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HomeMy WebLinkAbout2007 Planning & Zoning Minutes City of Seward. Alaska January 4, 2007 Planning Commission Minutes Volume 6, Page 140 Call to order The January 4, 2007 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. ~ Opening Ceremony Commissioner Smith led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Kevin Clark Bob Hicks Lynn HoW Sandie Roach' Tom Smith comprising a quorum of the Commission; and Scott Williams, Planner Christy Terry, Executive Liaison I f ..... Ablll'nt: Margaret Anderson City Administration Report Planner Scott Williams reported on the following item: · A response to Christy Miller's letter dated December 8, 2006 was provided as a lay down at the dais. He noted Christy Miller had retired and Taunnie Boothby was acting as Interim Floodplain Management Program Coordinator. Other Reports, Announcements and Presentations- None Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None. Approval of Agenda and Consent Agenda - Motion (SmithlRoach') Approve the Agenda and Consent Agenda Keil added under New Business, "Change to Rule 26 Council Rules of Procedure: Order of Business." ,..j City of Seward, Alaska January 4, 2007 Planning Commission Minutes Volume 6, Page 141 .... Hohl added under New Business, "Discussion regarding the Middle School Conditional Use Permit. " Motion Passed Unanimous The following items were approved under the Consent Agenda: November 16, 2006 and December 5,2006 Regular Meeting Minutes Public Hearings Resolution 2006-25 recommending City Council and the Kenai Peninsula Borough Approval of the Subdivision of A TS No. 174, Within The NW ~ of Section 3, Township 1 South, Range 1 West, Seward Meridian, Marina Subdivision, Seward Resort Addition, To Create A "Tract A." (postponed from the December 5,2006 Regular Meeting and on the Door for action.) Williams directed the Commission's attention to the clarifying information in the new agenda statement and letter from surveyor Nick Cline. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. - In response to Keil's request, Terry read the current amendment on the floor that was postponed from the December 5, 2006 Regular Meeting, "Add Section 1.b, The existing building will be removed or modified in compliance with setback requirements prior to the finalization of the plat." In response to Hicks, Williams noted the easement would be negotiated with the City and would become part of the recorded plat. HoW thanked the staff for their response to Commission questions from the last meeting. She asked if there was a current Floodplain Permit for the existing structure. Williams stated he was not aware of a Floodplain Permit for this structure. He stated either a variance or an elevation certificate would be needed for any new structures. Williams stated the current building should be removed prior to the recording of the plat. He stated it was possible the current building did require a variance, but he had not been able to find accurate information on when the fill was placed. - Hohl stated her concern was not with the fill, but the existing structure. City of Seward, Alaska January 4, 2007 Planning Commission Minutes Volume 6, Page 142 Williams stated he did not know ifthe building was constructed at this location or if it was moved there. He clarified the building was not on a permanent foundation. .....l Hohl stated she was unsure if temporary structures required a Floodplain permit. Williams reiterated Surveyor Nick Cline had confirmed the building would be removed prior to the plat being finalized. Motion Passed Unanimous Main Motion Passed Unanimous Set January 16,2007 Work Session Topic as details for "Community Values Meetings." Williams noted staff had moved forward on preparations and asked the Commission to discuss details during this meeting. Commission discussed possible topics for the January 16, 2007 Work Session, such as defmitions. Clark stated he would not be at the Work Session and Hicks stated he was unsure ifhe would be able to attend. Roach' preferred to set the Work Session Topic as 'Details for the Community Values Meetings.' She supported discussion of the topic tonight, but felt the Commission might have further ideas that needed to be discussed at the Work Session. , IiIIIIIIi Williams agreed with Roach', and noted it would be helpful to discuss how to infuse the SMlC Development Plan and the Parks and Recreation Master Plan updates into the meetings. Keil noted the Flood Board mentioned their Flood Mitigation Plan might be available and asked that this be incorporated into the discussion and available for distribution to the public. Williams listed the details for the Community Values meetings thus far: . February ih and 8th . 