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Home My WebLink About04032012 Planning & Zoning PacketSeward Planning & Zoning Commission Regular Meeting Packet April 3, 2012 City Council Chambers Beginning at 7:00 p.m. Seward Planning & Zoning Commission Sandie Roach' Chair Term Expires 02113 Vacant Commissioner Term Expires 02114 Tena Morgan Commissioner Term Expires 02113 Vacant Commissioner Term Expires 02112 Cindy Ecklund Vice Chair Term Expires 02114 Dale Butts Commissioner Term Expires 02113 Vacant Commissioner Term Expires 02112 Jim Hunt City Manager Ron Long Assistant City Manager Donna Glenz Planner Dwayne Atwood Planning Technician ular Mee 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 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.] 7. Special Items 8. Planning and Zoning Commission April 3, 2012 A. Election of Chair and Vice -Chair .........................Page 4 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 Meeting Agenda B. New Business Items requiring a Public Hearing Resolution 2012-01, of the Planning and Zoning Commission of the City of Seward, Alaska, recommending Kenai Peninsula Borough approval of the preliminary replat of Lots 15-19, Block 8, Original Townsite of Seward, Johnson Replat, creating one lot to be known as Lot 15A, located at the northwest intersection of Railway Avenue and Sixth .Avenue, 510 Railway Avenue.......................................................................Page 5 2. Resolution 2012-02, of the Seward Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council approval of the rezoning of Lots 15 and 16, Block 8, Original Townsite of Seward from Auto Commercial (AC) to Central Business District (CBD), and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family (R3) to Central Business District(CBD).................................................................Page 10 Resolution 2012-03 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council approve the official naming of the newly constructed north forest acres drive surface, as Dieckgraeff Road; located within the public access easement on Tract B, Dieckgraeff-Gillespie Replat; located at 2501 Seward Highway................Page 20 4. Resolution 2012-04 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council amend portions of Seward City Code 15.10.140 Definitions ....................................................Page 35 Resolution 2012- 05 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending the City Council amend various sections of the Seward City Code to include portions of 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed; and l 5.10.225 Land Uses Allowed Table ..........................................................Page 57 9. Unfinished Business — None 10. New Business — A. Resolution 2012-06 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, amending the December 16, 2008 Rules Of Procedure For ThePlanning and Zoning Commission....................................................................Page 72 B. Discussion and direction on the April 17'h work session .........................................Page 80 * C. December 6, 2011 Regular Meeting Minutes ..........................................................Page 81 11. Informational Items and Reports (No action required) - A. FEMA Region X January, February and March 2012 Newsletters ..........................Page 85 B. Seward Highway Bridge Repair Notice...................................................................Page 96 Planning and Zoning Commission Meeting Agenda April 3, 2012 C. 2012 Planning and Zoning Meeting / Work Session Schedule................................Page 97 D. Kenai Peninsula Borough Assembly Meeting Reminder Memo ............................Page 98 E. City Clerk Email Regarding Open Meetings Act Clarifications .............................Page 99 12. Commission Comments 13. Citizens' Comments [Limit to S minutes per individual — Each individual has one opportunity to speak] 14. Commissions and Administration Response to Citizens' Comments 15. Adjournment Planning and Zoning Commission Meeting Agenda April3, 2012 P&Z Agenda Statement Meeting Date: April 3, 2012 Through: Donna Glenz, Planner From: Dwayne Atwood, Planning Technician Agenda Item: Election of Chair & Vice Chair BACKGROUND & JUSTIFICATION: Each year the Planning and Zoning Commission must elect a chair and vice chair for the coming year. The duties of the Chair are to: 1. Open the meeting on time and call the meeting to order; 2. Announce in proper sequence the business on the agenda; 3. Recognize members who are entitled to the floor; 4. State and put to a vote all legitimate motions that arise during the meeting: 5. Do not permit debate until there is a motion on the floor; 6. Protect the Commission from frivolous or delaying motions by refusing to recognize them; 7. Enforce the rules regarding debate and keep order; 8. Expedite business in a way compatible with the rights of the members; 9. Decide all questions of order; 10. Respond to all inquiries of members; 11. Ensure that citizens address all remarks to the Commission; and 12. Declare the meeting adjourned. The process for election of the chair and vice chair is as follows: The current chair shall open nominations. Any Commissioner can nominate another commissioner as chair. If only one nomination is received, a motion shall be made to close nominations and cast a unanimous ballot for the chosen person. That motion will need a second and can be approved by unanimous consent. (No role call vote is necessary). • If more than one nomination is received, the clerk will prepare ballots for each Commissioner to vote for one nominee and sign his ballot. The clerk will then collect the ballots, read the votes aloud, and announce the prevailing nominee. A motion is then in order for someone to elect the nominee as chair. A second is needed and the motion can be approved by unanimous consent of the commission. (The above procedures should also be used to elect a vice chair) Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-01 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPLAT OF LOTS 15-19, BLOCK 8, ORIGINAL TOWNSITE OF SEWARD, JOHNSON REPLAT, CREATING ONE LOT TO BE KNOWN AS LOT 15A, LOCATED AT THE NORTHWEST INTERSECTION OF RAILWAY AVENUE AND SIXTH AVENUE, 510 RAILWAY AVENUE 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 combines five (5) existing lots -- Lots 15 through 19, Block 8, Original Townsite of Seward -- into one (1) new lot; and WHEREAS, the one (1) lot to be known as Lot 15A will consist of 12,266 square feet; and WHEREAS, the property is zoned Central Business District and Auto Commercial; and WHEREAS, the property owner has applied for a rezone to designate all of proposed Lot 15A as Central Business District; and WHEREAS, the property is currently serviced by municipal water, sewer, electric and other utilities; and WHEREAS, City staff have stated that a subdivision installation agreement is not required for this replat; 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 and the property was posted with public notice signs. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Seward Planning and Zoning Commission Resolution No. 2012-01 Page 2 of 2 Section 1. The Commission recommends the Kenai Peninsula Borough approve the Seward Original Townsite, Johnson Replat combining Lots 15 through 19, Block 8, into one (1) new lot to be known as Lot 15A, of approximately 12,266 square feet. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of April, 2012. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) P&Z Agenda Statement Meeting Date: April 3, 2012 Ron Long, Assistant Ci Manager Through: Donna Glenz, Planner From: Dwayne Atwood, Planning Technician Agenda Item: Preliminary Plat Review of Lots 15 through 19, Block 8, Original Townsite of Seward, Johnson Replat BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat. This replat will combine five (5) originally platted lots -- Lots 15 through 19, Block 8, Original Townsite of Seward -- into one lot to be known as Lot 15A, containing 12,266 square feet. In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. As you may recall, the property owner pursued a platting action in November 2011 to configure Lots 15 through 19 into two (2) parcels. The developer has reconsidered that action and would now like to create one lot, the proposed Lot 15A. Subdivision Review: Zoning: The lots are currently zoned Central Business -- which is consistent with the Land Use Plan -- and Auto Commercial. SCC 15.05.025 (b) (9) Central business district (CBD). Provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. SCC 15.05.025 (b) (8) Auto commercial district (AC). Intended to provide areas to accommodate highway -oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. The property owner is seeking to rezone the Auto Commercial lots within proposed Lot 15A to Central Business District. 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 several fire hydrants within an approved distance. Size: The new lot will contain 12,266 square feet. The new lot will meet the requirement for minimum lot width and buildable lot size for the Central Business zoning district. Existing Use. Currently the south portion of the parcel includes a residential structure. The current owner of the land has stated the property will be used for commercial purposes in the future. The northern portion of the lot to be known as Lot 15A contains a 576 square foot detached commercial garage. The existing garage meets all current setback requirements, as shown in the as -built survey. The nearby beachfront property to the south includes parking for the Alaska SeaLife Center, and the property across the alley to the west includes a mid -size hotel. The lots to the east across Sixth Avenue include an income -adjusted apartment complex. The parcels to the north are largely residential, with the City -planned community library museum at the northernmost end of the block. Flood Zone: The property is not within a FEMA mapped Flood Hazard Zone. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2020) 2. Strategic Plan (1999) 3. Seward City Code X M As required by the City code, neighboring property owners within 300 feet of the property subject to preliminary plat review were notified of the proposed platting action, and the property was posted with a public notice sign. No public comment was received. RECOMMENDATION: Commission approve Resolution 2012-01 recommending Kenai Peninsula Borough approval of Lots 15 through 19, Block 8, Original Townsite of Seward, Johnson Replat. 4 1 �3 R N8915T55"W 995_ .9 I WASTEWATER DISPOSAL _ T-JT 29A (EnsT noa') 40,00' (40.) Plans far wastewater disposal that meet regulatory I Irn I0 oi requirements are oa hIe at the Department of Environmental Conservation T11�TZ �j L'� Resurrection Boy R. i„ Nl� DWI ill�i, �Wi 11 WI — _ _ TI�� 10 BLOCK 8 H oo, P 11 `I o 9 u tt F, O� III rn IS o BLOCK 7 - Survey I w 25A _ T 1 S R 1 W, S.M., AK. 77 8 I� e rr- NCINITY MAP 1 "-2000' i a CERTIF7CATE OF OWNERSHIP AND DEDICATION i W Z We hereby certify that we ore the owners of the real property 28 13 I O I j'>7 shown and described hereon andethat we hereby adopt this plan W Q of subdivision, and grant all eos ments by our /ee Consent. z o O 14 z 27 I. _ _ _ N89'S6'71'W /00.05' yy RESURRECTION ROCK TRUST Aaron Patrick Johnson, Trustee (EnST IW') I P.O. Box 3041 I Seward, AK 99664 26 LOT 15A NOTARYS ACKNOWLEDGEMENT 11,2E6 SF. / SUBSCRIBED AND SWORN TO BEFORE ME THIS it' UTILITY m m �-- / / 9 P� DAY OF ,20 EASEMENT NOTARY FOR ALASKA MY COMMISSION EXPIRES _ BLOCK 8 I I 21A 40.00' = j / 2 11' UTILITY o� EASEMENT E 5Z• p3 a. E T3 06 N63g5 C D3 / 61, /4 PLAT APPROVAL L o o QE / This plot was approved by the K— Peninsula Borough Planning _ _ _ _� — �F / / Commission in occordance with Section 20. 04. 070 Kenai Peninsula 54 PSI Borough Subdivision Regulations, Date SEWARD ORIGINAL TOWNSITE JOHNSON REPLAT / LEGEND A RESUBDIVISION OF. Found Monument Borough Offic;al LOTS 15-19, BLOCK 8 j / / ® Found Rebor &w. cap Ls 7s69 SURVEYOR 'S CER7IF7CAIE EWARD SORIGINAL TOWNSl TE Fauna Rebor & At, Cap L5 3333 PLAT N0. 1, SEWARD RECORDING DISTRICT ! hereby certify that; I am properly registered and licensed LOCATED WITHIN THE SW 1/4 of SECTION 10 / Found 5/8" Rebor to practice land surveying in the Stote of Alaska, this plat TOWNSHIP I SOUTH RANGE 1 WEST / Set 5/8x30" Rebor & 0 represents a survey made by me or under my direct supern'sion, SEWARD MERIDIAN, ALASKA / Plastic Cap. LS 7569 the monuments shown hereon actually exist as described, and CITY OF SEWARD / Record Dato Seward Town Site, ail dimens,ons and other details are correct to the normal standards of practice of land surveyors in the State of Alaska EWAR SEWARD D RECORDING DISTRICT NOTES Plat No. 1, Seward Rec. Distract 100.04' Measured this survey . yr �h� • E A( KENAIPENINSULA BOROUGH CONTAINING 0.282 ACRES 7 This parcel is subject to the City of Se word's zonih9 and land use rega,at;ans. Lot Line Vacated by this Plat Date=rr�P;•••"' CLINE AND ASSOCIATES 2 No permanent structure may be constructed or placed Existing Structures T aem `':� .....;................__......_............I LAND SURVEYORS within o utility easement which would interfere with i • 476 4th AVENUE PO BOX 2703 SEWARD, AK 99664 the ability of a Utiilty to use the easement. The i"PY"""""""""""""""'"'. hh" 0� �':wm. r�;cnaoe ane;"p 2 (907) 224-7324 FAX (907) 224-60B8 existing structure in the easement shown hereon is perm o Permitted structure. Any modification or additions sr :. s5-7569 o+„ ;: DATE 12 09 2011 SCALE i" = 30' to this stucture must be approved by Seward area utilityarimpanaes. •' "'••��r DRAINNr WNC F.D. BK.: 17-3 DRAWING NO.: 77-28PP2 K.P.B. FILE ,Y2017- Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-02 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL. APPROVAL OF THE REZONING OF LOTS 15 AND 16, BLOCK 8, ORIGINAL TOWNSITE OF SEWARD FROM AUTO COMMERCIAL (AC) TO CENTRAL BUSINESS DISTRICT (CBD); AND LOTS 26, 27 AND 28, BLOCK 8, ORIGINAL TOWNSITE, FROM MULTI FAMILY (R3) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, Applicant Aaron Johnson has submitted an application and the filing fee, requesting Lots 15, and 16, Block 8, Original Townsite of Seward, be rezoned from Auto Commercial (AC) to Central Business District (CBD); and WHEREAS, the National Park Service has agreed to participate in the rezone by including Lots 26, 27 and 28, Block 8, Original Townsite of Seward, to be rezoned from Multi Family Residential (R3) to Central Business District (CBD); and WHEREAS, the current Land Use Plan map designation recommends all of Block 8 be rezoned to Central Business District (CBD); and WHEREAS, all of the lots to be included are each originally platted lots 30 X 100 feet, totaling approximately 15,000 square feet; and WHEREAS, the Seward City Code (SCC) §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the parcels are contiguous to the requested zoning district and is recommended by the Land Use Plan Map; and WHEREAS, a goal of the Seward Comprehensive Plan is to, "Maintain Seward's Land Use Plan as the primary local tool to ensure quality community land use arrangements, growth, and development," and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on March 6, 2012. Seward Planning and Zoning Resolution 2012-02 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed Zoning change of Lots 15 and 16, Block 8, Original Townsite of Seward, Auto Commercial (AC) to Central Business District (CBD), and recommends the attached Ordinance 2012-XX be forwarded to City Council for approval. Section 2.; The Seward Planning and Zoning Commission supports the proposed Zoning change of Lots 26, 27 and 28, Block 8, Original Townsite from Multi Family (R3) to Central Business District (CBD), and recommends the attached Ordinance 2012-XX be forwarded to City Council for approval. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this P day of April 2012. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Sponsored by: Planning & Zoning Introduction: Public Hearing: Enactment: CITY OF SEWARD, ALASKA ORDINANCE 2012-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REZONING LOTS 15 AND 16, BLOCK 8, ORIGINAL TOWNSITE OF SEWARD FROM AUTO COMMERCIAL (AC) TO CENTRAL BUSINESS DISTRICT (CBD); AND LOTS 26, 27 AND 28, BLOCK 8, ORIGINAL TOWNSITE, FROM MULTI FAMILY (R3) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, Applicant Aaron Johnson has submitted an application and the filing fee, requesting Lots 15, and 16, Block 8, Original Townsite of Seward, be rezoned from Auto Commercial (AC) to Central Business District (CBD); and WHEREAS, the National Park Service has agreed to participate in the rezone by including Lots 26,27 and 28, Block 8, Original Townsite of Seward, to rezone from Multi Family Residential (R3) to Central Business District (CBD); and WHEREAS, the current Land Use Plan Map designation recommends all of Block 8 be zoned Central Business District (CBD); and WHEREAS, all of the lots to be included are each originally platted lots 30 X 100 feet, totaling approximately 15,000 square feet; and WHEREAS, the Seward City Code (SCC) §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the parcels are contiguous to the requested zoning district and is recommended by the Land Use Plan Map; and WHEREAS, a goal of the Seward Comprehensive Plan is to, "Maintain Seward's Land Use Plan as the primary local tool to ensure quality community land use arrangements, growth, and development;"and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on February 7, 2012. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: CITY OF SEWARD, ALASKA ORDINANCE 2012-XX Section 1. The official City of Seward Zoning Map is hereby amended by changing the zoning designation of Lots 15 and 16, Block 8, Original Townsite of Seward from Auto Commercial (AC) to Central Business District (CBD). Section 2. The official City of Seward Zoning Map is hereby amended by changing the zoning designation of Lots 26, 27 and 28, Block 8, Original Townsite from Multi Family (R3) to Central Business District (CBD). Section 3. This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this DATE day of MONTH, rt:r4 3 THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) P&Z Agenda Statement Meeting Date: April 3, 2012 Through: From: Ron Long, Assistant City Manager Donna Glenz, Planner 1*11Y Dwayne Atwood Planning Technician Y � g Agenda Item: Amending the City of Seward Zoning Map by rezoning Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD) BACKGROUND & JUSTIFICATION: Attached for the Commission's review is Resolution 2012-02 recommending City Council approval of the attached Ordinance 2012-XX, amending the City of Seward Zoning Map by rezoning Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD) The applicants are requesting this rezone in order to provide land suitable for future commercial uses allowed within the Central Business District and to bring the lots into compliance with the current Land Use Plan approved in the 2020 Comprehensive Plan. The two properties are separated by an alley and occupy the southern portion of Block 8. The lots nearby are also Central Business and include a mid -size hotel at Fifth Avenue and Railway and an income -adjusted apartment complex at Sixth Avenue and Railway. (See attached zoning map.) One remaining parcel on Block 8 will continue to be zoned Auto Commercial (AC) and will not be included in this rezone. The property owner has declined to participate. (See correspondence in packet.) All of the lots being considered for the rezone are approximately 30 feet by 100 feet, totaling approximately 15,000 square feet, which is less than one acre. However the requested rezone meets the Seward City Code by bringing these parcels into compliance with the current Land Use Plan Map SCC 15.01.035, Amendments, (b) (3) states "Except for an ordinance altering the boundaries of existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the city shall be considered if the area encompassed by the proposed ordinance contains less than one acre, not including street or alley right-of- ways. " The parcels being considered for the requested zoning change are also contiguous to Central Business District (CBD) lots. SCC 15.05.025. Land use districts --Established, definitions a) Established. The city is hereby divided into land use districts which shall be bounded and defined as shown on the official land use map. This official map, together with all explanatory matter thereon, as exhibited at the time of public hearing, is hereby adopted by reference and declared to be a part of this chapter. The requested zoning change is to Central Business District (CBD) defined in SCC 15.05.025 (b.) "Definitions --Purpose (9) Central business district (CBD) Provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. " CONSISTENCY CHECKLIST YES NO N/A Comprehensive Plan (2020) X "We value orderly growth and balanced development that is driven by community consensus in conformance with the land use plan." (page 14) 2. Land Use Plan (2006) X The Land Use Plan supports this rezone. 