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HomeMy WebLinkAbout2001 Planning & Zoning MinutesCity of Seward, Alaska Planning Commission Minutes January 2 2001 volume 5, Pagel53 Call to Order The January 2, 2001, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Ron Niebrugge. Opening Ceremony Larson led the pledge of allegiance to the flag. Roll Call There were present: Ron Niebrugge, presiding, and Carol Griswold Lynn Hohl Kristi Larson Kelly Martin Tom Smith Hugh Darling comprising a quorum of the Commission; and Scott Janke, City Manager Rachel James, Planning Technician Linda -Rae Olsen, Planning Clerk Absent were: None Special Reports City Administration Report Janke mentioned the Council workshop to finalize the legislative priority list for State and Federal programs would be held Thursday, January 4`h, everyone was invited to attend. He noted that the Japanese Creek Levee was almost complete. Janke reported that he and several City officials traveled to Seattle to sell the bond for the Harbor project and while there they toured the float manufacturing plant, he noted that the floats for the project were on schedule. James reported that the Seward Small Boat Harbor Plat was recorded, and that project was now complete. She mentioned that there was an Alaska Planning Association Commissioner training program in February for any interested Commissioners. She noted that Commissioner's Smith, Darling, and Niebrugge's terms were coming up in February, applications were before them if they would like to reapply or pass them to someone they would recommend. James reported that a Land Use Plan work session was scheduled for January 25, 2001. This meeting was scheduled in place of the normal January 10' work session. City of Seward, Alaska Planning Commission Minutes January 2 2001 Volume 5, Page154 KPB Planning Commission Report, Lynn Hohl submitted a written report of the Borough Planning Commission meeting. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those on the Agenda Tom Bryan, Glacier Sign and Lighting, 9330 Struts Ave, Anchorage, Alaska stated that on behalf of Safeway Inc./Eagle Quality Center, he had requested a sign variance for a 75 s.f. internally illuminated freestanding sign. He noted that this was a nicely designed sign that would not detract from the aesthetics of Seward. In answer to questions from the commissioners, he stated that the requested size was in accordance with Safeway's standard sign format, calculated by the size that could be read at a particular distance at a particular height. He further noted that there was a possibility that items such as wood and flower planters could be incorporated into the design. In answer to a question from Martin he stated that different parts of the sign were designed to withstand 150 - 250 mile per hour winds. Carol Chaudier, 1129 Cliff View Place, made note that large corporations do conform to the requirements of the towns that they locate in. She mentioned McDonalds and Burger King conforming to sign and building design standards when they did not fit into their normal corporate format. She reiterated that our sign ordinance was there for a reason, the planning for the image that Seward wanted had already been done and the Planning Commission should not feel pressured to grant variances. Approval of Agenda and Consent Agenda Hohl requested that item 10A, Pending Planning and Zoning Commission Agenda Items be taken off the consent agenda. Griswold requested that Item 9A December 5, 2000 Regular Meeting Minutes be taken off the consent agenda. Motion (Martin/Larson) Approve the Agenda Motion Passed. Public Hearings Without objection Presentation and review of the preliminary design plan for the city -owned property located at the corner of Fourth Avenue and Adams Street Janke introduced Carol Chaudier as the designer of the initial plan for the park at 4' and Adams. He noted the amount of work that had been put into the design. He added that the administration would like P&Z to make a recommendation to the Council on the park before the end of February so that work could begin in the spring. He further noted as a reminder that the Commission was charged with the process of choosing a name for park. City of Seward, Alaska Planning Commission Minutes January 2 2001 Volume 5, Page155 Carol Chaudier,1129 Cliff View Place gave a presentation to the Commission on the initial design of the new downtown 4' and Adams park. She expressed a desire to hear from the public and the commission on any ideas for the park design. Chaudier noted that the park was being designed so that it could be built in stages as the funds were available. She recommended that the first phase of construction include: the retaining wall, grading of the lot and installation of the restrooms. Griswold commented on the importance of designing the park to discourage use by skateboarding enthusiasts. Janke reiterated that the City purchased the property to help revitalize the downtown area, as well as to provide public restrooms, and a covered bus shelter for tourists. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard and the public hearing was closed. Review of the current status of the Jesse Lee Home, and discussion of the options available to the City regarding the future of the Jesse Lee Home properties. Janke gave an overview ofthe current situation ofthe Jesse Lee Home property between the City and the current owner Frank Irick. He stated that the City was in a foreclosure issue with the owner and summarized the different scenarios that might occur in the process ofthe City getting the property back. He noted that there would be liability issues that come with ownership ofthe property and further noted that the three options for the City had if they took ownership were as follows: to sell the property, to restore it, or to set the property aside for public use. He recommended having a work session with one of the city attorneys in attendance to advise the commission and to answer questions on the legal aspects of the property. In answer to questions from the commission, Janke noted that past engineering reports were a cursory review, not full structural engineering inspections. James reiterated the zoning and land use options available for this property. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Stu Clark, 1129 Cliff View Place, asked for a clarification on what would happen if the city did nothing, the Kenai Peninsula Borough foreclosed on the property and wanted to turn it over to the City. Did the city have to accept the property from the Borough. Janke reported that the City was looking into the question on whether they can refuse to accept the property from the Borough. Tim Szawinski, Woodland Hills Subdivision, noted that there were two important historical aspects to the Jesse Lee Home property; the building itself and as the site of the first Alaska State City of Seward, Alaska Planning Commission Minutes January 2, 2001 Volume 5, Page156 Flag raising. He stated that restoration money was available, making reference to $14,000,000.00 from the National Endowment of Humanities that went into restoring historic buildings last year. He commented that possibly the State of Alaska could be encouraged to become involved in restoration due to the fact that this was a state historic site. He reiterated the emotional aspects of the property and encouraged the City and residents of Seward to be more creative in raising the monies to restore it. Stu Clark 1129 Cliff View Place, noted that many residents of the community have made reference to money available to restore the building, he suggested these residents make the owners of the building aware of the financial help available. He commented on the fact that past owners had not been able to implement viable plans to restore and operate a business on the site. Janke reiterated that the city administration did not favor any particular option, and that this was the first step in reviewing all of the options available. He noted that the current owner had explored tax incentives available when restoring a historic building and found that those available would not amount to much help. He further noted that there may be environmental issues that arise in the restoration process, such as, asbestos and/or oil in the ground. Roger Long, 602 4`h Avenue, stated that he was interested in the Jesse Lee Home and finding a way to restore it. He reported that he had sent information to a firm in Boston that writes business plans for non-profit organizations, and they concluded that it would be a viable project, however they need more engineering information and they stressed the importance of strong local support. He reported that he was researching the idea of a consortium of non-profit organizations who could use their grant writing capabilities to make it a viable proposition. He voiced interest in any information available on the situation. He emphasized the fact that for a project such as this to work it had to have strong local community support. No one else requested to be heard and the public hearing was closed. After much discussion about the aspects and costs of restoring the buildings or clearing the property the Commissioners agreed to take a field trip to the site to see the building and the property and to set up a work session with the city attorney to discuss the options available. Note: The Chairman suggested taking New Business, Resolution 2001-03, denying the sign variance request by Glacier sign and Lighting out of order to accommodate the representative from out of town. New Business Resolution 2001-03, denying the sign variance request by Glacier Sign and Lighting for Safeway, Inc. to allow an oversize freestanding, internally illuminated sign on Lot 6A, Block 3, Jesse Lee Heights Subdivision James reviewed the staffreport included in the agenda packet and recommended Commission approval of Resolution 2001-03 denying the variance request. City of Seward, Alaska Planning Commission Minutes January 2 2001 volume 5, Page157 Motion (Darling/Griswold) Approval of Resolution 2001-03 Darling noted that perhaps the sign ordinance was too strict, he believed the commission should take a look at changing the ordinance rather that give a variance. Griswold agreed with the findings, and noted that since the property had good visibility along the highway she did not believe a variance was necessary. She also expressed concern that the sign would create a hazard to vehicle traffic in the parking lot. Smith noted that the competition was limited in Seward, therefore the necessity of a larger sign wasn't necessary. Larson stated that she was in agreement with the sign ordinance as it was and didn't believe a variance was necessary. Niebrugge noted that the findings of fact pointed out that the requested variance was not necessary. Motion (Hohl/Griswold) Amendment to Resolution 2001-03 to change the wording in the findings of Sec- tion 1, C to read: Granting the request is inconsistent with ... Motion Passed Unanimous VOTE ON RESOLUTION 2001-03 AS AMENDED Motion Passed Public Hearings Cont'd. Unanimous Resolution 2001-01 recommending that the City Council authorize the disposal of a portion of city -owned Tract B, Park Place Subdivision to Brad Snowden in exchange for a right-of-way dedication to Huhn Lane from Lot 1A, Block 7, Snowden Subdivision James reviewed the staffreport included in the agenda packet and recommended Commission approval of Resolution 2001-01. James and Janke answered numerous questions from the commissioners concerning the property, road placement, and the inequality of property sizes to be traded, and if there were any other options available. It was noted that the maps used in the agenda statement to depict the site were very confusing. There was concern voiced about losing a forested area of the city owned Two Lakes Park. City of Seward, Alaska Planning Commission Minutes January 2 2001 Volume 5, Page158 Hohl stated that she may have a conflict of interest because she had written the letter to the City for Mr. Snowden. Niebrugge ruled no conflict of interest as Hohl would have no personal financial gain from the outcome of the issue. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Stu Clark, 1129 Cliff View Place, spoke against the trade, he believed that there was no reason the city had to make a trade noting that there was enough room on the existing gravel road for vehicles to make the turn at the corner. Carol Chaudier, 1129 Cliff View Place, brought up the fact that the City may have water and sewer along that curve, she felt that if the City had to make a trade, the exact same square footage or perhaps a piece of property sightly larger, could be traded while leaving a buffer of trees between the new lot and Hulm Lane as park. No one else requested to be heard and the public hearing was closed. In answer to questions from Martin, Janke reported that Mr. Snowden had requested that a trade be made to take care of the problem. Motion (Darling/Martin) Approval of Resolution 2001-01 After discussion the commission decided to postpone the issue in order to take a field trip to the site and possibly negotiate with Mr. Snowden. Motion (NiebruggeiDarling) from. Postpone Resolution 2001-01 The commission agreed that they would like to see more options made available to choose Motion Passed Unanimous Unfinished Business - none New Business December 5, 2000 Regular Meeting Minutes Motion (Griswold/Martin) Postpone approval of the December 5, 2000 Regular Meeting Minutes to the February 6th, 2001 meeting. City of Seward, Alaska Planning Commission Minutes January 2, 2001 Volume 5, Page159 Griswold noted that she believed that the public was under the impression that the public hearing on the vacation of Railway Ave was also to cover the University's sale of the 2.5 acres and the proposed multi -use facility, since the University had advertised that by email. She asked that her statement on page 28 of the December 5, 2000 minutes be changed to reflect that. Hohl stated that she requested that a parking code review be done by the Community Development office on the harbor parking plans before they were finalized and she would like this reflected in her statement on page 31 of the December 5, 2000 minutes. VOTE ON MOTION TO POSTPONE Motion Passed Unanimous Informational Items and Reports Pending Planning and Zoning Commission Agenda Items Hohl noted that the Comprehensive Plan specifically recommended greater enforcement of the sign ordinance, and therefore should be included on the list. She mentioned several more items that she would like to see added to the list including the replat of Two lakes Park and Waterfront Park. Janke noted that we do not have a code enforcement officer on staff and enforcement takes a lot of time, he also pointed out that the city code does not have the teeth to back up enforcement. He advised the commission that this was a fluid list to be added to all the time. The list was to be a reminder of projects that need to be done. He mentioned Jesse Lee Home and the 4'h and Adams Park as items to be added. Griswold noted that she would like to see Hemlock Road encroachment, the multi -agency facility, and the Jesse Lee Home added to the list. Larson mentioned that the Herman Leirer Industrial Subdivision replat could be added. Commission Comments Larson thanked Carol Chaudier for her presentation of the 4' and Adams Park, she also thanked the staff, noting that the packets have been getting out early and she appreciated that. Griswold encouraged on the staff to spend more time on good maps. She requested more notice of public hearings. Darling thanked Carol Chaudier for her excellent presentation and the work she had put into the design of the 4"' and Adams Park. City of Seward, Alaska Planning Commission Minutes January 2, 2001 Volume 5, Page160 Hohl concurred with Laron and Darling on the excellent work done on the Park design. She questioned whether it would have been appropriate for the Commission as a whole to have made public comment on the sale of the University property. Smith commented on the importance of having in writing an agreement between the city and the federal government agencies that the local city code would be abided by, in the sale of the University property and the building of the proposed new multi -use facility. Janke reiterated that the city had made a request of the University that a deed restriction making the Federal government comply with the local code be included in the sale of the property. Hohl reiterated that she would like the commission to be able to form an opinion and make comment on an issue as a group. The Commissioners discussed the lack of opportunity for public input on the new multi -use facility and that they would like to see more. Smith noted that it took the commission a long time to get projects done. He suggested work groups of sub -committees to handle the initial work related to many different projects and bring information back to the whole group. He noted that everyone had different times of the year that were busier than others depending on what business they were in. He added that he would like to see discussion on that idea at the next work session. He thanked Carol Chaudier for her work on the park design. Martin concurred with the other commissioners on the beautiful design work done by Carol Chaudier. She noted that she was very excited about Jesse Lee Home being on the agenda, she thanked Tim Sczawinski for his input on the Jesse Lee Home. Niebrugge thanked Carol Chaudier for her work on the park design. He questioned whether people could be put on the e-mail list to get notices from the city for public hearing items if they wanted to. Citizens' Comments Stu Clark, 1129 Cliff View Place agreed with the commission that there had not been enough public hearing about the multi -agency facility and its affects on the community. He concurred with the importance of the city having an agreement with the University to include the deed restriction in the sale of the property to the federal government. Commission & Administration Response to Citizens' Comments Janke stated that although everyone was frustrated with the maps, they were what was available. He noted that staff was examining options to obtain mapping capability. Adjournment City of Seward, Alaska Planning Commission Minutes January 2 2001 Volume 5, Page161 The meeting was adjourned at 10:55 p.m. Y Linda -Re Olse PlanningaCleerk n ��•�`��l �� E Chairman •,,,i� Niebrugge ..� �' •� ••Q ,0 (City Seal) gal oft,o i SEAL of �v .....e..• • City of Seward, Alaska f'181114WO Planning Commission Minutes February 6, 2001 Volume 5, Page161 Call to Order The February 6, 2001 regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Ron Niebrugge. Opening Ceremony Martin led the pledge of allegiance to the flag. Roll Call There were present: Ron Niebrugge, presiding and Hugh Darling Carol Griswold Lynn Hohl Kristi Larson Kelly Martin Tom Smith comprising a quorum of the Commission; and Rachel James, Planner Christy Terry, Assistant City Clerk Absent were: 12 .1'i'1� --! Special Reports and Presentations City of Seward, Alaska Planning Commission Minutes February 6, 2001 Volume 5, Page162 City Administration Report - James stated that the City Manger and the Mayor were in Washington D.C. promoting Seward's Federal Legislative Priorities, she noted that copies of the State and Legislative Priorities were available. She shared Representative Lancaster's bill relating to the state acquiring the Jesse Lee Home property. James stated that the next work session would focus on the Jesse Lee Home in order for the commission to provide recommendations to council. She reminded the Commission of the Economic Development training on Wednesday. James revealed that three individuals had applied for the three upcoming Planning and Zoning vacancies: Marrianna Keil, Pat Sterling, and Tom Smith. In response to questions from the Commission, James clarified that Rep. Lancaster's bill did not allocate funds for the Jesse Lee Home and only asked the State Museum to look into the situation and give an opinion. James stated that Jeanne Galvano would not be able to present at tonight's meeting due to illness. KPB Planning Commission Report Commissioner Hohl submitted a written report of the Borough Planning Commission meeting. Multi -Agency Facility Project update from Anne Castellina, Kenai Fjords National Park Superintendent Anne Castellina, Kenai Fjords National Park Superintendent, gave an update on the multi - agency facility. Dan Lentz, Forest Service Recreation Lands Officer, was also available for questions. In response to questions from the Commission, Castellina stated that the Environmental Assessment should be done this year and currently 20 additional parking spaces are indicated as needed. She stated that if the current parking lot could not be reconfigured, then the agencies had made a commitment to purchase additional land for off site parking. She clarified that the historic cottonwood trees to the south would not be impacted. Castellina promised to return with an update. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those on the Agenda Stu Clark, 1129 Cliff View Place, stated that the design plans for the city -owned property at 4' and Adams were being worked on and should be completed in a week. Approval of Agenda and Consent Agenda Motion (Martin/Larson) Approve the Agenda and Consent Agenda. Motion Passed Without objection The Chairman noted that the December 5, 2000 regular meeting minutes were approved as written on the consent agenda. Public Hearings City of Seward, Alaska Planning Commission Minutes February 6, 2001 Volume 5, Page163 Resolution 2001-01 recommending that the City Council authorize the disposal of a portion of city -owned Tract B, Park Place Subdivision to Brad Snowden in exchange for a right-of-way dedication to Huhn Lane from Lot IA, Block 7, Snowden Subdivi- sion James, noted that there was a motion on the floor to approve this resolution. James reviewed the issue and stated that the administration had provided more options based on suggestions from the Commission. She clarified that originally Karin Sturdy, Parks and Recreation Director, was concerned about negotiation with Tract B because it could have been tied with grant money which required the property remain a park in perpetuity, but after further review Tract B was never included with the grant in question. James reviewed each option included in the agenda packet and stated that the administration recommended option A. In response to Griswold, James stated that there was no process identified in the easement document for the city to terminate the access easement that had been previously granted on this property. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Pat Sterling, Seward Small Boat Harbor, supported option B which provided an equal exchange of property. He felt that Mr. Snowden should have an advantage in the trade because the City did make a mistake, but the advantage should not be as large as option A proposed. Stu Clark, 1129 Cliff View, supported option B. No one else requested to be heard and the public hearing was closed. Hohl stated that when she spoke with Karin Sturdy earlier that day, Sturdy felt that Tract B should remain a park. Griswold supported the view of the public speakers and stated that this lot was still an intrinsic part of the Two Lakes Park. Smith supported option B. Larson's impression of the area was that most of the trees were on Mr. Snowden's property already. Niebrugge stated that if the lot line was moved south, then more of the trees would be on his property. James reminded the conunission that there was an encroachment on Mr. Snowden's property and the City had to take responsibility for that. She stated that there should be a compromise so that both parties were satisfied with the outcome. James expressed her concerns that this issue could become even more complicated if Mr. Snowden did not support the option the Commission recommended to Council. City of Seward, Alaska Planning Commission Minutes February 6, 2001 Volume 5, Page164 Smith stated that the City should advocate for the outcome they want and negotiate from there. Martin clarified that option A was the motion on the floor and stated that the commission should advocate for the best option for the community. James stated the administration's recommendation for option A was a win -win for all the parties involved. Darling agreed that the City was not arguing from a position of strength, but stated that the City should only trade square footage for the same amount of square footage. In response to Niebrugge, James stated that Council would have to authorize the City Manger to negotiate the disposal of the land in question, and this was the opportunity for the Commission to have input. Griswold stressed that this proposed disposal was square footage of a community owned public park. Motion(Griswold/Smith) Amend Section 1 of Resolution 2001-01 to read, "The Commission hereby recommends that the City Council authorize the disposal of city land in an equal exchange for a ± 1,700 square foot right-of-way dedication to Hulm Lane from Lot 1A, Block 7, Snowden Subdivision as illustrated on the attached option B and subject to the City:..." Griswold stated that this amendment provided a buffer for the park and reflected public input. Smith stated that this was a good starting point to negotiate from. Niebrugge stated that this amendment sent the signal to minimize the City land exchange in land trades. VOTE ON THE GRISWOLD AMENDMENT Amendment Passed Yes: Griswold, Larson, Hohl, Smith, Niebrugge No: Darling, Martin VOTE ON RESOLUTION 2001-01 AS AMENDED City of Seward, Alaska Planning Commission Minutes February 6, 2001 Volume 5, Page165 Motion Passed Five minute recess starting at 8:48. Yes: Darling, Larson, Hohl, Smith, Niebrugge No: Martin, Griswold Review of two separate requests from Randy McFarland and Bonnie Gill to operate transient food vendors on city property in the Small Boat Harbor area James stated that this review was initiated by requests from two potential venders that would like to set up business in the Harbor Plaza area. She revealed that others had made similar requests in the past, but had not submitted their requests in writing. James reviewed the City Code that authorized vendors to operate on public property if the policies and procedures were approved by City Council; and the 1996 Resolution that allowed vendors to operate in the Harbor Plaza that was later rescinded. James shared the feedback the administration had received from the Harbormaster and the Fire Chief. The administration's recommendation was to specify policies and procedures and submit a request for proposals to allow other vendors to submit applications. She stated that at most two vendors should be allowed in the Harbor Plaza area and one at the Adams Street property. In response to a question from Niebrugge, James stated that vendors were allowed on private property leased from the City. In response to a question from Smith, James stated that transient vendors would be a cart type vender that would stay in one location. Their cart would have to be removed at the end of each day. James clarified that the City Code allowed for transient merchants on private property in the Harbor Commercial and the Central Business Districts. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Pat Sterling, Seward Small Boat Harbor, spoke in support of venders as long as they were not selling items that were in direct competition with an established business in the same area. Randy McFarland, Mile 6.5, stated that he submitted a request and included the sidewalk vender ordinance that Anchorage had in place. He felt Seward's Harbor would be a great place to do business and that his set up would be clean and attractive. McFarland stated that if there was an issue with garbage disposal he would be happy to pay for the service. He clarified that he would create 2-3 jobs, put tax dollars into the community and would only be open 3 to 4 days per week. Ed Glotfelty, 1006 2"d Ave, stated that he was the owner of the Harbor Bakery. He spoke in support of allowing transient merchants in the harbor. Bonnie Gill, 510 6' Avenue, displayed a picture of the hot dog stand she planned to operate. She stated that mobile vendors would add a point of interest to the harbor, which would actually bring everyone more business. She stated she would provide a wholesome product at an affordable price. City of Seward, Alaska Planning Commission Minutes February 6, 2001 Volume 5 Page166 Pat Sterling, added that concerns about McFarland's propane tanks were unfounded, and that he would like to see venders in the campgrounds. No one else requested to be heard and the public hearing was closed. Original motion was clarified after Commission discussion with the following motion. Motion(Hohl/Smith) Recommending that the City Council approve the concept of transient venders on City property, and if approved, then these policies and procedures shall be developed by the Planning and Zoning Commission and referred back to City Council for final approval. Larson stated that she would like to see tasteful vendor stations. Griswold stated that these venders could be located on private property. She expressed the feelings of a citizen that felt that the Harbor Plaza should remain non-commercial. Griswold stated that this was a very crowed area with the bus loading/unloading. She responded favorably to the idea of venders in the campground areas. Smith supported the idea of venders, but wanted to see them well controlled. Hohl stated that she had concerns with venders at the 4" and Adams property. She highlighted Anchorage's requirement that venders could not be within 50 feet of a competing store. She recommended a fee and was leery of multiple sites. Darling stated that originally he was going to state a conflict of interest, but felt he could be objective. He stated that these venders make money and if allowed, should pay a large fee to the City. Niebrugge stated that he originally did not support this idea in 1996. He stated that while these two venders might do a good job, the last time around there was a vendor that was always pushing the envelope of the rules. He emphasized the fact that the venders would be making a large investment and he also noted that the most complaints they have about transient vendors were on private property. Larson stated that for this to be successful there must be teeth behind the policies and procedures. She requested a work session on the requirements. Smith stated that the vendors that were allowed should have multi -year leases that were reviewed for compliance each year. City of Seward, Alaska Planning Commission Minutes February 6 2001 Volume 5, Page167 Niebrugge did not support the lottery system that was used previously and recommended that there be review criteria established for selecting the vendors. Motion Passed Unanimous Preliminary Plat Review of Fourth of July Creek Subdivision, Seward Marine Industrial Center, Cook Inlet Processing Replat James reminded the Commission that this relocation of Morris Avenue and Sorrel Road was the direction they had supported following the field trip to the site last September, in order to address traffic safety issues that currently exist with traffic traveling through the Cook Inlet Processing work area. She reviewed the current situation and issues. James then listed the conditions the City would require before additional land was leased. In response to a question from Hohl, James stated that the recommended road easement width was 40 feet because utilities were covered under other required easements. In response to questions from Griswold, James stated that the first and second turns would each have stop signs. James stated that there were signs as you entered the area that this was not a public road. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. No one else requested to be heard and the public hearing was closed. Motion(Larson/Smith) Approve Resolution 2001-04. Hohl stated concerns with not requiring a 60 foot right-of-way. James clarified that the pavement portion of the road would remain the same amount. Smith felt the travel lift easement should remain the same because the travel lift was harder to control then the vehicles on the road. James stated that this was not a perfect solution, but was the best solution for the current situation. Motion Passed Unanimous Preliminary Plat Review of Fourth of July Creek Subdivision No 2, Anderson Replat James stated that the administration had received this plat from Cline and Associates. She reminded the Commission that this parcel of land was authorized for sale by Council. James clarified Planning and Zoning's role to review the plat against the city zoning and subdivision requirements. She stated that the administration recommended approval by the Kenai Peninsula Borough subject to restrictions. It was noted clearly on the plat that this property was not served by city water or sewer. In response to Griswold, James stated that the consistency checklist referred to the technical City of Seward, Alaska Planning Commission Minutes February 6 2001 Volume 5, Page168 issues of a subdivision and these requirements were not addressed in the Comprehensive or the Strategic Plan. In response to Hohl's concerns that this subdivision may lock up the only access to the surrounding city land, James stated that there was possibly other access further to the north. Griswold addressed her safety concerns with the driveway meeting Nash Road. Hotel would like to see an agreement to insure that if there was no other access to the bench, then Anderson be required to negotiate with the City. She also stated that safety issues would be examined when the building plans were reviewed. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Pat Sterling, Seward Small Boat Harbor, stated that it was his understanding that there was other access to the top of the bluff. No one else requested to be heard and the public hearing was closed. Motion (Larson/Hohl) Commission recommend Kenai Peninsula Borough Planning Commission approval of the Fourth of July Creek Subdivision No.2, Anderson Replat subject to administrative recommendations Motion Passed Unfinished Business - none New Business -None Commission Comments Yes: Smith, Martin, Darling, Larson, Hohl, Niebrugge No: Griswold Larsonthanked the administration for the maps and field trips. She stated she had been asked if the auto commercial zoning district could be broken down into different degrees. Griswold echoed the thanks to the commissioners who's terms were expiring. Darling stated that he had enjoyed serving on the Commission. Hohl and Smith thanked the Commissioners who were leaving. City of Seward, Alaska Planning Commission Minutes February 6, 2001 Volume 5, Page169 Martinechoed the others thanks and asked the administration where the Council Chambers would be located now that the IMS Ray Building was not an option. Niebruggestated that this year was the most fiustrating of the six years he had served on the Commission. He stated that more then ever Council and the Commission needed to work together and felt that it was a good start to have the City Manager attend the Commission Meetings. He thanked Rachel James for her fine work. Citizens' Comments Council Member Stu Clark, 1129 Cliff View, stated that at Saturdays retreat he had requested a review of land procedures. Pat Sterling, Seward Small Boat Harbor, agreed with Clark and spoke again in support of the Anderson property decision. Commission & Administration Response to Citizens' Comments James stated that Steve Homan, Special Projects Engineer, was the person to thank for providing the maps for this meeting. She tried to answer Martin's question by outlining how the interior of the City Hall was being rearranged with some of the outside agencies relocating. James stated the council had requested that all public meetings in April and May be held at the IMS Rae Building. Adjournment meeting was adjourned at 10:46 p.m. 1 � Cbiisty Terrk Assistant City Clerk (City Sea]) eeeeerl OF sz;k'�,"sy SEAL L s OF A Ron Niebrugge Chairman City of Seward, Alaska Planning Commission Minutes March 6 2001 Volume S, Pagel70 Call to Order The March 6th, 2001, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by acting Chair Carol Griswold. Opening Ceremony Hohl led the pledge of allegiance to the flag. Swearing in of new members City Clerk, Pat Reilly administered the oath of office to newly appointed Commissioners Marianna Keil and Patrick Sterling. Roll Call There were present: Carol Griswold, presiding, and Lynn Hohl Patrick Sterling Kristi Larson Marianna Keil comprising a quorum of the Commission; and Scott Janke, City Manager Rachel James, Planner Linda -Rae Olsen, Planning Clerk Absent were: Kelly Martin - excused Tom Smith - excused Special Reports City Administration Report Janke noted the preliminary design plan for the Fourth and Adams Park was available for the commissioners to look at and would be brought back at the next regular meeting for review and input. He reviewed the progress on the harbor project, noting that things were moving along nicely. Janke gave an overview of the recent City Council retreat, noting that it was a very productive meeting. He mentioned that the council had gone over the department work plans for the year 2001, he noted that was good in that it involved everyone in development and approval of the work plans. City of Seward, Alaska Planning Commission Minutes March ti 2001 Volume 5, Page171 James noted several up coming meetings: the State Department of Transportation would host an open house on March 28', in the City Council Chambers from 4-6 p.m., to introduce the Port Avenue reconstruction and the Fourth Avenue/Harbor Pedestrian Pathway project to the community and to gather public input; the Chugach National Forest Land Resource Management Plan group have scheduled meetings on March 20th from 1-5 p.m. and 7-9 p.m. at the Orca building on Third Ave. She reminded the commission that the topic ofthe March 20', 2001 work session would be transient vendors on city lands. James welcomed commissioners Keil & Sterling to their first meeting. Janke updated the commission on the Seward Resort's (Army Recreation Camp) desire to build a bowling alley. He stated that he had met with them and the city would be getting a letter soon requesting property in which to do the project. It would then start through the process of city channels, beginning at the P&Z level. This project would be a private/public partnership. Griswold mentioned the possibility of a private citizen's desire to put in a bowling alley, and questioned how would this affect the Army's project. Janke noted that if a private citizen moved forward before the Army builds one, they would stop their project, as the main goal was to bring a bowling alley into Seward. He noted that the actual bowling alley would be a private venture bringing sales tax into the city coffers and enhancing the quality of life of the Seward public. KPB Planning Commission Report Lynn Hohl submitted a written report of the Borough Planning Commission meeting. She noted that the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Cook Inlet Processing Replat was pulled from the agenda at city request since it had not yet been approved by council. She further noted Borough staff recommendation in the packet included realigning Sorrel Road to a full 60 feet in width & radius turns at the southeast corner of Lot 3 and the northwest corner of Block 7, plus some additional minor modifications. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those on the Agenda - none Approval of Agenda and Consent Agenda Motion (HohVLarson) Approve the Agenda and Consent Agenda Hohl requested that the January 2, 2001 regular meeting minutes be removed from the consent agenda. James noted that Item 813, Preliminary Plat Review of a Replat of Oceanview Subdivision Addition No. 1, Block 5A into two lots had been pulled from the agenda at the request of the property owner (University of Alaska). Motion Passed Without objection City of Seward, Alaska Planning Commission Minutes March 6 2001 volume 5, Page172 The Chairman noted that the February 6, 2001 regular meeting minutes were approved as written on the consent agenda. Special Items Election of Chairman and Vice -Chairman Motion(Hohl/Larson) Postpone the election of the Chairman and Vice -Chairman to the next regular meeting on April 3, 2001. Motion Passed Public Hearings Unanimous Preliminary Plat Review of Forest Acres Subdivision, Orr Replat [Replat of Lot S, Forest acres Subdivision into three lots] James reported that Lot S was the only lot in Forest Acres Subdivision zoned Two Family Residential (R2). The remaining surrounding area was all zoned Rural Residential (RR). She explained that the difference between those two zoning districts was mainly the allowed lot size and R2 allowed single-family and duplexes, while RR only allowed single-family homes. Two Family lots required a minimum lot size of 7,000 square feet, while RR lots required a minimum lot size of 20,000 square feet. She gave the history on why this particular lot was currently zoned R2 in an RR neighborhood. James reviewed the agenda statement and answered questions concerning the right- of-way dedications and requested utility easements. She recommended approval of the preliminary plat subject to the following conditions: Subdivider must enter into a subdivision installation agreement with the City of Seward prior to final approval of the plat; 2. Identify electrical pole locations, and provide necessary easements as requested by the City Engineering and Utilities Department; and 3. Dedicate right-of-way to the adjoining Birch Street and Dimond Boulevard as proposed an the preliminary plat, including a five foot dedication to birch Street and a 4.54' dedication to Dimond Boulevard Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Ron Newcome, 2407 Evergreen, noted that he understood the owner was allowed to subdivide the property as proposed, and expressed concerns about the subdivision of a large lot into three smaller lots in a predominantly RR zoned area. He noted that the new lots would now support six families in a rural area clearly designed for low density development, and constituted what he City of Seward, Alaska Planning Commission Minutes March 6 2001 Volume 5, Page173 described as a lack of sound development. He also discussed concerns about two more driveways being built on a problem intersection. He noted that this was also a wildlife thoroughfare which compounded the danger ofthe intersection. He raised the question ofthe use ofthe building currently on the property, stating that it was now apparently being used as a tri-plex, which would be in violation of the current zoning code for the lot. No one else requested to be heard and the public hearing was closed. Motion (Larson/Keil) Recommend Kenai Peninsula Borough approval of the Forest Acres Subdivision, Orr Replat subject to the administrations recommended conditions. Sterling questioned the duplex being used as a tri-plex, and expressed hesitancy on recommending approval of the preliminary plat without making sure the use was in compliance with the Zoning Code. Hohl recommended that the City investigate the code compliance and recommend that it be brought into compliance if there was a problem. Motion (Hohl/Larson) Vote on the Hohl Amendment Motion passed Amend main motion to include the follow- ing additional condition: The City shall investigate the existing use of the property, and verify zoning compliance prior to final approval of the plat. Unanimous James and Janke answered questions about rezoning the property and the history on the current zoning of the lot and the road layouts of the Forest Acres Subdivision in general. Larson noted that while some may perceive the subdivision as showing a lack of sound development, it was the owner's right to subdivide the property as the current zoning and subdivision ordinances allowed. Hohl affirmed the use of the wording necessary easements in the conditions, expressing concern about easements being put on property that may not be necessary. Keil questioned whether the city could review the Dimond/Ash/Evergreen intersection and possibly put up stop signs where there were now yield signs. Janke noted that road signs were handled by the Police Department and it could be brought to that department for review. City of Seward, Alaska Planning Commission Minutes March 6 2001 Volume 5, Pagel74 Vote on main motion as amended Motion passed Unfinished Business Unanimous Resolution 2001-02, providing a recommendation to the City Council regarding the Jesse Lee Home Property Janke noted that the topic had been discussed at the February 20', 2001 Planning and Zoning work session. It was decided then to have administration draft a resolution for the P&Z Commission, recommending that the council continue the foreclosure process, and support state ownership of the property. He discussed House Bill 96, sponsored by Representative Lancaster, which recommended the state examine acquiring the Jesse Lee Home property. He noted that the borough was foreclosing for unpaid property taxes. The City Council would decide whether to move forward with the foreclosure proceedings and if House Bill 96 was passed the city may then be able to turn the property over to the state. James noted that the City Council requested a recommendation from the P&Z Commission concerning the Jesse Lee Home property; the commission had its work session on February 20' and based on the desires of the commissioners, Resolution 2001-02 was drafted for commission action. Motion (Keil/Hohl) Approve Resolution 2001-02 Keil stated that she supported the recommendation to foreclose on the property. She noted that if the borough forecloses, the owner could acquire the property back for a few thousand dollars in back taxes. She mentioned that at the work session there was discussion of applying for grant funding to look into the environmental impacts that may be on the property. She noted that as owners of the property the city would have a better chance to acquire grant funding. Motion(Hohl/Larson) Vote on the