HomeMy WebLinkAbout12012009 Planning & Zoning PacketSeward Planning & Zoning
Commission
Meeting Packet
December 1, 2009 Regular Meeting
City Council Chambers Beginning at 7:30 p.m.
Seward Planning & Zoning Commission
Regular Meetin
December 1, 2009 7:30 P.m. Jtv ,ounci . . am er.c
Sandie Roach'
Chair
Term Expires 02110
Steven Heinrich
Vice Chair
Term Expires 02111
Frank DerLtarco
Commissioner
Term Expires 02112
Tena Morgan
Commissioner
Term L:xpires 02/10
Christina Stauffer
Commissioner
Terra Expires 02/12
Cindy Ecklund
Commissioner
Term Expires 02/11
Phillip Oates
City Manager
Christy Terry
Community Development
Director
Suzi Towslev
Executive Liaison
1. Call to Order
2. Opening Ceremony
A. Pledge of Allegiance
3. Roll Call
4. Special Reports & Presentations
A. City Administration Report
B. Other Reports, Announcements & Presentations
5. Citizens' Comments on any subject except those items
scheduled for public hearing. [Those who have signed in
will he 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.]
Planning and Zoning Commission Regular Meeting Agenda
December 1, 2009 F I
1
7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given
the first opportunity to speak]
A. Unfinished Business Items requiring a Public Hearing — None
B. New Business Items requiring a Public Hearing -None
8. Unfinished Business — None
9. New Business —
A. Resolution 2009-25 of the Seward Planning And Zoning Commission, Providing a
Recommendation to Council on the Nomination for Disposal and Lease
Reconunendations for Lot ZZ Forest Acres Subdivision ................................... Page 3
B. Approve the 2010 Planning and Zoning meeting schedule and public hearing Cut-off-
dates............................................................................................................... Page 11
C. Set topic or cancel December 15, 2009 Planning and Zoning Work Session.... Page 14
* D. October 8, 2009 Regular Meeting Minutes ...................................................... Page 15
* E. October 20, 2009 Special Meeting Minutes .................................................... Page 18
* F. November 5, 2009 Regular Meeting Minutes .................................................. Page 26
10. Informational items and Reports (,'Vo action required) -
A. Rescheduled (December 1, 2009) Quarterly Work Session with the P&Z Commission
and Seward Bear Creek Flood Service Area Board ........................................ Page 30
B, Thank you note to the Commission from Representative Paul Seaton ............ Page 31
11. Commission Comments
12. Citizens' Comments [Limit to 5 minutes per individual - Each individual has one opportunity to speak]
13. Commissions and Administration Response to Citizens' Comments
14. Adjournment
Planning and Zoning Commission
December 1, 2009
F 2
2
Regular Meeting Agenda
Sponsored by: Administration
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-25
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, PROVIDING A
RECOMMENDATION TO COUNCIL ON THE NOMINATION FOR
DISPOSAL AND LEASE RECOMMENDATIONS FOR LOT ZZ FOREST
ACRES SUBDIVISION
WHEREAS, the City of Seward is pursing purchase of Lot ZZ, Forest Acres
Subdivision, according to Plat No. S-17; and a boundary survey of Forest Acres Subdivision,
according to Plat 78-4, Records of the Seward Recording District, Thirst Judicial District, State
of Alaska; and
WHEREAS, this parcel is one of the three primary properties remaining for which the
City requires access for the North Forest Acres Levee/Road Project; and
WHEREAS, since the City does not currently own the parcel and a purchase agreement
will be before Council at a later date, the City has not previously identified this parcel as
available for disposal; and
WHEREAS, as part of the purchase agreement, the sellers are requesting a lease
agreement with them in lieu of personal property relocation; 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 recommendations
to the City Council regarding the pros and cons of disposal of the nominated parcel by
negotiation in the event the property is purchased by the City of Seward; 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 in the event the property is purchased by the City of Seward; and
WHF,REAS, the proposal along with written Planning Commission and staff comments
and recommendations shall be submitted to the City Council; and
WHEREAS, the nomination for disposal and lease 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:
3
Seward Planning and Zoning Commission
Resolution 2009-25
Page 2 of 3
Section 1. The Commission finds that because the City is pursuing the purchase of Lot
ZZ, Forest Acres Subdivision specifically for the North Forest Acres Levee Project and the
sellers have agreed to sell the property with the condition that the City enters into a lease
agreement in lieu of personal property relocation, then the recommendation to Council is to
dispose of this property by lease within the purchase negotiations. The Commission further finds
that the public benefit is well demonstrated with the requested ±15,654 square foot north portion
of Lot ZZ, Forest Acres Subdivision as a Public Use Easement in compliance with the
development of the North Forest Acres Levee Project.
Section 2. The Commission has reviewed the submitted proposal and makes the
following lease recommendations in the event that the purchase negotiations are successful:
a) Lessees may use only that portion of the Leased Land not subject to the Public Use
Easement as shown on Exhibit A.
b) Lessees shall comply with all Seward City Code requirements, specifically including
but not limited to, Seward City Code Chapter 15.25 Floodplain Management.
c) Lessees shall comply with all State and Federal permits and approvals, including but
not limited to those required by, the U.S. Army Corps of Engineers, the
Environmental Protection Agency, the Alaska Department of Public Facilities and
Transportation, the Alaska Department of Public Facilities and Transportation, the
Alaska Department of Fish and Game, and the Alaska Department of Environmental
Conservation.
d) Lessees shall not use the Leased Land in any manner or construct any facilities
thereon which would inhibit the use of the adjacent or other lands.
e) Lessees shall not use the Leased Land in any manner or construct any facilities
thereon which would damage, impact the operation or impact the effectiveness of the
levee.
f) Any additional staff comments and recommendations shall be considered during the
lease negotiation process.
g) Initial lease payments shall be determined within the purchase negotiations, based on
fair market rental value.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 1st day of
December 2009.