3. Strategic Plan (1999) X "Work towards bringing the Zoning Map into conformance with the Land Use Plan (page 11) As required by the City Code, neighboring property owners within 300 feet of the area subject to review were notified of the proposed rezone. At the time of this review, no public inquiry had been received by staff. RECOMMENDATION: Commission approve Resolution 2012-02, recommending City Council approval of the attached Ordinance 2012-XX, rezoning Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD) , Central Business District W Q H IUL FJL Lots 26, 27 & 28 R3 to CBD ppppppp, Central Business District Auto Commercial Central Business District Central Business Central Business District District PJ� REZONE Lots 15 & 16, Blk 8 �A & Lots 26, 27 & 28, Blk 8 OTS N 0 50 100 Feet Mapping assistance I i I by Alaska Map Co. Lots 15 & 16 AC to CBD P & Z Resolution 2012-02 Public Hearing 4/3/2012 Lots 15&16--ACtoCBD Lots 26, 27 & 28 — R3 to CBD Dwayne Atwood From: Greg and Arlene Carpenter <gregorcarp@gmail.com> Sent: Friday, January 06, 2012 3:14 AM To: Dwayne Atwood Subject: Re: Auto Commercial Zoned Parcel, 219 Sixth Avenue Hello, We would prefer that our parcel be excluded from being rezoned at this time. Thank you, Greg and Arlene Carpenter On 1/4/2012 6:11 PM, Dwayne Atwood wrote: Hello Greg and Arlene, I just wanted to let you know that the Planning & Zoning Commission will soon review a rezone application for a parcel near your property at 219 Sixth Avenue. The request is being made to change the zoning designation for a parcel south of yours from Auto Commercial to Central Business. Your lot could also be rezoned from Auto Commercial to Central Business, if you wish. Please respond in writing (a response to this email would be fine) and I will work with the City Planner to prepare an additional rezone request / application at no charge. Changing the zoning designation to Central Business is consistent with the City's Land Use Plan. We are working to bring the entire block into compliance and would like to include your lot. Please let me know if you would like to participate, or if you would like your parcel to be excluded. Thank you, Dwayne Atwood, Planning Technician, CFM City of Seward P.O. Box 167 Seward, Alaska 99664 907-224-4049 fax 907-224-4085 NOTE: This message was trained as non-spam. If this is wrong, please correct the training as soon as possible. Spam Not spam Forget previous vote Dwayne Atwood From: Jeff_Mow@nps.gov Sent: Thursday, January 05, 2012 9:18 AM To: Dwayne Atwood Cc: Donna Glenz Subject: Re: Proposed rezone of NPS Parcel at 212 Fifth Avenue Dwayne That sounds fine. JeffMow -------------------------- Sent from my B1ackBerry Wireless Handheld From: Dwayne Atwood [datwood@cityofseward.net] Sent: 01/04/2012 04:59 PM YST To: Jeff Mow Cc: Donna Glenz <dgIenz@cityofseward.net> Subject: Proposed rezone of NPS Parcel at 212 Fifth Avenue Hello Jeff, A property owner near the NPS parcel at 212 Fifth Avenue is seeking a zoning designation change from Auto Commercial to Central Business. This presents an opportunity to also rezone the parcel at 212 Fifth Avenue to Central Business. (The NPS parcel, which includes the former Mai Family home, is currently zoned Multi Family Residential.) We are working to bring the entire block into compliance with the City Land Use Plan with the proposed rezone actions. There is no cost involved. I will work with the City Planner to prepare the rezone request / application. If you could just respond to this email confirming what we discussed, I will get started. I appreciate your help. Thank you, Dwayne Atwood, Planning Technician, CFM City of Seward P.O. Box 167 Seward, Alaska 99664 907-224-4049 fax 907-224-4085 tam Not spam Forget previous vote Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-03 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE THE OFFICIAL NAMING OF THE NEWLY CONSTRUCTED NORTH FOREST ACRES DRIVE SURFACE, AS DIECKGRAEFF ROAD; LOCATED WITHIN THE PUBLIC ACCESS EASEMENT ON TRACT B, DIECKGRAEFF-GILLESPIE REPLAT; LOCATED AT 2501 SEWARD HIGHWAY WHEREAS, the North Forest Acres Levee project was constructed with a two (2) lane drive surface on top to accommodate and help reduce neighborhood traffic to and from the Seward Transfer Facility and other commercial facilities; and WHEREAS, on August 8, 2011 the City held the dedication and opening ceremonies for the newly constructed North Forest Acres Levee drive surface; and WHEREAS, on November 15, 2011 the Planning and Zoning Commission amended Resolution 2011-12, recommending the name Dieckgraeff Road, which was a substantial change to the originally staff presented and advertised resolution with the name recommendation of Levee Road; and WHEREAS, on January 9, 2012 the City Council referred the recommendation back to the Planning and Zoning Commission to review the substantial change for compliance and hold a formal Public Hearing on the recommendation of Dieckgraeff Road; and WHEREAS, City Council Resolution 85-10 established a Street -Naming and Numbering System to provide a standard approach to the naming and numbering of streets within the City Limits of Seward; and WHEREAS, the Dieckgraeff Road recommendation meets a small portion of the Resolution 85-10 Street Naming System; it does not meet recommendation 2. (a) (1); and WHEREAS, the official naming of any drive surface within the City Limits must be designated by a platting action or a Resolution of the City Council; and WHEREAS, having complied with the public notification process, on April 3, 2012, the Seward Planning and Zoning Commission held the requested public hearing on the recommendation Seward Planning and Zoning Commission Resolution 2011-12 Page 2 of 2 of naming the North Forest Acres Levee drive surface, Dieckgraeff Road. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends the City Council approve the official naming of the North Forest Acres Levee drive surface as Dieckgraeff Road. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3`d day of April 2012. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: Three ATTEST: Johanna Kinney, CMC City Clerk (City Seal) P&Z Agenda Statement Meeting Date: April 3, 2012 , Through: Ron Long, Assistant City Manager/ Community Development Director From: Donna Glenz, Planner AVY Agenda Item: Resolution 2012-03 recommending City Council officially name the North Forest Acres Levee drive surface Dieckgraeff Road BACKGROUND & JUSTIFICATION: After many years of continued work, the North Forest Acres Levee project was designed and constructed with a 24 foot drive surface and 4 foot wide shoulders from Dimond Boulevard to the Seward Highway. On August 8, 2011 the City held the ribbon cutting ceremonies and opened the new "Levee Road" connecting the Seward Highway to Dimond Boulevard and directing heavy traffic away from the North Forest Acres Subdivision. Following the opening of the North Forest Acres Levee drive surface the road was posted with the commonly known name of "Levee Road" for identification purposes. In order to add a new road name to the Kenai Peninsula Borough (KPB) E911 Master Street Addressing Guide (MSAG), the new road must be officially named by Council resolution or accepted through a platting action. Therefore the commonly known name of "Levee Road" was advertised and brought forward as the recommendation to the Commission at the November 15, 2011 meeting in Resolution 2011-12. The Commission amended Resolution 2011-12, changing the recommendation to "Dieckgraeff Road." The recommendation was then forwarded to Council on January 9, 2012 in City Council Resolution 2012-003. Several Council members were contacted by members of the public with concerns regarding the naming process and the substantial change from the "Levee Road" recommendation to the "Dieckgraeff Road" recommendation made at the Planning and Zoning level. Following a Council discussion Resolution 2012-003 was referred back to the Planning and Zoning Commission to conduct a public hearing and reevaluate the substantial change recommendation to Dieckgraeff Road. Concerns were voiced that the public did not have an opportunity to speak to the substantial change when the commonly known name of Levee Road was amended to Dieckgraeff Road; that the substantial change perhaps did not meet the provisions of City Council Resolution 85-10 and the Kenai Peninsula Borough E911 Addressing Officer did not support the Dieckgraeff Road recommendation. City Council Resolution 85-10 established a Street -Naming and Numbering System to provide a standard approach to the naming and numbering of streets within the City Limits of Seward. Since the established procedure several roads and/or streets have been officially named by the Council. The Dieckgraeff Road name does not meet several provisions of Resolution 85-10. Those provisions are "Names should be easy to read (so that the public and children in particular, Seward Planning and Zoning Commission Agenda Statement — Resolution 2012-03 Page 2 of 2 can handle the name in an emergency situation). And "Avoid names which are frivolous, complicated, or undesirable; names which include unconventional spelling and compound words." With the establishment of the enhanced 911 system, the KPB also established criteria for road and/or street naming. While Dieckgraeff Road meets the basic Borough criteria the E911 Addressing Officer does not support the name due to complicated spelling and pronunciation, especially in an emergency situation. (Please see the included formal letter) While the name "Levee Road" has been used for the drive surface constructed on the top of the North Forest Acres Levee since the inspection of the project it cannot be added into the E911 system until Council provides an official naming resolution. This road runs from the Seward Highway west to the intersection of Dimond Boulevard. Dimond Boulevard then continues on to the Kenai Peninsula Borough Transfer Station and other commercial enterprises. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2020) X _ Public Safety: We value a safe community and a feeling of security. (Volume I, page 14) 3.8.2 Flooding and Floodplain Development (Volume II, page 66) A discussion of building the levee for flood protection and "it will give relief to traffic volume on Dimond Boulevard." 2. Strategic Plan (1999) X Promotes a safe community. At the time of this report, staff has received three (3) public comments which have been included in the packet for your review. The Planning and Zoning Commission discussed the North Forest Acres Levee drive surface naming at the public work session on February 21, 2012. No further public comments were received at the work session. RECOMMENDATION: Options: Fail the Resolution and provide staff further direction on the official name recommendation for the North Forest Acres Levee drive surface. Approve the Resolution, sending the name Dieckgraeff Road recommendation back to Council. CITY OF SEWARD, ALASKA RESOLUTION NO. 85-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING A STREET -NAMING AND NUMBERING SYSTEM WHEREAS, Section 6-8 of the Seward City Code ordains that the City shall assign an address to each lot or building within the City limits; and WHEREAS, the City of Seward is interested in developing a program to provide a standard approach to the naming and numbering of streets; and WHEREAS, the City is desirous that this approach reflect the City's emphasis toward planned growth and development; and WHEREAS, such a system is absolutely essential to the effi- cient operation of health, police and safety services within the commu- nity; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF SEWARD, ALASKA, that: Section 1. There is hereby established a uniform system for street naming and for numbering buildings fronting on all streets within the City of Seward; and, all houses, commercial buildings, and other buildings and structures shall be numbered in accordance with the following provisions: 1. Definitions: "Street" as used herein includes all publicly dedicated rights -of -way, used by vehicular and pedestrian traffic, regardless of its tag name. (i.e. avenue, road, boule- vard, etc.) 1 ` 2. Street Naming: In addition to the Kenai Peninsula Borough Uniform Street Naming System, the following criteria shall be followed: (a) Choice of Names -- Names should be chosen that relate to the scale and location of the project. (1) Names should be pleasant sounding, appropriate, easy to read (so that the public, and children in particular, can handle the name in an emergency situation), and should enhance pride of home ownership. CITY OF SEWARD, ALASKA RESOLUTION NO. A5_10 (2) Categories -- Large developments shall use a single significant category; and small subdi- visions should use the same category as the surrounding or adjacent area (which helps to establish locational identity) to choose street names. (3) Unacceptable Street Names -- Avoid names which are frivolous, complicated, or undesirable names; and those which include unconventional spelling and compound words. (b) Affixes -- Unnecessary affixes are to be avoided. Terms that may be utilized are: "East", "West", "North", and "South", indicated direction. 3. Desianation of Street Numbers: (a) A Plat Book and Property Number Map will be main- tained for the purpose of facilitating a correct numbering system. Said book and map will show the proper numbers for all building lots fronting upon all streets within the City. Said book and map will be kept on file in City Hall by a designee of the City Manager. The book and map will be open to inspection by all interested persons during the office hours of the City of Seward. (b) The Base Lines on the property numbering map origi- nate at the junction of the First Avenue ROW and Railway Avenue. This point will be considered the axis for both North -South and East-West street numbering. (1) All streets running generally North and South shall be numbered from the East-West Base Line consecutively to the corporate limits or the extremity of such street. (2) All streets running generally East and West shall be numbered from the North -South Base Line consecutively to the corporate limits or the extremity of such street. (c) Numbering Intervals, wherever possible, will be assigned as follows: (1) Lots less that 6000 square feet, assign numbers 0 per lot. -2- F2 14.10.040. Street names. A. Official street names shall be established in accordance with the following: I. A new street name shall comply with National Emergency Number Association ("NENA") standards and borough standards, or, if different, whichever standard is stricter. A new or changed street name shall not be a duplicate of any existing name located within the same or any adjacent emergency service zone. A different suffix (street, avenue, etc.) does not constitute a different name. 3. A new right-of-way created by the subdivision process, which is a direct extension or has the same alignment as an existing named right-of-way, shall bear the existing name. 4. No street shall be designated by a letter or number unless such designation is part of a localized development plan. 5. No street shall have a name sounding similar to or identical with any other named street within the same or adjacent emergency service zone. 6. Street names containing a directional connotation such as Northwoods Avenue or Eastwind Street are to be avoided. 7. A directional prefix, i.e. East Fox Avenue, West Fox Avenue, shall only be used as necessary, which determination shall be based upon findings of fact showing the necessity, or caused by the grid addressing system contained in Chapter 14.20. 8. A street name shall be no longer than 17 characters, including the abbreviated suffix. B. The planning commission, after consideration of all factors and public testimony, may allow exceptions to the foregoing upon a finding that the public interest is not harmed and provided that the exception complies with NENA standards. (Ord. No. 2006-05, § 2, 3-14-06; Ord. No. 92-09, § 1(part), 1992) 14.10.050. Renaming streets. A. The planning commission, upon a finding that an existing street name conflicts with or duplicates another existing street name thereby causing confusion as to the exact location of either street, shall officially rename the street(s) in accordance with section 14.10.040. 1. The planning commission shall conduct a public hearing in accordance with section 14.10.055 prior to taldng official actions on any street name change. 2. Due deference will be given to local or historic acceptance of existing street names to the extent possible. Street(s) renamed shall become official upon adoption of a planning commission street naming resolution stating the legal description and revised name and noting such change on the official street name map. Supp. No. 28 14-16 KENAI 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 Donna Glenz Planner City of Seward, Alaska PO Box 167 Seward, AK 99664 Regarding: Street Naming "Levee Rd" Ms. Clenz, CITY OF SEWARD IZ Z o/Z- PLANNING OFFICE MIKE NAVARRE BOROUGH MAYOR Although there is nothing in the KPB Street naming code that would prevent the naming of a street as "Dieckgreaff Rd", the purpose of naming streets is for the protection of life and property in the event of an emergency, therefore street names should be short, simple, and easy for even a child to pronounce and/or spell. I do not even know how to pronounce "Dieckgreaff". I did find one of your own City of Seward Resolutions No 85-10 that has stricter standards that would most likely eliminate the name "Dieckgreaff" as an approved name; Section 1 Number 2(a)(1) states: Names should be pleasant sounding, appropriate, easy to read (so that the public and children in particular, can handle the name in and emergency situation). Section 1 Number 2(a)(3) states: Avoid names which are frivolous, complicated, or undesirable names, and those which include unconventional spelling and compound words. "Dieckgreaff' is not easy to read and is a complicated name with an unconventional spelling as it is most likely a surname which would not be a common word that most people would recognize, especially children. "Levee Rd" is also an approved street name per KPB Street naming code requirements and I am sure would be preferable to emergency responders for the purposes of protection of life and property. Best Regards, Carrie Henson E911 Addressing Officer Kenai Peninsula Borough January 24, 2012 Re: P&Z Resolution 2012-03 Dear Planning and Zoning Commissioners, I oppose the approval of Resolution 2012-03 and the renaming of Levee Road. "Levee Road" has a lot to recommend for keeping it. The road has been unofficially known as Levee Road for a decade or more, all through the long planning and development process of the project. The name reflects the unique purpose of the road that should never be forgotten. The Levee Road signs were ordered and installed in August of 2011 before the ribbon -cutting ceremony, and the name is already known. The Borough approves the name for E911 purposes, and there is no other Levee Road. And most importantly, Levee Road is short, easy to spell, and easy to pronounce in case of emergency. As Councilmember Kiel commented at the January 9 Council meeting, our City Council Resolution 85-10 supports Levee Road. The public and especially children in emergency situations can read it, and is an uncomplicated name with conventional spelling. It is essential to reference and comply with this Resolution when considering possible street names. I contacted Carrie Henson of the Kenai Peninsula Borough who approves the final E911 address numbers for my volunteer PTSA address markers. She noted, "For 911 purposes, it is always better to have a short simple name to speed the process of finding someone in an emergency." Furthermore, she said, "Levee Road would be preferable for the purposes of protection of life and property." Furthermore, "Levee Road" is a better choice that complies with the Consistency Checklist 2020 Comprehensive Plan and 1999 Strategic Plan re: promoting a safe community and feeling of security. These are very serious and common sense reasons to keep the name short and simple. Another consideration is that when one individual is honored, many other outstanding individuals never had the opportunity to be considered. Perhaps the Consistency Checklist could be expanded with additional Street Naming Checklist items to help inform and guide the public and Commission in the future. Compliance with City Resolution 85-10, KPB input on street name suggestions, pre - approval by the Borough 911 system to ensure there are no duplicate names, a completed, open public process, and any other considerations could be included. Please do not pass this Resolution. Keep "Levee Road." Thank you for your consideration. Sincerely, Carol Griswold Seward Donna Glenz From: Nicola Murawsky <nmurawsky@alaska.edu> Sent: Tuesday, November 22, 20113:11 PM To: Donna Glenz Subject: Re: road names Thank you very much, Donna. Nici On Tue, Nov 22, 2011 at 3:19 PM, Donna Glenz <d lg enz&cityofseward.net> wrote: Nici, If you or anyone else has a comment and/or suggestion please forward them to me. I will include any comments in the agenda statement and the written comments in the packet for Council. You also may wish to express your comments directly to a member of council and/or come to the meeting when the item is on the agenda and speak directly to the Council as a body. I will be happy to send you an email when I have this ready to go on the Council agenda. I am hoping to have this on the agenda for the 12tn of December but I am not sure I can have everything ready and make the cut-off of November 29th. If not it will be on the next meeting which will probably be January 9tn Written comments may be submitted to me by email, fax, mail or hand delivery to the office. Donna Oenz From: Nicola Murawsky [mailtommurawsky(Maska.edu] Sent: Tuesday, November 22, 2011 2:29 PM To: Donna Glenz Cc: Johanna Kinney Subject: Re: road names Thank you for the explanation, Donna. At this point in the process, if a person has an opinion on renaming "Levee Road", should it be expressed to Council or to P&Z? Have a nice Thanksgiving. Nici On Tue, Nov 22, 2011 at 2:05 PM, Donna Glenz <dglenz(a,cityofseward.net> wrote: Hello Nici, Our