Hohl Amendment Motion passed Motion (Hohl/Sterling) Amend Resolution 2000-02 to include the following language in the third WHEREAS: "WHEREAS, ... and a 1999 preliminary report by Franklin and Associ- ates... Unanimous consent Amend Resolution 2001-02, adding to Section 2: (v) evaluate the potential for private/public partnerships. City of Seward, Alaska Planning Commission Minutes March 6 2001 Volume 5, Page175 Hohl stated that she would like to see the city stay involved in the future planning for the Jesse Lee Home Property if the state takes ownership. Sterling noted that the future uses of the property needed to be looked at and possibly re- zoned or a change in the uses allowed in an R3 zone. Keil noted that Section 2, (iv) covered that issue without requiring that the city be part of the project if funds were not available, when and if the state takes it over. Griswold stated that (iv) only evaluated public uses and did not include Private/Public partnerships. Keil suggested combining the amendment into (iv). There was no objection from Hohl and Sterling to modify the original amendment to the following Motion (Hohl/Sterling) Motion passed Amend Resolution 2001-02, changing Sec- tion 2, (iv) to read: as to whether there ... are private/public uses or ... public use for the properly. Unanimous consent Larson asked whether Frank Irick was going to sign a quit claim deed over to the city. James noted that the city attorney recommended not having Irick sign the property over, because of possible future liability issues concerning environmental contaminants on the property. Larson noted that the issue of possible future title insurance problems on the property had been disclosed. Griswold questioned the best way to go about making changes to the zoning of the Jesse Lee property to preclude hotels and motels from being developed there. Janke and James explained that this could be accomplished by amending the Zoning Code Land Uses Allowed Table which currently allowed hotels/motels in the Multi -Family Residential Zoning District. They noted that this could be done at any time, the commission expressed interest in having this item on the next agenda. Vote on Resolution 2001-02 as amended Motion passed Unanimous consent City of Seward, Alaska Planning Commission Minutes March 6 2001 Volume S, Page176 Review of Zoning Code provisions regarding setback requirements James noted that this item had been on the agenda last year. She stated that the reason it was on the agenda at this time was at the request of Mr. James Pruitt. Mr Pruitt's property located on Lot 1, Block 3, Leirer Industrial Subdivision (preliminary plat) appears to be in violation of the setback requirements. In the building permit review process, Mr. Pruitt was made aware that the proposed canopy on his new building appeared to be located in the setbacks on the site plan. It was noted on the building permit that the canopy was not included. She noted that Mr. Pruitt was in attendance at the meeting and that the violation may be a moot point, as he had located the corners on the property and believed that the 20 foot setback had been met. The code requires that administration give the commission notice of violations, and so took the opportunity to put this item on the agenda. The Commission may want to pursue allowing more things in the setbacks, however James recommended looking at the issue very closely. She noted that at this point the issue had been brought up for discussion and review only. James answered questions from Sterling on the city procedure for checking that the zoning setback requirements on construction sites were met. Griswold stated that she was glad to see enforcement of the setbacks happening as the city has experienced the "creep" into the setbacks in the past. She noted that we do not want to lose sight of the purpose for setback requirements. James stated that this item was on our pending agenda list and that the commissioners may want to give thought to setbacks and what should be allowed. Hohl mentioned that the last discussion had been primarily on residential neighborhood setbacks, not commercial. She requested that the commission have a work session at a later date to set up priorities on the pending agenda list. New Business January 2, 2001 Regular Meeting Minutes Hohl requested that the January 2, 2001 minutes reflect that she had expressed a conflict of interest on the Snowden Land Exchange and that Chairman Niebrugge had ruled no conflict of interest. Administration agreed to make the changes. Motion (Hohl/Larson) Approve January 2, 2001 Regular meeting minutes as corrected. Motion passed Unanimous consent City of Seward, Alaska Planning Commission Minutes March 6 2001 Volume 5, Pagel77 Commission Comments Hotel mentioned that the state may be able to provide used fencing to surround the Jesse Lee Home property. She asked about the status of the harbor parking lots. Janke noted that several of the lots will have to be resealed before re -stripping and that the process was moving along slowly. Hohl noted that the ingress and egress points in some of the parking plans were too large and needed to be changed to reflect the size allowed by the zoning code before the job was put out to bid. Sterling noted he felt that he was going to enjoy being on the commission. Larson welcomed the new commissi Griswold echoed Larson's welcome to the new commissioners. She noted that pro -active planning on the rezoning of properties that were not in line with surrounding neighborhood property would be something to look at in the future. Janke and James both noted that this problem was being addressed in the land use planning changes during the Comprehensive Plan Update process. James further noted however that to change the zoning on an individual piece of property could have legal ramifications if the owner perceived it as a taking. Sterling noted that at the P&Z training session he recently attended, they did advise that Planning and Zoning Commissions take care of spot zoning whenever possible. Citizens' Comments James Pruitt, 2506 Maple Street, reviewed the zoning code reference to why setbacks are required. He questioned why there was a 20 foot front yard setback and 10 foot side yard setbacks in the Industrial Zoning District. He believed that the setbacks were excessive and noted that all other commercial districts had limited or zero setback requirements. He stated that setting an entire building back additional distance for a canopy/awning was not practical. Commission & Administration Response to Citizens' Comments Sterling reiterated that setbacks were in place for a reason, and a person/business needed to apply for a variance in a timely manner if they wish to do something outside of the zoning code allowances. Keil noted that on March 15"', from 5-8 p.m. at the Alaska Sea life Center, the Alaska Railroad would be holding a hearing on their capital projects. City 4Seward, Alaska Planning Commission Minutes March 6 2001 Volume 5, Pagel78 Adjournment The meeting was adjourned at 9:25 p.m. Ra hel James Planner (City Seal) Of SE - •�,�.� v�.�oaPo"Rv�90 • SEAL '_ o 9e�M4� Carol Grisw d Acting Chair City of Seward, Alaska Planning Commission Minutes April 3 2001 Volume 5, Page178 Call to Order The April 3, 2001, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Acting Chair Carol Griswold. Opening Ceremony Keil led the pledge of allegiance to the flag. City Clerk Patrick Reilly administered the Oath of Office to Commissioner Tom Smith. Roll Call There were present: Carol Griswold, presiding, and Lynn Hohl Marianna Keil Kristi Larson Kelly Martin Tom Smith Patrick Sterling comprising a quorum of the Commission; and Rachel James, Planner Christy Terry, Assistant City Clerk Absent was: Patrick Sterling Special Reports City Administration Report Planner Rachel James reported: The Planning Clerk position was now open, was being advertized and interviews were scheduled. She asked the Commission to set a date to visit the Harbor Plaza under the topic of new business. James noted that she had done further review on the parliamentary question if a Commissioner was allowed to abstain from voting once they have been ruled to not have a conflict of interest under Seward's Council Rules of Procedure. The correct answer was if they did not vote, then their vote would count towards the side receiving the most votes, unless there was a tie and then the vote would count as a no vote. She outlined her current review of Lot S in Forest Acres. James stated that the Police Chief had followed up on her request to review the intersection on Dimond and Ash Streets, and at this time he did not have a significant reason to place a stop sign there. The Police Chief would continue to monitor the situation. City of Seward, Alaska Planning Commission Minutes April 3 2001 volume 5, Page179 KPB Planning Commission Report Commissioner Hohl submitted awrittenreport ofthe BoroughPlanning Commission meeting. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those on the Agenda Approval of Agenda and Consent Agenda Motion (Martin/Smith) Approve the Agenda and Consent Agenda. Commission added under New Business the scheduling of a site visit to the Harbor Plaza. Commission moved the review and recommendation of the conceptual design for the park at Fourth Avenue and Adams Street to Public Hearing Item C, and moved the proposed amendment to the Zoning Code Table 15.10.225 to Public Hearing Item D. Motion Passed as Amended. Unanimous. The Chair read the titles ofthe following consent agenda items approved by the Commission: The March 6, 2001 regular meeting minutes were approved as written. Special Items Election of Chairman & Vice -Chairman Griswold opened the floor for nominations for Chair ofthe Planning and Zoning Commission. Smith nominated Carol Griswold for Chair. Motion (Martin/Hohl) Close nominations and elect Carol Griswold Chair of the Planning and Zoning Commis- sion. Motion Passed. Unanimous.. Griswold opened floor for nominations for Vice -Chair of the Planning and Zoning Commission. Martin nominated Tom Smith for Vice -Chair. City of Seward, Alaska Planning Commission Minutes April 3 2001 Volume 5, Pagel80 Motion (KeiVHohl) Close nominations and elect Tom Smith as Vice -Chair of the Planning and Zoning Commission. Motion Passed. Unanimous. Public Hearings Request by Alaska Railroad Corporation (ARRC) to amend the Land Use Plan and zoning designation of a portion of Alaska Railroad Right -of -Way from Industrial to Auto Commercial. The property is generally located north of Port Avenue between Lot 1, Block 2, North Harbor Subdivision (1602 Seward Highway) on the west side and the ARRC tracks on the east side. Rachel James, Planner, stated that the applicants for this amendment to the Land Use Plan and zoning designation were the Alaska Railroad Corporation and Michael Cluff. James stated she understood that Cluffs plan was to develop this parcel with a retail business establishment and use the adjoining parcel, which he owned, as access from the highway and parking. James noted that the parcel owned by Cluff was very irregular and that it did make sense to lease the parcel from ARR to make the property more developable. She clarified that the issue was that the parcel Cluff wanted to lease was zoned Industrial while the parcel he owned was zoned Auto Commercial. James noted that because there was a property line the building Cluffwas proposing had to be build on one lot and meet all the set back requirements. She stated that the Administration was recommending the Commission approve a recommendation to Council. In response to Griswold, James stated that either parcel could use the other property as parking as long as a parking agreement was recorded. James clarified that this would be a condition of the building review. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Mike Cluff, 6976 Whitehall Street, Anchorage, stated he agreed with James' statements and the report in the Planning and Zoning packet. Cluff stressed that this would make a more rectangular piece of property for him to develop. At the request of Griswold, Cluff displayed the preliminary drawings of what he planned to build. Cluff clarified that his current lot, adjacent to the highway, would be used for access and parking. He planned store frontage on both sides of the property with access to the harbor including a walk -way from the railroad depot. In response to Griswold, Cluff stated that he was looking for year round businesses to operate from this location. James reminded the Commission not to look at the specific project, but to look at the zoning and decide which zoning district would be appropriate. Hohl asked Cluff to provide a copy of his plan for the file. No one else requested to be heard and the public hearing was closed. City of Seward, Alaska Planning Commission Minutes April 3 2001 !Volume 5, Page181 Motion (Martin/Keil) Martin stated she approved of the rezone. Recommend that the City Council approve the Ordinance amending the Land Use Plan and Zoning of that portion of Alaska Railroad Right -of -Way identified and described in the attached exhibits from Industrial to Auto Commercial. Keil supported the rezone to Auto Commercial because it made more sense for this piece of property. Larson stated that she would much rather see the property zoned Auto Commercial and felt that the Industrial zoning was inappropriate. Hohl supported the rezone. Griswold raised her concerns about public safety in this area. She felt that a large retail development in this area could create an imbalance with the amount of industrial vs. retail area available in Seward. Griswold stated that it might be premature to allow strip development. Keil asked Cluffto be concerned about the runoff from his property going into the adjoining stream. In response to Hohl, James stated that the developer would need to work with the Kenai Peninsula Borough on the requirements for Coastal Zone Management. Motion(Hohl/Smith) Motion Passed. Motion(Hohl/Martin) Motion Passed. Main Motion Passed as Amended. Amend Ordinance and add Whereas clause, "Whereas, this property is physically separated from the adjoining railroad property to the east by a creek and railroad tracks, and" Unanimous. Amend Ordinance and add Whereas clause, "Whereas, the utility and development potential of Lot 1, Block 2, North Harbor Subdivision, and a portion of ARR Right of Way and are enhanced by assemblage, and" Unanimous. Yes: Hohl, Keil, Larson, Martin, Smith No: Griswold City of Seward, Alaska Planning Commission Minutes April 3 2001 Volume 5, Page182 Request by James T. Pruitt for a setback variance to allow a one to three foot doorway overhang into the required 20 foot front yard setback on Lot 1, Block 3, Leirer Industrial Subdivision(Preliminary Plat), located at 1714 Leirer Road. James stated that Pruitt was requesting a variance on a canopy that was already built. She noted her frustration that this was necessary since the review of the original building plans had clearly informed Pruitt that the canopy was not allowed. James stated that if Pruitt could verify that the canopy was not in setback, then the issue would be null and void. She outlined the variance criteria and stressed that these criteria had to be met prior to issuing a variance permit. James reviewed each condition, identified the applicant response, and the staff findings. James stated that the Administra- tion recommended a denial of this setback variance request. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. James Pruitt, Maple Street, stated that he had attended a meeting where the Commission was reviewing setback requirements. Pruitt hoped that the setbacks in this area would have changed prior to the building being completed. He clarified that the building, including the canopy, was a prefabricated building. Pruitt noted that he planned to have an as -built completed to show that the canopy was not really in the setback. He felt that every building on Leirer Road was located in the setbacks. He asked the Commission to consider that a roof eve was allowed up to two feet into the setback. No one else requested to be heard and the public hearing was closed. Motion(Keil/Hohl) Keil objected to the variance. Approve Resolution 2001-05. Larson verified with the Administration that the Seaman's Mission did not receive a variance for their deck, but did receive a variance for the 2"d story addition that was a few inches into the setback. Martin would rather not object, but felt she had to because the findings of fact were so clear. Griswold asked if this could be postponed to a time certain to allow for a work session to discuss and modify the setback requirements. James recommended that the variance be addressed tonight and then the Commission could request the administration prepare a code change. Larson stated that there had been work sessions on this topic before, and no decisions were made by the Commission. She noted that if there were numerous non -conforming buildings in this area, then it was time to re-examine the code. Smith suggested objecting to the variance, but directing the Administration to not enforce. City of Seward, Alaska Planning Commission Minutes April 3 2001 Volume 5, Page 183 Hohl observed that all the Commissioners had sworn to uphold Seward's City Code. The Commission discussed postponing the item, and James responded that the findings of fact were clear in this situation. She noted that the Commission reviewed changing the Code for setbacks in the past year and no consensus was reached. Motion Passed. Unanimous. Review and recommendation to the City Council on the conceptual design for the city -owned property located at the southwest corner of Fourth Avenue and Adams Street. James reviewed the history of obtaining the property for the park and the progress of the plans. She stressed that concept designs were provided in the packet and noted that once approved there may be adjustments and refinements. She outlined the phases of the project including Phase 1 consisting of preparing the area, grading, a retaining wall and restrooms. James stated that the park was scheduled for completion by 2003. She stated that the Administration recommended approval. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Carol Chaudiere, 1129 Cliff View, reviewed the concept of the plan. No one else requested to be heard and the public hearing was closed. Motion (Larson/Martin) Approve Resolution 2001-06. Larson supported the plan, but noted that a fountain was a challenge to maintain. Martin and Keil supported the plan. Motion Passed. Unanimous. Five minute recess until 9:00 PM. Review of proposed amendment to the Seward Zoning Code Table 15.10.225 to prohibit Lodging, hotel, motel, inn and lodge in the Multi -Family Residential (113) Zoning District. James stated that this issue was discussed at the last meeting as part of ongoing concerns with the Jesse Lee Home. She stated that this rezone was not a property specific change and would prohibit lodging, hotel, motel, inn, and lodges in all areas zoned R3. James stated that this zoning code change would not create any non -conformities. She clarified that because this was a city wide change, property owners were not individually notified. City of Seward, Alaska Planning Commission Minutes April 3 2001 Volume S, Page184 Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Stu Clark, 1129 Cliff View, supported the zoning change. No one else requested to be heard and the public hearing was closed. Motion (Larson/Hohl) Recommend City Council approve the attached Ordinance amending Seward City Code Table 15.10.225, Land Use Allowed. Larson supported the change and did not want to see hotels in any of the R3 areas. Hohl suggested a historical overlay district that would allow some uses for specific properties that were not allowed by the other property owners. Smith supported the change to the zoning code. Martin strongly disagreed with the change, and stated that this was poor timing since the State now had some momentum to develop and save the property. Griswold supported the change and noted that it should circumvent future problems. Motion Passed. Unfinished Business - none New Business Commission Site Visit to Harbor Plaza. Yes: Griswold, Hohl, Keil, Larson, Smith No: Martin James suggested scheduling this as immediately prior to the May Planning and Zoning Commission meeting. After discussion the site visit was set for May 2' at 6:30 PM. Everyone was to meet at the Harbor Master's Office. Informational Items and Reports James reviewed the informational items. In response to Hohl, James stated that the issue with the Marina Motel property might be resolved with the DOT 0-8 project. Commission Comments Keil noted that it was helpful to have visual materials. City of Seward, Alaska Planning Commission Minutes April 3 2001 volume 5, Page185 Smith thanked Carol Chaudiere for her work on park. Hohl had hoped someone would report on the Economic Development Forum that was held in Seward and on the Chugiak Forest Meeting. She had attended the ARR meeting and stated that the Railroad would be renovating the round house and 11 acres of compensatory mitigation would be purchased from the Land Trust within Seward. In response to a question from Hohl, James stated that the round house did not need to be reviewed because it was interior work, and that the Administration had not looked into the camping concerns. Larson congratulated the Chair and Vice -Chair. She stated she would like to see the zoning map displayed at each meeting. Griswold thanked Carol Chaudiere for her work on the park plans. Citizens' Comments Stu Clark, City Council Member, noted that the City Manger was pursing grants to make the park an impressive part of the downtown. Carol Chaudiere, 1129 Cliff View, thanked the Commission for the way they voted on the variance request. Commission & Administration Response to Citizens' Comments James stated she would type up her notes on the Economic Development Forum and forward the information to the Commission. She stated that the forum was very positive and many recommendations were discussed. Keil gave a briefoverview ofthe Economic Development Forum since she had also attended. Adjournment T e meeting was adjourned at 9:35 p.m. � s i Christy Teiy Assistant "City Clerk tee. y pF SEW �. (City Seal) �e ""•• -9,9 �• .