7:00 pm start time . Middle School Main Lobby . Refreshments . Section 2 of the Comprehensive Plan Volume 1 posted around room (including photos) . Large format demographics for the Seward Area posted around room . Land Use Map and Zoning Map with Zoning Area Key posted around room Williams stated the basic set up of the room would include chairs in a circular pattern with a table for public testimony facing flip charts for notes. He stated that outside of the chairs would be an open area with room for individuals to walk around and view displays. ... City of Seward, Alaska January 4, 2007 Planning Commission Minutes Volume 6, Page 143 .... In response to Hohl, Williams stated actual testimony could be recorded and the meetings would be advertised. He understood the testimony would be digested by staff and formatted in a resolution recommending changes to Council and that a public hearing would be also held at that time. Keil supported as much citizen input as possible and gave the example that citizens might have stronger comments to add regarding flood mitigation. Hohl agreed, but wasn't sure how a formal Public Hearing could be incorporated into the meetings with everything else they were trying to accomplish. Williams questioned the amount of community involvement, since the community had recently been canvassed by a survey. In response to Keil, Williams stated that he now had a copy of the VISTA Survey and planned to infuse the document with graphics and comments to use as part of the meetings in February. In response to Hicks, Williams confIrmed that the Commission's role was to listen and learn from the citizens attending, but added they would also need to ask questions to clarifY responses. .... By general consensus, the Planning and Zoning Commission set their January 16,2007 Work Session Topic as details for "Community Values Meetings." Discuss Quarterly Joint Work Sessions with Seward Bear Creek Flood Service Area Board Williams suggested the Commission ask the Board to meet at City Hall to allow for space needs for both the Bodies. Hohl suggested the meetings be held an hour before their Regular Meetings. Keil and Smith concurred. By general consensus, the Commission set Quarterly Flood Board Meetings for March 6, June 5, September 4, and December 4, 2007 at 6:30 pm. Keil asked Smith to provide some thoughts on the Joint Work Session held with the Flood Board in December. .... Smith noted the Flood Board had done a lot of work for the community and suggested holding quarterly meetings with the Planning and Zoning Commission could help the community understand the Flood Board's importance. He noted interest in flood issues varied based on the flood needs at the time. Smith stressed that the Flood Board had a great wealth of knowledge and it was City of Seward. Alaska January 4. 2007 Planning Commission Minutes Volume 6. Page 144 time for the community to solve the Seward Area's mitigation problem. He noted the community could control flooding if they could control the gravel. ..... Hohl noted the Commission had just recommended approval of a plat in a Flood Zone without the Flood Board's comments. Keil stated the discussion with the Flood Board included a streamlined process where all of Seward's Flood Plain Permits were approved by the Kenai Peninsula Borough instead of the City of Seward. Keil stated another item under discussion were legislative changes to allow blanket permits for multiple land owners to extract gravel. She advocated working with Council to provide additional support to enact these changes. Williams stated it was important that a dialogue between the two bodies had begun. He stated at the last Flood Board meeting the Board had agreed to contribute seed money to help with the investigation of the Japp Creek issue. Williams stated this was an important step in moving forward with enforcement issues, project scoping and moving gravel. Keil stated the key issue was gravel extraction. She noted something needed to happen or the cycle would continue. She asked the Commissioners to talk to Council and encourage Council Members to use their power with the Legislature to continue progress on this issue. Hohl stated it should be relatively easy to transfer Flood Plain Powers back to the Borough. Keil stated the Planning and Zoning Commission could work cooperatively with the Flood Board. ..... In response to Clark, Williams noted the Flood Board had worked with the Borough Attorney to ascertain what their authority was within Seward's City Limits. He stated the Flood Board had also queried the State Attorney General's Office and was directed back to the Borough Attorney. In further response to Clark's inquiries, Williams stated he was not privileged to the Borough's decision on this issue. Clark stated, in order to solve this issue, Council could revert authority back to the Borough. Williams stated it was important to proceed with due caution to make sure the City continued to have regulatory authority for building permits. He clarified the Flood Board and the City needed to work together to insure there were no gaps in the process. Williams stressed it was ultimately important to work towards this goal cautiously. Change to Rule 26 Council Rules of Procedure: Order of Business In response to Hohl and Keil, Terry stated she discussed this item with the Clerk's Office and this change in Council's Agenda did not automatically change the agenda order for the Planning and Zoning Commission. She stated Planner Williams was currently working on Planning and Zoning .... City afSeward, Alaska January 4, 2007 Planning Commission Minutes Valume6, Page 145 - Commission Rules of Procedures and could examine the order of the Commission's agenda, Terry suggested waiting to implement any change until the Council had an opportunity to see if they were happy with their new agenda order. Hohl spoke in opposition to the change and felt it was important for citizens to hear presentations prior to making comments to Council. Keil understood the change was made because citizens had to wait an extraordinary amount of time through all the presentations when they were there to make comment on a specific item. Hohl suggested an additional public comment section could have