City Clerk, Johanna Kinney has referred your email to me in the Community Development Department to answer your questions on the road/street naming process. I will be happy to go over the steps and process involved to name a street/road. I will give you some of the back ground and the requirements, then I will go over where we are in the process on the North Forest Acres Levee access road. Let me first say that addressing and street naming is a City of Seward and Kenai Peninsula Borough combined process. Inside the City limits the City Council establishes street names but with that being said the City works with the Borough and National standards to ensure the life safety issues of the 911 system are met. By Resolution 85-010 the City Council established a Street -Naming and Numbering System. Section 1, Part 2 of the City's resolution incorporates the Borough system also be followed. I will be happy to provide both the City and Borough documents if you wish. As for the naming of the North Forest Acres Levee access road, we are in the middle of the official process. On the November 15'h P&Z agenda staff brought forward for the Planning and Zoning Commission review and recommendation to Council, Resolution 2011-12. In that resolution staff had recommended the common name "Levee Road" which was the name the drive surface of the North Forest Acres Levee had been commonly called. Levee Road had been referred to since the beginning of the project following the 1995 flood event. No public comments had been received by staff prior to the meeting. At the meeting the Commission discussed and amended the resolution changing the recommendation to Council for the name of the drive surface of the levee to be Dieckgraeff Road, in honor of Frank Dieckgraeff and the Dieckgraeff family. The Planning and Zoning recommendation of Dieckgraeff Road will move forward to Council for adoption in the form of a Council Resolution in the near future. Hopefully this has answered your questions on the process of naming roads. If you have any other questions or I can better explain the process please feel free to contact me by email, phone or stop in the office. Donna GCenz Planner City of Seward, Alaska 410 Adams P 0 Box 167 Seward AK 99664 907.224.4048 907.224.4085 (fax) From: Johanna Kinney Sent: Tuesday, November 22, 2011 11:21 AM To: Donna Glenz Subject: FW: road names Hi Donna, Do you know anything about naming roads? Johanna Kinney From: Nicola Murawsky [mailto:nmurawsky(aalaska.edu] Sent: Tuesday, November 22, 2011 10:57 AM To: Johanna Kinney Subject: road names Hi Johanna, I see Levee Road may be renamed and I'm wondering if you can tell me what the process is for naming a road in the City of Seward. Y", Thanks and have a great Thanksgiving. City oJ:Seward, Alaska City Council Minutes January 9 2012 Volume 38, Page 74 Motion (Terry/Shafer) Motion Passed NEW BUSINESS Postpone Resolution 2012-001 to the January 23, 2012 meeting. Unanimous Consent Resolution 2012-003, Naming The Newly Constructed North Forest Acres Levee Drive Surface, As Dieckgraeff Road; Located Within The Public Access Easement On Tract B, Dieckgraeff- Gillespie Replat; Located At 2501 Seward Highway. Motion (Bardarson/Shafer) Approve Resolution 2012-003 Long stated this was a recommendation from the Planning & Zoning Commission. Shafer said she had received many phone calls and input from the community, all of them acknowledging the Dieckgraff's and what they have contributed to this community. However, she believed that this road had already gone through the official process of being named as Levee Road, it had been referred to that for the past several years while the project had been developed, and it was already recognized in the 911 emergency system as Levee Road. Based on these reasons, she would not vote for this resolution and felt there could perhaps be a different way to handle it. Valdatta expressed his support based on their family's contributions for the community. He felt Levee Road was too common of a name. Keil felt she also could not support this at this time changing the name to Dieckgraff Road at this time because she didn't believe it conformed with the city's naming criteria listed in Resolution 1985-010: streets should be pleasant -sounding, appropriate, easy to read/spell/say so that the public and children can handle it in an emergency situation. The new name did conform with the borough, but Seward's naming convention was more specific. Terry thought they needed to pursue additional public comment, especially since the public had only seen the road advertised as Levee Road. Bardarson suggested that council send it back to the Planning & Zoning Commission in order for them to seek more public input. Motion (Bardarson/Terry) Refer Resolution 2012-003 back to the Planning & Zoning Commission to seek more public input. Motion To Refer Passed Unanimous L City of Seward, Alaska Planning Commission Minutes November 15, 2011 Volume 6, Page 4 60 Glenz explained the Land Use Plan and noted the zoning designations for the parcels remained the same with the platting action. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Aaron Johnson, owner of the parcels, said he would like to have a business, but would need to explore available resources and consider the economic potential of any future business he might undertake. There were no further requests to be heard and the public hearing was closed. Motion (Ecklund/Morgan) Approve Resolution 2011-14 Ecklund said she was pleased that the property was slated for possible development and continued use. Roach' also said she was grateful that an entrepreneur was planning to come into the community and develop. Motion Passed Unanimous Unfinished Business — None New Business Resolution 2011-12 of the Planning and Zoning Commission recommending City Council approve the official naming of the newly constructed North Forest Acres Levee Road, as Levee Road; located within the public access easement on Tract B, Dieckgraeff-Gillespie replat; located at 2501 Seward Highway Glenz explained the history of the levee construction and its design. The ribbon cutting ceremony for the levee drive surface was held on August 8, 2011. The route connects the Seward Highway to Dimond Boulevard, rerouting industrial traffic away from residential streets in the Forest Acres neighborhood. Glenz noted the naming of the levee mad, as Levee Road, met all of the criteria outlined by the City and Kenai Peninsula Borough. In response to Butts, Glenz stated that no other name suggestions had been received. She continued to explain that Levee Road had been the informal name for the road during several years of planning and development. There was no City guideline requiring public input or suggestions for street names. A street sign identifying Levee Road had been put in place. Butts asked what process was required for suggesting a different name for the road. City of Seward Alaska Planning Commission Minutes November 15, 2011 Volume 6, Page 4 61 Glenz said a public process would require advertising; noting staff would support the effort to solicit name suggestions from the community if that were the wishes of the Commission, or the Commission could simply amend the Resolution before them. She noted the road was to have no individual addresses assigned because there was to be no access to or from any parcel along the route. Roach' asked how much community input there had been regarding the naming of the road. Any input would have occurred at the various public meetings related to the project that had been held over the years, Glenz noted. In response to Ecklund, Glenz stated the agenda had been posted and advertised to the public and no members of the public had offered comments. Butts stated he had received a suggestion that the route be named Dieckgraeff Road, in honor of Frank Dieckgraeff. Commissioners and staff further discussed the location of the road, the access easement and future platting possibilities. Motion (Ecklund/Morgan) Approve Resolution 2011-12 Motion (Butts/Morgan) Amend Resolution 2011-12 to replace the suggested name of Levee Road with Dieckgraeff Road Butts said the late Frank Dieckgraeff and the Dieckgraeff Family had been instrumental in developing the North Forest Acres Levee and assisting with flood prevention measures. Morgan asked for clarification if the intention was to name the road Dieckgraeff Road or Dieckgraeff Levee Road. Butts said the intention was to name the road Dieckgmeff Road. Motion Passed Unanimous Main Motion Passed as Amended Unanimous Resolution 2011-13 rescinding Resolutions 2011-09 & 2011-10, recommending City Council amend portions of Seward City Code 15.10.140 Definitions; 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed; and 15.10.225 Land Uses Allowed Table Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-04 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AMEND PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS WHEREAS, the Planning and Zoning Commission has held numerous public work sessions to update the Seward City Code; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Council approve the attached Ordinance 2012- _, amending various portions of Title 15.10.140 Definitions; and. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of April 2012. THE CITY OF SEWARD Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: Three ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Sponsored by: Planning and Zoning Commission Introduction Date: xx, xx, 2012 Public Hearing Date: xx, xx, 2012 Enactment Date: xx, xx, 2012 CITY OF SEWARD, ALASKA ORDINANCE 2012- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Planning and Zoning Commission held numerous public work sessions on Title 15 updates, the 2/22/2011, 3/22/2011, 4/26/2011, 5/17/2011, 6/07/2011, 6/21/2011, 7/19/2011 and 1/17/12 specifically addressed 15.10.140 Definitions; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote economic growth; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WHEREAS, at its April 3, 2012 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to read as follows: Title 15.10.140 is hereby amended as follows: (Strikedifeu = deletions and are bold, Underline = additions and are bold Italic) 15.10.140 -- Definitions A. General interpretation. 1. Words used in the present tense include the future tense. 2. The singular number includes the plural. 3. The word "person" includes a corporation as well as an individual. 4. The word "lot" includes the word "plot" or "parcel." 5. The term "shall" is always mandatory. 6. The word "used" or 'occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied." B. Specific definitions. (parenthetical references are for cross reference only) In this chapter, unless otherwise provided or the context otherwise requires: 1. Accessory building. A detached structure that: CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 2 of 18 a Is clearly incidental to and customarily found in connection with a principal building or use; b Is subordinate to and serves a principal building or use; c Is subordinate in area, extent or purpose to the principal building or use served; d Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and e Is located on the same or adjacent lot under the same ownership as the principal building or use served. An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid -mounted or other moveable structures. (Accessory or mother-in-law apartment: See dwelling, efficiency apartment) 2. Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or animal and poultry husbandry including buildings used to shelter farm implements, hay, grain, poultry, livestock or other farm produce in which there is no human habitation and which is not used by the public. 3. Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, various accommodations for passengers, and business lease sites. 4. Alley. A dedicated public way which affords a secondary means of access to abutting property and not intended for general traffic circulation. S. Alteration. Any change, addition or modification in the construction, location or use of a building. 6. Amusement and recreation facility. Establishment engaged primarily in providing entertainment for a fee including such activities as bowling alleys, billiards and pool, dance hall, pinball machines, video games or other similar player -operated amusement devices. 77 Antenna. A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based structures. Includes satellite dish. (Apartment. See Dwelling) 8. Auto repair station. A place where a qualified automotive mechanic provides services such as general motor vehicle and engine repair, reconditioning or rebuilding, CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 3 of 18 and collision service including body, frame and fender straightening and repair, painting and undercoating of motor vehicles. 9. Auto service station. A place used primarily for the retail dispensing of motor fuels and/or installation of tires, batteries and other accessories and services which do not customarily or usually require the services of a qualified automotive mechanic. Also known as a gas station. (Bed and breakfast. See Lodging) (Boarding or rooming. See Lodging) 10. Brewpub. An establishment that is primarily an eating place which includes the brewing of beer as an accessory use. 11. Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. 12 Building area. A total area taken on a horizontal plane at the main grade level of the principal building and all accessory building, exclusive of external steps. 13. Building, existing. A building erected prior to the adoption of this code or one for which a legal building permit has been issued. 14 Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum, which must be between the building and the property line or in a dedicated public right- of-way that is accessible to fire suppression personnel and rescue equipment, shall be selected by either of the following, whichever yields the greater height of building: a The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than ten feet above the lowest grade; or b An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection (1) above is more than ten feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. IS Building, principal or main. A building in which is conducted the principal or main use of the lot on which the building is situated. Attached garages, porches and carports shall be considered to be part of the principal building. (Bunkhouse. See Housing) CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 4 of 18 16 Business, general sales. A premises where the sale of goods or commodities to the consumer takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or apparel shops; fishing equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores. 17 Business, personal service. The conduct of business where personal assistance is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc. 18 Campground. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by tents or recreation vehicles as temporary living quarters for recreational or vacation purposes. 19 Campground, employee. An area operated by an established business with high seasonal employment of transient workers as a housing alternative and not construed to be a construction camp. 20. Child care, licensed center. In accordance with Alaska Statutes, a building where adult care, protection and supervision is provided for children other than the owner's or operator's. Also called day care, nursery school, pre-school and kindergarten. 21. Child care, licensed home. In accordance with Alaska Statutes, a private residence where adult care, protection and supervision is provided for children other than the occupant's. Also called day care, nursery school, pre-school and kindergarten. 22. Church. A building, structure or group of buildings or structures primarily intended for conducting organized religious services and associated accessory uses. The definition of a church shall be dependent upon U.S. Internal Revenue Service and the Kenai Peninsula Borough Assessor's Office interpretation. A standard single family residence not remodeled for public meetings shall not be considered a church. 23. Clinic. A building or portion thereof containing offices and facilities for providing out -patient medical, dental or psychiatric services, and which may include a dispensary to handle medication and other merchandise prescribed by physicians in connection with their medical practice. 24. Club, private. A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members, but not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues. Includes lodges. 25 Cluster subdivision. A development design technique that permits a reduction in lot area provided there is no increase in the number of lots permitted under a conventional subdivision or increase in overall density of development by concentrating buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas. CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 5of18 (Commercial building apartment. See Dwelling) 26. Commercial use. An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. (Condominium. See Dwelling) (Convalescent or nursing home. See Housing) 27. Convenience store. A small-scale neighborhood grocery establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. (Dormitory. See Housing) 28. Drinking establishment. Any premises wherein the principal purpose is the retail sale of alcoholic beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar, cocktail lounge, tavern and nightclub. 29. Drive-in facility. Any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. 30. Dwelling. A building designed or used exclusively as living quarters for one or mori families. a Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building (see "dwelling"). b Apartment, owner or manager. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or manager family of that building or a commercial business located in the building. c Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multi -unit building or development. Each owner owns a common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. d Commercial building apartment. An apartment located within a building designed to accommodate a mix of residential and commercial uses. CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 6 of 18 e Efficiency apartment (also called accessory, mother-in-law, or studio). A single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single family dwelling. 'Guest house. An accessory building occupied on a temporary basis solely by non-paying guests. g Mobile home. A factory -built home designed to be used as a year-round residential dwelling and originally designed and mounted on wheels and/or axle supports for transportation by another vehicle. h Modular home_ A factory -built residential structure that is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Includes factory -built and manufactured home. i Multiple family. A building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. 1 Single-family, attached. A building containing two or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. Also commonly called townhouse, row house and zero -lot line. k Single-family, detached. A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. 1 Two-family or duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. m Unit, dwelling unit. A building or separate portion thereof containing kitchen, living, sleeping accommodations and at least one bathroom and designed to be occupied exclusively as a residence by one family (see "Apartment"). CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 7 of 18 n Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. (Efficiency apartment. See Dwelling) 31. Family. Any number of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit and distinguished from a group occupying a rooming house, club, fraternity house or hotel. 32. Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal commonly kept as livestock. 33. Flea market. An occasional or periodic sales activity held within a building or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales. 34. Floor area, useable. That area used for or intended to be used for the sale of merchandise or services or as leasable office space as measured from the interior surfaces of the walls enclosing that part of the building. Such floor area which is used or intended to be used for the storage or processing of merchandise, hallway or for utilities or sanitary facilities is excluded from this computation of useable floor area. 35. Fractions. In the determination of density, required parking spaces or other requirements of this code, computations resulting in a fractional number of 0.50 or above shall be considered the next larger whole number. 36. Garage, private. An accessory building or portion of a main building designed or used solely for storage of motor vehicles, boats and similar vehicles owned by the occupants of the building to which it is accessory. 37. Greenhouse, commercial. A light -permeating structure used for cultivating and growing plants in a controlled temperature and humidity environment where such plants are offered for sale either on the premises or at another location. (Group care home. See Housing) (Guest house. See Dwelling) 38 Guide service. Any premises used for collecting or returning persons from recreation trips when remuneration is provided for the service. (Halfway house. See Housing) CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 8of18 39 Health club. Includes, but is not limited to, gymnasiums (except public), private clubs (athletic, health or recreational), reducing salons and weight control establishments. 