AYES:
THE CITY OF SEWARD
Sandie Roach, Chair
!�
Public Use Easement
North Forest Acres Levee Project
Parcel Number RES 005
Located within Lot ZZ
Forest Acres Subdivision
Plat Number 78-4 and Record of Survey Number 2008-22
Seward Recording District.
As shown on the attached Parcel Map.
Described as follows;
Beginning at the Southwest corner of Lot ZZ;
Thence N16'59'36"W, 130.071, along the West boundary of Lot ZZ,
to the True Point of Beginning.
Thence N16'59136"W, 79.051,
along the West Boundary of Lot ZZ, to the Northwest corner of Lot ZZ;
Thence N89'51125"E, 183.291,
along the North Boundary of Lot ZZ, to the Northeast corner of Lot ZZ;
Thence S43'17139"E, 103.351,
along the Bast Boundary of Lot ZZ, to the Southeast corner of Lot ZZ;
Thence S89'47132"W, 231.061;
to the True Point of Beginning.
Containing 15,654 Square Feet, more or less.
Exhibit A -- Page 1 of 2
5
S89-51'25'W'253. i8' N89 51 "�,`."F '8329"
1
PUBLIC USE EASEMENT
0
s, 15,654 S.F.
47 2-3
_
Lot ZZ
to
6W
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A.
""T
PARCEL
S. ..A:.�v... `..........�
MAP
PUDL/C USE EASEMENT
p
j m :.wrn. Nieh a'cs Cline: x
LOT ZI
FOREST ACRES SURDIOSION
+ CRY Of srwARD
♦ t� fG8 7qq .::5�
�1 �v `�� R' a.•x�
` NORTH FOREST ACRES LCAr M70/ECT
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i'M.C£L NUMDER RES 005
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t t within Seelion 34, TlN, R/W, S.M.., Ak
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CLINE & ASSOCIATES
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/'af Nwn7v ?t7-d. eB, 'd R'—d.,q bA &k1
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.;::WAXO, &A" A 99664
!',runtl Rlnnumenf L6 5152 1991 ocv-t�ls-snr
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!lusts of Deurrs;g s per Record or Survey
*-bl r Am 'p,, 5)zd Recording MM-t
Fl£LD 900X: 08-E r
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Exhibit A -- Page 2 of 2
n.
P&Z Agenda Statement
1,
Meeting Date: December 1, 2009 f
To: Planning and Zoning Commission
From: Community Development Director Christy Terry
Agenda Item: Resolution 2009-25 PROVIDING A RECOMMENDATION TO
COUNCIL ON THE NOMINATION FOR DISPOSAL AND
LEASE RECOMMENDATIONS FOR LOT ZZ FOREST ACRES
SUBDIVISION
BACKGROUND & JUSTIFICATION:
This year the City of Seward received all the required permits to proceed with construction of the
North Forest Acres Levee Project. Completing the North Forest Acres Levee is a key mitigation
measure to reduce flood risk for individuals, homes, businesses, and public infrastructure in
Seward. In accordance with Council's direction, the City engaged the services of HDR Alaska
to conduct property and right-of-way acquisition negotiations with affected property owners.
HDR solicited property appraisals from MacSwain Associates LLC for all affected properties, as
well as the services of Statewide Appraisal Services as a third party technical review. Parcel ZZ,
Forest Acres Subdivision, is one of the three primary properties remaining for which the City
requires access for the North Forest Acres Levee/Road Project.
The property owners of Lot ZZ propose that they are allowed to continue the use of a portion of
the lot for storage of their personal property. As the lawful owner -occupant of this property, the
Lemmes were offered relocation assistance as required by Alaska Statutes Chapter 34 and
Federal Regulations 49 CFR Part 24. During negotiations, the property owners were not
interested in selling their property and entering into a revocable license agreement with the City
because of the five year time limit on license agreements, nor was the City able to replat the
parcel into two smaller parcels because this would violate City and Borough zoning code by
creating two non -conforming sized lots.
As an alternative solution meeting both parties' requirements, but subject to Commission
recommendations and Council approval, the City has proposed purchasing Lot ZZ and then
leasing the lot back to the current property owners. Subsequent to the City's purchase, the City
will create a 15,654sf public use easement (PUE) on Lot ZZ and is offering to enter into an
eight -year lease of Lot ZZ, subject to the PUE, as fulfillment of the obligations of the City and
their affiliated organizations under the aforementioned relocation requirements and in lieu of
monetary relocation payment. This in -lieu settlement of any relocation claims specifically
includes all real or anticipated reimbursement of the costs for searching for a new location and
moving all property.
Since the City does not currently own the parcel and a purchase agreement will be before
Council at a later date, the City has not previously identified this parcel as available for disposal.