been added. Clark clarified his understanding that Hohl and Keil stated citizens didn't want to wait through the presentations to provide comment. Hohlliked the historical placement of public comments with each agenda item. She stated the current system lacked the ability to have an impact on the agenda item. Keil stated that change was implemented because the public comments began to be abusive. Smith stated he had been in a situation where a Council Member was making misstatements and he was unable to provide them with the correct facts because of the public comment timing. ... Hohl stated in the past she had made comments in regards to what she thought was Administration's position, and then when the City Manager spoke, he had changed his position. Discussion regarding the Middle School Conditional Use Permit Hohl stated she was concerned with the safety of the children walking from the Elementary School to the High School with the pedestrian pathway that was in place. She also stated the Commission had not addressed the new design for the High School Driveway, but she didn't see pedestrian safety being addressed in that design. Hohl reiterated that the pedestrian pathway from the Elementary School to the Middle School was just a widened gravel shoulder that was not being used by pedestrians. She noted this was a conduit between the neighborhoods. Hohl stated the new portion did not have safe lighting. In response to Keil, Hohl stated the Planning and Zoning Commission had issued the Middle School Conditional Use Permit, and it was the Commission's job to address safety concerns. She did mention this issue to the School Board and was told it was not under their authority. Clark asked Hohl if this was a condition that was not being met, or if she was asking the Commission to add a new condition. ... Hohl felt the condition of the pedestrian pathway was met to the 'letter of the law,' but argued that the intent was not. She explained that the new drive area at the High School had not City o/Seward, Ala~ka January 4, 2007 Planning Commission Minutes Volume 6, Page 146 been addressed by the Commission, but that it should be required to come before them. HoW described the new traffic loop off of Swetmann A venue where kids could be dropped off at the .... cafeteria. She noted the bike path ended at the back driveway and there was no lighting or pathway for the children to follow. In response to Hicks, Hohl stated the contractor had not finished the job. Roach' concurred with HoW and asked to review the Middle School's Conditional Use Permit. She stated in her discussions with the contractor, the contractor's interpretation varied from what she understood the Commission had set as a condition. She shared her safety concerns as she walked and drove large vehicles in the area. Smith reminded the Commission that this was a passionate issue with a great amount of public input. He stated the designers did not want to modifY their design in anyway. Smith concurred with the Commission reviewing the Conditional Use Permit. Keil suggested this could be brought back to the Commission. Hohl and Roach' advocated for pedestrian safety in this area. Keil asked Roach' to take some pictures. Hohl thought the City was using this street as access to the substation. She noted this was a .... private driveway and the City needed to have a cooperative agreement with the Borough. Roach' discussed this with the contractor and was told that the City should not be using the drive as access. Informational Items and Reports (No action required) Seward Bear Creek Flood Service Area Board Agenda for January 8, 2006 Seward Bear Creek Flood Service Area Board Approved Minutes for November 2006 ARRC - Army Corps of Engineers Application of Permit (dock extension) In response to Hohl, Williams stated he thought ARRC would need a variance and a permit. He noted at this point ARRC advertised for public input on their Corps Permit. He stated Carol Griswold had made appropriate and good comments on the environmental issues that surrounded the project. Williams stated any comments could be emailed to him and he would forward to Gary Williams at the Kenai Peninsula Borough. In response to Smith, Terry shared that ARRC had been providing monthly updates to the Port and Commerce Advisory Board and stated she would ask ARRC Representative Louie ..... Bencardino to come and speak to the Commission. City a/Seward, Alaska January 4, 2007 Planning Commission Minutes Volume 6, Page 147 .... Hohl asked Williams to remind ARRC that they needed to apply for a Floodplain Permit. Williams noted ARRC had obtained these forms and had discussed this issue with the Community Development Department. He noted they had obtained a Flood Plain Permit for their fill in the Log Pond. Japanese Creek Floodplain Letter from Floodplain Management Program Coordinator Christy Miller Yoder stated the response to the letter was provided at each Commissioner's seat at the dais. Commission Comments - Roach' was impressed with the Planner's preparation for the Community Values Meetings. Smith wished the Commissioners a good 2007. Hohl noted Smith was on Monday's Borough Agenda for appointment to the Planning Commission. She stated she would be at the Borough Planning Commission meeting to provide comments on the Reconsideration for the Long Term Care Facility Plat. Hohl stated the plat submitted did not meet one of the Seward Planning and Zoning Commission conditions. .... Keil disagreed with Hohl's last statement. Hohl