40. Historic district. An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance as to warrant conservation and preservation. 41. Home occupation. Any use customarily conducted entirely within a dwelling, or its accessory building, and carried on by the occupants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no exterior sign, no display or stock in trade, no outside storage of materials or equipment, no commodity sold upon the premises and not more than two persons are engaged in such occupation. 42. Home professional office. A home occupation consisting of the office of a practitioner of a recognized profession. (Hostel. See Lodging) (Hotel. See Lodging) 43. Housing Structures providing housing for groups of People, such as students, employees or nursing home residents a Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared by sever -a! rooms and in which there are no individual cooking facilities. b Convalescent or nursing home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care. c Dormitory. A building used as residential group living quarters for a student body or religious order as an associated use to a school, orphanage or other similar institutional use, and does not include kitchen facilities except a group kitchen facility to serve all residents. d Group care home. A dwelling shared by no more than five disabled persons, plus resident staff, who live together as a single housekeeping unit and in a long-term, family -like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling residents to live as independently as possible in order to reach their maximum potential. The CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 9 of 18 term "group care home" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex -convicts or other housing facilities serving as an alternative to incarceration. e Hatay house. A licensed home for inmates on release from more restrictive custodial confinement, or initially placed in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the Alaska Department of Corrections. 44. Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. 45. Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of breeding, buying, selling, keeping or boarding five or more dogs over the age of four months, whether for profit, pleasure, or as pets, by any person, individual, corporation, group of people or business entity. Does not include an animal shelter. 46. Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds) outdoor farm animals (i.e. cows, goats, horses, pigs, barnyard, fowl, etc.). Does not include cats, dogs and other common household pets. 47. Loading space. A space located on premises for pickup and delivery at the premises. Required off-street loading space shall not be included as an off-street parking space. 48. Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping accommodations for a period of less than 30 consecutive days. The use includes the providing of meals to overnight guests only. This use includes bed and breakfast, but does not include motel, hotel or hostel. a Bed and breakfast. An owner occupied and operated single-family residential dwelling where lodging with a meal is provided for compensation on a short-term basis. The term does not include boardinghouses and separate apartments which are leased on a month -to - month or longer basis. b Boarding or rooming. An owner occupied building which has not more than five rooms available for rent or lease on other than a day-to-day basis and not open to transient guests for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms. Meals may be regularly prepared and served for compensation at a table, family - style, without service or ordering of individual portions from a menu. The CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 10 of 18 term includes lodging house or rooming house but does not include separate apartments with individual kitchen and bath facilities. c Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for hikers, cyclists or other travelers not generally traveling by car. d Hotel. A facility with six or more guest rooms and on premises management offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns. e Motel. A building, or group of detached or connected buildings, having six or more guest rooms, an on premises manager and parking conveniently located on the premises, which are designed primarily to offer sleeping accommodations, with or without meals, to the motoring public on a daily rate. Includes designations such as motor lodges, auto courts, tourist courts and similar terms. 49. Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage or access on a public street or on an approved private street and may consist of: A. A single lot of record; B. A portion of a lot of record; 3. C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or 4: D. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter and that, in the case of multiple lots or portions thereof, the property be replatted to eliminate interior lot lines. a Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and alleys. b Lot, buildable or useable area. That portion of a lot that a prudent person would use to construct a building and provide required parking. This excludes lakes and rivers, creeks, cliffs, marshes and other similar natural obstacles to development with the property counting toward minimum required size. CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 11 of 18 c Lot, corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. d Lot coverage. The area of a site covered by building or roofed areas, including covered porches, decks and accessory buildings, but excluding allowed projecting eaves. e Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline. j'Lot, interior. A lot other than a corner lot. g Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are met. h Lot line, rear. A line opposite and most distant from the front lot line and, in the case of irregular or triangular shaped lots, a line not less than ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. i Lot line, side. Lot boundary not a front lot line or a rear lot line. 1 Lot line, zero. The mean horizontal line whereby two adjacent buildings from adjacent lots can be constructed with a common party wall providing a proper fire wall rating. All other aspects are the same as in conventional development. k Lot width. The average horizontal distance separating side lot lines of a lot and at right angles to its depth. 50. Lumberyard. An establishment that sells sawn timber and other building materials typically stored on the premises. 51. Manufacturing, heavy. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials; or a use engaged in storage of or manufacturing processes using flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. 52. Manufacturing, light. A use engaged in the manufacture, predominantly from previously prepared material, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing. CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 12of18 53. Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats that may include the sale of fuel and incidental supplies for the boat owners and guests. Also includes harbor. (Mobile home. See Dwelling) 54. Mobile home park. A parcel or adjacent parcels of land in the same ownership upon which two or more mobile homes are located or for which space is leased or held out for lease or use on a month -to -month or longer basis. This does not include sale lots on which unoccupied mobile homes are parked for inspection and sales and shall not be construed to mean tourist facilities for parking of travel trailers, motor homes or campers. 55. Mobile medical unit. A trailer, motorized coach or van capable of being transported from place to place, containing medical equipment such as a CT scanner, MRI or similarly complex medical diagnostic device or decontamination equipment. (Modular home. See Dwelling) (Motel. See Lodging) (Multiple family. See Dwelling) 56. Non -conforming building. Any building or portion thereof lawfully existing at the effective date of the ordinance affecting it and which does not conform to all of the use, height and density regulations of the zone in which it is located. 57. Non -conforming use. A use which lawfully occupied a building or land at the effective date of the ordinance affecting it that does not conform to the use provisions of the zoning district in which it is located. 58. Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive. 59. Office. A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations; i.e., travel, insurance, employment, utility, public service or government agencies. 60. Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land, including the attorney or agent thereof. 61. Park. Any public land available for recreational, educational, cultural or aesthetic use. 62. Parking area. A structure or an open area, other than a street, alley or other right-of-way, on which vehicle parking spaces are defined, designated or otherwise identified and available, whether free or for compensation, for use by the public, clients, CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 13 of 18 tenants, customers, employees or owners of the property for which the parking area is required by ordinance. 63. Parking requirements as stated in terms of employees. The maximum number of employees who will be at the site at one time on either a single shift or an overlap of shifts. 64. Parking space, off-street. A designated area sufficient in size to accommodate one motor vehicle, exclusive of maneuvering room, designed with adequate independent access to, but located off, any street, alley or other right-of-way. 65. Parking, valet. Attendant parking provided as a service to patrons of commercial establishments. 66. Peddler. A person who, with no fixed place of business, goes from house to house, place to place, or from store to store transporting goods, wares or merchandise for sale or offering or exposing the same for sale or making sales and delivering articles to purchasers. (See transient merchant and vending, street.) 67. Planned unit development. A land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise be individually permitted. 68 Profession. An occupation or calling requiring the practice of a learned art through specialized knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor of medicine, lawyer, engineer or real estate broker. 69 Professional office. The office of a member of a recognized profession maintained for the conduct of that profession. 70 Recreational, indoor commercial. A facility accommodating such indoor recreation activities as skating rinks, bowling lanes or shooting/archery ranges. 71. Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing fields or miniature golf. 72. Recreational vehicle. A vehicle used or intended to be used as transient living or sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design, whether or not the same is supported by wheels or identified by a model, serial or vehicle registration number. Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes, truck campers and similar vehicles. 73. Recreational vehicle (RV) park. Any parcel of land upon which two or more recreational vehicle sites are located, established or maintained for commercial CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 14 of 18 occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Includes trailer park and camper park. 74 Recycling center. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. 75 Recycling collection point. An incidental use serving as a neighborhood drop- off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas such as churches and schools, as opposed to being allowed on residential or vacant lots. 76 Repair service, household/appliance. A business establishment where repairs are made to appliances and furniture. 77. Residence. A home, abode or place where an individual is actually living at a specific point in time. 78 Resource extraction. Commercial or industrial operations involving the removal of nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any operations having similar characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and crushers. 79 Restaurant. An establishment whose principal business is the sale of food and/or beverages to customers in a ready -to -consume state and whose principal method of operation includes one or both of the following characteristics: a Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which the food and beverages are consumed; and/or b A cafeteria -type operation where food and beverages generally are consumed within the restaurant building. 80. Restaurant, fast-food. An establishment whose principal business is the sale of quickly prepared ready to eat food and/or beverages for consumption within the restaurant building, within a motor vehicle parked on the premises, or off the premises as carry -out orders, and whose principal method of operation includes the following characteristics: orders are generally taken at a main counter or drive -up window and food and/or beverages are usually served in disposable wrapping or containers. This includes drive-in and carry -out restaurants. CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 15 of 18 81. Right-of-way. An area or strip of public land which incorporates or is intended to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or public utilities. 82 Salvage yard (auto wrecking, scrap, junk). Any area used for the storage, keeping or abandonment of junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, machinery, other vehicles or parts thereof. 83. School. Any public, religious or non-profit facility providing a general curriculum of academic or vocational instruction serving any or all grades between kindergarten and 12th grade. . 84. School, commercial. A facility providing commercial instruction in such activities as music, dance, arts, crafts and sailing. 85. School, adult vocational. A facility providing a general curriculum of adult academic or vocational instruction. 86 Setback. The required minimum distance from right-of-way or lot line that establishes the area within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet. 87. Shopping center. A single complex which provides a combination of retail establishments designed in such a manner as to provide convenience for shoppers with common parking facilities. Includes mall. (Single-family, attached. See Dwelling) (Single-family, detached. See Dwelling) 88. Solid waste facility. A disposal site employing an engineering method for disposing of solid wastes in a manner that minimizes environmental hazards. Includes landfill, compactor, transfer, etc. 89. Storage. A structure or designated area that provides space for storing. a Container. An accessory storage use consisting of containers such as semi -tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are peg a placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed; the unit is pineed on non rot suseeptible bleek4ag or foundation; the unit is roe€ear 'gin --ended- to mateh the primary buflding on th-e sty; and the unit is located outside any setbacks. Containers are CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 16of18 not allowed within the front 50% of the parcel except in the Industrial Zoning District Containers are considered a structure and must comply with current adopted building codes. Railroad box cars are excluded except in the Industrial Zone. There are no grandfathered uses. (See accessory use/building, building, and structure.) b Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time. In the harbor commercial area, the use is limited to the storage of boats only. c Self-service. A building or group of buildings consisting of individual, small, self-contained units that are leased or owned for storage of business and household goods or contractors' supplies. Includes mini warehouses. d Warehouse and distribution. A building used primarily for the storage and distribution of goods, products, materials, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. 90. Street. A dedicated public way which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except an alley as defined herein. 91. Structure. Anything constructed or erected on the ground or attached to something having location on the ground, including, but not limited to, buildings, towers, and sheds. Fences, retraining walls less than three feet in height signs and similar improvements of a minor character are excluded. 92. Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt. 93. Temporary structure. A structure without any foundation or footings as allowed by the adopted Building Code.and that is '' when the ``esigfM`ed " - - b 94 Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects or as a temporary office or business. 95 Transient merchant. Any person, partnership, firm or corporation, whether a resident of the city or not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or non-profit within the city by operating on a door-to-door, street corner or similar basis; or from no fixed location or office; or from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 17 of 18 (Two-family or duplex. See Dwelling) (Unit, dwelling unit. See Dwelling) 96. Utility, public facility. An installation owned by an agency under public franchise or ownership, or under certificate of convenience and necessity, providing the public with electricity, gas, heat, steam, communication, water, sewage collection or other similar service. 97. Vehicle, motor. A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. 98 Vending. The sale of food, services or merchandise a Mobile unit. Any type of vehicle or wagon which is designed to be readily movable and from which services are provided or any food or beverage is prepared for immediate consumption and sold or offered for sale to the public at any location, whether on private or public property. b Street. The sale of food, services or merchandise from a cart, stall or vehicle located in any public right-of-way. 99 Veterinary hospital. A facility, which may include animal runs, in which veterinary services are rendered to animals and domestic pets and which may include clipping, bathing, boarding and other services. Includes veterinary clinic. (Watchman or caretaker dwelling. See Dwelling) 100. Water -dependent. A use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water -borne transportation, recreation, energy, production or source of water. 101. Water -related. Uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water - dependent land or waterway use and which, if not located adjacent to water, would result in a public loss of the quality of goods or services offered. 102. Yard. A required open space on the same lot with a main building, unoccupied or unobstructed from the ground upward, except as otherwise provided in this chapter. a Front. The area extending across the full width of a lot, measured between the front lot line and the nearest exterior wall of the building, front of a bay window or the front of a covered porch or other similar projection, whichever is the nearest to the front lot line. CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 18of18 b Rear. A yard extending across the full width of the lot between the most rear extension of the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the point of the rear lot line nearest to the main building. In cases of double frontages and corner lots, there are no rear yards, only front and side yards. c Side. A yard between a main building and side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building. 103. Zero -lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this xx, day of XXXXXXXX, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk THE CITY OF SEWARD, ALASKA David Seaward, Mayor (City Seal) P&Z Agenda Statement Meeting Date: April 3, 2012 Through: Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Amending Portions of Seward City Code (SSC)15.10.140 Definitions to Change, Update and Accommodate the Wishes of the Public BACKGROUND & JUSTIFICATION: In the past 2 years the Planning and Zoning Commission has held numerous public work sessions to review and update portions of Title 15 of the City Zoning Code. The Commission held seven (7) public work sessions specifically reviewing and amending Title 15.10.140 Definitions. On January 17, 2012 the Commission and the City Council held a joint public work session to review each ofthe requested changes. The Commission has reviewed and discussed the definition section of the Seward City Code (SCC) in depth and found this section to be confusing in the organizational layout. While the Commission has recommended a complete re -organization, very few additions, deletions or changes were recommended. Title 15.10.140 is a lengthy portion of the zoning code containing over 100 definitions. With the reorganization of the Definitions, several categories have been established and the definitions pertaining to those specific categories have been moved into the category. All definitions have been numbered for easier reference. Specific additions, deletions or changes are as follows: (Proposed change is indented and the staff explanation follows) 10 Brewpub An establishment that is primarily an eating place which includes the brewing of beer as an accessory use. The public has expressed interest in developing a "brewpub" within the City. Current City code does not address brewpubs by definition. Through forward thinking the Commission has recommended the addition of the above definition to define brewpubs within the SCC. 43 Housing Structures Providing housing for groups of people, such as students, employees or nursing home residents With the reorganization of the definition portion of the code, it was determined the SCC did not contain a specific "housing" definition to categorize the examples under; therefore the "housing" category has been proposed. a Bunkhouse. A building used as living quarters for people such as cannery workers or Planning and Zoning Agenda Statement Page 2 of 3 construction laborers where shower and sanitary facilities are shared emits and in which there are no individual cooking facilities. The public has proposed that new designs in housing and accommodations generally provide for sanitary facilities in each shared room not a common facility shared by several rooms. 