Pursuant to the City's Lease Policies and Procedures established by Resolution 1994-101, this
Page 1 of 3
7
proposal is before the Commission for review and recommendations to the City Council
regarding the pros and cons of disposal and review and written recommendation of the
nominated parcel by lease negotiation in the event the property is purchased by the City of
Seward. The administration recommends the Commission finds that because the City is pursuing
the purchase of Lot ZZ, Forest Acres Subdivision specifically for the North Forest Acres Levee
Project and the sellers have agreed to sell the property with the condition that the City enters into
a lease agreement in lieu of personal property relocation, then the recommendation to Council is
to dispose of this property by lease within the purchase negotiations. Additionally, the
administration recommends that the public benefit is well demonstrated with the requested
±15,654 square foot north portion of Lot ZZ, Forest Acres Subdivision as a Public Use Easement
in compliance with the development of the North Forest Acres Levee Project.
This resolution also addresses the requirement that 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 in the event the property is purchased by the City of
Seward. Based on the location, desired use of the property and the desired outcome for the
property negotiations, the Administration supports the following lease recommendations:
a) Lessees may use only that portion of the Leased Land not subject to the Public Use
Easement as shown on Exhibit A.
b) Lessees shall comply with all Seward City Code requirements, specifically including
but not limited to, Seward City Code Chapter 15.25 Floodplain Management.
c) Lessees shall comply with all State and Federal permits and approvals, including but
not limited to those required by, the U.S. Army Corps of Engineers, the
Environmental Protection Agency, the Alaska Department of Public Facilities and
Transportation, the Alaska Department of Public Facilities and Transportation, the
Alaska Department of Fish and Game, and the Alaska Department of Environmental
Conservation.
d) Lessees shall not use the Leased Land in any manner or construct any facilities
thereon which would inhibit the use of the adjacent or other lands.
e) Lessees shall not use the Leased Land in any manner or construct any facilities
thereon which would damage, impact the operation or impact the effectiveness of the
levee.
f) Any additional staff comments and recommendations shall be considered during the
lease negotiation process.
g) Initial lease payments shall be determined within the purchase negotiations, based on
fair market rental value.
INTENT:
The intent of this resolution is to provide recommendations to Council on the nomination
for disposal and tease recommendations for Lot ZZ, Forest Acres Subdivision. Lot ZZ,
Forest Acres Subdivision, is one of the three primary properties remaining for which the
City requires access for the North Forest Acres Levee/Road Project.
Page 2 of 3
8
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 approvingolicy for nominating_ public property for
disposal.
RECOMMENDATION:
APPROVE RESOLUTION 2009-25, PROVIDING A RECOMMENDATION TO
COUNCIL ON THE NOMINATION FOR DISPOSAL AND LEASE
RECOMMENDATIONS FOR LOT ZZ FOREST ACRES SUBDIVISION
Page 3 of 3
9
7-' ' Proposed North Forest Acres
�- Levee/Road
250 t2s a 250 WO FeM WE
v s
Legend
2008 Alignment _ 100-year Flood Zone (Zone A)
�■ 2003Alignment Wetland
2007Alignment Parcel Boundary
Existing Levee
Sources., HDR, Wm. J. Nelson &Associates, AeroMetric, FEMA Date: 04/17/08
0
P&Z Agenda Statement
Meeting Date: December 1, 2009
Through: Community Development Director Christy Tei
From: Executive Liaison Suzi Towsley--"``
Agenda Item: Approve the 2010 P&Z meeting and work session
schedule
BACKGROUND & JUSTIFICATION:
At the end of each year the Planning and Zoning Commission approves the regularly scheduled
Planning and Zoning meetings and scheduled special meeting/work sessions for the coming year.
According to Seward City Code Section 2.30.220, "the Seward Planning and Zoning Commission
shall meet at 7:30 p.m. in the city council chambers on the first Tuesday of each month. Special
meetings may be held at the call of the chair or the city manager, and at such other times as the
commission may determine." The Planning and Zoning Commission requested regular work
sessions be scheduled for the third Tuesday of each month and if a Public Hearing item was
submitted by the required cut-off date the work session be scheduled as a special meeting. The
Commission set the time for special meetings to commence at 7:30 p.m. and work sessions at 6:30
p.m.
The regular May Planning & Zoning meeting is scheduled for Thursday, May 6, 2010 due to the
Borough Assembly meeting scheduled in Seward Council Chambers on May 4, 2010 (date could be
subject to change).
The regular October Planning & Zoning meeting is scheduled for Thursday, October 8, 2010 due to
the City and Borough elections scheduled for October 6, 2010.
The regular November Planning & Zoning meeting is scheduled for Thursday, November 4, 2010
due to the national election scheduled on November 2, 2010.
RECOMMENDATION:
Motion to approve the 2010 Planning and Zoning meeting and special meeting/work session
schedule.