stated Keil spoke as a Planning and Zoning Commissioner in favor of the plat the last time it was before the Borough Planning Commission. She stated the Commission had unanimously voted to include dedicated north-south access and suggested the minutes be reviewed to verifY her statements. Clark disagreed with Hohl and stated the tapes should be reviewed to verifY the entire discussion. Hohl stated the intent of her motion was for the provision of additional north-south access in addition to the existing streets being widened. Hohl noted the issue become confused because during the Conditional Use Permit for the Long Term Care Facility, the Commission voted against the dedication. Roach' and Clark stated they did not recall that requirement. Hohl noted there was a full page discussion in the minutes on alternative north-south access. Keil argued the Commission did not ask staff for a specific dedication. .... Hohl asked for a recess so that the minutes regarding this issue could be reviewed. City of Seward, Alaska January 4, 2007 Planning Commission Minutes Volume 6, Page 14 8 The Commission recessed from 8:40 to 8:55 and were provided with copies ofthe September 5 .... and September 12, 2006 Regular and Special Meeting Minutes. Hohl stated as the maker of the motion that dedicated the additional right-of-way she knew the intent of her motion and tried to make that clear to the Commission. Keil stated she struggled with Hohl's interpretation of the discussion because Maple Street and Cottonwood Street were included. She further noted Clark's statement for suggestions by the City Staff to be included. Hohl argued widening of an existing access was not creating equal or superior access. Smith noted the streets were only 40 feet wide in that area and the Commission voted to increase the dedication to 60 feet. Hohl agreed, but stated that was done in a previous motion. She stated the minutes clearly demonstrated her clarification of the motion to provide additional access. Keil stated the discussion centered on the interpretation of equal-to or superior access. Hohl and Keil debated the clarity of the motion. ...... Roach' stated the motion was clear. Keil, Clark, and Smith stated the motion was unclear. Clark noted the minutes did not reflect every conversation. He recalled a discussion about Afognak Avenue, the West side of the property, and the City's position that a 's' sweep of Afognak Avenue wouldn't work because there wasn't enough room to place on road on the levee side of the parcel. Hohl stated Clark voted to approve the motion. Clark stated he didn't remember agreeing to plat a north-south road on the west side of the property. He felt the tapes might have further explanation on other Commissioners' intentions. Hohl argued that staff had discussed additional access other then the widening of Maple Street and Cottonwood Street. She felt the Commission was addressing additional access on the west side of the property. Clark stated, based on the motion, he agreed the Commission needed to dedicate a north- south access because of Borough requirements, but Clark stated he did not agree that the access needed to be platted on the west side of the property. He advocated listening to the tapes to verity .... the intent of the Commission. City of Seward, Alaska January 4,2007 Planning Commission Minutes Volume 6, Page 149 ..... Hohl stated she knew the intent of the Borough Code was that alternate access was a new access. Clark argued the motion did not state an alternate access needed to be provided. He noted the motion stated 'equal or superior.' Clark stated Administration obviously left the meeting with a different interpretation from Hoh!. HoW stated she couldn't verifY Clark's last statement. Clark stated he could not continue the discussion without listening to the tapes. Keil and Hohl debated the intent of the Commissioner's votes and the clarity of the motion. Clark reiterated the need to listen to the tapes because the minutes were not verbatim. Hohl stated the minutes were the legal recording of the Commission's action. Smith noted the motion stated the vacation was subject to 'dedication of equal or superior north-south access' but did not specifY where or how. .... Keil and Clark noted Administration understood this to mean the widening of Maple Street and Cottonwood Street. Hohl felt this was already addressed in a previous motion. Smith verified this was previously addressed and additional rights-of-way were then discussed. Keil clarified for Planner Scott Williams the process thus far and HoW's objection to Keil speaking on behalf of the Commission at the Borough Meeting, since HoW and Keil differed on their interpretations of the plat. Hohl stated the confusion was in part due to the Commission failing a motion to amend the Conditional Use Permit to replace the vacation of the Section Line Easement with a dedication to allow future connectivity from Dora Way to Dimond Boulevard. She clarified that during the platting action the Commission voted unanimously to provide additional north-south access. Hohl stated the Commission did not want to specifically tell City Staffhow to provide this access because the Commission wanted City Staff to choose the best location for the north-south access. She stated the staff did not do what the Commission required. HoW stated on Monday at the Borough meeting she would be speaking to this section of the minutes. .... Hicks stated a court oflaw would review the approved minutes. He noted if the court found the motion ambiguous they would look to the minutes. Hicks noted after Glenz's explanation of the expansion of Maple Street and Cottonwood Street, HoW stressed the dedicating additional access. City of Seward, Alaska January 4. 