board meeting. • A regular Planning and Zoning meeting was scheduled on June 2, 2009. Other Reports, Announcements & Presentations - Community Development had received residential camping complaints and compliance was being encouraged through public notices stating the code requirements. A city-wide review would be conducted on June 1, 2009 to address residential camping, junk, and derelict vehicles. The new code compliance software would be used. 47 City of Seward, Alaska Planning Commission Minutes May 7, 2009 Volume 6, Page 2 3 7 • Received a complaint about a child care center being allowed in a single family residential zoning district. It had been determined that this use was allowed outright in the zoning district. • On the River was a book the Kenai Peninsula Borough put out and an updated booklet called On the Coast was being created. Community Development had received many requests from other departments about basic zoning questions. In response to Heinrich, Terry read Seward City Code section 8.15.515 regarding camping violations to the Commission. The Commission and Administration discussed including camping during the Title 15 re- write and how this issue was being enforced. Citizens' Comments on any subject except those items scheduled for Public Hearing -None Approval of Agenda and Consent Agenda - Motion (Heinrich/Morgan) Approve the Agenda and Consent Agenda Motion Passed Unanimous The following items were approved on the Consent Agenda: Resolution 2009-10, Granting a Fourth Six Month Extension to Conditional Use Permit No. 2007-03, Issued to Tom & Lori Swann for the Development of an 11- Room Hotel at 504 Adams Street Located in a Central Business Zoning District (CBD) Unfinished Business Items requiring a Public Hearing -None New Business Items requiring a Public Hearing -None Unfinished Business- None New Business - Resolution 2009-11, Recommending Council Approval of the Planning and Zoning Priorities from Apri12009 to Apri12010 Terry discussed the Planning and Zoning priorities. She stated Council would approve the priorities at their May 11, 2009 Council Meeting. She asked the Commission to review the priorities and stated the Parks and Recreation Plan was the only plan remaining on the list for the Commission to follow its progress. 48 City of Seward, Alaska M 7, 2009 Planning Commission Minutes ay volume 6, Page 2 3 8 Motion (Stauffer/Heinrich) Approve Resolution 2009-11 In response to Heinrich, Terry clarified the Parks and Recreation Plan was left on the list to keep the Commission involved in the plans progress. Motion Passed Unanimous Resolution 2009-12, Supporting Council Recommendation that the State of Alaska Revoke Its March 20, 2006 Navigability Determination as to Salmon Creek, Fourth of July Creek and Sawmill Creek, All Located in the Vicinity of Seward, Alaska Terry explained Resolution 2009-12 addressing the navigability of the creeks and how the royalty fee for flood mitigation was cost prohibitive. Stauffer discussed this Resolution further stating there was conflicting information on signage of creeks. She believed this issue needed to be on the record and go forward to the State. Terry interjected the Flood Board, the Flood Plain Task Force and the Port and Commerce Advisory Board had passed similar resolutions. She noted Planning and Zoning's recommendation would go through Council. Heinrich discussed the term navigability and asked if this infringed on the publics right to access state, federal, and recreational land. He said he understood reducing the gravel fee and hoped to see a map of the areas being affected. In response to Heinrich, Terry referred to the Resolution and how the creeks addressed were not navigable according to the Daniel Ball test. She continued to address Heinrich's questions and statements. Stauffer explained there was a state statute that defined navigability and she discussed the navigability of the creeks noted in the resolution. In response to Heinrich, Terry stated a date for this resolution with Planning and Zoning's recommendation to go before Council had not been set. Heinrich asked for a continuation on this resolution so the Commission could review maps of the area and continued to discuss navigability. In response to Roach', Terry stated this could be postponed until May 19, 2009 and stated maps could be provided. The Commission further discussed navigability and the effect on the creeks addressed in the Resolution. 49 City of Seward, Alaska Planning Commission Minutes May 7, 2009 Volume 6, Page 2 3 9 Motion (Heinrich/Stauffer) Approve Resolution 2009-12 Heinrich requested a visual representation of the water bodies and other information. Motion (Heinrich/Morgan) Postpone Resolution 2009-12 until the May 19, 2009 meeting The Commission discussed the information they would like from staff. In response to Roach', the information regarding this resolution was noticed through the Flood Board and Flood Plain Task Force, however, notices were not individually sent to the land owners. Motion Passed Unanimous Resolution 2009-13, Supporting a Council Recommendation that the State of Alaska Exempt Flood Mitigation Projects in the Seward Area From the Gravel Royalty Fee, as it Applies to All Flowing Waters into Resurrection Bay, in the Vicinity of Seward, Alaska Terry explained Resolution 2009-13 and stated the Flood Board and Port and Commerce Advisory Board passed similar resolutions. She clarified that this resolution addresses waiving the royalty fee for flood mitigation projects during or preparing for flood emergencies. She stated that Metco does not get charged the royalty fee and the City would not be commercial competition. Motion (Heinrich/Morgan) Approve Resolution 2009-13 Stauffer stated the Flood Board would prefer this solution but if the State could not remove the royalty fee entirely that they reduce it. She furthered discussed gravel removal. Terry interjected