•'' PO G r •, t� '�U 1�'• ee "*d;$ ,0 ; Carol Grisw Chair City of Seward, Alaska Planning Commission Minutes May 2 2001 volume 5, Pagel86 Call to Order The May 2, 2001, regular meeting ofthe Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Carol Griswold, Chair. Opening Ceremony Sterling led the pledge of allegiance to the flag. Roll Call There were present: Carol Griswold, presiding, and Lynn Hohl Mariana Keil Kristi Larson Tom Smith Pat Sterling comprising a quorum of the Commission; and Scott Janke, City Manager Rachel James, Planner Donna Glenz, Planning Clerk Special Reports City Administration Report Janke reported that the Port Avenue Reconstruction and Fourth Avenue Pathway projects, were moved forward to 2002 for construction. He stated that he was working with several legislators on the Nash Road and Fourth Avenue Reconstruction Projects. He also noted that the work on the 4' and Adams Park was moving along, a kiosk was being put up so people could view the design plan for the park. The goal was to have the restrooms completed by the 4' of July. He gave a report on the International City Managers meeting he recently attended, noting work that had been done on sub -codes pertaining to relaxing some zoning codes on older buildings. James introduced Donna Glenz, the new planning clerk. She reported that the ordinance to prohibit Hotels and Motels in the Multi -Family Residential zoning district, and the request by the Alaska Railroad (ARR) to rezone a portion of ARR Right -of -Away from Industrial to Auto Commercial were scheduled for public hearing and action by Council on May 14', 2001. She extended an invitation to attend the free Trolley Tour of Seward's National Register Sites on May 19". She noted that a work session was scheduled for May 15'. KPB Planning Commission Report, Lynn Hohl submitted a written report of the recent Borough Planning Commission meeting. City of Seward, Alaska Planning Commission Minutes May 2 2001 Volume 5, Page187 Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those on the Agenda - None Approval of Agenda and Consent Agenda Motion (Larson\Sterling) Approve the Agenda and Consent Agenda. Motion Passed. Without objection The Chairman read the titles of the following consent agenda items approved by the Commission: The April 3, 2001 regular meeting minutes were approved as written; and Recommended KPB approval of Federal Addition Ennis Replat No. 2; and Approved Resolution 2001-07, granting a six month extension of Variance Permit No. 2000- 03 issued to Seward Ship Drydock, Inc. to exceed the maximum allowed building height. Public Hearings Resolution 2001-08, granting a Variance from Seward City Code 15.10.220 Development Requirements to allow a house addition within the south side setback on Lot 18 and the East 60 feet of Lot 19, Block 12, Original Townsite of Seward, located at 203 Second Avenue. James gave a staff overview of Resolution 2001-08. She explained that the existing house was a nonconforming structure because it was built before the first Zoning Code was adopted and did not meet current setback or lot coverage requirements. She noted that the applicant proposed to remove the front 15 feet of the nonconforming Quonset but which would bring the structure into conformance with the 20 foot front yard setback, and prevent the proposed addition from increasing the lot coverage nonconformity. She recommended approval of the variance subject to the removal of the front 15 feet of the Quonset hut. Hohl noted that the front steps had been removed and questioned if they were going to be replaced, how that would be addressed. James stated that the applicant was present in the audience to address the application and answer any questions. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Denise Hawks, 203 2"d Avenue, explained that the concrete slab around the house including the front steps had been removed, and noted that the steps would be replaced. She stated that the addition to the house was necessary to expand the kitchen, and bring the interior stairs up to Building Code. In response to questions from the Commission she stated that she did not want to remove any of the Quonset hut, but had proposed removing a portion of the structure in exchange for the requested variance. City of Seward, Alaska Planning Commission Minutes May 2, 2001 Volume 5, Pagel88 Bob Linville, 1205 Vista, stated that he was the previous owner of the property, and was very much in favor of the variance, however he did not feel the property owner should be required to remove the front 15 feet of the Quonset hut. He gave some history of the property and noted that the Quonset but provided a weather barrier and privacy screening. No one else requested to be heard and the public hearing was closed. Motion (Keil/Sterling) Approve Resolution 2001-08. Sterling expressed his support for approving Resolution 2001-08. Hohl noted that the proposed addition would allow the property owner to meet building code requirements for the interior stairway. Griswold stated she did not support requiring the removal of the historic World War II Quonset hut. Motion (Griswold/Larson) Motion Passed Motion(G riswold/Larson) Motion Passed Motion(Hohl/Smith) Motion Passed Vote on Resolution 2001-08 as amended Amend Resolution 2001-08 by striking Section 2.A. The eastern (front) of the Quonset but located on Lot 18 must be removed prior to construction of the house addition. Unanimous Amend Resolution 2001-08 by removing the sixth Whereas; which referenced the Quon- set but and Condition 6. finding to read, "...single family home, however the appli- cants proposal to remove the eastern 15 feet of the Quonset but was outweighed by its historic value." Unanimous Amend the Title and Section 2 of Resolution 2001-08 to include allowance of the entry steps within the front yard set- back. Unanimous Motion passed Unanimous City of Seward, Alaska Planning Commission Minutes May 2 2001 Volume S, Page189 Unfinished Business Review of draft policy and procedures for permitting vendors on City property. James reviewed the commission's work on establishing policies and procedures for permitting vendors on City property. Sterling voiced concern on the size of the area being considered. The Commission discussed size and coverage area of vendor sites. New Business - None Informational Items and Reports U.S. Army Corp of Engineers Notice of Application for Permit for North Forest Acres Levee/Road. Janke reported that this project was fully funded and engineered, and was now going through the permitting process. Hohl expressed concern that project was not presented to the Forest Acers property owners before being finalized. She asked if there were minutes from the community meetings. Janke stated that Steve Homan, Special Project Engineer, would update the Commission on the project status at the next meeting. Pending P&Z Commission Agenda Items James reported the P&Z Agenda Items had been updated and re -prioritized based on the discussion from the last work session. Commission Comments Sterling thanked everyone for the hard work tonight, also thanked Denise Hawks for attending. He would like the process of permitting vendors on City property moved along. Hohl requested that Commission work sessions and site visits be included on the calendar. Smith stated he hoped to hear comments from the audience on the issue of vendors on City property. Keil commented that the Jesse Lee Home legislation was waiting for action by the Senate Finance Committee. City of Seward, Alaska Planning Commission Minutes May 2 2001 Volume 5, Pagel90 Larson noted she was happy to see the support for the variance on the nonconforming structure addition. Griswold stated that she was very supportive of a historic property overlay to encourage preservation of Seward's heritage properties. She expressed her disappointment in the recent clearing adjacent to the salmon steam on the Alaska Railroad property that the Commission recommended Council rezone from Industrial to Auto Commercial. Citizens' Comments Randy McFarland, 6.5 Seward Hwy, thanked the commissioners for their work on the vendors on City property issue. He noted that time to have the policies and procedures in place for this year was running out. He advised that the proposed size of the area for each vendor was quite small. Stating that everything for each vendor should be contained inside the allotted space. He also advised that the Commission keep in mind that there could be other types of vendors besides just food vendors. He urged the Commissioners to consider the color of the umbrellas, and noted that white should be rejected. Commission & Administration Response to Citizens' Comments Sterling thanked Randy McFarland for his comments. Hohl questioned why the color of vendors umbrellas was important. It was stated that a color does not show dust. Janke stated that the City Council would be discussing the State's Redistricting Plans in a work session, and invited the Commission to participate. Map packets of the various plans were available for each Commissioner. Adjournment The meeting was adjourned at 9:12 p.m. Donna Glenz Planning ��%1sieuc.� e��•-** OF sc , SEAL Z e ,*�OiAt~ Carol Griswofd Chair City of Seward, Alaska June 5. 2001 Call to Order Planning Commission Minutes Volume 5, Paze191 The June 5, 2001, regular meeting ofthe Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Carol Griswold, Chair. Opening Ceremony Hohl led the pledge of allegiance to the flag. Swearing In of New Member City Clerk, Pat Reilly administered Oath of Office to Commissioner Cindy Rook. Roll Call There were present: Carol Griswold, presiding, and Lynn Hohl Mariana Keil Cindy Rook comprising a quorum of the Commission; and Rachel James, Planner Donna Glenz, Planning Clerk Absent were: Kristi Larson - excused Tom Smith Pat Sterling - excused Special Reports City Administration Report James reported that the Engineering Department and the Community Development Office plan to move from the Ray Building to the Petro Plaza at the end of June, following installation of partition dividers and furniture. In response to Hohl, James stated the job service area on the second floor of the City Hall Building would be utilized for the computer specialist, the conference room, and possibly a borough office. City of Seward, Alaska Planning Commission Minutes June S 2001 volume 5, Page192 Update on Japanese Creek Levee/North Forest Acres Road Project James delivered an update on the status of the permit that had been submitted. She noted that the agency comment period was closing. She addressed the June 4, 2001 letter from the Alaska Department of Fish and Game (ADF&G) and the maps that were handed out. The letter from ADF & G expressed strong objection to the project. In response to Hotel, she stated she was unsure if ADF & G was saying no to all three routes or just to a specific route. KPB Planning Commission Report, Lynn Hohl submitted a written report of the recent Borough Planning Commission meeting. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those on the Agenda Roger Steinbrecher, 2614 Birch, expressed concern on the preferred location of the Japanese Creek Levee/Road. He noted that he had received no information that identified the preferred location. He expressed his support for the flood control project, and also his concern of noise and safety, if the levee/road was located too close to residences. He supported a 200 foot vegetative buffer from the residences. He stated that he did not want to see the existing noise and traffic safety problem on Dimond Boulevard simply relocated to another area of Forest Acres. Tylan Schrock, 2612 Birch, spoke in regards to the Japanese Creek Levee/North Forest Acres Road Project. He expressed his disappointment in the way the permitting process was handled, he also recommended that the Commission step into the process. In response to Griswold, he spoke to the wet lands issue, and the safety issue of Dimond Boulevard. Approval of Agenda and Consent Agenda Motion (Griswold/Keil) Approve the Agenda and Consent Agenda. The Chairman read the titles of the following consent agenda items approved by the Commission: The May 2, 2001 regular meeting minutes were approved as written; and The July 3, 2001 Regular Planning and Zoning meeting was rescheduled to Tuesday, July 10, 2001. James requested the Corp of Engineer's Notice of Application for Permit for Seward Ships dock facility in the Small Boat Harbor be placed on the Agenda under Informational Items. Hohl requested the Japanese Creek Levee/North Forest Acres Road Project be placed on the Agenda under New Business for further discussion. Motion Passed. Unanimous Consent City of Seward, Alaska Planning Commission Minutes June 5 2001 volume 5, Pagel93 Public Hearings Resolution 2001-09, granting a Conditional Use Permit to Westours Motor Coaches Inc. to allow a Bunkhouse within the Industrial Zoning District on Lot 4, Block 2, Leirer Industrial Subdivision (preliminary plat), accessed at 708 Port Avenue. James reviewed Resolution 2001-09, noting that bunkhouses were allowed in the Industrial District by Conditional Use Permit from the Commission. She recommended approval of Resolution 2001-09. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Florrie Ehngren, 711 3rd Avenue, stated she was the Westours representative and was available, should the Commission have any questions. Jerry Waliezer, Meridian Park, spoke in opposition to the bunkhouse, stating he did not want to see the Industrial District become a storage place for people. No one else requested to be heard and the public hearing was closed. Motion (Hohl /Keil) Approve Resolution 2001-09. In response to questions from the Commission, Florrie Elmgren, stated that the bunkhouse would be used May through September. She confirmed that the buses/motorcoaches would not be parked on the property, and that a 15 passenger shuttle van would be used to transport drivers to the coaches parked out of town. In reply to the Commission, she explained Westours had rented apartments for several years until they were sold last year to the Alaska Vocational Technical Center. Motion(Hohl/Keil) Amend the last sentence of, Section 1. A. striking, "Although not identified on the site plan, it appears that," and replace with: "The parking plan indicates". Hohl stated that the applicant had submitted a parking plan for the development. Motion Passed Unanimous Consent Motion(Hohl/Keil) Amend Resolution 2001-09, by adding a new Section 3. which reads: "The Planning and Zoning Commission finds that adher- ence to the conditions of this permit is paramount in maintaining the intent of City of Seward, Alaska Planning Commission Minutes June 5 2001 volume S, Page194 Seward City Code 15.10.320 Conditional use permits, and authorizes the administration to confirm all conditions are satisfied prior to issuing a final certificate of occupancy. Additionally the administration shall periodically confirm the use conforms to the standards of its approval." Hohl stated this was a condition she would like to see on all conditional use permits. Motion Passed Unanimous Griswold voiced concern for public safety in allowing housing ofpeople in the Industrial area, noting the close proximity to the existing tank farm. She supported allowing bunkhouses only as an ancillary use to businesses in the Industrial District. Rook stated she would like to see the existing lodging businesses utilized. Keil spoke in support of the resolution, noting the need for seasonal employee housing. Motion(Hohl/Keil) Amend Resolution 2001-09, Section 1. F. (1) to include the following sentence, "Location of the dumpster must be ap- proved by the Community Development Office and solid waste contractor." Motion Passed Unanimous Motion(HohVKeil) Amend Resolution 2001-09, Section 1. F. by adding an additional condition to read, "The site plan shall identify the location of all fuel oil and propane tanks. Motion Passed Unanimous Motion(Hohl/Keil) Amend the title of Resolution 2001-09 to include the portion of Lot, 4 Block2, Leirer subdivision, leased by Westours Motor Coaches Inc., and amend Section 1. F. Condition No. 3 regarding landscaping by deleting the words "boat storage". City of Seward, Alaska Planning Commission Minutes June 5, 2001 Volume 5, Pa. I This amendment would clarify that the Conditional Use Permit and it's associated conditions only applied to that portion of the property Westours Motor Coaches Inc. subleased for the bunkhouse. In addition, boat storage would not be allowed on the bunkhouse sublease parcel. Motion Passed Unanimous Motion(Keil/Hohl) Postpone Resolution 2001-09, as amended until the next meeting. Motion Passed Unanimous Resolution 2001-10, granting a Conditional Use Permit to Michael Cluff to develop a Multi -Unit Retail Center within the Auto Commercial Zoning District on a portion of Alaska Railroad Right -of Way and Lot 1, Block 2, North Harbor Subdivision located at the northeast corner of the Seward Highway and Port Avenue. James gave a staff overview of Resolution 2001-10. She noted that the applicant had informed her that the plans were still very preliminary. She explained that because these were two separate parcels, both lots had to meet individual development requirements. She explained that because the Alaska Railroad (ARR) owned the right-of-way parcel leased to Mr. Cluff, it was not possible to replat the two parcels into one, and therefore the new structure must be located entirely on Lot 1, Block 2, North Harbor Subdivision or on the ARR right-of-way. She added that because it was not possible to tie the two parcels together by plat, each parcel would have to meet the required zoning setback, and lot coverage. In response to Commission questions, James reported that the applicant could be required to present any future plans to the Commission for review. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Michael Cluff, 6976 Whitehall Street, Anchorage, explained the plans were very preliminary. He noted he was concerned about the 50% lot coverage. He requested clarification on the landscaping condition and expressed concern with having to use property for landscaping. He stated he was waiting for Planing & Zoning approval before doing any additional design work. No one else requested to be heard and the public hearing was closed. Motion(Hohl/Keil) Approve Resolution 2001-10 Motion (Hohl/Keil) Amend Resolution 2001-10, Section 1. F. Condition 3 to include the following sen- tence, "Construction waste and debris must be removed weekly and upon completion of construction. City of Seward, Alaska Planning Commission Minutes June 5 2001 Volume 5, Page196 Hohl noted this was required by city code, and including it in the conditional use permit would bring it to the developers attention. Motion Passed Unanimous Motion (Hohl/Keil) Amend Resolution 2001-10, Section 1. E. by adding the following to the last sentence, "and safe area for loading and unloading freight." Hohl stated that the intent behind the amendment was to prevent required parking areas from being used as loading zones. Motion Passed Motion (Hohl/Keil) Motion Passed RECESS: Meeting recessed from 9:30 to 9:35 Motion (Hohl/Keil) Unanimous Consent Amend Resolution 2001-10, Section 1. F. Condition 1. By adding the following sen- tence, "The preliminary plat should clearly illustrate location of all improvements in the area to ensure code compliance." Unanimous Consent Amend Resolution 2001-10, Section 1. F. to include the following additional condition, "Upon administration review applicant may be required to submit a modification application subject to public hearing and filling fee as required by Seward City Code 15.10.320. F." Hohl noted this was required by code and would require commission review of the development if the plans changed significantly. Motion Passed Unanimous consent Motion (Hohl/Keil) Amend Resolution 2001-10, Section 1. F. to include the following additional condition, "The site plan must identify a safe area for loading and unloading that does not impact parking or access areas." Motion Passed Unanimous consent City of Seward, Alaska June 5, 2001 Motion(Hohl/Keil) Motion Passed Planning Commission Minutes Volume 5. Pa3-:,e197 Amend Resolution 2001-10, Section 1. F. Condition 3 to include the following lan- guage, "Location of the dumpster must be approved by the Community Development Office and solid waste contractor." Unanimous consent The Commission clarified that the intent of a landscaping buffer was to provide a visual break between the Seward Highway and the proposed parking lot. Motion(HohVRook) Amend Resolution 2001-10, Section 1. F. Condition 6 by adding the following to the last sentence, "subject to approval by the P&Z Commission." The last sentence of the condition would read; Permittee shall provide a landscape buffer on Lot 1, Block 2, North Harbor Subdivision between the Seward Highway right-of-way and the proposed parking lot, subject to approval by the P&Z Commission. It was noted that this amendment would require the applicant to provide the Commission with a land scape buffer plan to review and approve. Motion Passed Yes: Griswold, Hohl, Rook No: Keil Motion(HohVKeil) Amend Resolution 2001-10, Section 1. F. to include the following condition, "the fuel oil and/or propane tanks must be identified on the site plan and approved by the Commu- nity Development Office." Hohl noted that requiring Community Development review and approval ofthe tanks was to ensure they were not located within any required parking spaces. Motion Passed Unanimous Consent Motion(HohVKeil) Amend Resolution 2001-10, by adding a new Section 3 to read as follows: "The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code 15.10.320 Conditional use permits, and authorizes the City of Seward, Alaska Planning Commission Minutes June 5 2001 Volume 5, Pagel98 administration to confirm all conditions are satisfied prior to issuing a final certificate of occupancy. Additionally the administration shall periodically confirm the use conforms to the standards of its approval." Hohl noted this was language she would like to see included in all Conditional Use Permits. Motion Passed Motion(Griswold/Keil) Unanimous consent Amend Resolution 2001-10, Section 1. F. to include a condition that the required park- ing must be provided on Lot 1, Block 2, North Harbor Subdivision for the life of the use, and as required by the Seward Zoning Code Section 15.10.215. (E) made subject to a recorded agreement. Griswold stated that she wanted assurance in the Conditional Use Permit that the required parking for the development would always be provided on Lot 1, Block 2, North Harbor Subdivision, and that the parking could not be relocated in order to allow development of Lot 1, Block 2, North Harbor Subdivision. Motion Passed Unanimous consent James requested the Commission discuss the lot coverage issue. She stated that there was not the option of combining the two parcels, Lot 1, Block 2, North Harbor Subdivision and the Alaska Railroad right-of-way into one parcel. She noted that the two parcels were one development parcel and were tied together for the life of the use by the parking agreement. Hohl suggested that a variance application could be the way to handle this. It was noted that this parcel appeared to be a unique or special circumstance property and that a variance application would cover this issue. It was the general consensus that the owner must apply for a variance to exceed the lot coverage on the Alaska Railroad lease parcel. Motion(Griswold/Rook) Motion Passed Unfinished Business - None Postpone Resolution 2001-10 until the next meeting. Yes: Griswold, Keil, Rook No: Hohl City of Seward, Alaska Planning Commission Minutes June 5, 2001 Volume 5, Pagel99 New Business Japanese Creek Levee/North Forest Acres Road Project Hohl spoke in favor of requesting that the permitting clock be stopped to allow time for holding a public meeting. Keil concurred with Hohl. The Chairman suspended the rules to allow