2007 Planning Commission Minutes Volume 6, Page 150 Hohl and Keil debated Borough Staff's interpretation of the amendment. j '1 ..,.j Roach' asked why the Borough went against the Commission's recommendation, Hohl stated they did not explain, and she noted City Staff did not stress the fissures on the parcel. In response to Interim City Manager Marvin Yoder, Hohl noted the Borough did not follow their own Code in providing equal to or superior access. Citizens' Comments - Commissions and Administration Response to Citizens' Comments - None. Adjournment Meeting ad' ourned at 9: 1 0 pm. /\ f i I I ,-p .i:tjJ'- n . ~ ' i/iV-W~ . ~~anna Keil , Chair ...... Chnsty Terry Executive Liaison (City Seal) ",111111", " .-.: ~... "8 ,''Ii -{ Or iJi:;;~1' ',- .....' ~ ,..........D..~A.\") ##, .: (j ";.O?>?OIUjJ..';'a ":. : ...~u ~...-:.. ~ : ,'" ---- () " ': .. : S ~ u :e: EAL :0= : ~ : : ... . ---- .... ~ \~ I ~ -:. I.S\.. ...~J\t ~...~., '(' .: ;~ ~ . ~ 1 '\., .1_ L~ r,.. '}-Do......1... c"..... ~~~ "'1,<;: OF p..\J\~~'li "'"111''''' J ..,.j City of Seward, Alaska February 6, 2007 Planning Commission Minutes Volume 6, Page 151 Call to order .... The February 6, 2007 regular meeting ofthe Seward Planning & Zoning Commission was called to order at 7:30 p,m. by Chair Marianna Keil. Opening Ceremony Commissioner Hicks led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Bob Hicks Lynn Hohl (7:36) Sandie Roach' Tom Smith comprising a quorum of the Commission; and Scott Williams, Planner Christy Terry, Executive Liaison .... Absent: None. City Administration Report Planner Scott Williams reported on the following items: · There were no reported violations, interpretations or abatement issues. · The Community Development Department was actively working on a Flood Development Fill Permit for the ARRC Dock, a Conditional Use Permit Amendment for the Providence Hospital Heliport, an additional Conditional Use Permit for a local business, and a Variance request to the Floodplain Ordinance for a City Project. Other Reports, Announcements and Presentations- Liaison from Seward Bear Creek Flood Service Area Board Volunteer Liaison Randy Stauffer from the Seward Bear Creek Flood Service Area Board (SBCFSAB) reported on the following items: - · Stauffer noted he was not a member ofthe Flood Board and could not speak for them, but he was willing to convey information. City of Seward, Alaska February 6, 2007 Planning Commission Minutes Volume 6, Page 152 . SBCFSAB appointed Randy Stauffer as the Board's Volunteer Liaison to the Planning and Zoning Commission. .... . Flood Service Area Office hours were now Monday through Thursday 9 am to 3pm. . The Flood Board added an additional monthly meeting and would now meet the first and third Mondays of each month. . Stauffer stated the town meeting regarding an update on October 2006 flood information was cancelled. Stauffer shared that FEMA, the lead participant in this meeting, postponed the meeting due to funding problems before arrangements were completed. In response to Hicks, Stauffer stated there was some internal confusion with Board jurisdiction and the Board had asked for clarification from the State of Alaska Attorney General's Office and the Kenai Peninsula Borough Attorneys. The Board was currently working with the Kenai Peninsula Borough to resolve the issue of advisory authority. In response to Hohl, Stauffer stated there was a lot of frustration with FEMA and noted the Board was unsure of how to proceed at this time. ARRC Representative Louie Bencardino and ARRC Engineer Dan Ottenbreit presentation on Railroad Dock Development ARRC Representative Louie Bencardino and ARRC Engineer Dan Ottenbreit provided an update to the Commission on the Railroad Dock Development. .... In response to Keil, Bencardino stated the freight would be transported out of the community by rail, barge and truck. In response to Smith, Ottenbreit stated the current plan was to service 700-800 foot ships with no plans to extend the dock. In response to Smith, Bencardino stated the Railroad would be adding an additional set of tracks. In further response to Smith, Bencardino stated the reclaimed acres would be used as a staging area for the Northern Edge exercise and the Railroad would be marketing the area at a future date. Hohl stated she had the headlines from the day before the earthquake and the Alaska Railroad hadjust built the dock in Seward at that time. She asked if they believed pipeline goods would come through Seward. Ottenbreit stated he had no doubt that every dock in Alaska would be flooded with equipment because of the pipeline. In response to Hohl, Ottenbreit stated local gravel would be used for the dock project. .... City of Seward, Alaska February 6,2007 Planning Commission Minutes Volume 6, Page 153 In response to Hohl, Williams stated the Community Development Department had received _ the Alaska Railroad's permit application. In further response to Hohl, Williams stated the Railroad needed a development permit, but did not need a Floodplain variance. Hicks pointed out the Railroad also had concrete slabs in the plans and surmised the Railroad had additional improvements planned in addition to fill. Ottenbreit noted the ramp was on wheels and was not a fixed