that this Resolution asked to waive the entire royalty fee but negotiations were a possibility. In response to Heinrich, Terry stated selling the gravel was not cost effective for the City. Heinrich suggested the City pay the royalty fee but it goes into a flood mitigation account that would be given back to the City. Stauffer interjected that she liked Heinrich's idea on recycling the royalty funds. Roach' stated that this made good business sense. Motion Passed Unanimous Informational Items and Reports (No action required) - 50 City of Seward, Alaska May 7, 2009 May 13, 2009 Economic Forum Information Planning Commission Minutes Volume 6, Page 2 4 0 Terry commented this Economic Forum was being sponsored by City Council. She referred to the accomplishments that were completed from the 2007 Economic Forum. She stated there would be a May 11, 2009 work session at 6:00 p.m. to discuss the Economic Forum format and the Forum would be held May 13, 2009 at the High School auditorium. Pavilion Painting Volunteers Needed Ad Terry stated a pavilion was being built at the end of Adam's street and volunteers were needed to help paint the pavilion. Morgan suggested that middle school students help with the project. Commission Comments - Stauffer appreciated the opportunity to share her knowledge she gained from the Flood Board. Morgan stated she learned a lot about navigability. Heinrich stated public access was important to him and thought Terry did a job on this. Roach' appreciated the Commissioners and discussed what each Commissioner brought to the Commission. She thanked administration for their hard work and discussed the length of the Conditional Use Permit before an extension was needed. The Commission discussed the Conditional Use Permit and Terry said she would have Bob Hicks include the suggestions in the Title 15 rewrite. Terry noted that she appreciated everyone's hard work. Citizens' Comments -None Commissions and Administration Response to Citizens' Comments -None Adjournment Meeting adjourned at 8:43 p.m. Anne Bailey Executive Liaison (City Seal) Sandie Roach' Chair 51 City of Seward, Alaska Planning Commission Minutes May 19, 2009 Volume 6, Page 2 3 6 Call to Order The May 19, 2009 Special Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Roach'. Opening Ceremony Commissioner McClure led the Pledge of Allegiance to the flag. Roll Call There were present: Sandie Roach' presiding, and Sue McClure Cindy Ecklund Christina Stauffer Steven Heinrich Tena Morgan comprising a quorum of the Commission; and Christy Terry, Community Development Director Donna Glenz, Assistant Planner Anne Bailey, Executive Liaison City Administration Report Community Development Director Christy Terry updated the Commission of the following business items: • Two appraisers from the Kenai Peninsula Borough were in town conducting a mass appraisal. This was a citywide review incorporating attributes into the property's values and changes to the property values would be provided to property owners in the next year and the owners would be able to appeal at that time. • City property had been vandalized near the tent area, the skate park, and playground. The police were investigating and the Hoben Park fountain opening would be delayed until after high school graduation. • The Commission's quarterly joint work session with the Flood Board was on June 1, 2009. The Commission would tour the Flood Board office at 6:30 p.m. and attend the Flood Board meeting at 7:00 p.m. • Northern Economics presented the Seward Marine Industrial Center Uplands Operational Analysis to the Port and Commerce Advisory Board (PACAB) and Council on May 18, 2009. PACAB would evaluate the five possible courses of action for the area and recommend a course of action. • Community Development had received residential camping complaints and was encouraging compliance with the code requirements. On June 1, 2009, a citywide review 52 City of Seward, Alaska May 19, 2009 Planning Commission Minutes Volume 6, Page 2 3 7 would be conducted on this issue and others. The Department would develop a database using the code compliance software. • Community Development had received requests from other departments for determinations on basic zoning questions and planning issues. 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/Ecklund) Approve the Agenda and the Consent Agenda Terry suggested the Commission take afive-minute recess after the public hearing item to review the posted maps. Motion Passed Unanimous The following items were approved on the Consent Agenda: April 21, 2009 Special Meeting Minutes Unfinished Business Items requiring a Public Hearing - Resolution 2009-14, Granting Jim Hoeffler a Variance from Seward City Code Chapter 15.25 Floodplain Management to construct an aircraft hanger on Lot SA, Block 200 Seward Airport Terry reviewed Resolution 2009-14 and stated the findings and the allowances that would be made regarding this floodplain variance request. She stated that building up in the proposed hanger area would cause more problems by creating a velocity zone and the applicant was in the audience to answer questions. In response to McClure, Terry stated the hangers currently present in this area had received variances and some were built before the floodplain ordinance. In further response to McClure, Terry stated none of the hangers in this location were built above the base flood elevation and if they were the hanger would be rendered useless. In response to Heinrich, Terry stated the Commission would issue one variance, which encompassed three sections of the code. In response to Ecklund, Terry stated the applicant had been notified of the cost of flood insurance and is required to have it. 53 City of Seward, Alaska Planning Commission Minutes May 19, 2009 Volume 6, Page 2 3 8 In response to Stauffer, Terry stated restrictions had not been placed on the containment of oils, fluids, and other items that could pollute the water. In response to Morgan, Terry stated the State of Alaska had specific stipulations on the maintenance of fluids on their lease sites. Glenz added the building permit process the applicant would go through addressed oil storage. She continued since it was State owned land he would have to go through the State building process. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Jim Hoeffler, outside City limits, stated he was an AMP mechanic and had inspection authorization. He noted the State and FAA required building permits in addition to the City of Seward and if a drain facility were in the hanger anoil/water separator would have to be installed. He said he had submitted the building permit application, the State suggested getting the City of Seward permit first due to the floodplain situation, and the FAA would not approve any elevation increase at the airport. He concluded he would do light maintenance in the hanger and would mainly be used for the use of his own airplanes. In response to Ecklund, Hoeffler discussed the stipulations on the height of the mechanical equipment and scuppers. In response to Morgan, Hoeffler stated he would receive a building license for his services. In response to Heinrich, the property was leased from the State and the term of the lease was based on the investment amount you put on the property. No one else requested to be heard and the public hearing was closed. Motion (Heinrich/McClure) Approve Resolution 2009-14 McClure voiced her initial concern with this since it seemed to counter what the floodplain task force was trying to accomplish and would approve it. Heinrich stated he was in favor of this. Motion Passed Unanimous The Commission recessed from 7:58 p.m. to 8:02 p.m. New Business Items requiring a Public Hearing -None Unfinished Business- 54 City of Seward, Alaska May 19, 2009 Planning Commission Minutes Volume 6, Page 2 3 9 Resolution 2009-12, Supporting Council Recommendation that the State of Alaska Revoke Its March 20, 2006 navigability Determination as to Salmon Creek, fourth of July Creek and Sawmill Creek, All Located in the Vicinity of Seward, Alaska Terry reviewed Resolution 2009-12 stating this had been discussed at the May 7, 2009 meeting and more information had been included for the Commission's review. She showed the Commissioner's the location of the Creek's on the maps and what was located around them. She discussed the straight stream access law and the vacation of public easements and access along these streams. Roach' excused herself from the meeting at 8:0$ p.m. and returned at 8:10 p.m. In response to Ecklund, Terry further discussed the access to the river and confirmed that whether the stream was navigable or non-navigable you could float on it. Terry reintroduced the Resolution and why this had been brought before the Commission. Heinrich recapped the May 7, 2009 discussion on this issue emphasizing the royalty fees, protecting the public rights associated with navigability, and thought this was the wrong way about proceeding on this issue. Morgan explained the Commissions decision moved forward to the State as a recommendation. Stauffer clarified the Commissions recommendation would go to the Borough assembly and then to the State. She said the goal was to show that different agencies within the Seward community supported the idea; she discussed the navigability determinations, and noted she was in favor of this resolution. McClure stated this issue arose from the Floodplain Task Force to make an attempt to have something occur with the floodplain issues. She thought it was important to show support on this issue. In response to Ecklund, Terry confirmed this resolution would allow gravel to be extracted without a fee but any gravel extraction would still be required to go through the permitting process protecting the habitat. Roach' appreciated the discussion on the navigability and the rights of citizens. Stauffer voiced concern with the public accessing the stream and the effect on the stream bank owners. Motion Passed New Business - Unanimous 55 City of Seward, Alaska Planning Commission Minutes May 19, 2009 Volume 6, Page 2 4 0 Schedule Title 15 Revision Work Sessions Terry stated the code revision process would involve the Commission and the public. She reviewed the two suggested schedules; (1) Postpone updates until August or September. (2) Hold Work Sessions in May and June, allow staff to make suggested changes, hold two public work shops in August and September, and bring the final product to the Commission for recommendation and Council for approval. She noted the June 2, 2009 regular Planning and Zoning meeting had been cancelled. The Commission discussed their schedules and agreed to hold the work sessions in May and June. The Commission decided on the following schedule May 28th, June 9th; June 16th; June 17th (noon); and June 23, 2009 from 6:30 p.m. to 9:30 p.m. Terry stated she would provide the Commission an electronic version of the schedule and the Title 15 code updates. Informational Items and Reports (No action required) -None Commission Comments - Stauffer stated she was glad that Resolution 2009-12 was approved and would like to see the State make a decision on the gravel fee. Heinrich commented he might miss some of the work sessions in June due to his work schedule. Ecklund said she attended the Business and Economic Forum and asked the minutes be emailed to the Commission and taken into consideration during the code updates. Roach' suggested Heinrich put any code comments in writing for the Board to consider during the review and complimented Administration on their hard work. Citizens' Comments -None Commissions and Administration Response to Citizens' Comments -None Adjournment Meeting adjourned at 8:39 p.m. Anne Bailey Executive Liaison (City Seal) Sandie Roach' Chair 56 rn 0 0 N N n a a~ r .~ z