11
City of Seward
2010 Planning Zoning Commission
Meeting and Agenda Cut -Off Dates
Reminder: Per SCC2.30.220(a), the Commission shall meet at 7:30 p.m. in the
council chambers on the 1st Tuesday of each month
Public Hearing Items
Variance/CUP/Plat Reviews
(3 weeks prior to meeting)
Non Public Hearing Notice
Items
(2 weeks prior to meeting)
Meeting Date
December 15, 2009
December 22, 2009
January 5, 2009
December 29, 2009
NIA
January 19, 2009
January 12
January 19
February 2
January 26
N/A
February 16
February 9
February 16
March 2
Febua 23
N/A
March 16
March 16
March 23
April 6
March 30
NIA
April 20
April 16
April 20
May 6
April27
NIA
May 18
May 11
May 18
June 1
May 25
NIA
June 15
June 15
June 22
July 6
June 29
N/A
July 20
July 13
July 20
August 3
July 27
NIA
August 17
August 17
Au ust 24
September 7
August 31
NIA
September 21
September 16
September 23
October 7
September 28
N/A
October 19
October 14
October 21
November 4
October 26
NIA
November 16
November 16
November 23
December 7
November 30
NIA
December 21
December 14, 2010
1 December 2, 2010
January 4, 2011
December 28, 2010
I N/A
January 18, 2011
GAPandZ\Community Development Folder\Plan & Zone-DonnalYE 12 hedules\2010 P&Z Schedule\P&Z mtg Cut Off Dates 2010.xls
Memorandum
CITY OF SEWARD
COMMUNITY DEVELOPMENT
Date: November 5, 2009
To: Planning & Zoning Commission
From: Suzi Towsley, Executive Liaison
Subject: 2010 - Planning & Zoning Meeting Schedule
This memo is to provide a schedule of the Planning & Zoning Commission Meetings for the calendar year 2010. Unless
otherwise noted the P & Z regular meetings will begin at 7.30 p m. The "Scheduled Special Meetings" shall be held
ONLY if a Public Hearing item is on the agenda and will commence at 7:30 pm per the 12/16/2008 adopted P&Z
Rules of Procedure, otherwise the gathering will be held as a work session commencing at 6:30 pm.
Month
Regular Meeting
Special P&Z Meeting for Public Hearings 7:30 pm
OR scheduled Work Sessions Commence at 6.30 pm
January
January 5th
January 19"'
February
February 2"d
February 16d'
March
March 2"d
March 2nd (quarterly Flood Board W/S 6:30)
March 16 h
April
April 6'h
April 20
May
May 6 h (Thursday)
May 18`h (Borough Assembly in Seward May 4`h)
June
June 1"
June I" (quarterly Flood Board W/S 6:30)
June 15d'
July
July 6`h
July 20`h
August
August 3`d
August 17'h
September
September 7`h
September 7'h (quarterly Flood Board W/S 6:30)
September 21"
October
October 71h (Thursday)
October 19'h (KPB & Local elections October 61h)
November
November 4'h (Thursday)
November 16`h (National Election November 2"d
December
December 7'h
December 7'h (quarterly Flood Board W/S 6:30)
December 21"
January January 4`h January 18`h
If you have questions or concerns or cannot attend, please call 224-4048 or email stowsev a;cityofseward.net.
13
Planning and Zoning Commission
Agenda Statement
Meeting Date: December 1, 2009
Through: Christy Terry, Community Development Director
From: Suzi Towsley, Executive Liaison
Agenda Item: Set Topic for or Cancel the December 15, 2009
Planning and Zoning Work Session
BACKGROUND & JUSTIFICATION:
The December Planning and Zoning Work Session is scheduled for Tuesday December 15, 2009.
No items were submitted to the Community Development Department before the deadline to hold a
Public Hearing on this date. Administration had planned to hold a Special Hearing to approve the
Two Lakes Park Replat, but due to additional public comments, this plat will be before the
Commission at their second meeting in January. As of printing time, no topic has been set for this
Work Session.
Administration is willing and able to prepare a work session based on the Commission's
recommendations. Past Commissions have chosen to cancel the work session because of the
proximity to the holidays.
RECOMMENDATION:
Staff request that the Commission either set a topic for the December 15, 2009 Planning and Zoning
Work Session or cancel the Work Session.
14
City of Seward, Alaska
Octoher 8, 2009
Call to Order
Planning Commission Minuies
Volume 6. Pane
The October 8, 2009 Regular Meeting of the Seward Planning & Zoniig Commission was
called to order at 7:30 p.m. by Chair Roach'.
Opening Ceremony
Commissioner Stauffer 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
Suzi Towsley, Executive Liaison
City Administration Report
Community Development Director Christy Terry updated the Commission of the
following business items:
• The Seward Mountain Haven Long Term Care Facility was scheduled to have opening
ceremonies October 17, 2009 Commissioners would receive an invitation.
• Director Terry was planning training sessions for comnussioners and would send emails to
schedule this, as the Alaska Municipal League meetings approached.
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 (Stauffer/Heinrich) Approve the Agenda and Consent Agenda
Motion Passed Unanimous Consent
The following items were approved on the Consent Agenda:
September 1, 2009 Regular Meeting Minutes
15
City of Seward, Alaska Planning Commission Minutes
October R, 2009 Volume 6, Page
Unfinished Business Items requiring a Public Hearing —
Resolution 2009-21 of the Seward Planning and Zoning Commission of the
City of Seward, Alaska, granting a variance from Seward City Code 15.10.220
Development Requirements to allow the annual temporary placement of a
membrane structure within the 5 foot West setback, from October 15 through
April 15 on Lot 1A, Block 1, Marina Subdivision, 1301 Fourth Avenue, within
the Harbor Commercial Zoning District
Terry reviewed Resolution 2009-21. She explained the applicant, Mark Clemens, was in
the audience to answer questions from Commissioners. Terry also introduced Fire Chief
Squires and Building Inspector Nelson.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened. No one requested to be heard and the public hearing was
closed.