structure. In response to Hicks, Ottenbreit stated the United States Army Corps of Engineers permit was still in progress, the Alaska Department of Environmental Conservation had given the Railroad information, and the Alaska Department of Natural Resources had given a Final Consistency Response. In further response to Hicks, Ottenbreit concurred the process was going smoothly. Ottenbreit clarified container ships docked during the winter in Anchorage to rail goods to Seward to load onto barges. During the summer, the container ship would dock in Seward. Ottenbreit stated TOTE planned to begin Seward dockings in April or May of 2008. In response to Roach', Ottenbreit stated the increase of rail traffic would be about 33%. Roach' discussed safety concerns with Stoney Creek, Nash Road and Bear Lake, including safety at the Stoney Creek Crossing where there was a school bus stop and no gate. - Ottenbreit stated he would convey the concerns to the appropriate parties at the Alaska Railroad. Hohl asked the railroad to consider the school bus schedule. Clark stated that the Bear Creek Fire Service Board's top priority was to have a second access into Questa Woods developed. In response to Williams, Bencardino stated TOTE would not cease operations in Anchorage. In response to Williams, Ottenbreit stated Seward could be a backup facility for Whittier's interline rail service. In response to Williams, Bencardino stated it was up to the captains of the TOTE ships to decide if a tug was required to assist with the docking. In further response to Williams, Bencardino stated Sampson would now be refueling in Seward. Bencardino stated cruise ships did not like to refuel in Alaska because of the fuel tax. Smith observed it was slow and spill prone to refuel from a tanker and the Railroad dock did not have a refueling pipe. - City of Seward, Alaska February 6, 2007 Planning Commission Minutes Volume 6, Page 154 In response to Williams, Ottenbreit confirmed the dock would allow operations at all tide levels, ..... Hohl stated she was relatively sure the alternate access into Questa Woods was in Kenai Peninsula Borough Comprehensive Plan. She asked if there would be additional mitigation money for the Seward Area in conjunction with the Corps process. Ottenbreit stated the Railroad had indicated they wanted to provide mitigation funds. Hohl and Keil discussed the status of the last money received from ARRC to the Ketchemak Bay Heritage Land Trust. Commission discussed the possibility of the City of Seward holding the mitigation land in trust. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None. Approval of Agenda and Consent Agenda - Motion (AndersonlHohl) Approve the Agenda and Consent Agenda Hicks added the Middle School Pedestrian Pathway under Unfinished Business. ..... Hohl removed the January 4, 2007 Regular Meeting Minutes from the consent agenda. Motion Passed as Amended Unanimous The following items were approved under the Consent Agenda: January 4,2007 Regular Meeting Minutes Public Hearings - None. Unfinished business Middle School Pedestrian Pathway Hohl stated the Americans with Disability Act Specialist from Homer examined the pedestrian pathway but had not completed written conclusions. She stated the Independent Living Center was going to work with the City in developing a transition plan and she tried to obtain the Borough's plan which was missing. Hohl requested a copy of the Borough's and Soldotna's transition plan. In response to Keil, Hohl stated new construction should have met ADA requirements. Hohl also spoke to Kenai Peninsula Borough Superintendent of Schools Donna Peterson about the need for pedestrian infrastructure at the other end of the building. Hohl thought this would be coming to the Commission as a Conditional Use Permit. ):1 .~ .... City of Seward, Ala~ka February 6,2007 Planning Commission Minutes Volume 6, Page 155 _ Roach' spoke with the maintenance staff in charge of relocating the pods and they knew nothing about applying for a Conditional Use Permit. Roach requested this item be under unfinished business for the next meeting and stated she would be providing photos. Select Topic for February 20, 2007 Work Session Williams asked the Commission to review filing fees for Land Use Actions at their upcoming work session. Hohl requested comparisons from other local governments within the Kenai Peninsula Borough. Keil suggested a reassessment of last year's Planning and Zoning Commission priorities in preparation of their Joint Work Session with Council setting next year's priorities. Anderson stated the political sign ordinance should not be forgotten. By general consensus, the Commission set 'Review the filing fees for Land Use Actions and Discussion on Planning Commission Priorities for 2007 (to include a review of Seward City Code pertaining to Political Signs)' as their Work Session Topic for February 20, 2007. .... Suggest dates for Annual Joint Council/ Planning and Zoning Commission March Work Session. Keil stated she would be amenable to meet with it was convenient for the Council. Hicks and Clark concurred. Hohl suggested asking the Council for multiple dates for the Commission to review, January 4, 2007 Regular Meeting Minutes Motion (Hohl/Anderson) Postpone approval of the minutes until our next meeting. - HoW noted the minutes of January 4, 2007 were closer to a verbatim transcript then the summary of discussion required by Seward City Code 2.10.060. She asked the Commission to listen to the tapes prior to