44 Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile Tomes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. Because Seward is a port city and much of the community owns some type of watercraft, it has been determined that watercraft should be included within the "Junk" definition. 89. Storage. A structure or designated area that provides space for storing. With the reorganization of the definition portion of the Code, it was determined the SCC did not have a specific "Storage" definition to categorize the examples under; therefore the "Storage" category has been proposed. a Container. An accessory storage use consisting of containers such as semi -tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are parked or placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed; the unit is side to mateh the p6mary building on the propefty; and the unit is located outside any setbacks. Containers are not allowed within the front 50% of the parcel except in the Industrial Zoning District. Containers are considered a structure and must comply with current adopted building codes. Railroad box cars are excluded except in the Industrial Zone. There are no bRM Matherd uses. (See accessory use/building, building, and structure.) 93. Temporary structure. A structure without any foundation or footings as allowed by the adopted Building Code. and that is removed wben the designated dme period, aefiWty o use for whieh the temporary strueture was ereeted has ee Through continued discussions and assistance from the Building Department and the City Council the above changes to the Container Storage and Temporary Structure definitions have been proposed. The proposed change to the definitions removes current conflict between the City Zoning Code and the City Building Code. 98 Vending. The sale of food, services or merchandise. With the reorganization of the definition it was determined the SCC did not have a specific Planning and Zoning Agenda Statement Page 3 of 3 "Vending" definition to categorize the examples under; therefore the "Vending" category has been proposed. Consistencv Checklist: 1. Comprehensive Plan (2020) Yes No NA X 3.7.3 Continue to improve the quality and efficiency of city governmental services. • Continue to revise and update the Seward City Code. 2. Strategic Plan (1999) Goals and Objectives F0 * Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision The attached ordinance was submitted to the City Attorney for a cursory review and accepted with two housekeeping corrections. Seward City Code§ 15.01.035(c)(2)&(3) provides that the Planning and Zoning Commission shall hold a public hearing and forward written recommendations to the City Council before the City Council amends or repeals any land use regulations, or changes zoning or land use boundaries. As per City Code § 15.01.040 Public Hearings; the public notice requirements were met. At the time of publishing this agenda, no public inquiry had been received. RECOMMENDATION: The Commission approve Resolution 2012-04, recommending the City Council adopt the attached Ordinance amending the Seward City Code § 15.10.140, Definitions to change, update and accommodate the wishes of the public. SPONSORED by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-05 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL AMEND VARIOUS SECTIONS OF THE SEWARD CITY CODE TO INCLUDE PORTIONS OF 15.10.220 DEVELOPMENT REQUIREMENTS TABLE; 15.10.225 LAND USES ALLOWED; and 15.10.225 LAND USES ALLOWED TABLE WHEREAS, the Planning and Zoning Commission has held numerous public work sessions to update the Seward City Code; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2012-_, attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3`d day of April 2012. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: Three ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Sponsored by: Planning and Zoning Commission Introduction Date: xx Public Hearing Date: xx Enactment Date: xx CITY OF SEWARD, ALASKA ORDINANCE 2012- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.220 DEVELOPMENT REQUIREMENTS TABLE; 15.10.225 LAND USES ALLOWED AND 15.10.225 LAND USES ALLOWED TABLE TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Planning and Zoning Commission has held numerous public work sessions on Title 15 updates; and WHEREAS, the 6/21/2011 public work session specifically addressed the Developments Requirements and Development Requirements Table; and WHEREAS, the 9/21/2010, 10/07/2010, 10/19/2010, 11/16/2010, 12/07/2010 and the 1/25/2011 public work sessions specifically addressed 15.10.225 Land Uses Allowed and the Land Uses Allowed Table; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote economic growth; and WHEREAS, it is in the public interest to maintain a City Code that reflects community needs; and WHEREAS, on January 17, 2012 the City Council and the Planning and Zoning Commission held a public work session to review all proposed Title 15 amendments; and WHEREAS, at its April 3, 2012 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to read as follows: Table 15.10.220 — Development Requirements Table is hereby amended as follows: (Str'iledifetighs = deletions and are bold; Underline = additions and are bold Italic) CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 2 of 10 Zoning Districts Principally Residential Principally Commercial Principally Public RR R1 I R2 R3 I LIR OR AC HC CB I RM INS P Maximum Lot 30 35 35 40 40 3-5 50 100* 100 100* 30 50 10 Coverage (%) "(See 50 Note 6, next page) Section 15.10.225. - Land uses allowed is hereby amended as follows: (Stfiledffeuos = deletions and are bold; Underline = additions and are bold Italic) (a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter. (See Tables at the end of this Title.) (b) Lodging as defined in section 15.10.140 (b) is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the city shall conduct an annual life safety inspection of each guest room to assure compliance with the current Uni€er adopted Building Code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. [the remainder of SCC 15.10.225(b), Lodging remains unchanged] (c) Transient merchants as defined in section 15.10.140 (b) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding 150 consecutive days in a calendar year. (2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 150 days [items (3) and (4) of SCC 15.10.225(c), Transient Merchants remains unchanged] (5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the temporary strueture vehicle or trailer. (6) Any additions, including but not limited to porches, platforms and decks, shall be sided or painted to match or complement the tempefafy stfuetwe vehicle or trailer prior to operation. [the remainder of SCC 15.10.225(c), Transient Merchants remains unchanged] CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 3 of 10 (e) Livestock as defined in section 15.10.140(B). Are allowed in accordance with Table 15.10.225 of this chapter subject to the following: (1) Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits): (2) Livestock fencing shall be no closer than five feet from a property line; (3) A city approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or stream; (4) A city approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. (5) Up to rive chickens (hens) or rabbits are allowed in accordance with Table 15.10.225. (6) Chicken or rabbit coons and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. (7) Chickens or rabbits are not allowed on lots with more than one dwelling unit. CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 4 of 10 Table 15.10.225. - Land Uses Allowed Table is hereby amended as follows: (lam = deletions. and are bold; Underline = additions and are bold Italic) Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 JR2 JR3 UR OR AC JHC CB I I RM JINS I P Accessory Building 0 0 0 10 10 0 0 0 0 O 0 10 10 Adult entertainment INTENTIONALLY LEFT BLANK Agency, i.e., travel, insurance, title, real estate, etc. Q 0 O Q 0 Agriculture 1 0 Airport and related services 10 C Amusement or recreation facility O 0 0 Animal shelter 0 C Antenna, personal TV, satellite dish 0 0 0 0 0 0 0 0 O 0 0 0 Art gallery 0 0 0 Q 0 Assemblages, temporary large, i.e., circus, fair P P P P P P P Attraction, permanent major visitor C C C C C Auditorium 10 0 0 Auto repair, i.e., mechanic, glass body, upholstery C 0 Auto service/gas station 0 10 0 Auto/RV sales and rentals 0 10 0 Boat sales 0 0 0 0 Boat, commercial building/fabrication 0 0 Boat, harbor/marina C Ic C C C Boat, repair and maintenance 0 0 10 C Boat, storage commercial 0 0 O 0 C Brew ub Bulk material, i.e., concrete, gravel, sand, asphalt C C Business, marine retail sales and service 0 O 0 0 0 C Business, package liquor 0 0 0 CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 5 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 JUR OR AC HC CB I RM INS P Business, retail sales and service 0 0 0 0 Business, retail sales and 0 service, industrial Campground, camper park, RV C/P C/P C/P C/P C/P C/P park Campground, employee C/P Car/boat wash 0 0 10 Cemetery 1 0 1 C 0 Center, community/civic 6 O IC C O Center, mariner's 10 0 0 10 Center, senior or teen C 1C C 10 1 0 1 C IC Child care, licensed center C C 0 0 1 0 C Child care, licensed home A A 6 0 0 0 1 0 0 H H H 0 Church C C C C C C 0 0 0 0 Clinic, medical 1 0 0 10 0 0 Clubs, C 0 0 C fraternal/lodges/social/veterans Cluster subdivision C C C Communications, commercial 0 0 0 0 0 0 satellite dishes, towers, poles, and antennas less than 3-matey (4-5 16 feet) diameter or 75 feetin height Communications, commercial 0 C C satellite dishes, towers, poles, C and antennas 3 meter. 16 feet diameter or greater than 75 feet in height Correctional/prison facility C C C C Crematory 0 Docks/wharves, industrial cargo 0 0 C C Dock, passenger 0 0 0 A 0 C Drinking establishment, i.e., C C C bar, nightclub, lounge CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 6 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC JHC CB I RM INS P Drive-in facility —fast food, C A C C C banking, etc. C Dwelling, apartment in a 0 0 0 0 0 A commercial building (limited to C one unit) Dwelling, apartment in a 0 0 C C commercial building (two or more units) Dwelling, apartment, mother -in- 0 0 0 0 0 0 0 law or accessory Dwelling, attached single- C Ic C Ic Ig C I C family, i.e., townhouse, row Dwelling, condominium C C C C C C I C Dwelling, detached single-family 0 0 0 0 0 0 0 C I A C Dwelling, group home 0 0 0 0 0 0 A C Dwelling, guest house 0 0 A C Dwelling, multi -family (3 or C C C C Ic C Ic more units) Dwelling, two-family or duplex 0 0 0 0 0 1 C A C Dwelling, watchman or 0 C caretaker Emergency services, pub/vol; C C C C Ic C 0 Ic 0 0 C 0 i.e., fire, ambulance, rescue Financial institution, i.e., bank, C 0 1 0 S&L Flea market, open air retail C IC I C other than occasional Fuels, bulk storage and sales Ic Golf course 1 0 10 Ic Golf driving range 10 1 10 0 0 1C Greenhouse/nursery— 0 0 0 commercial Grocery, convenience store C C C 0 0 0 0 Grocery, supermarket, foodmart 0 0 CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 7 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I I RM INS P Health club C C 0 0 0 Home occupation 0 0 0 0 O 0 0 Q 0 0 Hospital C C House rental on a nightly basis P P P P P P Housing, bunkhouse C C C Housing, dormitory 0 0 Housing, nursing, retirement, convalescent C C C Kennel, commercial, musher or fancier INTENTIONALLY LEFT BLANK Laundry, dry cleaning 10 Ic 0 10 Library 0 10 1 0 1 1 0 Livestock, Excluding Chickens Ft Rabbits P P Livestock, Chickens Ft Rabbits P P P P P P P P P Lodging, BEEB, rooms, duplex and accessory apartment H/P H/P H/P H/P H/P O/P O/P Q/P O/P Lodging, hostel P P P P P P Lodging, hotel, motel, lodge, inn C 0 IC C Lodging, multifamily dwelling apartment P P P P P Ig P P Lumber yard/building supply C 10 C Manufacturing —noxious, heavy Ic Manufacturing, light fabrication, assembly C 0 Merchant, transient 0 0 0 0 Mobile home park C/P Mobile home, residential, not in park INTENTIONALLY LEFT BLANK Mobile home sales 101 10 Mobile medical unit I I 0 O 1 0 Mortuary/funeral home 0 0 0 Museum C 0 0 O 0 0 CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 8 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Office, boat charter, guide 0 0 0 0 0 A C Office, business or professional 0 0 0 0 0 Office, government/quasi- 0 0 0 0 0 0 0 government administration Office, mobile/temporary on P P P P P P P P P P P P P construction site Office, home, professional 0 O O O O Parking lot e g 0 0 0 0 0 0 0 0 C C Personal services, i.e., beauty, 0 0 O 0 shoe, tailor Planned unit development C C C C C C Playground, public tot lot 0 0 0 0 10 0 0 0 0 0 0 Railroad C C C C Recreation, commercial indoor, 0 0 0 C i.e., bowling, skating Recreation, outdoor, i.e., 0 C C C miniature golf Recreation, shooting range C C C Recycling center C C 0 C Recycling, self-service drop-off 0 0 0 0 0 0 0 0 point Repair service, i.e., large C C 0 appliance Resource extraction, C C C commercial subsurface, i.e., mining Resource extraction, C C C commercial surface, i.e., gravel Resource extraction, 49 C C C C 4C 4C 4C IC C commercial timber harvesting 14C Restaurant, food service, 0 0 0 0 0 Ic catering Rooming or boarding house 01Pr. 0/P O/P O/P Salvage —auto, wrecking, scrap, C junkyard CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 9 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Sawmill or lumbermill C C School, college C C g C School, public/private elementary/secondary C C C C C C C C C School, vocational C 0 0 C 0 A C Seafood processing, i.e., canning, rendering C C C C Shop, i.e., welding, sheetmetal, machine, steel fab. C C 0 Shop, i.e., wood, signs, cabinet, upholstery C C 0 C 0 Shopping center (mall) C C Solid waste disposal, i.e., baler, transfer, landfill C C C Storage, container A A A A 0 A C A C A C A C O O C Storage, explosives P Storage, outdoor, yard, material/equipment C 0 0 C Storage, self service 0 0 0 0 Storage, warehouse and distribution 0 0 6 0 C Studio, radio/television C 0 0 0 0 C Tanks, aboveground associated with service station C C is 0 Taxidermy 0 0 0 0 0 Terminal, i.e., bus, truck, freight 0 C 0 C Terminal, marine/boat passenger 0 C 0 0 C Theater, concert, movie 0 0 A Tool/equipment rental 0 0 Temporary Structure C C C C C C C C C C Utility facility, public electric, C C C C C C 0 0 0 0 0 10 CITY OF SEWARD, ALASKA ORDINANCE 2012-XXX Page 10 of 10 Districts: Principally Residential Principally Commercial 1011 Principally Public Uses RR R1 IR2 R3 UR JAC HC CB I RM INS P water, sewer, etc. Vehicle impound lot 0 0 Vending machine repair, storage O 1 6 O C Veterinary hospital C C C Wind Energy Conversion Systems (WECS) 0 0 0 0 0 0 0 0 0 0 0 0 O Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this xx`h day of xxxx 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) P&Z Agenda Statement Meeting Date: April 3, 2012 Through: Ron Long, Assistant City Manager From: Donna Glenz, Planner d4 J Agenda Item: Amending Portions of Seward City Code (SSC) 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table to change, update and accommodate the wishes of the public BACKGROUND & JUSTIFICATION: In the past 2 years the Planning and Zoning Commission has held numerous public work sessions to review and update portions of Title 15 of the City Zoning Code. The Commission held six (6) public work sessions specifically reviewing and amending Sections 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table and one (1) work session specifically addressed the Development Requirements Table 15.10.220. January 17, 2012 the Commission and the City Council held a joint public work session to review each of the requested changes. The Commission has reviewed and discussed the Land Uses Allowed and the Land Uses Allowed Table sections of the Seward City Code (SCC) in depth. Members of the public were present and expressed comments and concerns during many of the work sessions. The Commission has addressed and accommodated all public concerns and input through the proposed changes. While no public requests were submitted for the Development Requirements Table, the Commission reviewed and recommended an increase in the Maximum Lot Coverage for the Office Residential Zoning District. (As depicted below) (Strikethroughs = deletions and are bold; Underline = additions and are bold Italic) Zoning Districts Principally Residential Principally Commercial Principally Public RR R1 I R2 R3 UR OR AC HC CB I I RM INS P Maximum Lot 30 35 35 40 40 3-5 50 100* 100* 100" 30 50 10 Coverage (%) 50 The Commission has recommended several minor changes and updates to SCC§ 15.10.225 Land Uses Allowed. Specific additions, deletions or changes are as follows: (Proposed changes are indented and the staff explanation follows at the margin) Planning and Zoning Agenda Statement Page 2 of 4 (b) Lodging as defined in section 15.10.140 (b) is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the city shall conduct an annual life safety inspection of each guest room to assure compliance with the current Uni€or adopted Building Code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. The State of Alaska adopts a revised Building Code approximately every three (3) years. Once the State has adopted the code the City then follows by local adoption. At the time the current Zoning Code was adopted the building code title in place was the Uniform Building Code. Since then the title of the building code has changed to the International Building Code. To eliminate current and future title changes it has been recommended to remove the specific title and use the verbiage of "adopted" Building Code. ([the remainder of SCC 15.10.225(b), Lodging remains unchanged] (c) Transient merchants as defined in section 15.10.140 (b) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding 150 consecutive days in a calendar year. (2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely rom the Property at the end of 150 days, [items (3) and (4) of SCC 15.10.225(c), Transient Merchants remains unchanged] (5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer. (6) Any additions, including but not limited to porches, platforms and decks, shall be sided or painted to match or complement the tempeffffy stmetufe vehicle or trailer prior to operation. [the remainder of SCC 15.10.225(c), Transient Merchants remains unchanged] The City has received many comments and complaints regarding the conditions and visual clutter of the Transient Merchants facilities, especially during the non-use months of the year. The intent of a transient merchant is that the facilities needed are mobile and in place for a very short time. The proposed changes to the transient merchant requirements are to insure that the Transient Merchant remains transient and the vehicle(s) used for the business are removed at the end of the season or the Planning and Zoning Agenda Statement Page 3 of 4 150 day period. (e) Livestock as defined in section 15.10.140(B). Are allowed in accordance with Table 15.10.225 of this chapter subject to the following: (1) Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits); (2) Livestock fencing shall be no closer than five feet from a property line; (3) A city approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or stream; (4) A city approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. (S) Un to rive chickens (hens) or rabbits are allowed in accordance with Table 15.10 225 (6) Chicken or rabbit coons and enclosures are required and must meet a minimum setback of 25 feet from neighboring home& (7) Chickens or rabbits are not allowed on lots with more than one dwelling unit. The addition of chickens and rabbits to the Livestock code is in response to requests from the public to allow chickens on the smaller parcels within the residential zoning districts of Seward. The current code does not allow for any livestock animals on lots less than 20,000 square feet. This essentially limits livestock to the Forest Acres area of Seward. Through research and discussion the proposed addition to the SCC would follow what other communities, including Anchorage, have adopted for the keeping and rearing of chickens and rabbits. Allowing no,more than 5 chickens (hens) or rabbits by permit will meet the requests of the public. Table 15.10.225. - Land Uses Allowed Table The Land Uses Allowed Table has not been review or updated in many years. The Commission held many work sessions and listened to the comments from the public. The proposed changes reflect the many hours of review and discussion by the Commission. Consistency Checklist: 1. Comprehensive Plan (2020) Yes No NA X 3.7.3 Continue to improve the quality and efficiency of city governmental services. • Continue to revise and update the Seward City Code. 2. Strategic Plan (1999) Goals and Objectives X * Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision Planning and Zoning Agenda Statement Page 4 of 4 The attached City Council Ordinance has been given a courtesy review by the City attorney. Several housekeeping changes were recommended and followed. Seward City Code§ 15.01.035(c)(2)&(3) provides that the Planning and Zoning Commission shall hold a public hearing and forward written recommendations to the City Council before the City Council amends or repeals any land use regulations, or changes zoning or land use boundaries. As per City Code § 15.01.040 Public Hearings; the public notice requirements were met. At the time of publishing this agenda, no public inquiry had been received. RECOMMENDATION: The Commission approve Resolution 2012-05, recommending the City Council adopt the attached Ordinance amending the Seward City Code 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table to change, update and accommodate the wishes of the public. Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-06 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, AMENDING THE DECEMBER 16, 2008 RULES OF PROCEDURE FOR THE PLANNING AND ZONING COMMISSION WHEREAS, the current Planning and Zoning Rules of Procedure was approved by the Commission at the December 16, 2008 meeting; and WHEREAS, the Rules of Procedure was prepared by City staff and many of the provisions were taken from the Seward City Code, Seward City Charter, Alaska Statutes and City Council Rules of Procedure; and WHEREAS, the Commission approved Resolution 2011-15 requesting Council amend Seward City Code (SCC) 2.30.220(a) & (c) changing the Planning and Zoning meeting start and adjournment times by 30 minutes; and WHEREAS, January 23, 2012, City Council approved Ordinance 2012-001 amending the Seward City Code, changing the Planning and Zoning meeting start and adjournment times; and WHEREAS, these code amendments must be reflected in the Planning and Zoning Rules of Procedure; and WHEREAS, several corrections and updates to the Planning and Zoning Rules of Procedure have also been included. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. Seward Planning and Zoning Rules of Procedure are here by amended as follows: (Strikethroughs = deletions and are bold; Underline = additions and are bold Italic) Seward Planning and Zoning Commission Resolution 2012-06 Page 2 of 3 RULE 7. REGULAR MEETINGS. The Commission shall convene regular meetings at 7-.M 7. 00 p.m. on the first Tuesday of each month. [SCC §2.30.220(a)] RULE 8. SPECIAL MEETINGS. (b) The Commission authorizes the administrative official to call a duly noticed special meeting at 7:30 7.•00 p.m. on any third Tuesday of the month if... [the remainder of Rule 8 remains unchanged] RULE 9. WORK SESSIONS. (a) Work sessions convened for the purpose of inquiry and deliberation only. No formal agenda is necessary, and the chair may, in his or her discretion, relax Robert's Rules and other measures designed for conducting formal proceedings. The Commission may not take any action during a speeial meeting noticed and convened as a work session. RULE 10. MEETING LOCATIONS. All regular- meetings of the Commission mus shall strive to be held in the council chambers of the Seward City Hall at 410 Adams Street. Speeial Meetings, including work sessions, may be held in the council chambers, in the seeend floe eenfer-enee room of the Sewiird City Hall or at any other location within the City if that other location is sufficient to accommodate a reasonable estimate of public attendance. RULE 11. ADJOURNMENT OF MEETINGS. (a) The Commission shall not adjourn any regular or special meeting prior to 11,00 10:30 p.m. unless all members of the general public present and wishing to testify have been afforded the allotted time for their presentations and comments. [SCC §2.30.221(c)] (b) The Commission shall adjourn all meetings no later than 11200 10:30 p.m. The time for conclusion of business and adjournment is mandatory. [the reminder of Rule 11 remains unchanged] Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this P day of April 2012. THE CITY OF SEWARD Sandie Roach', Chair Seward Planning and Zoning Commission Resolution 2012-06 Page 3 of 3 AYES: NOES: ABSENT: ABSTAIN: VACANT: Three ATTEST: Johanna Kinney, CMC City Clerk (City Seal) P&Z Agenda Statement Meeting Date: April 3, 2012 To: Planning and Zoning Commission Through: Ron Long, Assistant City Manager/ ;:�? Community Development Director From: Donna Glenz, Planner jovv--(� Agenda Item: Amending the Rules of Procedure for the Planning and Zoning Commission by Resolution 2012-06 BACKGROUND & JUSTIFICATION: At the December 16, 2008 Planning and Zoning meeting the Commission approved Resolution 2008-20 adopting the revised Planning and Zoning Commission Rules of Procedures. The Rules of Procedure utilize the Seward City Code, Seward City Charter, Alaska Statutes and City Council Rules of Procedures. The Rules of Procedure for the Planning and Zoning Commission are a set of rules to guide the Planning and Zoning Commission in carrying out the public process and assist the Commissioners in carrying out the duties of their office. At the December 9, 2011 Planning and Zoning meeting the Commission approved Resolution 2011-15, recommending Council amend the Seward City Code Chapter 2.30. Boards and Commissions to change the meeting start time from 7:30 pm to 7:00 pm and the adjournment time from 11:00 pm to 10:30 pm. Staff forwarded the recommended Ordinance to Council on January 9, 2012 for introduction and enactment on January 23, 2012. Council approved the requested Ordinance change and following a 10 day appeal period the Code change took effect on February 3, 2012. Now that the change to the Code had taken place, the Planning and Zoning Rules of Procedure need to be amended. Staff has brought the following proposed changes forward for the Commissions review and adoption. Staff has also added as necessary any comment or explanation of the proposed change in ARIAL font for clarification, following each item. (Strikethroughs = deletions and are bold; Underline = additions and are bold Italic) RULE 7. REGULAR MEETINGS. The Commission shall convene regular meetings at 7-.30 7. 00 p.m. on the first Tuesday of each month. [SCC §2.30.220(a)] Page 1 of 3 Planning and Zoning Agenda Statement Page 2 of 3 Located on page 4. No further explanation is needed RULE 8. SPECIAL MEETINGS. (b) The Commission authorizes the administrative official to call a duly noticed special meeting at 7-M 7:00 p.m. on any third Tuesday of the month if... [the remainder of Rule 8 remains unchanged] Located on page 4. No further explanation is needed RULE 9. WORK SESSIONS. (a) Work sessions convened for the purpose of inquiry and deliberation only. No formal agenda is necessary, and the chair may, in his or her discretion, relax Robert's Rules and other measures designed for conducting formal proceedings. The Commission may not take any action during a special meeting noticed and convened as a work session. Located on page 4. This deletion of item (b) has been supported by the City Clerk. Work sessions of the Commission may be called at any time and on any day of the month, providing public notice has been complied with. RULE 10. MEETING LOCATIONS. All regular- meetings of the Commission musI shall strive to be held in the Council Chambers of the Seward City Hall at 410 Adams Street. Speeial Meetings, including work sessions, may be held in the council chambers, in the seeend floe eenfer-enee room of the Seward City HaR, or at any other location within the City if that other location is sufficient to accommodate a reasonable estimate of public attendance. Located on page 4. These changes are supported by the City Clerk. Staff strives to schedule all meetings of the Commission in the Council Chambers however there are times of conflict and the City Code does not mandate the location just that the location accommodates the public. The location of the second floor conference room no longer exists. RULE 11. ADJOURNMENT OF MEETINGS. (a) The Commission shall not adjourn any regular or special meeting prior to !1:09 10:30 p.m. unless all members of the general public present and wishing to testify have been afforded the allotted time for their presentations and comments. [SCC §2.30.221(c)] Located on page 5. No further explanation is needed Page 2 of 3 Planning and Zoning Agenda Statement Page 3 of 3 (b) The Commission shall adjourn all meetings no later than M-00 10:30 p.m. The time for conclusion of business and adjournment is mandatory. [the reminder of Rule 11 remains unchanged] Located on page 5. No further explanation is needed There are perhaps several other items within the Rules of Procedure that may need to be reviewed by the Commission in a work session setting. Staff recommends the Commission add this review of the Rules of Procedure to the Commissions priorities list for future review. CONSISTENCY CHECKLIST: Comprehensive Plan (2020) Yes No X 3.7.3 Continue to improve the quality and efficiency of city governmental services. Bullet 1 Continue to review and update of the Seward City Code. (page 27) Staff has received no comments from the public. RECOMMENDATION: Approve Resolution 2012-06 amending the Rules of Procedures for the Planning and Zoning Commission. Page 3 of 3 Sponsored by: Planning and Zoning Commission Introduction Date: January 9, 2012 Public Hearing Date: January 23, 2012 Enactment Date: January 23, 2012 t CITY OF SEWARD, ALASKA ORDINANCE 2012-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE 2.30.220 AND 2.30.221 (a) AND (c) TO CHANGE THE PLANNING AND ZONING MEETING START TIMES TO 7:00 P.M. AND SET ADJOURNMENT NO LATER THAN 10:30 P.M. AND FURTHER CLARIFY THE MEETING ADJOURNMENT REQUIREMENTS WHEREAS, the Commission wishes to have the Planning and Zoning meeting times changed so as to be consistent with the times of the City Council meeting_ and familiar to the public; and WHEREAS, at the November 15, 2011 Planning and Zoning meeting the Commission discussed and requested staff bring forward an ordinance for Council consideration amending the Seward City Code to change the Commission meeting time requirements by 30 minutes; and WHEREAS, sections 2.30.220(a) Meetings and quorum; 2.30.221.(a) & (c) Meetings time restrictions, of the Seward City Code need to be amended to reflect this change; and t WHEREAS, upon enactment of this ordinance, section 2.30.221(a) is amended to further clarify the meeting adjournment requirements of the city; and WHEREAS, in addition to amending the Seward City Code, the Planning and Zoning Rules of Procedure will need to be amended by resolution following the enactment of this ordinance to implement this request; and WHEREAS, at the December 6, 2011 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to read as follows: (ketkeaghs = deletions and are bold; Underline = additions and are bold Italic) Chapter 2.30. Boards and Commissions 2.30.220. Meetings and quorum (a) The Seward Planning and Zoning Commission shall meet at 7 -30 7.00 p.m. in the City Council chambers on the first Tuesday of each month. Special meetings may be 1 held at the call of the chairs or the city manager, and at such other times as the L' commission may determine. [the remainder of SCC2.30.220 remains unchanged] CITY OF SEWARD, ALASKA ORDINANCE 2012-001 2.30.221 Meetings — Time restrictions (a) The Commission shall take no official action or address any other items on the agenda after !1:00 10.30 p.m. The time for conclusion of business and adjournment is mandatory. In the event the Commission's business has not been completed by the time set herein, the Commission may adjourn recess the meeting to another day, call a special meeting to complete the agenda and adjourn, or adjourn. (b) [remains unchanged] (c) The Commission shall not adjourn prior to 11:80 I0:30 p.m. unless all presentations and comments by members of the general public have been heard. Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 23`d day of January 2012. THE CITY OF SEWARD, ALASKA DaStd Seaward �or AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry, Seaward NOES: None ABSENT: None ABSTAIN: None ATTEST: jhanJna Kinney, CMC lerk (City Seal) �.•�(�•'' w © y 4C { �=ii.,Y.i:a1�5Y Memorandum Date: April 3, 2012 To: Planning and Zoning Commission Through: Donna Glenz, Planner (quvu�_r From: Dwayne Atwood, Planning Techniciark-,", Subject: Planning & Zoning Commission April 17 Work Session The Planning and Zoning Commission is scheduled to hold a regular work session at 6 p.m. on Tuesday, April 17. Please note that the Kenai Peninsula Borough Assembly will be holding day- long meetings in City Council Chambers, so the space will be unavailable. The scheduled work session can be moved to the Community Development Department offices on the second floor of City Hall or another location of the Commission's choosing. During the March 28 joint work session with City Council the Commission requested the scheduling of a special meeting to consider a resolution supporting and encouraging a City Council ordinance to amend Alaska Public Offices Commission requirements for local officials. One option is to hold the special meeting at 6 p.m. on April 24, to be immediately followed by the rescheduled work session to discuss proposed changes to Title 15, parking. Recommendation: Staff recommends the Commission poll members for availability of a quorum and schedule a special meeting for 6 p.m. on April 24, to be immediately followed by a work session to review the parking code. City of Seward, Alaska Planning Commission Minutes December 6, 2011 Volume 6, Page 4 6 5 Call to Order The December 6, 2011 Regular Meeting of the Seward Planning & Zoning Commission was called to order at 7:35 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 Dale Butts Cindy Ecklund Tena Morgan comprising a quorum of the Commission; and Ron Long, Assistant City Manager Donna Glenz, City Planner Dwayne Atwood, Planning Technician City Administration Report City Planner Donna Glenz updated the Commission on the following business items: • The Seward City Council, City Administration and the public participated in a City budget work session the evening of December 5, 2011. The budget was to come before City Council on December 12, 2011. • A meeting of the Peninsula Wetlands Functional Assessment Team was scheduled for 10 a.m. to 2 p.m. December 13, 2011 at the K.M. Rae Building. • Community Development Department recently provided support to GMD Development, a Seattle based company that was seeking grant funding for improvements to the Kimberly Court Apartments, GMD was awarded the grant. • Reminder of the cancelled December 20d' work session. Other Reports, Announcements & Presentations -None Citizens' Comments on any subject except those items scheduled for Public Hearing — None Approval of Agenda and Consent Agenda City of Seward, Alaska Planning Commission Minutes December 6, 2011 Volume 6, Page 4 6 6 Motion (Ecklund/Butts) Approve the Agenda and the Consent Agenda Motion Passed Unanimous The following items were approved on the Consent Agenda: November 15, 2011 Special Meeting Minutes Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing Resolution 2011-15 of the Seward Planning and Zoning Commission recommending the City Council amend Seward City Code 2.30.220 and 2.30.221 to change the Planning and Zoning meeting start times to 7:00 P.M. and set adjournment no later than 10:30 P.M. Glenz noted the history of the meeting times for City Council. She noted the resolution requested the City Council to amend the Code regarding the Planning & Zoning Commission meeting start and adjournment times. The code change was to match the City Council times. No comments had been received from the public regarding the proposed time change. Roach' asked if the proposed time change would require action on the part of the Commission to change the scheduled time for work sessions. Glenz stated general work session times were covered by the Planning and Zoning Rules of Procedure and could be amended once the code change was enacted by Council. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (Ecklund/Morgan) Motion Passed Unfinished Business — None New Business Approve Resolution 2011-15 Unanimous Discussion of Commission availability and suggested work session dates in January with Council on Title 15 Code Update City of Seward, Alaska Planning Commission Minutes December 6, 2011 Volume 6, Page 4 67 Glenz explained that the City Council had requested a work session with the Planning & Zoning Commission regarding the proposed Commission changes to Title 15 of the City Code. The proposed changes to the Land Uses Allowed table and Definitions went before the City Council in September, 2011. The City Clerk's Office had suggested the work session dates of January 9, 2012 and January 23, 2012. Commissioners discussed their business schedules and whether they would be able to accommodate the suggested work session dates. Multiple schedule conflicts required an alternative meeting date. Assistant City Manager Ron Long suggested that the Commission offer the scheduled January 17, 2012 Planning & Zoning Commission work session date as an option for a joint work session meeting. Roach' requested staff to research when the City Council requested that updates to Title 15 of the City Code be a priority for the Planning & Zoning Commission. Glenz said the updating of Title 15 had been on the priority list for a number of years, but would research the date. Commissioners further discussed the effort to update Title 15 and the need for a meeting with City Council to explain the proposed changes. Butts asked what the time line would be for approval of the proposed City Code changes, provided a joint work session was held on January17, 2012. Glenz said the March 6, 2012 Planning & Zoning Commission meeting may be the soonest opportunity to approve the proposed Code changes, then City Council could approve the Title 15 changes at the April 23, 2012 regular meeting. Staff was directed to propose that January 17, 2012 be the date for the joint work session with City Council. The second option was to be a date in February, 2012. Informational Items and Reports (No action required) 2012 Meeting Agenda and Cut -Off Dates Commission Comments Commissioner Butts said a member of the community had expressed interest in applying to fill a vacant seat on the Commission. Morgan offered congratulations to Long in his new position as Assistant City Manager and thanked staff for the meeting preparations. City of Seward, Alaska Planning Commission Minutes December 6, 2011 Volume 6, Page 4 68 Ecklund mentioned activities in town, including upcoming auditions for a February theater production. Roach' said she was very pleased that Long was the Assistant City Manager and directing the Community Development Department. She also thanked staff for the work recently completed, including the various City departments that aided the public during recent storm events. Morgan asked if Long would now represent City Administration at the meetings. Long said that Glenz would continue to fill the duty. Roach' said the City of Seward and the Fire Department should make the effort to reiterate fire safety during the upcoming Holiday. Citizens' Comments — None Commission and Administration Response to Citizens' Comments — None Adjournment Meeting adjourned at 8:20 p.m. Dwayne Atwood, Sandie Roach' Planning Technician Chair (City Seal) Proposed Levee Policy New CRS Task Force Out for Public Comment Members FEMA announced in December an opportunity for the public and interested stakeholders to provide feedback regarding the new levee analysis and mapping approach for non -accredited levees. The public will have until January 30 to provide comments regarding this new approach. The "Public Review and Comment" period is being posted through the Federal Register, which is a formal Federal process for receiving, managing, considering, and incorporating accepted comments. To provide comments on the new approach, please visit the Federal Register - Levee Approach and download a copy of the "Revised Analysis and Mapping Procedures for Non -Accredited Levees: Proposed Approach for Public Review." Alternatively, you can visit regulations.gov, search "FEMA-2011- 0025," and download the document. Follow the directions provided on how to submit comments through regulations.gov or submit comments at nfip-levees.gov. Note that comments must be received through one of these channels in order to be considered for incorporation into the approach. Feedback is an important part of FEMA's process for developing the new levee analysis and mapping approach. We strongly encourage all stakeholders to take advantage of this opportunity to review the document and provide comments. For more information on the background and development of the new approach, visit http://1.usa.gov/tzwxjk. Comments are due by January 30, 2012 FEMA has appointed three new individuals to join the NFIP Community Rating System Task Force. Stephanie Holtey, City of Central Point, Oregon; Steve Mitchell, City of Pascagoula, Mississippi; and Greg Main, Indiana Department of Water, have been appointed to represent local government and state government, respectively. Region X Represented Stephanie Holtey, Floodplain/ Stormwater Coordinator for the City of Central Point, Oregon, brings a solid local government zoning perspective, environmental planning, and CRS background to the Task Force. She is originally from the coastal community of Port Angeles, Washington, and is familiar with the unique conditions of coastal hazards. Central Point is an inland riverine community that places a lot of emphasis on the importance of natural floodplain functions protection and community outreach. Stephanie's diverse experience in land use and environmental planning will add insight regarding integration of local environmental programs to achieve land use, floodplain