Motion (Stauffer/Heinrich) Approve Resolution 2009-21
In response to Stauffer, Clemens stated that he was grateful for the conunissioner's
willingness to postpone his request. He stated that he had often set up a similar structure on his lot
in past years and was working, through this variance request, to come into compliance with city
planning and zoning requirement.
In response to Chair Roach', Clemens stated that the membrane structure would be used for
boat repair and maintenance.
Chief Squires stated that Clemens was in compliance with stringent city fire codes, and
would be required to pass annual inspections to receive a permit.
Heinrich stated that he was concerned for the convenience of the business owner, and stated
that a "sunset clause", as suggested, Section 2 amendment, would alleviate his concerns.
Morgan stated that she supported adding a sunset clause to the variance.
In response to Stauffer, Terry explained the resolution had no end date noting the annual
variance use of the setback was allowed indefinitely.
In response to Chair Roach', Chief Squires stated that he was not concerned about
laddering the back part (eastside) of the building in the event of a fire, as other access would not be
restricted. The primary structure was used for retail sales and not as a residence which also
reduced the chance of needing to ladder the structure.
16
City of Seward, Alaska
October 8, 2009
Motion (Morgan/Stauffer)
Motion to Amend Passed
Planning Commission Minutes
I/olun¢e 6, Poge
Amending Resolution 2009-21 Adding a new
Section 2. to read: The commission finds
the need for this variance is directly related
to the applicant's business operations on
land leased by the City, and therefore this
variance will terminate upon termination
of the existing lease with the city, or any
extension thereof', and re -numbering
subsequent sections
Unanimous
In response to Heinrich, Chief Squires, Director Terry and Building Inspector Nelson
agreed that the neighboring property owner, Breeze Inn, had expressed any concern, inquired or
complained regarding the variance application. Clemens confirmed that he had good relationship
with the neighboring business, had a similar structure up in past years and had not had any
complaints from his neighbor, The Breeze Inn.
In response to Morgan, Clemens said that the membrane structure, tarp color would be a
neutral color.
In response to question from Stauffer, Clemens stated that he had not experienced any
trouble from or damage due to winds on a similar structure.
Main Motion Passed as Amended
Unanimous
New Business Items requiring a Public IIearing — None
New Business -Set Work Session Topic for October 20, 2009
Terry stated that administration was requesting the Commission set "Updates to Title
15 Seward City Code" as the work session topic for October 20, 2009 also to serve as a joint
session of the Historic Preservation Committee, to begin at 6prrimmediately preceding the
scheduled Special meeting of the Planning and Zoning commission.
Commissioners unanimously agreed and set the work session topic by General
Consensus.
Informational Items and Reports (No action required) —
Special Meeting Notice for October 20, 2009
NFIP/CRS Update for September 2009
17
City of Seward, Alaska
October 8, 2009
Commission Comments —
Planning Commission Minutes
Volume 6, Page
Stauffer expressed her thanks to Fire Chief, Mark Clemens and Nelson.
Heinrich and Morgan echoed their appreciation.
Chair Roach' thanked Clemens, Chief Squires, Nelson and Administration for their work.
Citizens' Comments —Clemens thanked the Commission for their consideration and hard work on
the issue.
Commissions and Administration Response to Citizens' Comments —
Terry unformed the Commissioners that October 19 was Alaska Day and City Offices would
be closed. Additionally Commissioners were informed that the following Planning and Zoning
Commission Meeting would fall on Thursday November 5 due to the National election. Terry also
suggested that Commissioners try to attend Seward Mountain Haven's Opening Ceremony, and
thanked them for their help during the project development.
Chair Roach' thanked Mark Clemens for his business.
Adjournment
Meeting adjourned at 8:27 p.m.
Suzi Towsley
Executive Liaison
(City Seal)
Sandie Roach'
Chair
iff
City of Seward, Alaska
October 20, 2009
Call to Order
Planning Commission Minutes
Volume 6. Page
The October 20, 2009 Special Meeting of the Seward Planning & Zoning Commission was
called to order at 7:30 p.m. by Chair Roach'.
Opening Ceremony
Commissioner Ecklund led the Pledge of Allegiance to the flag
Roll Call
There were present: Sandie Roach' presiding, and
Cindy Ecklund
Christina Stauffer
Steven Heinrich
Tena Morgan
Frank DeMarco
comprising a quorum of the Commission: and
Christy Terry, Community Development Director
Kari Anderson, Harbormaster
Suzi Towsley, Executive Liaison
City Administration Report
Community Development Director Christy Terry updated the Commission of a voluntary test
electrical `brown out' planned the following evening for the entire rail belt, from 6pm to Spm.
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 (Ecklund/Stauffer)
Motion Passed
Approve the Agenda
Unanimous
Unfinished Business Items requiring a Public Hearing — None
New Business Items requiring a Public Hearing —
Wel
City ol"Seward, Alaska Planning Commission Minutes
October 20, 2009 Volume 6, Page
Resolution 2009-22, Providing Recommendations to Council on the Request by
Alaska Logistics, LLC to Lease Lot 2, Block 3, Fourth of July Subdivision, Within the
Industrial Zoning District, Seward Marine Industrial Center, 3305 Jellison Avenue
"berry reviewed Resolution 2009-22.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened. No one requested to be heard and the public hearing was
closed.
Terry remarked that a representative from Alaska Logistics was present to answer
Commissioner's questions.