Tylan Schrock to address the Commission and answer questions. There were no objection from the Commission. Tylan Schrock, 2612 Birch, reported that this project was part of a comprehensive flood mitigation plan prepared by a task force following the 1995 flood. He expressed his disappointment that the community was not informed of the preferred location since they were told that the public would have an opportunity to review the environmental assessment before it was submitted for permitting. He noted that the community had already informed the City of their preferred alternative. He questioned if it would be too late to have a community meeting after the agency review was completed. He noted that the Environmental Alternative brings the road/levee too close to residential areas, would require private property buyouts, and was not a viable option. He supported the Commission getting involved in the project and supporting the community's preferred alternative. Motion(HohVRook) Commission express concern with the manner in which the Environmental As- sessment (EA) for the North Forest Acres Access Road/Levee was submitted for permitting, and that the desires of the community were not adequately expressed in the EA; and request that the city admin- istration evaluate if a request should be made to stop the permitting clock in order to address the expressed concerns, and the criteria identified in the June 4, 2001 letter from the Department of Fish and Game. Motion Passed Unanimous Hohl requested hearing Citizen Comments prior to Informational Items and Reports. There was no objection from the Commission. Citizens' Comments Michael Cluff, stated that he recognized the value of the salmon stream and that it was in his best interest to ensure it was not impacted by the development. He expressed his disappointment that Resolution 2001-10 was postponed and noted he was not clear on the proposed conditions. Cluff requested he be allowed to advertise for possible tents. He stated he would be submitting a variance application to exceed the lot coverage on the Alaska Railroad right -of way parcel. City of Seward, Alaska Planning Commission Minutes June 5 2001 Volume 5, Page200 The commission responded that the code allowed a commercial real estate sign on the property. Hohl clarified that the purpose of a landscape buffer was not to completely screen the parking lot but to provide a visual break for the eye. Informational Items and Reports U.S. Army Corp of Engineers Notice of Application for Permit for Storm Chasers, Inc. floating dock/marine service, Lowell Point. James explained that this project was located outside the city limits, and she did not have any official comments. She noted that the Commission received notices for all permit applications in the Seward area. The commission questioned whose property the floating dock would be located on. Chugach Alaska Corporation request that the City of Seward amend the restrictive covenants on the Seward Depot property. James gave an overview of the history of the usage of Seward Depot property. In response to questions of the Commission, a copy of the requirements for the building to remain on the National Resister would be made available to the Commission. She stated that staff was recommending that City Council refer the request to the Commission for a recommendation. Griswold stated she felt there were a number ofoptions open to Chugach Alaska Corporation. U.S. Army Corp of Engineers Notice of Application for permit for Seward Ship's boat dock facility in the Small Boat Harbor. James stated that the City Council would be providing comments on this project. Commission Comments Hohl thanked the commission for working on the resolution amendments, welcomed Cindy Rook to the Commission, and thanked the staff for their hard work. Keil echoed the welcome to Commissioner Rook. She thanked Commissioner Hohl for her work on the resolutions. Rook thanked everyone for their help tonight, and note she had a lot to learn. Griswold expressed thanks to Tylan Schrock for his time and expertise on the Forest Acres Road/Levee project. She expressed her disappointment in the decisions made with the bunkhouse because she could not support allowing people to live in an Industrial zone with fuel storage tanks nearby. City of Seward, Alaska Planning Commission Minutes June S 2001 Volume 5, Page201 Citizen Comments - None Commission & Administration Response to Citizens' Comments James commented that if there was Commission concern with allowing bunkhouses in the Industrial District, then they should examine if that was a use that should be allowed in the Industrial District by Conditional Use Permit. Adjournment The meeting was adjourned at 11:00 p.m. c Donna Glenz Planning Clerk l.t� �t Carol Grisw d Chair City of Seward, Alaska Planning Commission Minutes June 19, 2001 Volume 5, Page201 Call to Order The June 19, 2001, special meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Carol Griswold, Chair. Opening Ceremony Smith led the pledge of allegiance to the flag. Roll Call There were present: City of Seward, Alaska Planning Commission Minutes June 19 2001 Volume 5, Page202 Carol Griswold, presiding, and Lynn Hohl Mariana Keil Kristi Larson Tom Smith Patrick Sterling (arriving at approximately 8:15 pm) comprising a quorum of the Commission; and Scott Janke, City Manager Rachel James, Planner Donna Glenz, Planning Clerk Absent were: Cindy Rook - excused Special Reports Update on Japanese Creek Levee/North Forest Acres Road Project Janke stated he along with the City Engineer, the Special Projects Engineer, and Bill Nelson, the City Design Consultant, had attended meetings in Anchorage with representatives from the state and federal permitting agencies on the Japanese Creek Levee/Road Project. Janke assured the Commission that a town meeting would be held within the next month to six weeks. He stated there was a new environmental consultant now working on the project. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those on the Agenda Bob Valdatta, 510 Fifth Avenue, Seward, spoke to encourage the Commission to support the proposed tank farm, and added that it would bring needed industry to the community and help bring about the establishment of a foreign trade zone. Florrie Elmgren, 711 3`d Avenue, Seward stated she was the Westours representative and was available to answer questions from the Commission on the Westours bunkhouse application. Randy Becker,113 West Fireweed, Anchorage, stated he leased the property that Westours' bunkhouse was proposed to be located on. He assured the Commission that the intent was to do whatever was necessary to make the area a pleasant place for the employees of Westours, as well as the residents of the City of Seward. Jerry Waliezer, Meridian Park, Seward spoke against a bunkhouse in the Industrial District without having the industry located on site. He believed the bunkhouse would bring low cost, high density housing to the area. City of Seward, Alaska Planning Commission Minutes ,June 19 2001 volume 5, Page203 Approval of Agenda Motion (Larson/Hohl) Motion Passed. Unfinished Business Approve the Agenda. Unanimous Consent. Resolution 2001-09, granting a Conditional Use Permit to Westours Motor Coaches Inc. to allow a Bunkhouse within the Industrial Zoning District on Lot 4, Block2, Leirer Industrial Subdivision (preliminary plat), accessed at 708 Port Avenue. James provided and overview of ex parte communication. She stated that if ex parte communication had occurred, it should be declared and the content of the communication revealed at the meeting. James provided a review of Resolution 2001-09, noting that a motion to approve the resolution was on the floor. She reviewed questions that had been presented by Griswold via email, and noted the clarification from the City Attorney on the issue of kitchens in a bunkhouse. Motion (Hohl /Keil) Approve Resolution 2001-09. Note: This motion was on the floor from the June 5, 2001 meeting. Hohl noted a possible conflict of interest, as her daughter was working for Westours this summer. Griswold ruled Hohl did not have a conflict of interest. Griswold declared an ex parte communication. She stated Randy Becker had called her with several questions and Commissioner Sterling had called her with discussion on the kitchen facility in the proposed bunkhouse. Sterling had also stated he was concerned the property owner was unaware of the proposed sublease and bunkhouse. Griswold had made contact with City Councilman, Nathan Orr, and discussed the thought of Westours building a stick built building, the response was that idea was cost prohibitive. James responded that the proposed units had to met current building and fire code requirements. She stated that the property owner had signed the conditional application. Keil reviewed the responsibilities of the Commission, sighting a case on the law of a Conditional Use Permit (CUP). Noting that this CUP had met all the requirements and spoke in favor of the Resolution. Smith concurred with Keil, also noted the current need for affordable summer housing in Seward. City of Seward, Alaska Planning Commission Minutes June 19 2001 Volume 5, Page204 Note: Commissioner Sterling arrived and took his seat at the dial. Sterling voiced concern with the cooking facilities in the three bedroom unit, stating bunkhouses do not have kitchens. He spoke strongly against allowing the three bedroom dwelling unit in the Industrial District. Griswold suspended the rules to ask questions of the representative from Westours. There was no objection. Florrie Ehngren, the Westours representative responded to questions, assuring the Commission that the bunkhouse would be used for drivers coming from Anchorage the night before their work shift and that no one would be living there full time. Smith emphasized the public safety aspect of the proposed bunkhouse, in that drivers would be rested and safer on the return drive to Anchorage with a bus load of travelers. Hohl stated that the three bedroom unit was designed as a single family dwelling, and the zoning code did not allow single family dwellings in the Industrial District. She expressed concern that she could not approve a proposal that violated the code. Recess from 9: 48 to 9: 55 pm. Motion(Hohl/Keil) Amend Resolution 2001-09, a new Section F. 5. which reads: "Although structures designed as detached single-family resi- dences are not allowed in the Industrial Zone the smaller structure identified as a manufactured home on the site plan & designed as a single-family home will be modified for use as a bunkhouse either by attachment to the larger structure or interior modification. This condition will be void if the city attorney deems it unnec- essary to meet code requirements." Motion Passed Yes: Griswold, Smith, Hohl, Keil, Larson No: Sterling Griswold voiced concern for public safety in allowing housing of people in the Industrial area, noting the close proximity to the existing tank farm. She stated that this should only be allowed for those that have businesses in the Industrial area. Vote on Resolution 2001-09 as amended. City of Seward, Alaska Planning Commission Minutes June 19 2001 Volume 5, Page205 Motion Passed New Business - None Commission Comments Yes: Griswold, Hohl, Keil, Larson, Smith No: Sterling Hohl noted her feelings on the need to follow the City Code as it was written. Keil expressed that it was the responsibility of the commission to assist the public in accomplishing desired projects. Larson stated she was happy to see approval for the bunkhouse, noting the need for summer housing in Seward. Sterling noted he did not support the resolution because of wording, but felt the need for the bunkhouse was there and wished Westours well. Griswold expressed the need to look into clarifying the intent of bunkhouses and their location. Citizen Comments Randy Becker, 113 West Fireweed, Anchorage, thanked the commission for approving Resolution 2001-09, and noted that the intent was to make the bunkhouse area a nice place for the summer workers. He stated he would like to see more utilization of the Industrial area. Florrie Elmgren, 711 3`d Avenue, Seward, thanked the commission for supporting the bunkhouse, noting that the coach drivers also thanked the commission. Bob Valdatta, 510 Fifth Avenue, Seward, spoke on the need of road improvements in the Industrial area, expressing concern over the congestion. Commission & Administration Response to Citizens' Comments Janke spoke to the expressed interest ofYukon Fuel in developing a tank farm in the industrial area. He has had contact with them weekly and feels this project will go forward. He also noted that the City has been working the last three years on funding for a by-pass road in the industrial area, that would connect Port Avenue with Airport Road and the Seward Highway. Sterling stated that he would like to see work done on clearing up the definitions section of the Zoning Code. Griswold thanked the commission for all the thought that was put into the resolution. City of Seward, Alaska Planning Commission Minutes June 19 2001 volume 5, Page206 Adjournment The meeting was adjourned at 9:15 p.m. Donna Glenz Planning Clerk (Cityi1nuyp ,� pF SEW� �i �► y ........ -4,9 1-M i Y �+• O : � - � r . s : SEAL; 'tOF � Carol Griswol Chair City of Seward Alaska Planning Commission Minutes July 10 2001 Volume 5, Page206 Call to Order The July 10, 2001, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Carol Griswold, Chair. Opening Ceremony Sterling led the pledge of allegiance to the flag. Roll Call There were present: Carol Griswold, presiding, and Lynn Hohl Mariana Keil Kristi Larson Cindy Rook Tom Smith Patrick Sterling City of Seward Alaska Planning Commission Minutes July 10 2001 Volume 5, Page207 comprising a quorum of the Commission; and Scott Janke, City Manager Rachel James, Planner Donna Glenz, Planning Clerk Special Reports City Administration Report Janke reported that the City had obtained the Clerks Deed on the Jesse Lee Home and the public works department was working on securing the building. He noted that there was private interest in the property. He noted some of the state grants that had been awarded to the city by the legislature this year, including Port Avenue reconstruction at 1.3 million dollars; over $600,000 for a pedestrian path from Fourth Avenue to Van Buran Street; one million dollars for the ship yard; $70,000 for the downtown park at Fourth and Adams; $650,000 for roofing at AVTEC; and numerous other projects. In response to question from Larson the bathroom facility for the Fourth and Adams park was on hold until the next City Council meeting. James reported that the Engineering Department and the Community Development Office had relocated to the Petro Plaza Building on the corner of Fourth Avenue and Adams Street. She noted she would be on vacation from July 20 to August 2nd. KPB Planning Commission Report, Lynn Hohl submitted a written report of the recent Borough Planning Commission meeting. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those on the Agenda - none Approval of Agenda and Consent Agenda Motion (KeiVSmith) Approve the Agenda and Consent Agenda The Chairman read the titles of the following consent agenda items approved by the Commission: The June 5, 2001 regular meeting minutes were approved as written; and The June 19, 2001 Special Planning and Zoning meeting minutes were approved as written. Motion Passed Unanimous Consent City of Seward Alaska Planning Commission Minutes July 10 2001 Volume 5, Page208 Public Hearings Review of request by Chugach Alaska Corporation to amend the Restrictive Covenants on the Seward Depot Building located on Lot 1A, Waterfront Tracts Replat, at 501 Railway Avenue. James reviewed the request by Chugach Alaska Corporation to amend the covenants on the Seward Depot Building to remove the restriction that no more than 40% of the building interior be used for food and beverage service. She noted that the Historic Preservation Commission supported amending the covenants in order for the building to be utilized. She responded to the written questions presented by commissioner Hohl. Janke stated that Chugach Alaska Corporation had done a tremendous job of renovating the building, noting the historic importance of the Seward Depot Building to Seward and Alaska. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Rick Rogers, 16001 Windsong Drive, Anchorage, Vice -President of Lands and Resources for Chugach Alaska Corporation (CAC), stated it was difficult for CAC to close the Native Cultural Center after the investment that went into restoring the facility. Chugach had believed the center would be an enhancement to the Seward community and the Chugach Region. Rogers explained that CAC was requesting relief from the covenants so someone else could utilize the building and take advantage of the work Chugach had completed. He stated that the facility needed a broad range of income producing venues in order to be a viable economic enterprise, and removing the food/beverage service restriction would help broaden the market and bring more options to the table. He reported that CAC had a difficult time finding an agent willing to list the property, with the restrictive covenants. In response to a question from Commissioner Hohl, Rogers stated that the asking price was $500,000.00. Hohl questioned if Chugach was aware of the Secretary of the Interiors, Standards for Rehabilitation and that those standards may prevent the required venting systems from being put in the building. Griswold reviewed Section IF. of the covenants which identified for purposes of illustration but not limitation, that permitted uses of the property included retail space, museum, community theater, public use building, meeting rooms, conference center, visitor center, art gallery, cultural resource and heritage center and other uses consistent with the historical character of the building as a railroad depot. Larry Norene, Real Estate Manager for the CAC property stated that it was very important that the next business in the Depot did not fail. He noted that the rehabilitation tax credits were still available on the property. He expressed the need to preserve the building and use its historical status as an asset, not a liability. He anticipated a viable business for the property would be one that complemented the Alaska Sealife Center. He stated that they were requesting the amendment to allow the broadest market base possible. City of Seward Alaska Planning Commission Minutes July 10 2001 Volume 5, Page209 Griswold noted that the building was significant as the original gateway to Seward and Alaska. In response to questions from Griswold, Norene stated that preserving the interior of the building was important. James clarified that the restrictive covenants and the deed required that the building remain on the National Register of Historic Places. No one else requested to be heard and the public hearing was closed. Motion (Smith/Keil) Recommend City Council approval of Chugach Alaska Corporation's request to amend the covenants on the Seward Depot Building located on Lot 1A, Waterfront Tracts Replat, at 501 Railway Avenue. [Chugach Alaska Corporation had requested that the City remove the restriction that no more than 40% of the building interior be used for food and beverage service]. Smith expressed his support for approving the request and added that it would assist with downtown revitalization. Keil expressed her support and noted the need to keep the building occupied. Motion Passed Unanimous Unfinished Business Resolution 2001-10, granting a Conditional Use Permit to Michael Cluff to develop a Multi -Unit Retail Centerwithin the Auto Commercial Zoning District on a portion of Alaska Railroad Right -of -Way, and Lot 1, Block 2, North Harbor Subdivision located at the northeast corner of the Seward Highway and Port Avenue. This item was postponed from the June 5, 2001 regular meeting. The applicant has requested that this item be postponed to the August 7, 2001 meeting. Motion (Griswold/Keil) Postpone Resolution 2001-10 until the August 7, 2001 meeting. Motion Passed Unanimous Consent City of Seward Alaska Planning Commission Minutes July 10 2001 Volume 5, Page210 New Business James requested item D. the request by Dale Lindsey to purchase a 20 foot by 300 foot portion of City -owned U.S.S. 703 be moved up on the agenda to accommodate the public. There were no objections. Review of a request by Dale Lindsey to purchase a 20 foot by 300 foot portion of City -owned U.S.S. 703, located immediately west of the property located at 704 First Avenue, and south of the First Lake gazebo and picnic area. James reported that Dale Lindsey had submitted a proposal to purchase this property to provide access to the rear of his property. She noted that Lindsey had offered to provide the City with a six foot pedestrian easement across his property to access Two -Lakes Park as part of the purchase agreement. James recommend scheduling a site visit, followed by a public hearing prior to the Commission making a recommendation to Council. The Chairman suspended the rules to allow Dale Lindsey to address the Commission and answer questions. There were no objections from the Commission. Dale Lindsey, 704 First Avenue, thanked the City for the cooperation in allowing him to utilize city property as a staging area during the construction project on his home. Mr Lindsey requested that the Commission wait to schedule a site visit until after August 15' in order to allow time for the city property to be cleaned up and re -vegetated as he had agreed to do. In response to questions by Janke, Lindsey stated that the Southwest corner of the property would be marked for the site visit, he also stated that the public easement of the Southwest corner would only be necessary should the neighboring property owners, the Callahan's erect a fence, cutting off the access to Two Lakes Park. Sterling requested that the location ofthe six foot pedestrian easement be identified at the site visit. Commission decided to schedule the site visit at the August 7, 2001 meeting, and planned to conduct a public hearing on the proposal at the September 4, 2001 meeting. Review of a proposal for the City to purchase Lot 16, Block 11, Laubner Addition, for city park purposes, located at 1109 Second Avenue. James gave a review of the proposal to purchase Lot 16, Block 11, Laubner Addition. She stated this property is a single 30 foot by 100 foot lot located immediately south of the city owned park land that contained the trail access to Two Lakes Park, and across Second Avenue from the Lagoon Park pavilion. She noted that while the Boy Scouts were in Seward for their Jamboree they had built access stars in Two Lakes Trail, and purchase of this parcel would allow a buffer zone for the existing trail. City of Seward Alaska Planning Commission Minutes July 10, 2001 Volume 5, Page2l l The Chairman suspended the rules to allow Karin Sturdy, Parks and Recreation Director, to address the Commission and answer questions. There were no objections from the Commission. Sturdy reiterated the review by James stating this parcel would be a