and stormwater management goals. We congratulate Stephanie for this recognition and wish her well in her work on the Community Rating System. Pd*skMAP increasing Resilience Together JANUARY 2012 www.starr-team.com NEWS FROM REGION X January Training Elevation Certificates January 12, 10:00am-12:30pm Due to high demand, STARR is offering this encore two-hour session, which explains the proper way to complete FEMA Form 81-31 and best practices for using the Elevation Certificate in the floodplain development review process. Topics include the basics of the Elevation Certificate form, the 10 building diagrams, and the difference between "bottom floor" and "lowest floor". This session will be repeated in February and March. The March session will highlight special considerations for using the Elevation Certificate in A Zones. Two (2) CECs for CFMs Presenter: Becca Croft, STARR RSC X Two-year Preferred Risk Policy Eligibility Extension January 19, 10:00 AM This session answers to frequently asked questions regarding the effect that revised Flood Insurance Rate Maps (FIRMS) have on existing structures and the mandatory purchase of flood insurance. One (1) CEC for CFMs Presenter: Kristin Minich, Region X Overview of Hazard Mitigation Planning January 20, 2012, 10-1lam This one hour webinar will provide an introduction to hazard mitigation planning for local governments. The training will cover the purpose of local mitigation planning, FEMA requirements, and related grant opportunities. One (1) CEC for CFMs Presenters: Kristen Meyers and Brett Holt, FEMA Region X Why Hydrology Matters January 27, 2012, 10-11am Flooding in the Pacific Northwest can be a result of rainfall, snowmelt, or a combination of these sources. The mountainous terrain and unique meteorological conditions further complicate the issue. Standard hydrologic approaches used in most of the United States may produce significant errors in this region. This presentation will explore various approaches for determining 1 % (100- year) flow rate, discuss which work better than others and why you should care. We will discuss red flags that may indicate that significant extra effort is needed to verify the accuracy of results. One (1) CEC for CFMs Presenter: Ted Perkins, FEMA Region X For more information about upcoming training opportunities, visit our website, www.starr-team.com. Urban Waters Grants The U.S. Environmental Protection Agency (EPA) recently announced it will provide up to $1.8 million for projects across the country to protect Americans' health and help restore urban waters by improving water quality and supporting community revitalization. The funding is part of EPA's Urban Waters program, which supports communities in their efforts to access, improve and benefit from their urban waters and the surrounding land. Urban waters are canals, rivers, lakes, wetlands, aquifers, estuaries, bays and oceans. Many urban waterways have been polluted for years by sewage, runoff from city streets and contamination from abandoned industrial facilities. Healthy and accessible urban waters can help grow local businesses and enhance educational, recreational, employment and social opportunities in nearby communities. By promoting public 2 access to urban waterways, EPA will help communities become active participants in restoration and protection. Funding proposals must be received by EPA by January 23, 2012. EPA expects to award the grants in summer 2012. For information about urban waters small grants, visit them online at www.epa.gov/urbanwaters/funding. PdAMAP Increasing Resilience Together JANUARY 2012 www.starr-team.com NEWS FROM REGION X Understanding Zone D Excerpted from the FEMA Fact Sheet, "Unmapped Areas on Flood Hazard Maps", August 2011. The Zone D designation is used for areas where there are possible but undetermined flood hazards, as no analysis of flood hazards has been conducted. The designation of Zone D is also used when a community incorporates portions of another community's area where no map has been prepared. Flood insurance is available in Zone D and property owners should be encouraged to purchase it. However, flood insurance is not federally required by lenders for loans on properties in these zones. Although these areas are often undeveloped and sparsely populated when designated as Zone D, lenders may become aware that new development in such areas has increased the possibility of property damage from flooding. Consequently, they may require coverage as a condition of their loans, even though it is not federally required. Flood insurance rates for properties in Zone D are commensurate with the uncertainty of the flood risk. t;onsequenuy, as seen in the table Premium Comparison (October 1, 2011 Rates) are constructed on or after the effective date of the initial flood map **Based on $50,000 in building and $20,000 in contents coverage; sggl a family home on a slab with no garage; $1,000 deductible for building and for contents for Zone B, C, X and post -FIRM D; $2,000 deductible for pre -FIRM Zone D ***Based an 550,000 in building and $20,000 in contents coverage; permanently affixed to a lot with no enclosure; S1,000 deductible for building and for contents for Zone B, C, X and post -FIRM D; $2,000 deductible for pre -FIRM Zone D Project Status Update Many projects are on hold awaiting the new guidance for mapping areas protected by levees, but there are a few moving forward. We haven't listed all the active projects here, just the ones expected to change status in the next few months. If you have any questions about a mapping project, email the Region X Help Desk, the address is RegionXHelpDesk@starr-team.com. Page 3 below, the Zone D premiums can be higher than a standard low -risk X zone premiums and significantly higher than the Preferred Risk Policy (PRP) premiums. If an area is being remapped and properties are going from Zone B, C, or X to Zone D, the insurance agent should determine if grandfathering the existing low -risk zone for future rating will provide a lower premium than using the new Zone D premium. Also, since Zone D is not considered an SFHA, a property that was designated in Zone D on the previous map and is newly designated in an SFHA by a map revision effective may be insured under the PRP based on the 2-year PRP eligibility extension. More details on grandfathering and PRP Extension can be found at www.fema.gov, or by attending our January 19 training session (see Training Opportunities for more information). To learn more about flood insurance coverage and options, visit www.FloodSmart.gov. Projects Changing Status In the Next 90 Days* King County CTP h',/ Coastal) PMR 3/15/2012 ntywide ' 1/17/2012 *All dates are projected and subject to change. Questions or comments? If you have something to say about this newsletter, we want to hear from you. Contact the FEMA Region X Service Center. Our email address is RXNewsletter@starr-team.com. P Increasing Resilience Together 1ANUARY 2012 www.starr-tesm.com ' fal'0 • Mitigation Success Stories Alaska A powerful and extremely dangerous storm impacted the west coast of Alaska in November. The system brought storm surge and blizzard conditions that impacted forty-three communities. In Nome, storm surges of over 10 feet peaked and slowly diminished over the next 24 hours. This was not the first time Nome had experienced severe storm surges, but it was the first time they were able to see the beneficial impact of a project to mitigate damage. In Nome, the first recorded storm was in 1900 soon after the city was founded. The storm had winds of 75mph and "towering waves" that left 1,000 people homeless and destroyed the business district and all beach structures. Over the next 45 years, four more storms also wreaked havoc, left people homeless and destroyed downtown. The first large-scale project to reduce damage was in 1949 when the U.S. Congress allocated $1 million to build a seawall. Strong storms topped the seawall in 1973, 1974 and 1992 which led to the expansion of the seawall in 1993. This additional measure helped to protect the city, but high winds and water levels still managed to top the seawall and damage buildings along the seawall and the road east of town. The seawall was 60 years old and existing drainage was inadequate to carry off storm and sea water. Old 12 inch diameter culverts were too small to handle the volume of water, blocked by debris or collapsed. In 2005, the Alaska Department of Transportation and Public Facilities (DOT&PF) Northern Region devised a project to enhance storm drains to protect Nome's business district buildings and facilities. The new drainage system provided 30 inch culverts with sufficient capacity to remove the storm water and sea water carried over the seawall by wind and waves from the streets and return it to the sea. The collaborative project brought together four partners. The seawall is publicly owned and maintained by the City of Nome. The storm drain system is owned and maintained by DOT&PF. The Hazard Mitigation Grant Program was administered by the Alaska Division of Homeland Security and Emergency Management with funds provided by FEMA. The mitigation project was combined with a City of Name street rehabilitation project. "Protecting buildings and infrastructure makes sense. The seawall improvements in Nome prevented damages that could have easily been greater than the cost of the original mitigation project," said John Madden, director of the Division of Homeland Security and Emergency Management. "Winters Continued on next page PdskMAP Increasing Resilience Together FEBRUARY 2012 www.siarr-team.com NEWS FROM REGION X Wtigation Success (cons) in Alaska can be brutal and repairs must often wait until spring. Small Alaskan communities cannot thrive without timely restoration of critical infrastructure. With proper mitigation we reduce the impact of future disasters." According to John Handeland, head of the Nome Joint Utilities System, in the recent severe storms, the project worked quite well. Front Street had little flooding and the water flowed out more quickly. Unlike past disasters, this time there were no traffic diversions, standing water or property damage. "It worked like clockwork." For more information about this project, contact Fred Kunchick, at FEMA Region X, Fred.Kunchick@fema.dhs.gov. Oregon $38 million and counting c...�. Nine Oregon counts hied intial storm N� damage aasesemnnts Mh Oregon ow Emerg— V Management. Marion — $ry,Z MIMwi Benton — $106MMi0n L moln _ 6 Mtge, t;m M $4A MWbn LinnM $2.7 M" Polk 0 U4 MWbn C_$984,070 Moog Rry S850.000 Columbia $320A00 Wind, rain and snowstorms vin January caused an estimated $38 million in damage to nine counties. In addition to heavy rain and melting snowpack, the storm also packed 100-mph winds that brought down trees and power lines on the coast. Columbia and Hood River counties were hit with heavy snow and ice and Coos County had 15.5 inches of rain in 48 hours. The mid -Willamette Valley was especially hard hit. In Salem, roads were closed in as many as 55 places during peak hours of the event. Ten miles to the southeast, more than a hundred homeowners in the small community of Turner suffered flood damage from raging Mill Creek Mary's River near Philomath in Benton County set a new flood crest record; the Hwy 99W bridge was closed for a short time, isolating hundreds of homes and businesses in south Corvallis. m Residents who experienced flooding in 1996 and 1964 mostly agreed that while the flooding this time around wasn't as extreme, the rivers rose more rapidly than they had in the past. The state has requested joint preliminary damage assessments with FEMA and the decision whether to proclaim a Federal Disaster Declaration is expected shortly. If the criteria are met, the State will request both public and individual assistance from the federal government One of the biggest stories of this event might actually be what worked well. The emergency response by community officials has been exceptional. Newer flood risk maps were clearly improved and accurate. Dennis Sigrist, Oregon's State Hazard Mitigation Officer, reports that on preliminary analysis, there are several Hazard Mitigation Grant Program (HMGP) success stories in locations where projects clearly reduced damage from flood waters. FEMA HMGP money is used to fund projects that will reduce or eliminate the losses from future disasters. While not HMGP funded, the Salem Hospital's first floor parking design (with buildings above) worked perfectly, allowing flood waters to flow with no structural damage. Risk -reduction activities, as FEMA's Risk MAP program increasingly emphasizes, are a cost-effective way to build a "disaster -resilient community." In Oregon, mitigation works! —Steve Lucker, Oregon Risk MAP Coordinatar Pa de 2 Successful HMGSPs in Oregon • Home elevations reduced flood damages • Flood -proofing projects (flood gates) at a number of public facilities • Two removed railroad trestles that collected debris and exacerbated flooding • A low berm built at the state penitentiary to deflect flood waters Washington Appeals Court Upholds Floodway Regulations In a recently published opinion, the Washington Court of Appeals reversed a lower court's ruling in a case involving development in a regulatory floodway. In Cradduck v. Yakima County, the court ruled that "a county's reasonable restrictions on development that are calculated to avoid property damage and injury in a designated floodplain do not violate the landowner's right to substantive due process of law. Here, the county of Yakima included a mobile home park in a floodplain based on a history of recent flooding in the area. The effect was to prohibit replacement of mobile homes in the park for those destroyed or otherwise removed. We conclude that this was a proper exercise of police power, and that the park owner's right to substantive due process was not violated." Read the full opinion online at www.courts.wa.gov/opinions, MskMAP Increasing Resilience Together FEBRUARY 2012 www.stlrr-team.com NEWS FROM REGION X King County Residents Surveyed King County's Water and Land Resources Division has released the results of a new customer survey that explores the opinions of King County (Washington) residents about rivers, how rivers are used, and how they are managed. King County used a local research firm last fall to conduct the 2011 River Management Telephone Survey, with a goal of using the feedback to improve river management and communication practices. More than 80 percent of those surveyed believe rivers are important and residents highly value habitat and flood protection and river recreation. The survey results will be used to improve education about flood risk reduction projects, river hazards and river safety. Survey findings are available at www.kingcounty.gov/rivers. For more information about the survey results, contact Saffa Bardaro, Saffa.Bardaro@ldngcounty.gov. February Training (All times PST) Overview of Hazard Mitigation Planning February 10, 2012, 10-11 am Rescheduled due to the January snow event, this one hour webinar will provide an introduction to hazard mitigation planning for local governments. The training will cover the purpose of local mitigation planning, FEMA requirements, and related grant opportunities. One (1) CEC for CFMs Presenters: Kristen Meyers and Brett Holt, FEMA Region X Bevation Certificates February 16, 10:00 am-12=30pm This encore two-hour session, which explains the proper way to complete FEMA Form 81-31 and best Protecting and restoring fish and wildlife habitat should be King County's top priority in river management. (N=703) Reducing flood risks to protect people and property should be King County's top priority in river management. (N=702) Keeping rivers available for recreational activities should be King County'a top priority in river management. (N=700) Pa ge 3 Priorities for River Management 316% 17% 36% 39% .4% 11% 21% 34% 31% 5% 15% 0% 20% 40% 60% 80% 100% 11l disagree DDisa ree 0Neither agree nor disagree l ■Strop I a ree Survey res ponse to Wing County's River Management priorities practices for using the Elevation Certificate in the floodplain development review process. Topics include the basics of the Elevation Certificate form, the 10 building diagrams, and the difference between "bottom floor" and "lowest floor". Two (2) CECs for CFMs Presenter: Becca Croft, STARR RSC X. HAZUS for Mitigation Planning February 17, 2012, 10.11 am This training will provide attendees with the information they need to improve mitigation plans through incorporation of HAZUS-based risk assessments. The training will provide an overview of HAZUS capabilities and resources as well as provide recommendations for incorporating HAZUS risk assessments results into Mitigation Plans. One (1) CEC for CFMs Presenter: Jen Monroe, FEMA Region X Overview of FEMA Hazard Mitigation Assistance (HMA) Grants February 29, 10:00 am •11:00 am This session will provide a basic overview of the Hazard Mitigation Assistance (HMXI grant program and details on funding opportunities for projects that reduce the risk to individuals and properties from natural disasters. We will walk through the application process for each of the 5 grant programs, outline the types of projects that can be funded, provide funding details, and share some success stories and key lessons learned. One (1) CEC for CFMs Presenters: Brandon Sweezea and Jeff Markham, FEMA Region X Far details and registration information, 0sitj.mp/starrtraining. Questions or comments? If you have suggestions fior the Region X Newsletter staff, we would like to hear from youl Please contact the FEMA Region X Service Center by email at RXNewsletter0starrtea m.00 m. Ask the Help Desk! If you have questions about a mapping project, policy changes, mitigation planning floodplain compliance or general questions related to the NFIP, please contact the STARR Region X Help Desk. STARR staff will route and research your question, and respond within three business days. Submit your questions via email, the addfess is RegionXHelpDesk@starrteam.com. PdskMAP Increasing Resilience Together FEBRUARY 201.2 www.s1lar►-tearn•cotn NEVC FROM REGION X New Washington CMZ Poster Now Available The Washington State Shoreline Master Program (SW) Guidelines require counties to identify the general location of Channel Migration Zones (CMZ) as part of the shoreline planning process. Managing development within the CMZ allows for the occurrence of fluvial processes, maintains channel complexity and habitat diversity, and reduces potential damages to infrastructure within hazardous areas. Washington Department of Ecology (Ecology) administers the shoreline program and provides technical assistance to local communities completing SUP updates. As part of SMP technical assistance, Ecology and its partners are mapping the general location of CMZs for more than 500 stream miles within Kitsap, Mason, Clallam and Skagit Counties. The US Environmental Protection Agency provided funding EMI Training opportunity FEMA's new Independent Study (IS) course, &318 Mitigation Planning for Local and Tribal Communities, is now available from the Emergency ManaWment Institute (EMI) IS website (trainingfema.gov/EMWeb/tS/is3l&asp). This training is intended for staff responsible for developing updating, or reviewing local and/or tribal mitigation plans that meet the regulatory requirements found at 44 Code of Federal Regulations (CFR) Part 201. Students will learn about the mitigation planning process, including stakeholder and public involvement, conducting risk assessment, identifying and prioritizing mitigation actions, implementing the mitigation strategy, and updatingthe plan. Plan developers will seam about mitigation planning regulationsas well as FEMA's local or tribal multi -hazard mitigation planning guidance to develop hazard mitigation plan. Plan reviewers will learn to provide recommendations and guidance to develop or update a mitigation plan in accordance with the plan requirements. Pa gB 4 to Ecology to map the general location of CMZs on Puget Sound streams. The objective is to develop and apply a streamlined CMZ mapping approach to meet the requirements of SMP updates. Channel migration is a flood -related hazard to people, property, critical infrastructure, and potential pollutant sources such as waste water treatment sites and old landfills located within floodplains. Where rapid migration occurs, risk to people and infrastructure often is much greater than flooding alone. Developed floodplains and channel migration areas are subject to millions of dollars in infrastructure losses each year from flooding and erosion and many of the ecological processes are impaired or lost. This contrast creates an inherent conflict between land uses and the beneficial services provided by floodplain ecosystems. Control of channel migration processes including channelization, dredging, gravel mining levees, dikes, bank hardening and wood removal has contributed to listing of salmon under the Endangered Species Act. The new poster describes the streamlined CMZ mapping approach developed for SMP planning level requirements and provides examples of mapping results using the streamlined approach. Download a copy from our website, www.starr- team.com, or contact Jerry Franklin, Washington Risk. MAP Coordinator, Jerry.Franklin@ecy.wa.gov. lUskMAP Increasing Resilience Together FEBRUARY 2012 wwwsta"Amm.com NEW& FROM REGION X New USGS Fact Sheet Available A new USGS Fact Sheet, 'Popular Myths about Flooding in Western Washington" (FS 2011-3146) that describes common misconceptions about flooding has been released by the Washington Water Science Center. The fact sheet explains why "100 year floods" happen much more often than every 100 years, that the largest floods cluster in time and space, and how Atmospheric Rivers overwhelm any effects from antecedent conditions (such as lowland snowpack) on the magnitude of flooding. The fact sheet is available on-line at pubs.usgs.gov. Hardeopies are available as well. Contact John Clemens, jelemens@usgs.gov. NORFMA News The Northwest Regional Floodplain Managers Association (NORFMA) will be holding quarterly meetings with FEMA Region X for updates on floodplain mapping issues. The first meeting is tentatively set for March 8th. The Board is looking for meeting topics. The NORFMA Annual Conference will be held in Spokane this fall. Organizers are also planning mini conferences in Idaho and Oregon. For more information or to suggest meeting or conference topics, visit their website, www.norfina.org, or contact Hans Hunger, hhunger@co.pierce.wa.us. Popular Myths about Flooding in Western Washington Floods are the most destruethle natural hazard In the Nadon, causing more deaths anditnmtelal loss /n the 2&h canary than any other natural d(saster. The most slgnokant 20 rtverineflom* of the 20M centuryfor which data are available have killed more than 7,843 people and caused more than S50 biWon (unhylate,9 In damages (Perry. 