approval if they wished the minutes to remain in their current form. Hohl then asked if the Commission would like the minutes to be more of a summary, the Commission direct staff to produce different minutes, or Commissioners could develop their own summaries. HoW stated Commissioners should also review the tapes prior to approval. She stated staff notes were provided to the Borough Planning Commission outlining the Planning Commission's discussion from the January 4, 2007 Regular Meeting. HoW noted no action was taken from this discussion. City of Seward, Alaska February 6, 2007 Planning Commission Minutes Volume 6, Page 156 In response to Commissioner's requests for clarification, HoW stated she was not ready to agree or disagree with the current minutes, but wanted to review the tapes if the minutes were to remain in the current format. , , .... In response to Anderson, Hohl stated she wanted the minutes to be more of a summary. In response to Keil, Hohl stated it was the purview of each Commissioner if they wanted additional details added to the minutes. Smith stated the issue discussed was completed. Hicks stated in his review ofthe minutes one of his comments was not what he intended. He stated there was clearly a debate during the meeting and there was no reason to not postpone the minutes for a month, Roach' concurred. Hicks suggested allowing Commissioners who wished to listen to the tape could do so prior to the next meeting. Anderson concurred with Hicks. In response to Keil, Clark stated he did not need to review the tapes from these minutes. ...... Motion Passed Yes: Hohl, Anderson, Hicks, Roach' No: Clark, Smith, Keil Informational Items and Reports (No action required) February 7 and February 8 Community Values Meetings Keil stated she would be late to the Meeting on February 8. In response to Commission questions, Williams stated he would be reviewing Section 2 of the Comprehensive Plan with a power point beginning at 7 :00 pm, but asked the Commissioners to be available during the open house beginning at 6:00 pm. Commissioners noted there were multiple public meetings on the Thursday night of the Values Meetings. Seward Bear Creek Flood Service Area Board Agenda for February 5, 2007 Seward Bear Creek Flood Service Area Board Approved Minutes for December 2006 ... Commission Comments - City of Seward, Alaska February 6.2007 Planning Commission Minutes Volume 6, Page 157 _ Hohl stated she had sent a letter to Planning Director Max Best and the Borough Planning Commission on a section of the Borough Code she discovered that required a subdivision or replat that deviated from the preliminary plat to be submitted back to the City for review. In response to Williams, Hohl read examples from her letter. Clark thanked Volunteer Liaison from the Seward Bear Creek Flood Service Area Board Randy Stauffer for his time. He commended Stauffer for his willingness to fill the role. Roach' thanked Randy Stauffer for volunteering his time for this important role. She then thanked ARRC Representative Louie Bencardino and ARRC Engineer Dan Ottenbreit for their openness in discussing the dock project. Keil thanked the Alaska Railroad for their presentation. Citizens' Comments - None. Commissions and Administration Response to Citizens' Comments - Hohl apologized for her tardiness and stated she had a Tuesday meeting in Soldotna. _ Adjournment Christy Terry Executive Liais (City Seal) f \\\,-'11111'""" ",-..." oy SE:I1"A ,"'." ~.. ~4.. ...,.n...... ""'1..,,;-, '.,.,. $ C) ...o",t'OR.4;;,,:O ~ ~ ..~Ci ~o" ~ ... :~-......... 'I. ':. = : ~ . .. . SEAL . $ - .e: '1,.;, : :: .. \ . .. :.. ..-eo- .. .. .",. _. 'Ie ~ ~ . v.: ~t'tl',. ~.... ~ '-~".~NI:' 1 '1~.>~..\-.~ ,~ '"1)': ".":'...1-'. ~.:; '.....,. ',.." S OF p..V~\...", 4"""'11"'\\ ~ .' . ~d 11lfLGUl,./ ' / ~ Marianna Keil . Chair - City of Seward. Alaska March 6. 2007 Planning Commission Minutes Volume 6, Page 158 Call to order .... The March 6, 2007 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Smith led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Kevin Clark Lynn Hohl Sandie Roach' Tom Smith comprising a quorum of the Commission; and Scott Williams, Planner Christy Terry, Executive Liaison Absent: Margaret Anderson Bob Hicks ..... City Administration Report Planner Scott Williams reported on the following items: . Two Conditional Use Permits scheduled for the Planning Commission Special Meeting on March 20, 2007. . Additional Conditional Use Permits scheduled for the Planning Commission Regular Meeting in April. Other Reports, Announcements and Presentations- Liaison from Seward Bear Creek Flood Service Area Board - Keil noted the Commission had just met with the Flood Board. KPB Planning Commission Report - Tom Smith Smith stated the actions taken by the KPB Planning Commission were not in the Seward Area. .... City of Seward, Alaska March 6, 2007 Planning Commission Minutes Volume 6, Page 159 Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None. .... Approval of Agenda and Consent Agenda - Motion (SmithIRoach) Approve the Agenda and Consent Agenda Roach' removed February 6, 2007 Regular Meeting Minutes from the Consent Agenda. Motion Passed as Amended Unanimous The following items were approved under the Consent Agenda: Reschedule Planning and Zoning April 3, 2007 Regular Meeting to April 5, 2007 Special Items Election of Chair and Vice-Chair Election of Chair and Vice-Chair Keil opened the floor for Chair nominations. ... Motion (SmithJHohl) Elect Marianna Keil Chair Seeing no further nominations, nominations were closed. Request for Unanimous Consent Motion Passed Unanimous Consent Keil opened the floor for Vice-Chair nominations. Motion (HohllRoach') Elect Tom Smith Vice-Chair Seeing no further nominations, nominations were closed. Request for Unanimous Consent Motion Passed Unanimous Consent Public Hearings - .... Resolution 2007-01, ofthe Seward Planning and Zoning Commission of the City of Seward, Alaska, granting an amendment to a Conditional Use Permit issued to Providence Alaska (10/1996) as amended by the Seward Board of Adjustment: elimination of condition lOb City of Seward, Alaska March 6. 