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Home My WebLink About04052011 Planning & Zoning Minutes City of Seward, Alaska Planning Commission Minutes April 5, 2011 Volume 6, Page 4 2 9 Call to Order The April 5, 2011 Regular 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 Tena Morgan Dale Butts Steven Heinrich Scott Seabury Cindy Ecklund One vacant seat comprising a quorum of the Commission; and ii.. Michelle Weston, Assistant City Manager Donna Glenz, City Planner City Administration Report City Planner Donna Glenz updated the Commission on the following business items: • Glenz welcomed Commissioner Cindy Ecklund, who was recently approved for another term on the Commission. • Glenz said she had contacted the Parks and Recreation Department and the department had not been able to update its master plan due to time issues. • Work had begun on the Forest Acres levee project. The levee extension was to be completed during the summer of 2011. • She reminded the Commission that a special meeting was scheduled for April 12, 2011. • Glenz reminded the Commission that the Kenai Peninsula Borough Assembly meeting was scheduled for April 19, 2011 in Seward. • She noted two Commissioner code books needed to be updated. • Assistant City Manager Michelle Weston advised that Seward was competing for Ultimate Fishing Town USA status with the WFN World Fishing Network. �"' Other Reports, Announcements & Presentations — None City of Seward, Alaska Planning Commission Minutes April 5, 2011 Volume 6, Page 4 3 0 Citizens' Comments on any subject except those items scheduled for Public Hearing - None Approval of Agenda and Consent Agenda Motion (Ecklund /Heinrich) Approve the Agenda and the Consent Agenda Motion Passed Unanimous Consent The following items were approved on the Consent Agenda: March 1, 2011 Special Meeting Minutes Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing Resolution 2011 -04 of the Planning and Zoning Commission recommending City Council and Kenai Peninsula Borough approval of the Waterfront Park Preliminary Replat which establishes the outer boundaries of the Waterfront Park, includes the vacation of all interior undeveloped rights -of -way, easements and interior platted lot lines; dedicates additional rights -of -way and easements; located predominately within the Park Zoning District Glenz explained the proposed Waterfront Park replat had been on the Planning & Zoning and City Council priority lists for several years. Cline and Associates was contracted to provide the proposed plat of City -owned lands. The plat established the waterfront boundary, vacated interior lot lines and extended the rights -of -way for existing roads that lead to the waterfront. Glenz also pointed out the zoning designation of the areas included within Waterfront Park repat. The Waterfront Park area was a safety zone and run -up area for tsunamis, which is one reason the land is largely free of structures, Glenz stated. The replat was supported by the Land Use Plan, City Strategic Plan and the All Hazard Mitigation Plan. Roach' asked if the camper - parking parcel near the South Harbor Uplands would be rezoned to Park. Glenz stated once the replat was completed and the area included within the Waterfront Park boundary, staff planned to bring a rezone forward to include that small area in the Park Zoning District. Commissioners further discussed the proposed Waterfront Park replat, parking and access via rights -of -way. Commissioner Ecklund requested a ruling from the Chair to abstain from voting. She eri stated the Borough attorney had ruled that Commissioners were not able to vote on a proposed City of Seward, Alaska Planning Commission Minutes April 5, 2011 Volume 6, Page 4 31 replat at the municipal level if they intended to vote at the Kenai Peninsula Borough Planning Commission level. Following discussion, the Chair ruled that Ecklund recuse herself from voting on Resolution 2011 -04. Ecklund removed herself from the dais until voting was completed. Butts asked staff if the rights -of -way access took away any of the usable land for campers in the Waterfront Park. Glenz said no changes were planned to occur to the current camping areas, because the access roads were already in place. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No members of the public signed in to speak. City Parks & Recreation Department Director Karin Sturdy asked to speak and thanked Commissioners and City staff for the work that was done to replat Waterfront Park. Sturdy said her staff was very pleased with the quality and detail provided in the plat. There were no additional requests to be heard and the public hearing was closed. lam Motion (Morgan/Butts) Approve Resolution 2011 -04 Motion Passed Unanimous Unfinished Business — None New Business -- Resolution 2011 -05 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending the Kenai Peninsula Borough approval of the interior lot line vacation of Lot 7 and 8, Block 14, Federal Addition Glenz explained the Kang Replat was prepared and submitted by Integrity Surveys of Soldotna. The property owner wished to vacate the interior lot line to accommodate the planned expansion of a garage. Commissioner Ecklund requested a ruling from the Chair to abstain her vote. She stated the Borough attorney had ruled that Commissioners were not able to vote on a proposed replat at the municipal level if they intended to vote at the Kenai Peninsula Borough Planning Commission level. The Chair rulled that Ecklund recuse herself from voting on Resolution 2011 -05. Ecklund removed herself from the dais until voting was completed. City of Seward, Alaska Planning Commission Minutes April 5, 2011 Volume 6, Page 4 32 Commissioner Heinrich asked property owner Soo Kang if she understood the utility yogi request made by the City of Seward that utility easements be maintained along the alley to the east of her property. Kang indicated she did understand and accepted the condition. Motion (Seabury/Morgan) Approve Resolution 2011 -05 Butts stated that Kang had done a good job of maintaining the appearance of her property and Bed and Breakfast operation. Motion Passed Unanimous Informational Items and Reports (No action required) April 12, 2011 Special Meeting Reminder Commissioners discussed whether to hold a work session immediately prior to the April 12 Special Meeting. Commissioners agreed to hold the work session with the developer at 6 p.m. Yearly Planning & Zoning Meeting Schedule Commissioners requested a housekeeping correction to the meeting schedule, changing a March 29, 2011 application cutoff date for the April 12, 2011 Planning & sij Zoning Commission special meeting to March 22, 2011. Commissioners also requested that the calendar printed on the back cover of the packet be corrected to indicate a Planning & Zoning Commission regular meeting date of May 3, 2011, not May 5, 2011. April 19, 2011 Kenai Peninsula Borough Assembly Meeting Reminder April 26, 2011 Planning & Zoning Work Session Reminder Commissioners requested that the City Clerk's calendar on the back cover of the agenda packet be corrected to list a 6:30 p.m. work session on April 26, 2011. Commission Comments Morgan thanked City staff for the effort in preparing for the meeting. Butts observed some zoning compliance issues around the city, he said. Butts suggested the Commission consider making it a priority to add a compliance officer or seek funding for enforcement. The Commission should consider taking the concern to City Council, Butts said. Ecklund said she was pleased to be back on the Commission after a month -long leave. Roach' thanked City Administration for the efforts to prepare the documents for the meeting. City of Seward, Alaska Planning Commission Minutes April 5, 2011 Volume 6, Page 4 3 3 LIMP Citizens' Comments Nick Cline of Cline and Associates asked why a Planning & Zoning Commissioner would not be able to vote with a local commission and then again when a specific plat came before the Kenai Peninsula Borough Planning Commission. Glenz said the City Attorney had reviewed the issue in the past and it appeared the Kenai Peninsula Borough could prevent local Commissioners from voting on an issue a second time at the borough level. Cline said Commissioner Ecklund, in his opinion, should have been able to vote at the City level and again at the Kenai Peninsula Borough level. The Kenai Peninsula Borough was denying Seward representation on issues that affect Seward, Cline said. Cline encouraged the City to gain another legal opinion on the matter. Commissions and Administration Response to Citizens' Comments Ecklund stated she had questioned the Kenai Peninsula Borough stance on the voting issue, but the borough attorney was not available during those meetings. Other borough commissioners were in agreement that they should have been able to vote for their local commissions and then again at the borough level, Ecklund stated. Morgan said a request should be made that the Kenai Peninsula Borough provide any policy or code citation that supports the borough's legal stance. Adjournment Meet'. g adjourned . . / ,n G / gy. ��i. y lG� roc- iL�.2� „k D ayne • twood, Sandie Roach' C s munity Development Assistant Chair (City Seal) 0•e sSIIRII1 O • • ;c., 'Ot • • 11 . i• i SEAL ) • • • V" '• • qrE OF�P►;P