Motion (Heinrich, Stauffer) Approve Resolution 2009-22
In response to Ecklund, Terry explained that Alaska Logistics would be required, by City
Code and State Law to comply with all environmental requirements under the proposed lease.
Terry explained that Alaska Logistics performed boat repair and maintenance.
In response to Ecklund, "Terry stated that the specific lot had been chosen by the lessee.
In response to Heinrich, Terry explained that the application was for a long-term lease.
Harbormaster Anderson joined the meeting via speaker phone, from Kodiak.
In response to Ecklund, Harbormaster Anderson explained that the site for lease had been
selected by Alaska Logistics based on size of the lot, its proximity to existing facilities for boat
repair and maintenance and an existing driveway that would allow for access by the City's travel
boat lift.
In response to DeMarco, Harbormaster Anderson confirmed that ditches running along the
south boundary of the land were for natural surface water drainage.
In response to Ecklund, Anderson explained that Alaska Logistics planned to install a 2
layer plastic barrier beneath the building as part of their Storm water pollution prevention plan.
In response to Stauffer, Terry explained that there was a portion inside of the proposed
lease area where `soil farming' was taking place.
Harbormaster Anderson explained that in 2001 a vessel in the Seward Marine Industrial
Vesel storage and repair yard had experienced a spill resulting nn diesel contaminated soil. With
State permission and guidance, the City had `soil fanned' the contaminated soil, spreading it out,
adding lime and fertilizer and allowing natural processes to work, which would decontaminate the
soil.
20
City of Seward, Alaska Planning Commission Minutes
October 20, 2009 PoIume 6 Pane
'Terry stated that the proposed lease had a structured rate system, with the rate being
directly proportionate to the usable land on the lot. Area being used for `soil farming' was
considered to be un-usable.
In response to Stauffer, Anderson stated that the City would retain all responsibility for
previously contaminated soil farm' soil until it had met DEC testing standards.
In response to Ecklund, Anderson stated that stipulations in the lease covered in Section 4
met State standards and would require Alaska Logistics to file a storm, waste water plan for
environmental protection of the area.
In response to Morgan, Anderson answered that the area being `soil fanned' would be off
limits for use by the lessee until testing confirmed that the soil was no longer considered
contaminated.
In response to Morgan, Anderson stated that the lessee would be allowed to park trucks
and equipment along the perimeter of the `soil farmed' area.
In response to Chair Roach', Anderson stated that no testing had been done on the outside
of the `soil farmed' area.
In response to Heinrich, Anderson explained that when the 2.5 acre parcel had tested clean
of contaminated soil the entire lot would be usable by Alaska Logistics. Heinrich also briefly
summarized the request for lease and situation at the prospective lease sight.
In response to Chair Roach', Anderson explained that the lessee would not be allowed to
work on top of the contaminated soil farming area, but that to the best of her knowledge there was
no physical barrier to the area.
In response to a question from Terry, Anderson stated that additional tests of the area
outside of the soil fanning barrier could be done at the same time as testing scheduled for 2010, but
would be cost prohibitive if done independently.
Chair Roach' stated that a reasonable protective measure would be the placement of some
kind of fence or other physical barrier to keep equipment from being moved over the contaminated
soil area.
In response to Roach', Anderson stated that the accident, original spill had taken place in
2005 and the `soil fanning' had started in the summer of2008.
In response to Heinrich, Anderson explained that DEC guidelines had been followed while
the soil was being moved and placed onto the soil fanning site.
21
Ciry of Seward, Alaska Planning Commission Minutes
October 20, 2009 Volume 6, Page
In response to Ecklund, Anderson stated that when the DEC approved the plan, there had
not been any interest in leasing out the sight for a number of years. However, the storage of snow
and snow removed from the SMIC area had been discussed as part of the DEC approved plan.
In response to Ecklund, Anderson said the City was planning to run soil test samples on the
site, as part of the DEC approved plan, in approximately September of 2010.
In response to Ecklund, Eric Day from Alaska Logistics, explained that Alaska Logistics
would not require the use of the entire parcel prior to the time when soil testing was expected to be
done.
In response to Morgan, Anderson explained that Alaska Logistics the sole company
showing interest in leasing this parcel of land for at least 2 years.
Stauffer stated that she felt that better demarcation of the `soil farm' was the best solution.
Heinrich and Roach' both thought that better isolation of that area was prudent to protect both
lessee and the City.
Percentage of the lot that would be leased was discussed by the commission.
Chair Roach' asked the attending representative from Alaska Logistics how he felt about
the commissions direction. Mr. Day responded that he appreciated the commissions' careful
concern.
Harbormaster Anderson shared approximate lot measurements with commissioners.
Motion (Ecklund/Stauffer)
Motion Passed
Motion (Ecklund/Heinrich)
Amending Resolution 2009-22 Section 1. (g)
to read: "The lease payments shall be
negotiated at the Fair Market Rental Value
of the parcel, measuring 170 feet east from
the northwest corner of Lot 2, and 255 feet
south to the lot boundary."
Yes: Morgan, Ecklund, Stauffer,
Heinrich,
Roach'
No: DeMarco
Amending Resolution 2009-22, adding "(h)
The remainder of Lot 2 shall be cordoned
off (fenced off or marked off) and will not
be used by the lessee until the City
determines the area to be free of
contaminates.'
22
City of Seward, Alaska Planning Commission Minutes
October 20, 2009 Volume 6, Page
Motion Passed
Main Motion Passed as Amended
Chair Roach' called a 5 minute break at 8:50pm.