20". One ofthe more common means ofdescrWag the severity of a flood b a comparison to the 111001year flood " In eke l been paid la th theP=N s"alled "I 1996), his & thefkd rather than jar a region as a whole. Scientists with Ike IUS Geological Suryy have began to investlgare how the likelihood ofJlood ft may be determined on a regional bash, (7iourman and 6ardnger, 2003). MrH: A`tooww'fkodwlyhappomwas every too wen on average sanov". el western Wanhirgton FACT. A"tai-yeai doodhappens about wee evetyih yoen nMo2 Cigkw wwxnpor aaaiaaion an Jamwry 1, taga.lmspq la Mom Ne awense Mewwowpca Sakaaoa Program Spacial Sonar Mnroeawknaeat ISSMnI. Levee Policy Comments Available Online Want to know what everyone is saying about the proposed Levee Analysis and Mapping Procedures? The comment period closed on January 30th, but you still have time to view the 120+ public submissions that are published online. Visit wwwxegulations.gov. community Rating System (CRS) Manual Change Webinars CRS will host another round of webinars starting in February. There will be a mix of sessions on general overviews of the approved changes and individual activities. There will be one or more on 330 and the 600 series. Suggestions for topics are welcome, and CRS users groups can also request a webinar to coincide with their meetings. To download an overview of the proposed CRS manual changes, or for more information on the upcoming webinam visit www.crs2Ol2.org. Page 5 Ft_vwr'_ show, the uain con"ni m the an rhos-e Me oceays of the N'wld (bluk areas ue s where no data air ,hownj n—d eas show where op the warm moot vscal ur ar and the vauow pem ums (.ARs I show bow and where thn -WA av can br worn ed to ht,hrt lanrudrs ern,—,r m pun. War simsv, dtr J11. `(ro AR dui used record fi odmg m W,,hmgtov. wdtWwg , of 1h, a` rrcmd peaks ahoun m figure I Although de s,wl cluster of th,. peaks was nght a somro(d—hrt AR,—d good perks. thry onevtariov rrae<n the hvear r o(theae opts etsvrense sy+tams iltr pr<tmce of substantial bwlavd utowpuk that co dot be gwckly mrited ba a bust oC seun� umd and run can add a —11 prrrennge to the peak amrs. but it a thr rainfall ivtmun avd duration brought bl AR s that crane the Img<st floods H—g across U S hnarwua 5 nau Gawraka, WaaMngton, January 9, 200l. Suggested Reading Levee Safety Connections The National Committee on Levee Safety was created by Congress to develop recommendations for a national levee safety program, including a strategic plan for implementation of the program. The Committee's vision is elan involved public and reliable levee systems working as part of an integrated approach to protect people and property from floods." You can read about their work and successes in their most recent newsletter; it is available for download at www.leveesafety.org. ,,spf?v Pisk MAP Increasing Resilience Together FEBRUARY 2012 www.stiinr team.Mn Washington Coastal Atlas The Washington Coastal Atlas (https:Hfortress.wa.gov/ecy/coastalat las/Default.aspx) makes relevant information easily available for use in coastal and shoreline resource planning and management. Since inception in 1995, it has undergone many changes and upgrades to become what it is today. The Atlas is now used by many people and organizations including local, state, and Tribal government agencies; private contractors; advocacy groups; educators; outdoor recreationalists; and interested citizens. The Washington Coastal Atlas is managed and maintained by the Washington Department of Ecology with funding from the National Oceanic and Atmospheric Administration (NOAA) Office of Ocean and Coastal and Resource Management (OCRM). The data presented on the Atlas comes from many sources and is available through the cooperation and partnership of Federal and state agencies such as the NOAA Coastal Services Center, the Washington Department of Natural Resources, and the Washington Department of Fish and Wildlife. The Washington Coastal Atlas is a participant in the International Coastal Atlas Network. Flood maps were made available through a FEMA grant to Ecology managed by Jerry Franklin of the Shorelands and Environmental Assistance Program. For more information contact Jerry.Frankhn@ecy.wa.gov. National Disaster Recovery Program Database With the development of the National Disaster Recovery Framework (NDRF), FEMA has been working to create systems that can supplement, and not replace, current and ongoing community planning and recovery efforts. To support this effort, FEMA developed a web -based tool, the National Disaster Recovery Program Database (NDRPD), which provides data on different programs to help communities prepare for, respond to, and rebuild after a disaster. This is a tool for members from all levels of government, emergency managers, and planners to find resources provided by federal, state, tribal, and territorial governments, private sector entities, and non- governmental organizations to assist in response and recovery efforts. To apply for assistance or obtain information on the availably of resources, contact the program sponsors and refer to the instructions on each program's website. The Database is available online at www.fema.gov/ndrpd. k the Help Desk! Pd*skMAPj Increasing Resilience Together MARCH 2O12 www.starr-team.com NEWS FROM REGION X Page 2 Recorded Trainings Now Available Many of the past STARR training sessions have been recorded and are now available for online viewing. If you or a colleague missed a session, you can now view it anytime online. Here's a list of available sessions: • Overview of FEMA Hazard Mitigation Assistance (HMA) Grants • Overview of Hazard Mitigation Planning • Using Hazus in Mitigation Planning • Post -Flood Recovery & Substantial Damage Assessments for Planners • Why Hydrology Matters For more information, visit f mp/starrtraining. See `Recorded Sessions" on the left side of the page. Training Opportunities Fundamentals of Building Science Webinar Series Earthquake Hazard Mitigation Design Concepts March 7, 2012, 11:00 am —Noon PT Many of our communities are subjected to various levels of earthquake risk. Even though large earthquakes mostly strike at high seismic regions such as Japan, Chile, New Zealand and west coast of the US, moderate earthquakes such as the recent one in Virginia that typically occur at moderate and low seismic places can still generate serious damage. This one -hour webinar presents an overview of the earthquake hazards and how earthquakes affect buildings and other structures. Following some typical damage from past Questions or comments? If you have suggestions for the Region X Newsletter staff, we would like to hear from youl Please contact the FEMA Region X Service Center by email at RXNewsletter@starr-team.com. earthquakes, the webinar introduces the basic concepts of earthquake - resistant design for new and retrofitted buildings along with some examples. It also provides some highlights of the engineering design standards and the national model building codes and some recent FEMA NEHRP publications. Target Audience Disaster planners, mitigation specialists, community policy and program coordinators, and those who perform damage assessments and develop mitigation options for buildings damaged by earthquake. Flood Hazard Mitigation Design Concepts March 28, 2012, 11:00 am —Noon PT Floods are the most common hazard in the United States, representing more than 70 percent of Presidential disaster declarations. Flood damage can range from minor cosmetic damage to catastrophic structural damage depending on a variety of factors, such as flood source and depth. This one -hour webinar briefly introduces those factors and discusses the concepts behind flood damage -resistant construction and retrofitting. Mitigation applications for residential and commercial construction, critical facilities, utility systems, and manufactured homes are introduced. Applicable code and regulatory requirements are presented, and FEMA Building Science resources are recommended for more in-depth information. Continued on next page M 0 s MAP Increasing Resilience Together MARCH 2O12 www.starr-team.com NEWS FROM REGION X Training Opportunities (cont.) Target Audience Disaster planners, mitigation specialists, community policy and program coordinators, and those who participate in damage assessments and the development of mitigation options for buildings damaged in flood events. STARR Training Series Elevation Certificates for A Zones March 15, 2012, 10:00 am-12:30 pm This two-hour session explains the proper way to complete FEMA Form 81.31 and best practices for using the Elevation Certificate in the floodplain development review process. Topics include the basics of the Elevation Certificate form, the 10 building diagrams, and the difference between "bottom floor" and "lowest floor". The March session will highlight special considerations for using the Elevation Certificate in A Zones without a Base Flood Elevation and will focus more attention to Section E and working with relative elevations. Two (2) CECs for CFMs Presenter: Becca Croft, STARR RSC Idaho Hazus Overview Boise, Idaho March 22-23, 2012 This course will provide an overview of Hazus tools such as CDMS and the earthquake and flood modules. Training topics include how to update Hazus with local data and how to complete flood and earthquake analyses using shake maps and flood depth grids. The course will focus on data for Ada County, but the same principles apply to any community. Communities are encouraged to bring their own local data for use in the course. Prerequisites: GIS experience and the Hazus-MH Overview Course (available free online through ESRI). All attendees are required to bring a laptop loaded with ArcGIS 9.3 or 10 and Hazus MR5 or 2.0. Hazard Mitigation Planning 201 April 6, 2012, 10:00 am -11:00 am As a follow up to the Hazard Mitigation Planning Overview, this training will cover mitigation planning in greater detail. The target audience will have a basic familiarity with mitigation planning and knowledge of their local mitigation plan. There will be ample time provided for questions and discussions. Attendees may submit questions or requests for topics prior to the training session. One (1) CEC for CFMs Presented by Kristen Meyers and Brett Holt, FEMA Region X For details about upcoming trainings, visit our Region X event calendar, www.starr-team.com. NORFMA News The Northwest Regional Floodplain Managers Association (NORFMA) is in an exciting growth period, expanding what they do and the number of communities they serve. The association is strengthened and is more useful to communities in the northwest with a diverse group of volunteers. There are opportunities to get involved in planning not only the next annual conference in Spokane but also in developing mini conferences in both Oregon and Idaho. NORFMA is also hoping to develop webinar activities for Alaska and has a committee that is working on applying to become a chapter of ASFPM. Other opportunities are with the Policy Committee which recently submitted comments on the NFIP Levee Mapping policy. For more information and a list of NORFMA committees, visit www.norfma.org.'- TARR Pdsk1=Vm1A0x` Increasing Resilience Together MARCH 2O12 www.starr-team.com Seward Highway Bridge Repair Wednesday, March 28 Update: • Expect daily SINGLE -LANE TRAFFIC, short DELAYS and 24-hour flagging operations on the Seward Highway, at Trail River Bridge, Monday through Saturday, until April 21. • Be alert to heavy equipment and construction workers on the roadway and shoulder. Memorandum CITY OF SEWARD COMMUNITY DEVELOPMENT Date: November 15, 2011 To: Planning & Zoning Commission Through: Donna Glenz, Planner From: Dwayne Atwood, Planning Technician Subject: 2012 - Planning & Zoning Meeting Schedule This memo is to provide a schedule of the Planning & Zoning Commission Meetings for the calendar year 2012. Unless otherwise noted the P & Z regular meetings will begin at 7:00 p.m. The "Scheduled Special Meetings" shall be held ONLY if a Public Hearing item is on the agenda and will commence at 7:00 pm, otherwise the gathering will be held as a work session commencing at 6:00 pm. Month Regular Meeting Special P&Z Meeting for Public Hearings 7:00 pm January February March April May June July August September OR scheduled Work Sessions Commence at 6:00 pm January 3 January 17 February 7 February 21 March 6 (Note: March 6 Flood Board Work Session at 6:00) March 20 April 3 May 1 June 5 3Ay-3 CX'd August 7 September 4 October October 4 (Thursday) November November 8 (Thursday) December December 4 April 17 May 15 (Note: June 5 Flood Board Work Session at 6:00) June 19 July 17 Special Meeting August 21 (Note: September 4 Flood Board Work Session at 6:00) September 18 October 16 (Borough & Local Elections on October 2) November 20 (National Election on October 6) (Note: December 4 Flood Board Work Session at 6:00) Deee. a CX'd January January 3 January 15 If you have questions or concerns or cannot attend, please call 224-4049 or email datwood(&cityofseward.net. MEMORANDUM City of Seward Community Development Date: April 3, 2012 To: Seward Planning and Zoning Commission Through: Donna Glenz, Planner From: Dwayne Atwood, Planning Technician WA Subject: Reminder of April 17, 2012 Kenai Peninsula Borough Assembly Meeting The Kenai Peninsula Borough Assembly will conduct day -long meetings in Seward on April 17, 2012 in City Council Chambers. Please note that the meeting schedule and agenda will be available as the date nears at: http://www.borough.kenai.aLus/assemblyclerk/ RECOMMENDATION: Please note the April 17, 2012 Kenai Peninsula Borough Assembly meeting date Donna Glenz From: Johanna Kinney Sent: Wednesday, February 22, 2012 6:43 PM To: Christy Terry; David Seaward; Jean Bardarson; Marianna Keil; Ristine Casagranda; Vanta Shafer, Bob Linville; Bruce Jaffa; Carl Hughes; Darryl Schaefermeyer; Deborah Altermatt; dkoliver@alaska.edu; Steve Fink; Catherine Richardson; Linda Lasota; Monica Hinders; PESA@gci.net; Ryan Reynolds; Cindy Ecklund; Dale Butts; Sandie Roach; Tena Morgan Cc: Jim Hunt; Brenda Ballou; cbrooking@akatty.com; Tember Eliason; Patricia Linville; Suzi Towsley; Mack Funk; Ron Long; Donna Glenz; Dwayne Atwood Subject: OMA and what it means to you! Hi Council and all Boards and Commissions, I've been getting some questions over the last few months about the Open Meetings Act and I thought I am probably overdue to give all elected and appointed officials a little refresher course, since we have some new people and it is good information to reiterate anyway on a regular basis. If you think this is directed at you, have no fear, I explain the OMA on a pretty consistent basis! It's not just you. O In a nutshell, the Open Meetings Act (OMA) is a state statute that requires actions and conversations of a governmental body to be done in the public light. The reasoning behind it makes sense — you have been elected by the people of Seward, or appointed by the council who represents the people of Seward, so the conversations you have about city business should be done in a public manner. Your meetings are legally noticed so the public has the opportunity to be made aware and to be present for your conversations and actions involving the City of Seward. Briefly, OMA defines a meeting as a gathering of more than three members of a governmental body. So it is permissible for you to talk to two other members on your email, on the phone, or face to face. But if that email, phone call, or face to face conversation extends to a fourth person or more, conversations should cease and should take place in a public meeting that was properly noticed. This can be referred to as a "serial meeting" and I will explain this more in a minute. Since the OMA was enacted, certain things have been further clarified over the years to constitute a meeting. One of them is through email. If the body is interacting through email, case law has determined that to be in fact a conversation and therefore a meeting. This would be considered an unnoticed meeting and likely a violation of the OMA. So you will see me from time to time remind you of this and if I see it inadvertently happening I will point it out. Have myself or your staff act as a disseminator of information and if feedback is needed (say to schedule a meeting), reply to that city personnel only. The other clarification is "serial meetings", which I believe case law has also determined to be a violation of the OMA. A serial meeting would be a conversation occurring between three or less members, which is allowable, but then one or more of those members extending beyond that conversation and relaying it to a fourth (or more) member. That is considered a serial meeting and quite likely would be determined a violation. The idea is to avoid passing the same information along one person at a time — that does not exempt you from the requirements of the OMA. Again, the whole point is the public should be aware and have the opportunity to be present for your conversations about the city. Another thing to remember is emails are public and we have had some recent requests to review public official emails. Please note these are public, and you should be maintaining your emails for at least a year in whatever format you prefer. It is advisable to have an @cityofseward.net email account for all city related business so you can separate your personal from city emails. Please note that your personal email is still subiect to public review if you are still discussing city business on it (Sarah Palin's personal emails are a good example of this). I advise you to keep your personal and city emails separate, and if you would like a city email address, just let us know and we will set you up with one. Also, I have been told by the attorney that it is unlawful to delete emails or records once a record request has been made for such documents, so I strongly recommend you do not do that! Again, this is OMA in a nutshell and my abbreviated version of it. If you would like to discuss this in further detail, just let me know. I can also refer you to the Open Meetings Act if you would like to review it yourself. And something totally off topic —the Planning and Zoning Commission has four members on their seven person board. If everyone could try to recruit one person, maybe we'll get a couple of interested citizens. Applications and financial disclosure statements can be found in the Office of the City Clerk and they must be residents of the city. Let's help out this commission and big thanks to the four that are diligently carrying the torch! After this email, I probably don't need to say it, but I will — please do not "reply afl" to this messaae. O Johanna Kinney, CMC City Clerk, City of Seward Post Office Box 167 Seward, Alaska 99664 p:.907.224 4045 f 907.224 4038 e:,i�cinney� cil��ofsewar-dnet web: www. cityoAcward. us April 2012 April 2012 May 2012 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 5 8 9 10 11 12 13 14 6 7 8 9 10 11 12 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Apr 2 3 4 5 6 9:30am Staff Meeting 12:00pm PACAB Meetin 9:0Oam Coast Guard; S 11:00am Project Meetin 6:30pm Fire Departme 7:00pm P&Z Meeting N a Q 9 10 11 12 13 6:00pm CC WS; Anima 9:30am Staff Meeting 12:00pm Seward Comm 7:O0pm City Council M 11:00am Project Meetin 16:30pm KPB Road Ser rn a Q 16 17 18 19 20 KPB Assembly Meetin : 9:30am Staff Meeting 9:00am Social Security 1:30pm RFP Opening F 11:00am Project Meetin 12:00pm PACAB Work S 0 6:00pm P&Z Work Ses 6:30pm Historic Preser a Q 23 24 25 26 27 7:00pm City Council M 9:30am Staff Meeting 11:00am Project Meetin N M N Q Q 30 May 1 2 3 4 9:30am Staff Meeting v 0 m Q Q City Calendar 1 3/30/2012 8:48 AM May Junee 12 May 2012 TuWe T2 SuMo TuWe h Fr Sa SuMo TuWTh Fr Sa Th 1 2 3 4 5 1 2 6 7 8 9101112 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 Monday Tuesday Wednesday Thursday Friday Apr 30 May 1 2 3 4 11:00am Project Meetin 12:00pm PACAB Meetin 7:30pm P&Z Meeting v 0 m o. Q 7 8 9 10 11 9:30am Staff Meeting 12:00pm Seward Comm 1-4 11:00am Project Meetin 14 15 16 17 18 7:00pm City Council M 9:30am Staff Meeting 12:00pm PACAB Work 5 9:00am Social Security 11:00am Project Meetin 6:30pm Historic Preser 00 1-4 6:00pm P&Z Work Ses v 21 22 23 24 25 9:30am Staff Meeting 11:00am Project Meetin Ln N T 28 29 30 31 Jun 1 Offices Closed ;Memo `� 9:30am Staff Meeting 11:00am Project Meetin 7:00pm City Council M rN N T City Calendar 1 3/30/2012 8:48 AM