HomeMy WebLinkAbout05072009 Planning & Zoning MinutesCite of'S'eivurd, Aluskn
Mm' %, ?009
Planni~~g Commission Minu~e.r
b'ohnrte li, Pc~~~e 3 31
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 Bailcy, 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 l5 would be sent to the Commission electronically on May I5, 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 .lune 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. Acity-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.
City of Sex~arc% .Alaska
May 7, ?009
Plannif~X Commission Minutes
Volzlme 6, Page 3 3 2
• 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, "berry 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 April 2010
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.
City of ~Seii~urd, Alaska Planning Commission Minutes
Mcn~ 7, 2009 ~"ohune 6, Page 3 3 3
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 [ts 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-] 2 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.
Ci!v ~ f Setia~ard, Alusku Planning Commission Minutes
Mav 7, ?009 Volmne 6, Page 3 3 4
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 gnavel 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) -
C'rty ofSeN~ard Alaska
Mcrp 7, 2009
May 13, 2009 Economic Forum Information
/'laniiin~~ Conznaissio~7 Minutes
Vohurte 6, PaKe 3 3 5
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
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