Meeting resumed at 8:55pm.
Motion (Ecklund/Stauffer)
Yes: Morgan, Stauffer, Heinrich,
Ecklund, Roach'
No: DeMarco
Yes: Morgan, Stauffer, Ecklund,
Heinrich, Roach'
No: DeMarco
Approve Resolution 2009-23
Resolution 2009-23 Granting A Variance From Seward City Code 15.10.220
Development Requirements To Alaska Logistics, LLC. Permitting an Exception to the
Zoning Code Maximum Building Height to Allow a 46 Foot Structure on Lot 2, Block
3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, 3305 Jellison
Avenue, Within the Industrial Zoning District
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened. No one requested to be heard and the public hearing was
closed.
Motion (Ecklund/Stauffer) Approve Resolution 2009-23
Terry requested that Chair Roach' suspend the rules in order to ask Deputy Fire Chief
Athey questions. Chair Roach' suspended the rules and Deputy Fire Chief Athey was introduced to
the Commissioners.
In response to Heinrich and DeMarco, Athey stated that Alaska Logistics had been
responsive and receptive to Fire Department's suggestions and involved in the process.
In response to Roach', Athey said that the Fire Department had a requirement in the lease
that the lessee not store anything more than Twostories high in the proposed structure.
In response to Roach', Athey expressed that Alaska Logistics had agreed to using the word
"shall" in place of the word "may" in finding D, page 3 of Resolution 2009-23.
City Administration Comment on Request for Variance Resolution 2009-23
General conditions were reviewed, Terry stating that boat maintenance and storage were
allowed use of the area. The variance being requested was 46 feet to allow for the travel lift to
have access to the building.
23
City of Seward, Alaska Planning Commission Minutes
October• 20 2009 Volume 6, Page
Terry suggested that the Commissioners change "may' to "shall" in finding D, page 3 of the
Resolution 2009-23.
In response to Stauffer, Terry stated that the roof of the structure would be required to
withstand 110 mile per hour winds per Seward building permit requirements.
In response to Stauffer , Mr. Day from Alaska Logistics explained that the containers being
used to construct the structure would be painted brown.
In response to Ecklund, Day said that the height of the roof along the planned breeze -way
would be approximately 8 feet high to protect the walkway form snow, ice and weather. The
structure would be comprised of approximately 28 containers and the front made of shipping
containers moved with loading equipment into place.
In response to Roach', Day stated that his company was confident that the request for a 46
foot variance would allow for use and clearance for the City's travel lift.
Motion (Morgan/DeMarco)
Motion Passed
Main Motion Passed as Amended
Commission Comments —
Amending Resolution 2009-23, striking
"may" and replacing it with "shall" in
Section 1, Sub section D to read:
"Furthermore a condition of the building
permit approval shall require that the
applicant provide a fire hydrant within 250
feet of the building to improve fire response
services to the sight."
Unanimous
Unanimous
Morgan thanked staff and Harbormaster Anderson for their work.
Ecklund thanked Sue McClure for her work on the Commission and congratulated her on
being elected to the Kenai Peninsula Borough Assembly. Ecklund also thanked staff and Alaska
Logistics for their patience and hard work.
Heinrich thanked staff for a recent Commissioners dinner function, and thanked the
petitioner for the lease for his patience.
Stauffer expressed her congratulations to Sue McClure and her thanks to staff and the
applicant.
24
City of Seward, Alaska Planning Commission Minutes
October 20, 2009 Volume 6, Page
Chair Roach' welcomed DeMarco to the Commissioner, and thanked Sue McClure for her
years of work and service on the Planning and Zoning Commission.
Citizens' Comments —None
Commissions and Administration Response to Citizens' Comments —None
Adjournment
Meeting adjourned at 9:28 p.m.
Suzi Towsley
Executive Liaison
(City Seal)
Sandie Roach'
Chair
25
City of Seward, Alaska Planning Commission Minutes
November 5 2009 Volume 6, Page
Call to Order
The November 5, 2009 Regular 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
Christina Stauffer
Steven Heinrich
Tena Morgan
comprising a quorum of the Commission; and
Christy Terry, Community Development Director
Suzi Towsley, Executive Liaison
City Administration Report
Community Development Director Christy Terry updated the Commission of the
following business items:
• Noted that November 11 was Veterans Day and City Offices would be closed.
• A Planning Commission Training was taking place in Anchorage later in November. For
Comrissioners unable to attend, Terry remarked that a video conference was being planned
for December 9th.
• Final draft of City Code 15 revisions were being reviewed by staff. Joint meetings with
Council and the Public were expected to take place in early 2010.
• ECl/Hyer was chosen for the Library Museum Project and would hold workshops in
Seward the week of November 16. Conunissioners were invited and asked their preference
for meeting times. Commissioners discussed a possible schedule.
Other Reports, Announcements & Presentations — None
Citizens' Comments on any subject except those items scheduled for Public Hearing- None
Motion (Heinrich/Morgan) Approve the Agenda and the Consent
Agenda
Q:
Citv of Seward, Alaslca
November S, 2009
Motion Passed
Special Items -Election of Vice -Chair
Planning Commission Minutes
1/olume 6. Page
Unanimous Consent
Administration reviewed rules for re -organization and etiquette required.
Chair Roach' nominated Commissioner Heinrich as Vice Chair.