low maintenance buffer zone to the Two Lakes Trail. In response to questions from the commission, Sturdy stated that this was an important parcel to the Parks and Recreation Department. Motion(Sterling/Hohl) Schedule a public hearing for the August 7, 2001 meeting, on the City proposal to pur- chase Lot 16, Block 11, Laubner Addition, for city park purposes. Sterling spoke in favor of acquiring park property. Hohl stated that she would like to see the money that has been appropriated for the Two Lakes Park property spent on the Two Lakes Park, and this proposal does just that. Griswold spoke in favor of the city acquiring this property as a buffer to Two Lakes Park. Motion Passed Unanimous Review of a request by Ken Allen for the City to consider the acquisition of U.S.S. 1931, and address the existing Two Lakes Trail encroachment on the private property. James gave a review of the request by Ken Allen for the City to consider purchasing the U.S.S. 1931 property, stating U.S.S. 1931 is a 29.16 acre unimproved parcel that is generally located west of Two Lakes Park on the side of Mt. Marathon. She also addressed the Two Lakes Trail encroachment on this property, stating the City had developed the new Two Lakes Trail on City property. She noted the work that was done by the Boy Scouts on the new trail. Motion(Hohl/Sterling) Schedule a public hearing for the August 7, 2001 meeting to consider the acquisition of U.S.S. 1931. Hohl ask for the actual route of the emergency evaluation route and if it crossed the property Lindsey has requested to purchase. Griswold expressed support, noting public safety reasons to maintain an emergency evacuation route away from Resurrection Bay. In response to Commission questions, Janke stated there could be possible state or federal funding sources available. Motion Passed Unanimous City of Seward Alaska Planning Commission Minutes July 10 2001 volume 5, Page212 Informational Items and Reports Port and Commerce Advisory Board On -Going Project List In response to a question from Smith, Janke reported on the status of the Boat Harbor Eastward Expansion project. He stated the funding process was moving along, with 2.9 million dollars from the state; work was progressing on a 1.3 million dollar Economic Development Administration grant, and the continuing efforts to receive the Federal Navigational Improvements grant of 5 million dollars. He also noted other funding was being looked into. Janke responded to Commissioner Keil's questions on the Capital Improvement Planning process, stating this process will be starting in August or September. Commission Comments Keil stated she was pleased that City Council had decided not to construct the proposed restrooms in the Fourth and Adams Park. Larson noted the importance of securing a pedestrian easement in the Lindsey proposal. She suggested the possibility of the City granting an access easement rather than an outright sale of city property. Larson expressed sadness over the Chugach Heritage Center losses after all the rehabilitation work that had been done. Sterling spoke in support of the Commissions taking an active developing role in the Capital Improvement Plan. Hohl noted the need for restroom facilities at the Little League ball field. Smith voiced concern over safety issues with the fueling process at the Gateway Texaco station. He noted the lease was expanded to resolve these issues and requested information on the status of the lease. Janke stated he would follow-up on lease conditions, which required that the lessee construct a sidewalk on the south property line of the city parking lot. Griswold noted she had attended a car wash at the proposed multi -use center at the Seward Highway and Port Avenue, and the ingress and egress of traffic was a problem. She hoped a traffic study would be completed before the building of a retail site at that location. Griswold requested information on eminent domain of public access. Citizen Comments - None Commission & Administration Response to Citizens' Comments Hohl stated that the borough attorney had determined that the Alaska Railroad was required to subdivide property that leases long term. She also commented that the off street parking in front of the Subway does not meet City Code. She would like this looked into as a safety issue. City of Seward Alaska Planning Commission Minutes July 10 2001 Volume 5, Page213 Adjournment The meeting was adjourned at 9:50 p.m. Donna Glenz Planning Clerk (City Set�urrrrr • 6+�`• pF SEl�. rrrP i SEAL eSq lye � ►,-•' S �� ►�. OF 'P.*0 City of Seward, Alaska August 7, 2001 Call to Order %aAt QA o<� Carol Gris ld Chair Planning Commission Minutes Volume 5, Page 213 The August 7, 2001, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Tom Smith, Vice -Chair. Opening Ceremony Rook led the pledge of allegiance to the flag. Roll Call There were present: Tom Smith, presiding, and Lynn Hohl Cindy Rook Kristi Larson Patrick Sterling Mariana Keil City of Seward, Alaska August 7, 2001 comprising a quorum of the Commission; and Rachel James, Planner Donna Glenz, Planning Clerk Absent were: Carol Griswold - excused Special Reports City Administration Report Planning Commission Minutes Volume 5, Page 214 James requested input on the American Planning Association Audio Conference Training being offered over the next year. She stated that action by City Council on the request by Chugach Alaska Corporation to amend the covenants on the Seward Depot had been postponed to the meeting of August 13, 2001. KPB Planning Commission Report, Lynn Hohl submitted a written report of the recent Borough Planning Commission meeting. Citizens' Comments on Agenda Items Not Scheduled forPublic Hearing and Items Other Than Those on the Agenda - none Approval of Agenda and Consent Agenda Hohl requested the July 10, 2001 minutes be amended by adding `and this proposal does just that;' to her statement "....spent on Two Lakes Park". And to the discussion on U.S.S. 1931 add the statement "Hohl requested the actual route of the emergency evacuation route and whether or not it crossed the property Lindsey had requested to purchase". Motion (Larson/Sterling) Approve the Agenda and Consent Agenda The Chairman read the titles of the following consent agenda items approved by the Commission: The July 10, 2001 regular meeting minutes were approved as amended. Motion Passed Public Hearings Unanimous Consent Preliminary Plat Review of High Point Subdivision, located west of Forest Acres Subdivision City of Seward, Alaska Planning Commission Minutes August 7, 2001 Volume 5, Page 215 James reviewed the preliminary plat of High Point Subdivision. She stated that the proposed subdivision would create 13 new residential lots, currently zoned Resource Management (RM). James noted a subdivision agreement addressing all of the required public improvements would be necessary. She noted that Dave Calvert, Manager of Engineering and Utilities; Dave Squires, Fire Chief; and W. C. Casey, Public Works Superintendent were all present to answer specific questions regarding the required public improvements. She stated that fire code required on site water supply for fire protection. James highlighted the bridge requirement across Japanese Creek, stating the bridge would need to be designed by a professional engineer and approved by the city engineer. James stated that the administration supported the Commission recommending Kenai Peninsula Borough approval ofthe High Point Subdivision Preliminary plat subject to the following conditions: The property owner entering into a subdivision installation agreement with the City of Seward to ensure all the required improvements are developed, including construction of a bridge across Japanese Creek designed by a professional engineer to meet expected loads and flooding of Japanese Creek. 2. All necessary utility easements required by the City of Seward Engineering Department. 3. A 30 foot utility and right-of-way easement on the east side of Hemlock Street within the southwest corner of the subdivision. 4. Correct labeling of Japanese Creek identified on the preliminary plat as Japp and Jap Creek, and delineate creek within the subdivision. 5. Delineate levee location and existing easements for the Japanese Creek levee. 6. In accordance with recommendations ofthe Seward Comprehensive Plan, the developer must provide a determination from a professional engineer that Lots 1-13 are not subject to landslides, mass wasting, or avalanche hazards. 7. Commission initiate rezoning Lots 1-13 from Resource Management to Rural. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Steve Schafer, 2.5 Nash Road, noted that he was available for any questions from the Commission. Motion (Larson/Keil) Recommend Kenai Peninsula Borough Planning Commission approval of the preliminary plat of Highpoint Subdivision, located west of Forest Acres Subdivision, subject to the administrations recommendations. City of Seward, Alaska Planning Commission Minutes August 7, 2001 Volume S, Page 216 In response to questions by Larson on the bridge, road and utility construction being cost prohibitive, Schafer stated he had further questions on the bridge, and he needed to receive the requirements on road standards from the City. Schafer stated the need for some guardrails on portions of the road, in response to Rook. Hohl noted the need for a school bus turn around area. She also stated the Kenai Borough Code had requirements that would have to be addressed. Smith expressed concern regarding whether or not a well could be drilled. Calvert addressed concerns from Smith regarding the bridge across Japanese Creek to protect public safety. Smith stated he would like to see additional information prior to recommending approval of the subdivision. Squires responded to questions from Hohl regarding the cul-de-sac turn around area by noting he would need more area. Motion (Smith/Sterling) Motion Passed Motion (Sterling/Larson) Motion Passed Amend condition number 1. to add: "including construction of a bridge over Japanese Creek designed by a professional engineer to meet the expected work load and flooding of the area." Unanimous Amend the motion to include the following condition: "The subdivision will meet the requirements of the fire department to provide adequate space to turn around emergency service vehicles." Unanimous In reply to Smith, Schafer stated the concern for providing water supply for fire protection could be addressed in the covenants requirements. Motion (Hohl/Larson) Motion Passed Recess from 8:25 to 8:35 Amend the motion to include the following condition: "The developer will work with the Borough School District to provide an acceptable designated school bus turn around within the subdivision." Unanimous City of Seward, Alaska Planning Commission Minutes August 7, 2001 Volume 5, Page 217 In response to questions from Schafer, James discussed the need for the right-of-way on Hemlock Street. Motion (Hohl/Rook) Amend the motion to include the following condition: "The City defers to the Borough the items in the Borough Subdivision Code not covered by the City Code." Hohl expressed concern that the Borough would think the commission had reviewed code items when in fact they had not. James responded to clarify the process, stating the Borough was the subdivision authority and final approval for all subdivisions within the Borough. If a subdivision was within the city the Borough would not accept a preliminary plat for review until after City Planning & Zoning Commission review and recommendation. Smith stated that the commission needed to make decisions on the review items or let the Borough know they had not. Motion Passed Vote on the main motion as amended Motion Passed Yes: Hohl, Keil, Larson, Rook, Smith No: Sterling Unanimous Review of a proposal for the City to purchase Lot 16, Block 11, Laubner Addition, for city park purposes. This property is a single 30 foot by 100 foot lot located at 1109 Second Avenue immediately south of city -owned park land across Second Avenue from the Lagoon Park pavilion. Karin Sturdy, Parks and Recreation Director, reviewed the proposal noting the realty company had received an offer of intent on this property, however staff still supported the commission providing a recommendation on the city acquisition of this property. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Motion (Larson/Rook) Recommend that the City purchase Lot 16, Block 11, Laubner Addition, for city park purposes. Motion Passed Unanimous City of Seward, Alaska Planning Commission Minutes August 7, 2001 Volume 5, Page 218 Review of a request by Ken Allen for the City to consider the acquisition of U.S.S. 1931, and address the existing Two Lakes Trail encroachment on the private property. U.S.S. 1931 is a 29.16 acre unimproved parcel that is generally located west of Two Lakes Park on the side of Mt Marathon. Karin Sturdy reviewed the request by Ken Allen that the City consider the acquisition of U.S.S. 1931, noting that W.C. Casey, Public Works Superintendent was available for questions from the Commission regarding the emergency evacuation route. In response to Hohl, Casey stated that there had been requests to keep the emergency evacuation route open, however it had not been maintained for many years. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Bob Linville, 1205 Vista, noted that he owned the property immediately adjacent to U.S.S. 1931. He spoke in support of the City purchasing this property, noting the emergency evacuation route was the portion of property that could be developed. Motion (Keil/Hohl) Recommend City proceed to acquire U.S.S. 1931. Keil spoke in support of the City purchasing the property, noting that the emergency access route should be preserved and the tree covered back drop for the city view was important. Sterling supported the acquisition but questioned where the funds would come from. Hohl noted that up to $30,000 grants were available through the State to develop and maintain recreational trails. Motion (Hohl/Larson) Amend motion to add City Manager exam- ine grant funds, funds from previous sales of City land, trade of comparable City property, inclusion on the federal priority list as sources of funding for acquiring the property. Sterling noted if city land was sold to Lindsey, those monies could also be used as possible funds to acquire U.S.S. 1931. Motion Passed Unanimous Vote on the main motion as amended. Motion Passed Unanimous City of Seward, Alaska August 7, 2001 Unfinished Business Planning Commission Minutes Volume 5, Page 219 Resolution 2001-10, granting a Conditional Use Permit to Michael Cluff to develop a Multi -Unit Retail Centerwithin the Auto Commercial Zoning District on a portion of Alaska Railroad Right -of -Way, and Lot 1, Block 2, North Harbor Subdivision located at the northeast corner of the Seward Highway and Port Avenue. James noted this item was postponed from the June 5, and the July 7, 2001 meeting. She mentioned that she had left a telephone message with the applicant, but was not certain if he knew that this item was on the agenda. She noted that the applicant had informed her after the June meeting that he had to hire a new architect. She stated a motion to approve Resolution 2001-10 as amended was on the floor. Motion (Larson/Smith) Postpone Resolution 2001-10 until the September 4, 2001 meeting. Larson felt the petitioner should be available before proceeding with the motion. Rook spoke in support of postponing, in order to receive more information from the new architect. Motion Failed Vote on Resolution 2001-10 as amended Motion Passed Yes: Rook, Larson No: Sterling, Hohl, Keil Smith Unanimous Commission schedule a site visit to examine the portion of city -owned U.S.S. 703 that Dale Lindsey has requested to purchase. Discussion was held and site visit was scheduled for 6:30 p.m., on September 4, 2001, at the First Lake Pavilion. New Business Application by Oriental Garden Restaurant, Young Yoo for a sign variance to exceed the maximum allowed size for a freestanding sign at 313 Fourth Avenue, on Lots 12-14, & North V2 of 15, Block 15, Original Townsite of Seward. James reported that Yoo had applied for a sign permit for a 64 square foot internally illuminated sign. She explained that the code allowed for one 32 square foot internally illuminated, freestanding sign with a maximum of 50 square feet if not internally illuminated, per street frontage. Based on the sign code provision, this property would be allowed two freestanding signs. She noted a sign permit was issued for one 32 square foot internally illuminated freestanding sign. City of Seward, Alaska Planning Commission Minutes August 7, 2001 Volume 5, Page 220 Motion (Hohl/Larson) Approve resolution 2001-11. In response to Larson, James stated this property was allowed two 32 square foot internally illuminated, free standing signs, one on Fourth Avenue and one on Church Street. James responded to Keil, noting the property, according to code was allowed a large amount of signage and the wall signs would be allowed to remain. Hohl voice concern for the code provision allowing two freestanding signs on one property when property was adjacent to two street frontages. Sterling spoke in support of approving only 32 square feet of illuminated signage, stating the need to keep the glare to a minimum. In reply to Larson, James stated the variance would allow one 32 square foot portion internally illuminated and one 32 square foot portion non -illuminated, freestanding sign on this property. Hohl questioned if Church Street was a dedicated street or was it an alley. Motion Passed Unanimous Informational Items and Reports - none Commission Discussion Smith stated the emergency access route was perceived as useable. He noted the City should investigate keeping the route as an emergency evacuation route and if supported keep it open. Casey expressed concern regarding the expense of snow removal in the winter. Squires stated if the route were identified and roughed in, the route would not need to be plowed through the winter. Most of the emergency equipment was four-wheel drive. Smith supported making a recommendation to the City Manager and Council that the plan for the use of the emergency evacuation route should be reviewed. The Commission expressed support for Smith's recommendation. City of Seward, Alaska August 7, 2001 Commission Comments Planning Commission Minutes Sterling voiced support for the subdivision work that was done. Volume 5, Page 221 Hotel noted the bunkers in the proposed new subdivision and expressed she would like to see the Historic Preservation Commission take pictures or make note ofthem before they were removed. Larson thanked the City Council representative for staying and Dwayne Atwood from the Phoenix Log for the articles he had been writing. Keil noted the work that had been accomplished. Rook stated she was finding the job on the commission very interesting and challenging. Citizen Comments Dave Squires, 2423 Maple Street, wanted to address the Commission as the Fire Chief. He noted that he had proposed a resolution to the City Manager to use available fill material to fill in Lot 10A, Fort Raymond Subdivision, in preparation for future building of a Fire Station on the lot. Commission & Administration Response to Citizens' Comments -none Adjournment The meeting was adjourned at 10:00 p.m. LEZ lei I A, Z Donna Glenz SEAL t °t ® 1.7Y.Ji. O ...Y O J Tom Smith Vice - Chair City of Seward, Alaska Planning Commission Minutes September 4, 2001 Volume S, Page 222 Call to Order The September 4, 2001, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Carol Griswold, Chair. Opening Ceremony Sterling led the pledge of allegiance to the flag. Roll Call There were present: Carol Griswold, presiding, and Lynn Hohl Kirsti Larson Tom Smith Patrick Sterling comprising a quorum of the Commission; and Rachel James, Planner Donna Glenz, Planning Clerk Absent were: Marianna Keil - excused Cindy Rook - excused Special Reports City Administration Report James reported the City had received a one million dollar grant from the State for the Seward Shipyard, work would include utility extensions such as water, sewer, electric lines, fire hydrants and possibly a fabrication shop. She noted that the State Department of Transportation and Public Facilities was hosting a public meeting on September 6, 2001, on the Port Avenue/Harbor Pedestrian Pathway project. The purpose of the meeting was to introduce the design concept prepared by the landscape architects and gather public comment on the project. James stated that the City had scheduled a community meeting September 13, 2001 to present the Japanese Creek Levee/North Forest Acres Road flood hazard mitigation project and solicit project needs and issues from the public. She noted the Council had directed the Planning and Zoning Commission to identify a location for a potential recreational motocross course. KPB Planning Commission Report, Lynn Hohl submitted a written report of the recent Borough Planning Commission meeting. City of Seward, Alaska Planning Commission Minutes September 4, 2001 Volume S, Page 223 Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those on the Agenda - none Approval of Agenda and Consent Agenda Motion (Larson/Hohl) Approve the Agenda and Consent Agenda Griswold requested Item A, August 7, 2001 regular meeting minutes and Item B, Resolution 2001-14, supporting and recommending City Council support of the Seward Airport Improvement Project be removed from the Consent Agenda and placed for discussion on New Business. Motion Passed Unanimous Consent The Chairman read the titles of the following consent agenda items approved by the Commission: Rescheduling the Tuesday October 2, 2001 Regular Planning and Zoning meeting to Wednesday, October 3, 2001. Schedule of Proposed Actions for Environmental Analysis on the Chugach National Forest. Public Hearings Review of a request by Dale Lindsey to purchase a f 6,000 square foot (20' x 300') portion of city -owned U.S.S. 703, and providing a recommendation to the City Council. James reviewed the request by Dale Lindsey to purchase a portion of city -owned U.S.S. 703. She stated that Lindsey was no longer willing to provide a pedestrian easement over his property for the public to access Two Lakes Park. She noted that public access to the park would need to be acquired from the adjacent parcel, owned by the Callahans. She also noted that Dale Lindsey and Maureen Callahan were available for questions from the Commission. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Dale Lindsey - 704 First Avenue, verified he no longer was willing to provide a pedestrian easement over his property, stating the public access to the park rested with the Callahan's property. He stated the requested property was not needed for access to the rear of his property, but to provide breathing space between his home and the City property. In response to questions from Hohl, Lindsey stated he could consider an access easement as opposed to an outright purchase. City of Seward, Alaska Planning Commission Minutes September 4, 2001 Volume 5, Page 224 Request by Commissioner Smith to suspend the rules to ask questions of Maureen Callahan. There was no objection from the Commission and the chair suspended the rules. In response to Smith, Maureen Callahan stated the Callahan's would be willing to negociate a sale of property to allow access to the Two Lakes Park. She noted any negotiations would need to wait until Tom Callahan was available in November. Hohl spoke to postpone the recommendation. Smith spoke in support of acquiring property from the Callahan's for public access to the Two Lake Park area. He noted that funds from the sale to Lindsey could be used to acquire access. Smith stated he would like to know the value of the City property before proceeding in making a recommendation. Sterling opposed selling park property, noting that the sale was the issue at hand. He spoke in support of acquiring a small access easement over the Callahan's parcel. Smith supported resolving the public access issues to the Two Lake Park. Motion (Griswold/Larson) Postpone the Recommendation until the November 6, 2001 meeting with the direction for administration to bring back further options for Commission consideration. Griswold supported postponement, stating she wanted more information on the City obtaining access to the Two Lakes Park. Hohl supported the postponement to allow time for the City, Lindsey and the Callahan's to discuss the public access issues. Motion Passed Unanimous Consent Resolution 2001-12 granting the American Legion #5 and Iron Mountain Shooting Club a Conditional Use Permit to develop and operate a rifle and pistol range on property located at the end of Dimond Boulevard, described as the NE 1/4, NE 1/4 of Section 28, TIN, R1W Seward Meridian, and further identified as Kenai Peninsula Borough Tax Parcel Number 144-240-05. James explained that the Commission granted the American Legion a Conditional Use Permit (CUP) for the proposed shooting range in 1997, however that permit expired because the use was never initiated. She reviewed the conditions of the expired 1997 CUP. She noted the location was the previous landfill site and the borough had restricted the applicant from disturbing the existing soil covering the compacted waste. She stated there were no utilities on the site, noting the applicant City of Seward, Alaska Planning Commission Minutes September 4, 2001 Volume 5, Page 225 would provide portable restrooms. James also noted that a 9' X 35' ATCO building had been placed on the site which was allowed by the 1997 CUP. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Bob White - Old Exit Glacier Road, spoke representing the Iron Mountain Shooting Club. Stating the American Legion and Iron Mountain shooting club had worked on the property and was continuing to get the range masters qualified with the City Police Chief. White stated that they would be unable to comply with the condition that the ATCO building be secured to the ground. He stated the Borough lease did not allow them to penetrate the ground, because the Borough had a vapor barrier two feet underground that could not be penetrated. Motion (Sterling/Smith) Approve Resolution 2001-12 Sterling stated he had extensive experience with shooting ranges and commended White and the Shooting Club on the work they had done. Griswold voiced concern over the shooting range not having a separate address number from the Borough Transfer Facility, stating confusion could arise in an emergency. She questioned the location of the ATCO building on the lease parcel. Motion (Griswold/Larson) Motion Passed Motion (Griswold/Larson) Amend Resolution 2001-12 by adding condition; Shooting range shall be assigned a street address different from the Borough Transfer Facility. Unanimous Consent Amend Resolution 2001-12 by striking Condition 3 and replace with; The ATCO building will be placed on site, and shall be subject to approval by the building official. Commission discussed the site location of the ATCO building. Motion Passed Motion (Griswold/Larson) Unanimous Consent Amend Resolution 2001-12 by adding Condition 11, Permittee shall provide the Community Development Office with an accurate site plan of the lease parcel. Motion Passed Unanimous Consent City of Seward, Alaska Planning Commission Minutes September 4, 2001 Volume S, Page 226 Vote on Main Motion as Amended Motion Passed Recess from 9:20 to 9:25 Unanimous Consent Resolution 2001-13 recommending Kenai Peninsula Borough approval of the preliminary plat of Snowden Subdivision Park Place Replat; and further recommending City Council approval of a Land Use Plan and Zoning Amendment of that portion of Tract B, Park Place Subdivision that is to be combined with Lot IA, Block 7, Snowden Subdivision from Park to Urban Residential. James reviewed the request by Brad Snowden to resolve the Huhn Lane road encroachment issue by the City on personal property. She noted that the City manager had negotiated with Snowden, and Council had approved a land trade agreement to resolve the issue. Hohl declared a possible conflict of interest. Griswold ruled no conflict of interest as Hohl would have no personal financial gain from the outcome of the issue. Motion (Sterling/Smith) Approve Resolution 2001-13. Sterling voiced support for the resolution. Griswold requested the City owned property be identified as public park land. She spoke against the amount of park land in the trade, being more than the return parcel. Motion Passed Yes: Larson, Smith, Sterling, Hohl No: Griswold Unfinished Business Amending the Commissions recommended conditions on the High Point Subdivision Preliminary Plat. James stated the applicant had requested the Commission review and remove Condition Three; a 30 foot utility and right-of-way easement along Hemlock Street within the southeast corner of the subdivision, from the conditions of the plat approval recommendation. She noted that after review by administration it was found that the unsubdivided remainder was not part of the subdivision. Administration recommended that the Commission remove condition number three because the condition was not related to the proposed development. Hohl declared an ex-parte contact with the applicant, stating she discussed the subdivision with the applicant. She stated she had explained to him it was her understanding that the Borough had previously, in other plat reviews required right-of-way dedications within unsubdivided remainders. City of Seward, Alaska Planning Commission Minutes September 4, 2001 Volume 5, Page 227 Motion (Sterling/Larson) Approve the request to amend High Point Subdivision Preliminary Plat Approval Recommendations by deleting Condition Number 3. Sterling spoke to support the recommendation. Stating the applicant was not subdividing that portion ofthe subdivision. Should the unsubdivided remainder be subdivided in the future, the utility and right-of-way easement would be addressed at that time. Hohl stated it was to her understanding that the unsubdivided remainder was part of the subdivision. Motion Passed New Business Unanimous August 7, 2001, Regular Meeting Minutes. Griswold asked for clarification on the freestanding sign ordinance. James responded stating the sign ordinance allowed one freestanding sign per street frontage. Griswold requested work be done on a code amendment to allow only one freestanding sign per development. The Commission concurred that review of the freestanding sign ordinance was needed. Motion (Griswold/Larson) Approve August 7, 2001 Regular Meeting Minutes. Motion Passed Unanimous Consent Resolution 2001-14, supporting and recommending city council support of the Seward Airport Improvement Project. Motion (Larson/Sterling) Approve Resolution 2001-14. In response to questions from Griswold on Resurrection River wetlands, James stated the Airport Improvement Project would be reviewed by environment review. Motion Passed Informational Items and Reports - none Yes: Hohl, Larson, Smith, Sterling, Griswold City of Seward, Alaska September 4, 2001 Commission Comments Planning Commission Minutes Volume 5, Page 228 Sterling voiced strong disappointment with the Commission action on the Lindsey request. He stated the Commission should have voted on the request not postponed it. He felt that the issue of access to the park would now be taken out of the City's hands. Hohi supported the postponement of the Lindsey request, stating she was confident that the access needs of the City would be kept in mind as part of the solution. Smith also voiced disappointment with the postponement. Noting the access issue was the key factor. Larson supported the postponement, stating she preferred to wait than to make a rash decision. Griswold supported the postponement. She stated public property is a treasure that should be taken care of. She stated she was very reluctant to dispose of any city park property, noting she did not support of the results of the Snowden/Park Place replat. Citizen Comments - None Commission & Administration Response to Citizens' Comments -None Adjournment The meeting was adjourned at 10:10 p.m. onna Glenz Planning Clerk (City SeMuaII#,, �0•���t OF SEjyq 06 � ryyyry r EE r , „ i iL M • i b i d I el ` �►q Carol Griswol Chair City of Seward, Alaska October 3, 2001 Call to Order Planning Commission Minutes Volume 5, Page 229 The October 3, 2001, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:35 p.m. by Carol Griswold, Chair. Opening Ceremony Larson led the pledge of allegiance to the flag. Roll Call There were present: Carol Griswold, presiding, and Lynn Hohl Patrick Sterling Kirsti Larson comprising a quorum of the Commission; and Scott Janke, City Manager Rachel James, Planner Donna Glenz, Planning Clerk Absent were: Marianna Keil - excused Cindy Rook - excused Tom Smith - excused Special Reports City Administration Report Janke reported the City had received a 1.3 million dollar grant from the Economic Development Administration for the East Harbor Expansion project. Bringing the total to 4.2 million dollars for the 13 million dollar project which would involve relocation of the breakwater and dredging of the channel entrance in the small boat harbor. He also stated administrations goal was to secure the Federal Government portion of monies for the project. Janke stated the City had been working on the Capital Improvements Project (CIP) Budget; noting that with the events ofthe recent terrorist attacks on the nation, administration had made a decision to reduce the revenue forecast by twenty percent. Janke also stated he had been working with the Alaska SeaLife Center and various other local groups to submit a grant application to the Alaska Department of Community and Economic Development to further the goals of the Seward Education Initiative. City of Seward, Alaska Planning Commission Minutes October 3, 2001 Volume 5, Page 230 James reported that because of difficulties in securing the right-of-way connection between the east end of Port Avenue and the railroad dock, the State had cut that portion from the Port Avenue Project. She noted that she would attend an agency review meeting October 16, 2001 in Anchorage on the project. James reported on the Seward Highway 0-8 project. She stated that phase one, the bridge work portion of the project was scheduled to begin construction in the spring of 2002. Phase two of the project, the pathway portion was scheduled for construction to begin in 2004. KPB Planning Commission Report, Lynn Hohl stated she was unable to print the written report of the recent Borough Planning Commission meeting. She noted that the report was given to the administration to forward to the Commission and interested public. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those on the Agenda Walter Corrigan, 1708 Chiswell Street, spoke as the Deputy Commander of Operations Officer of the Seward Civil Air Patrol, stating the conditions of the proposed floodplain variance permit allowing construction of an aircraft hanger below the base flood elevation on Lot 4A, Seward Airport would not be feasible for the use of the proposed hanger. Corrigan asked the Commission to remove the conditions, explaining that elevation of the hanger would cause a hardship in pushing aircraft into the hanger, and that automatic openings for flood waters could allow snow and/or water to freeze aircraft and doors to the hanger floor. Judy McDonald, 611 Sixth Avenue, spoke as the Commander ofthe Seward Civil Air Patrol, to clarify the elevation at the site of the proposed aircraft hanger. She explained when the application was submitted the base flood elevation (BFE) was thought to be 20 feet; however it was later determined by the surveyor that the BFE was 21.5. She reiterated the need to remove the conditions of the flood variance permit, noting safety issues. Keith Ham, 1702 Resurrection Boulevard, noted he was an active member of the Civil Air Patrol and spoke in support of removing the conditions of the floodplain variance. Stephanie Morland, 206 Marathon, stated the previous speakers had addressed her concerns. Joni Leopardi, 506 Fifth Avenue, stated that she was there in support of the Civil Air Patrol's variance request and that the previous speakers had addressed her concerns. Approval of Agenda and Consent Agenda Motion (Griswold/Hohl) Motion (Hohl/Larson) Approve the Agenda and Consent Agenda Move Item 9A, Resolution 2001-16, Granting the Civil Air Patrol a Floodplain Variance, prior to Unfinished Business, to accommodate the public. City of Seward, Alaska Planning Commission Minutes October 3, 2001 Volume 5, Page 231 Motion Passed Unanimous Consent Griswold requested Item 10 A, Letter and Information from the Alaska Railroad, be removed from the consent agenda and placed under New Business for discussion. Motion Passed Unanimous Consent The Chairman noted that the September 4, 2001 minutes, were approved on the consent agenda, as written and the Yukon Fuel Company material was noted for information. New Business Resolution 2001-16, Granting the Civil Air Patrol a variance from the Seward City Code 15.25 Floodplain Management to construct an aircraft hanger on Lot 4A, Seward Airport Lease property. James reviewed the Variance Application by the Civil Air Patrol to construct an aircraft hanger below the base floodplain. She stated that the base flood elevation was determined by the surveyor to be 21.5 feet, and the administration agreed with that determination. She reviewed the proposed findings in the resolution recommended by the administration in support of granting the variance. Janke spoke in support of the Variance including the removal of the conditions, stating the public safety provided by the Civil Air Patrol to the community was a priority. Motion (Sterling/Hohl) Motion (Larson/Sterling) Motion Passed Vote on Resolution 2001-16, as amended Motion Passed Unfinished Business To approve Resolution 2001-16, Granting the Civil Air Patrol a variance from the Seward City Code 15.25 Floodplain Management to construct an aircraft hanger on Lot 4A, Seward Airport Lease property. Amend Resolution 2001-16, by removing condition 1, a. through c. Yes: Sterling, Hohl, Larson, Griswold Yes: Hohl, Larson, Sterling, Griswold Resolution 2001-15, recommending that the City Council support requesting a dedicated right-of-way along the existing ballfield access road from the Kenai Peninsula Borough. City of Seward, Alaska Planning Commission Minutes October 3, 2001 Volume S, Page 232 James reviewed the history on the right-of-way request, stating this was a request for a needed access through Borough land to the City's Citizen's Field. She noted the current road access was first established in 1979 when the City put the water line through, stating there was no easement on file for the water line. She also stated support for future extension of the proposed right-of-way through to Hemlock Street. Janke noted he had support from the Borough for the right-of-way through Borough land. Griswold declared a possible conflict of interest. Commissioner Larson, as senior member of the Commission, declared no conflict. Motion (Larson/Sterling) Approve Resolution 2001-15 Hohl stated she would like input from the school principals on the right-of-way before she could support the resolution. She stated that she would not support a right-of-way, noting she would support an easement. Hohl stated an easement would allow access to the ball field and continue it to be locked, where as a right-of-way must remain open to the public. Motion (Hohl/Griswold) Motion Failed Vote on Main Motion Motion Failed Amend Resolution 2001-15 to change dedicated right-of-way to an access easement. Yes: Hohl, Griswold No: Sterling, Larson Yes: Sterling, Larson No: Hohl, Griswold Note: Hohl requested a reconsideration of Resolution 2001-15 during Commission Comments. New Business Resolution 2001-17, Recommending City Council approval of the 2002-2004 Capital Improvement Plan. Janke reviewed the Capital Improvement Plan (CIP), explaining how the CIP was used in applying for grant funds. In response to Sterling, Janke reviewed questions regarding public safety and harbor projects. Discussion was held on street paving of Forest Acres Subdivision. City of Seward, Alaska October 3, 2001 Motion (Hohl/SterGng) Motion(Hohl/Sterling) Motion Passed Vote on Main Motion Motion Passed Informational Items and Reports Planning Commission Minutes Volume 5, Page 233 Approve Resolution 2001-17. Amend Resolution 2001-17, by adding Re- paving the Dimond/Ash/Evergreen intersection to the Capital Improvement Plan. Yes: Hohl, Larson, Sterling, Griswold Yes: Larson, Sterling, Hohl, Griswold Letter and Information from the Alaska Railroad Corporation (ARRC) regarding the Seward Employee Campground and the ARRC's exemption from municipal zoning ordinances. In response to Griswold, Janke stated that lessees ofARRC property were required to comply with municipal zoning codes. Alaska Municipal League Training, Newly Elected Officials Seminar; November 26-279 2001. James reviewed the Alaska Municipal League's Newly Elected Officials Seminar, to be held in Anchorage, November 26-27, 2001. She noted that money was budgeted for training and encouraged the Commissioners to attend. Commission Comments Larson stated she was excited about the Civil Air Patrol aircraft hanger. Sterling voiced he was happy about the work that had been accomplished. He spoke to the vending cart issue, proposing the issue be worked on by the Commission at a work session soon. He stated bunkhouses in the Industrial Area also needed to be re-examined. Griswold thanked the Commission for their hard work. Noted the absent Commissioners were missed, and voiced concern for attendance. She noted that she had received a call from a concerned citizen regarding the condition of the bunkhouses that had been allowed in the Industrial area by permit. Also noting concern for railroad cars in the Industrial area, the "For Rent" sign on the tent in the Leirer Industrial area, and the lack of enforcement regarding the overhang on the new Seward Ship Ace Hardare store. Hohl requested Resolution 2001-15 be brought back for reconsideration. City of Seward, Alaska October 3, 2001 Citizen Comments - None Planning Commission Minutes Commission & Administration Response to Citizens' Comments Volume 5, Page 234 James noted that Westours had not provided required plans for bunkhouses and they had not received a permit. She noted that two Commissioners had requested re-examination of allowing bunkhouses in the Industrial District. Janke responded to Commissioner Griswold, stating that because the Leirer Industrial area was not an approved platted subdivision, the property line was not clearly defined and therefore it was questionable if the overhang was in the setback. Adjournment The meeting was adjourned at 10:10 p.m. ZLI2ZL-1 Donna Glenz Planning Clerk (City Sea]) wA�#!l606dOplP • � r T'1'y Carol Griswold) Chair City of Seward November 6, 2001 Call to Order Planning Commission Minutes Volume 5. Paze 235 The November 6, 2001, regular meeting ofthe Seward Planning and Zoning Commission was called to order at 7:35 p.m. by Carol Griswold, Chair. Opening Ceremony Keil led the Pledge of Allegiance to the flag. Roll Call There were present: Carol Griswold, presiding, and Lynn Hohl Kirsti Larson Marianna Keil Tom Smith comprising a quorum of the Commission; and Absent were: Scott Janke, City Manager Rachel James, Planner Donna Glenz, Planning Clerk Cindy Rook - Patrick Sterling - excused Special Reports City Administration Report Janke reported on the Japanese Creek Levee/North Forest Acres Road Project, stating there were seven alternative routes being reviewed by the Environmental Assessment. He noted a town meeting was planned for mid January, to allow for community comment. Janke also noted the funding for the east boat harbor expansion project was moving along. James stated that Fred Esposito director of Alaska Vocational Technical Center (AVTEC) was presenting the five year capital plan to the Port and Commerce Advisory Board and Planning and Zoning Commission at noon on November 21, 2001. She also noted that requests for suggestions on naming the park at Fourth and Adams had gone out to the public and were due in by November 26, 2001. City of Seward Planning Commission Minutes November 6 2001 Volume 5, Page 236 KPB Planning Commission Report, Lynn Hohl submitted a written report of the recent Borough Planning Commission meeting. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those on the Agenda Piper Dixon, Moosehom Drive, read a resolution from the Seward Elementary Student Council, requesting that the Kenai Peninsula Borough lands between the elementary & high school be designated a Seward Schools Natural Area. Tyler Haddow, 13245 Cherrywood, student of Seward Elementary, spoke of safety issues for students walking between the elementary and high school if a road were to be approved. Kip Dixon, Moosehorn Drive, Secretary Seward Middle School Student Council, stated he supported maintaining the cross-country track and ski trails between the Seward Elementary and High Schools. Flip Foldger, 34045 Johnson Road, spoke in opposition to road access between the two ball fields, stating he wanted more discussion and to look at other options. Tara Swanson, Lancelot Drive, stated as a student she had used the area between the two schools for numerous years for many school projects. Mark Swanson, Lancelot Drive, spoke as a teacher of Seward Elementary School, stating he had used the area between the two schools for nature studies and other activities with his students and did not support a road through the area. Dan Marshal, Questa Woods Subdivision, spoke as a teacher and cross-country coach in support of keeping the area between the two schools as a natural area. He noted that he and many others had spent a significant amount of time developing and maintaining the trail system. Hyun Kim, 2405 Evergreen Street, student of Seward schools, stated he used the area between the schools as a natural area, and did not support a road through the area. Sharon Stevens-Ganser, 23434 Nash Road, spoke as a teacher of Seward Elementary, noting that the area between the schools was a safe and secure area without traffic, which she would like to see it remain that way. Marion Glasser, 32262 Lakestar Lane, student and member of the cross country team, She stated she enjoyed using the trails close to the schools, adding that they were secluded and she would like to see them stay that way. City of Seward Planning Commission Minutes November 6 2001 Volume 5, Page 237 Tommy Blair, Forest Acres, noted he did not know what street he lived on because he did not have a street sign on his street. He spoke as a student of Seward schools, stating that he used the area and trail system between the schools daily. He would support improvement to the trail system but not a road. Heather Apperson,1916 Dora Way, student of Seward schools, stated she had used the trail system and supported preservation of the area between the schools. Jolie Glaser, 32262 Lakestar Lane, student of Seward schools, spoke in support of maintaining the trail system between the schools. Rich Houghton, 209 Benson, teacher and cross-country coach, reported that Seward had hosted the regional cross country meet on the trail system between the two schools, and added that any fixture meets would not be possible if a road were developed through the area. Doug Jones, Bruno Road, student of Seward schools, stated he did not support a road through the area between the Elementary and High School. Willow Hetrick, Seward Highway, Moose Pass, student of Seward schools, spoke as an avid runner and cross-country team member, in support of the trail system. Branden Elde, Victor Drive, student of Seward schools, spoke as a cross-country runner in support of the trail system without a road access. Nathaniel Capra, 212 Resurrection Boulevard, student of Seward schools, spoke as the cross-country team manager, stating the safety and security of the area would become an issue if a road were put in. Jim Fredrickson, 212 Benson Drive, spoke as a retired teacher and principal of the Seward schools. He noted the many hours of work that had gone into the trail system between the two schools. He questioned the need for a road. Tom Callahan, 613 First Avenue, spoke to the Commission about the south access to the Two Lakes Park. He reported that the public had crossed his property to access to the park for many years and that he had no objection to the continued use. He noted he was planning on subdividing his parcel and that he did not want to enter into any easements with the City at this time. Approval of Agenda and Consent Agenda Motion (Larson/Smith) Motion (Larson/Hohl) Approve the Agenda and Consent Agenda Move item 8B, the reconsideration of Resolution 2001-15. To follow item 6 on the Agenda to accommodate the public. Motion Passed Unanimous Consent City of Seward November 6, 2001 Vote on the Agenda & Consent Agenda, as Amended Motion Passed Planning Commission Minutes Volume 5. Page 238 Unanimous Consent The Chairman noted that the October 3, 2001 minutes were approved on the consent agenda, as written. Unfinished Business Resolution 2001-15, recommending that the City Council support requesting a dedicated right-of-way along the existing ball -field access road from the Kenai Peninsula Borough. Janke explained the need for the utility easement and access to the Citizen's Field; noting there was no current plan to build a road through the Kenai Peninsula Borough property to connect Forest Acres and Jesse Lee Heights Subdivisions. He stated the need for legal access to the existing water lines and the future need to extend these water lines through to the Forest Acres Subdivision. James thanked the audience for their input on this issue. She reviewed the history on the right-of-way request, stating this was a request for needed access through Borough land to the City's Citizen's Field. She noted the current road access was first established in 1979 when the City put the water line through, stating there was no easement on file for the water line. James reviewed the process of reconsideration of a motion. She noted that during Commissioner Comments at the October 3, 2001 Planning and Zoning meeting, Commissioner Hohl had stated a request to reconsider Resolution 2001-15. Motion (Hohl/Keil) Reconsider Resolution 2001-15. Hohl stated she was uncomfortable with the tie vote that had failed Resolution 2001-15 at the October 3, 2001 meeting, noting she felt the Commission was not forwarding the true feelings of the Commission to Council. Motion Passed Motion (Hohl/Larson) Unanimous Approve Substitute Resolution 2001-15, recommending that the city request an access and utility easement along the existing ball -field access road from the Kenai Peninsula Borough. Hohl stated she supported the Substitute Resolution, noting that an access and utility easement met the needs of the City. City of Seward Planning Commission Minutes November 6 2001 Volume 5, Page 239 The Commission thanked the students and teachers for their comments. Griswold read the changes in the substitute resolution. Motion Passed Public Hearings Unanimous Review of a proposed ordinance to amend Seward City Code Title 15 Planning and Land Use Regulations relating to building height development requirements in the Harbor Commercial Zoning District. James reported that Tanya Sandefur had requested that the Commission initiate a zoning code amendment to extend the 26-foot building height limit in the Harbor Commercial zoning district. She explained that currently within the Harbor Commercial Zoning District on the east side of Fourth Avenue, from the boat launch ramp, north to J-Dock the maximum building height was 26 feet. She added that all other areas in the city had a 34-foot maximum building height. The proposed amendment would extend the current area north to include the Alaska Railroad (ARR) Right -of -Way south of Port Avenue, and the city -owned Lot I, Block 2, Marina Subdivision. James stated that approximately two years ago the Planning and Zoning Commission had supported extending the 26 foot building height limit north to Port Avenue and to the east side of the harbor area. She noted that the City Council had deleted the proposed amendment from the ordinance, which left the code unaltered. In response to Smith, James stated the request had been presented by Tayna Sandefur at the October Planning and Zoning Work Session. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Jim Pruitt, 2506 Maple Street, stated that he was the successful bidder on Alaska Railroad lease property that would be affected by the proposed code change. He noted that he had applied for and received a Conditional Use Permit (CUP) for a proposed three story (34 foot) building; also noting the CUP had expired. Pruitt explained there had been issues with development of the ARR Right -of -Way tidelands between the City and the ARR that had delayed development of the property. He stated he had just received the Army Corp of Engineers permit for the proposed project and was now ready to apply for a new CUP from the Planning and Zoning Commission for the hotel development. He noted that all the development plans had incorporated a three-story building. Pruitt stated he felt that the proposed code amendment singled out this property. In response to Hohl, James stated the property owner could apply for a variance noting however, the review criteria stipulates that a variance must be the minimum necessary to permit a reasonable use of the property. City of Seward Planning Commission Minutes November 6, 2001 Volume 5, Page 240 Griswold read the following statement from the City attorney letter included in the agenda packet, `Design, planning or other preparations for development regarding a piece of property are not materially or substantially sufficient alone to give rise to vested or "grandfathered" rights. Further noting that if the code was changed any development not on the property at that time, would have to meet the new code requirements. Keil stated that she was content leaving the existing building height requirements as stated. She noted the planned development of the property in the area had been the same for a number of years. She added that Council had previously voted down an amendment to expand the 26 foot building height area. Griswold expressed concern about losing the view of the bay and the mountains, noting the community had long supported keeping the view open. Hohl noted that, although the City attorney had clarified that design and planning did not give any vested rights, she voiced concern that the lease holder of the main affected property had based his development plans on the existing code. She also stated that protecting the view of the mountains and bay was very important. Smith concurred with Hohl, adding he would need more community support to recommend a code change at this time. Griswold stated that the community had long supported retaining the view of the mountains and the bay. Motion(Smith/Keil) Commission not support initiating an amendment to the building height development requirements in the Harbor Commercial District. Griswold stated she would not support the motion at this time noting she felt the need for Council and community input on the proposal. Hohl noted that a community member could request that the City Council initiate a building height change. Motion passed Yes - Smith, Hohl, Keil, Larson No — Griswold Unfinished Business Request by Dale Lindsey to purchase a f6,000 square foot portion of City - owned U.S.S. 703. [This item was postponed from the September 4, 2001 meeting]. City of Seward Planning Commission Minutes November 6 2001 Volume 5, Page 241 James reviewed the request by Dale Lindsey to purchase a portion of city -owned U. S. S. 703. She noted that public access to the Two Lakes Park would need to be acquired from the adjacent parcel, owned by the Callahan%. She further stated that Dale Lindsey had in a letter dated November 5, 2001, requested this item be removed from the agenda indefinitely. Motion (Smith/Larson) To postpone indefinitely the request by Dale Lindsey to purchase f6,000 square feet of U.S.S. 703 Larson expressed concern that the City continue to pursue securing access to the Two Lakes Park from First Avenue. Motion Passed Unanimous Informational Items and Reports Proposal by Blaine Bardarson to purchase City -owned Lot 1, U.S.S. 3294. This one -acre parcel is located on the east shore of Resurrection Bay below Nash Road. James reviewed the request by Blame Bardarson to purchase City -owned Lot 1, U.S.S. 3294. Stating the parcel was steep and the only access to the parcel was by boat or across other City land. She noted that Mr. Bardarson was in the process of acquiring a current appraisal. In response to Keil, Janke stated that once a parcel had been approved for disposal there were a number of ways the property could be sold, one was by direct negotiations. Commission Comments Larson thanked the many students that came before the Commission in support of the trails and natural area between the Seward High and Elementary Schools. Smith concurred with Larson stating it was a pleasure to see such community interest. Hohl stated she hoped if the public truly did want the 26-foot building height limit in the Harbor area extended, they would bring this issue forward to Council. She also requested the public works department look into the street sign for student Tommy Blair's street. Administration noted there would not be a street sign at Pine and Ash Street intersection because Pine was not a City approved street. Griswold echoed Commissioner Hohl, encouraging the public to come forward. She also thanked the students and teachers for showing their support of the trails between the two schools. City of Seward Planning Commission Minutes November 6 2001 volume 5, Page 242 Citizens' Comments Jim Pruitt, 2506 Maple, stated that some projects take a great deal of time and money to move along. He added that his particular project had taken several years to get through the government permitting process. He expressed concern that when a project was underway and then a proposal was made to change the rules the wrong message was being sent to future developers. He also stated he believed it was unfair that when a property was identified as available for disposal and someone came forward to enter into direct negotiations on that property it then be put out for bid. Commission and Administration Response to Citizens' Comments Janke concurred with Mr. Pruitt's comments on disposal of public property. He noted that an option to putting public property out for bid was to require fair market value plus an additional percentage. Adjournment The meeting was adjourned at 9:30 p.m. Donna Glenz Planning Clerk Carol Grisw4ld Chair City of Sewxd December 04, 2001 Call to Order ]-'1XvLng Convnission Minutes Volume 5. Paee 243 The December 4, 2001, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Carol Griswold, Chair. Opening Ceremony Rook led the pledge of allegiance to the flag. Roll Call There were present: Carol Griswold, presiding, and Lynn Hohl Marianna Keil Kirsti Larson Cindy Rook Tom Smith comprising a quorum of the Commission; and Absent were: Rachel James, Planner Donna Glenz, Planning Clerk Patrick Sterling - excused Special Reports City Administration Report James reported on the five year capital plan presentation given by Fred Esposito, director of Alaska Vocational Technical Center (AVTEC) to the Port and Commerce Advisory Board and Planning and Zoning Commission November 21, 2001. She noted the city manager was on vacation. KPB Planning Commission Report Lynn Hohl submitted a written report of the recent Borough Planning Commission meeting. Satellite Fire Station Dave Squires, Fire Chief presented the concept of the proposed satellite fire station on Lot 10A, Fort Raymond Subdivision. Squires stated the construction ready grant application for the project was due January 15, 2002. Squires explained the proposed three bay station was to be constructed of steel and built for current needs as well as needs of the future. City olNeward Planning Cormnission Minutes December 04, 2001 Volume 5, Page 244 In response to Keil, Squires stated the building would be set back from the Seward Highway about 150 feet. Squires reported that one engine truck, and a brush vehicle, as well as other emergency equipment for rescue was planned to be housed at the station. Squires responded to questions from the Commission. He discussed the pros and cons of a central station verses a satellite station. He stated that the fire engines had to be within 1.5 miles of every part of the City to keep the current ISO fire insurance rating. He also noted that with the potential of a major event isolating the north and south areas oftown, two stations would allow both portions of Seward to be covered for service. Keil spoke in support of the satellite fire station, noting the heightened benefits of increased fire protection for the community and having both portions of Seward covered in the event ofa major occurrence. Citizens' Comments on Agenda Items Not Scheduled forPublic Hearing and Items Other Than Those on the Agenda Blaine Bardarson, 1308 Chamberlain, spoke in support of the proposed fire station, noting that a flat roof design allowed for more efficient use of space. Approval of Agenda and Consent Agenda Motion (Larson/Hohl) Approve the Agenda and Consent Agenda Hohl requested the November 6, 2001 minutes be removed from the consent agenda. James requested the review of the proposal by Blaine Bardarson to purchase Lot 1, U.S.S. 3924 be moved forward on the Agenda, ofthe Preliminary Plat Review of Lot 00 in Forest Acres, to accommodate the public. She also requested the rescheduling of the January meeting and work session; as well as informational item l0A be add to the consent agenda. Motion Passed Unanimous Consent Vote on the Agenda & Consent Agenda, as Amended Motion Passed Public Hearing Unanimous Consent Review of a proposal by Blaine Bardarson to purchase Lot 1, U.S.S. 3924, a 1.33-acre, city -owned parcel located on the east shore of Resurrection Bay. James reviewed the proposal by Blaine Bardarson to purchases Lot 1, U.S.S. 3924. She detailed the site visit she had made, stating the majority of the lot was very steep terrain with a gully City of.Sewarrl Planning Commission Minutes December 04, 2001 Volume 5, Page 245 on the eastern portion of the lot and steep cliff on the west side, noting that there was no road access to the lot from Nash Road. James further stated the only usable area of this lot was located on the north side of the gully. She recommended against the disposal of the property, as it was currently platted. The Commissioners discussed the lot and the location of the gully in relationship to possible beach access from Tract H. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Blaine Bardarson, 1308 Chamberlain, reviewed the Lot 2 parcel he owns in relationship to Lot 1. He explained that he had requested to purchase the City's lot because the only way to access the beach from Lot 2 was to cross over Lot 1 in the gully area. Hohl stated that if Lot 1 were subdivided into two parcels the borough could ask for a dedicated right-of-way to access the beach. She suggested this proposal be reviewed at a work session. In response to Keil, James stated the cost of the subdivision replat would be very costly. Motion (Larson/Smith) Postpone Resolution 2001-18 until the January 8, 2002 meeting with direction for administration to place item on the Agenda for the December 18, 2001 work session. Larson stated she was not comfortable moving this item forward without further review. Motion Passed Unanimous Preliminary Plat Review of Forest Acres, 2001 Addition, a subdivision of Lot 00, Forest Acres Subdivision into five (5) lots. James reviewed the preliminary plat of Forest Acres, Lot 00. She noted she was concerned that the owner of Lot 00, James McCracken was not available for comment and questions. She stated that all ofthe proposed lots met the current zoning code requirements for minimum lot size and width. James stated that the administration supported the Commission recommending Kenai Peninsula Borough approval of the Forest Acres, 2001 Addition, Lot 00 preliminary plat subject to the following conditions: 1. Subdivider must enter into a subdivision installation agreement with the City of Seward prior to final approval of the plat; 2. Provide the utility easements requested by the City Engineering and Utilities Department; 3. Dedicate five (5) feet to the Spruce Street right-of-way; City of.Sewaid December 04, 2001 Plamung Comnussion Minutes Volume 5. Paee 246 4. Identify the floodplain limits on the plat, and include a note which states that portions of the subdivision are located within the mapped FEMA Flood Zone, and that development within a designated flood zone must comply with Seward City Code, Chapter 15.25 Floodplain Management; 5. Change the subdivision title to Forest Acres, Lot 00 Replat or McCracken Replat (or something similar). There have been other subdivisions in Forest Acres in 2001, and this subdivision will not be recorded prior to the end of the year; 6. Identify the proposed "Unsubdivided Remainder of Tract 00" as a lot within the subdivision. James reviewed the requirements of the City Engineering Department, stating that the fire hydrant on Spruce Street was located in front of Lot 1, and that was currently the end of the city water line. Further stating that City code required that the subdivider extend the water line to the end of the subdivision. Noting also that the installation of one streetlight was required. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (Hohl/Larson) Recommend Kenai Peninsula Borough Planning Commission approval of the preliminary plat of Forest Acres, 2001 Addition, subject to the administrations recommendations. Motion (Hohl/Smith) Amend the motion to include the following condition: "Owner comply with land use codes and/or provide evidence that the uses and structures have grand fathered rights." James stated that the shop located on the unsubdivided remainder was an accessory building and did not comply with current zoning requirements for the Single Family Residential Zoning District. However, it had been permitted by the City when it was constructed. In response to a question from Griswold, James stated that when Forest Acres was zoned Rural Residential, one ofthe dividing lines had been Spruce Street, noting the larger lot requirements of Rural Residential zoning. Further stating that the area east of Spruce Street was one of the areas needing to be reviewed on the land use plan in response to the planned Japanese Creek Levee project. Vote on the Hohl Amendment Motion Passed Unanimous Griswold stated concern for public safety without a turn around for public equipment. City of Seward Mulning Conunission Minutes December 04, 2001 Volume 5, Pape 247 James stated that the need for completion of Spruce Street or a turn around for public safety equipment was beyond the boundary of the proposed subdivision. Vote on the Main Motion Motion Passed Unanimous Unfinished Business - None Recess from 9:30 to 9:35 New Business November 6, 2001 Regular Meeting Minutes Hohl requested that the November 6, 2001 minutes reflect the comment made by Seward school student, Tommy Blair, that he did not know what street he lived on because he did not have a street sign on his street. She also requested it be noted that she had voiced concern during Commission Comments that Blair did not have a street sign. Administration agreed to make the changes. Motion (Hohl/Smith) Approve November 6, 2001 Regular Meeting Minutes as amended Motion Passed Commission Comments Unanimous Consent Hohl explained she had viewed the intersection of Oak and Ash Streets and there was not a street sign in place, requesting administration look into the street sign. Larson thanked Dave Squires, Fire Chief for the presentation on the proposed satellite fire station, stating she appreciated the project and the work Chief Squires and his department had done. Griswold communicated she had observed several streetlights blinking on and off. She voiced concern of public safety when the streetlights were not working correctly. Citizens' Comments Chad Adams, Questa Woods Subdivision, stated he had been in the audience to observe the Commission=s work. He revealed he was a Boy Scout working on his Eagle Scout award and that attending a public meeting was a requirement of the award. He stated he had found the meeting interesting and was glad he had attended. Commission and Administration Response to Citizens' Comments City of&waHl December 04, 2001 Planning Commission Minutes Volume .5, Pale 248 Smith thanked Mr. Adams for selecting the Planning and Zoning meeting to fulfill his requirement and commended him on his accomplishments. James summarized the agenda for the work session planned for December 18, 2001, noting that an overview of the proposed changes to the Land Use Plan had been the intended topic, however the review of City owned Tract H, Fourth of July Creek Subdivision No. 2 and Lot 1, U.S.S. 3294 would be the primary discussion topic. Adjournment The meeting was adjourned at 10:20 p.m. Donna Glenz Planning Clerk SFGjr ��i, Oar'•. O SEAL :. )`' .,,E 1 t,.•• ��. r"'�9' OF P�-p:��'' Carol Griswod Chair