Motion (Stauffer/Morgan)
Unanimous Consent
Unfinished Business Items requiring a Public Hearing — None
New Business Items requiring a Public Hearing —
Resolution 2009-24 granting Jim Hoeffler an amendment to floodplain
variance permit 2009-01, to place an 8X10 foot accessory structure on lease lot
5A, Block 200 Seward Airport
Terry reviewed Resolution 2009-24, she explained that the variance request was for a piece
of property that was granted a variance in May of 2009. A variance was requested and approved
by the commission. The new variance request was being made for an 8x10 building on the same
parcel. The possibility of flooding was discussed, and particulars of both the original and new
variance requests.
In response to Roach', Terry stated that the property owner was also pursuing a building
permit and certificate of occupancy from the city.
In response to Stauffer, Terry stated that the property would be used to store mechanical
fluids for a generator and possibly a fuel tank, with Aviation gas, in compliance with State and
Local laws.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Jim Hoeffler approached the podium and stated that the variance was being requested in
addition to Federal Aviation Administration and State of Alaska permits that would be required for
this structure. The structure would be approximately 8 by 10 and used to store a generator and a
fuel tank that would be elevated and meet both state and city requirements.
hi response to Heinrich, Hoeffler stated that this structure would be used to store a back up
generator and support supplies for it.
27
City of Seward, Alaska
November S. 2009
Planning Commission Minutes
Volume 6, PaQe
Mr. Hoefller described a combination of solar and generator provided power on the
property.
Motion (Morgan/Stauffer)
Approve Resolution 2009-24
Roach' explained that she supported the variance because it was a good example for the
community that the applicant was using alternative energy.
Motion Passed Unanimous
Unfinished Business- None
New Business
Scheduling of November 17 2009 Work Session
Terry stated that she had been reviewing the preliminary plat for Two Lakes Park and
was excited to bring the topic to the commission. Commissioner training in November was
causing the cancellation of the November Work Session. She suggested that the Commission
set the Work Session on December 1" immediately preceding the regular meeting at 6:30.
The Commission cancelled the November 17, 2009 Work Session with
Unanimous Consent.
Motion (Heinrich/Morgan) Set the Work Session on December V
immediately preceding the regular meeting
at 6:30.
Informational Items and Reports (No action required) — None
Commission Comments —
Stauffer commented that she would not be able to attend the December 1 meeting or the
January meeting. She stated that she was very excited to see the Two Lakes project moving
forward as it was a favorite of hers.
Hienrich stated that he was pleased with the progress on the Library/Museum Project, and
suggested that the Airport should be built up with any extra gravel in town.
McClure complimented the Historical Society for their well attended Founders Day
celebration.
City of Seward,, Alaska
November S, 2009
Planning Commission Minutes
Volume 6, Page
Morgan expressed her frustration with the minutes not being current.
Roach' expressed her thanks to Commissioners for their welcoming attitude toward
business owners who bring items to the commission. She also congratulated Heinrich on being
elected Vice -Chair. Roach' thanked Community Development for their work on the Two Lakes
Park Project.
Citizens' Comments —None
Commissions and Administration Response to Citizens' Comments —None
Terry encouraged Commissioners to visit the new Seward 'Mountain Haven Long term care
facility.
Adjournment
Meeting adjourned at 8:12 p.m.
Suzi Towsley
Executive Liaison
(City Seal)
Sandie Roach'
Chair
29
MEMORANDUM
City of Seward
Community Development
Date: December 1, 2009
To: Planning and Zoning Commission
Through: Community Development Director Christy Terry
From: Associate Planner, Donna Glenz
Subject: Rescheduled (December 1, 2009) Quarterly Work Session with the P&Z
Commission and Seward Bear Creek Flood Service Area Board
At the November 5, 2009 Planning and Zoning meeting Staff requested the Commission
postpone the regularly scheduled December I" quarterly work session with the Seward
Bear Creek Flood Board in order to hold a work session on the Two Lakes Park replat.
The Commission, by motion postponed the Flood Board work session and requested Staff
re -schedule to January 4, 2010.
Staff has worked with the Seward Bear Creek Flood Board to reschedule the quarterly
work session to Monday, January 4, 2010 before the regular Flood Board meeting. The
Work Session has been confirmed with the Flood Board and has been scheduled to take
place at the Flood Board office at Seaview Plaza from 6:00 to 7:00 pm.
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.
RECOMMENDATION:
Commission attend the joint Flood Board / Planning and Zoning Work Session scheduled
for Monday, January 4, 2010 at the Flood Board Office in Seaview Plaza from 6:00 to
7:00 pm.
As a reminder the regularly scheduled January 2010 Planning and Zoning
meeting is scheduled for Tuesday, January 5, 2010.
30
Anchor Point a Cooper Landing * Cmj,171 Point • Fritz Creek
Halibut Cove •Homer • Kachemak Bav • Kachemak City
Kachemak Selo • Moose Pass • Nama-alck • Port Graliam
Rwdolna • Sew<lyd • Sel(1oiia • Vorzlesenka
1111 f rill ): Se ssioll:
345 W. Sterling Hwy State Capitol Building
Suite 102B Juneau, Ak 99801-1182
Homer, Ak 99603 Ph: 465-2689 Fx:465-3472
Ph: 235-2921 Fx: 235-4008 1-800-665-2689
Rep.Paul.Seaton@legis.state.ak.us
11
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