2007 Planning Commission Minutes Volume 6. Page 160 related to the requirement for perimeter fencing for the Helistop located on Lot la, Original Townsite of Seward, Marathon Addition, within the Institutional Zoning District. ...j Williams reviewed the information provided in the Planning Commission Packet, including the letter submitted by Providence Seward. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside City Limits, spoke in support of the removal of the perimeter fencing. She requested the Commission enforce the conditions that required the dumpster be fenced, warning lights remain in working order and the area kept free of debris. Fire Chief Dave Squires, inside City Limits, spoke in opposition to the removal of the perimeter fencing. Providence Seward Facility Supervisor Ben Faust spoke in support of the removal ofthe perimeter fencing and discussed maintenance and safety issues. In response to Smith, Faust discussed logistics with plowing. In response to Roach', Faust stated that snow blowing the area was not feasible. 1 ..... In response to Clark, Faust stated no other small helistop in Alaska had a fence around the perimeter. In response to Hohl, Faust stated Providence planned to remove the fence in the Spring. Hohl and Faust discussed the helistop landing lights and the helistop camera. In response to Commission suggestions, Faust stated Providence was willing to compromise. In response to HoW, Faust surmised the dumpster was not screened due to logistics. He further responded that the helistop lights were fixed when broken and Faust had not seen any problems with debris. The rules were suspended to allow further comments from Griswold. Griswold discussed Homer's helistop. She asked snow removed from Seward's helistop be contained on their property or removed. No one else requested to be heard and the public hearing was closed. Motion (SmithIRoach') Approve Resolution 2007-01 .... City of Seward, Alaska March 6. 2007 Planning Commission Minutes Volume 6, Page 161 Roach' spoke in opposition to Section 1. A and stated her safety concerns. ..... Smith spoke in opposition and stated this was a maintenance issue for Providence. He discussed his safety concerns. In response to HoW, Roach' reiterated her safety concerns. Hohl suggested postponing Resolution 2007-01 until a work session could be held to discuss concerns with Seward Providence. Clark discussed his experience with helicopters landing in a safe slow manner. Smith spoke in support of postponing the resolution. Keil suggested a compromise. Smith requested comments from the helicopter pilots. Clark concurred. Hohl stated her concerns with Providence enforcement issues. ..... Clark noted the Commission's responsibility to review Conditional Use Permits on an annual basis. Motion (Hohl/Clark) Postpone Resolution 2007-01 until a work session was held Motion Passed Unanimous Resolution 2007-02, of the Seward Planning and Zoning Commission, granting the City of Seward Harbor Department a variance from Seward City Code Chapter 15.25 Floodplain Management Coastal (V) High Hazard Flood Area to construct a public restroom facility on the South Harbor Dredge fill tract Williams stated the area where the new restrooms were proposed was currently classified as Coastal Flood Zone V2 and V 6. William explained ownership and fill construction of the area. He noted the area was at least nine feet above flood elevation. William explained the Community Development and Harbor Department were pursuing a letter of map revision. He stated FEMA and the State of Alaska have been notified. Williams recommended approval ofthe variance. Hohl requested a copy of the FEMA Flood Map be distributed to the Commission. _ The Commission took a recess from 8:15 pm to 8:25 pm. City of Seward, Alaska March 6, 2007 Planning Commission Minutes Volume 6, Page 162 In response to Smith, William stated he understood the area would be used as upland support for the new float system. 1 ..... Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside City Limits, spoke in opposition to the resolution and listed her reasons for the Commission to deny the application. Keil asked Harbor Master Scott Ransom to answer Commission questions. Harbor Master Scott Ransom outlined the conceptual plans for the area. He noted the restrooms were always included as part of the new float system. Ransom explained how the fill was designed and engineered by the Corps of Engineers and explained navigational servitude. He clarified that a Beneficiary Occupancy Date agreement had been signed which set the date the City took use of the land. In response to Hohl, Ransom stated the mapping had never been an issue. HohI read her response from her questions to FEMA regarding the ARRC Dock. Ransom stated that many Federal Agencies were involved with the South Harbor Dredge fill ~~ ~ In response to Hohl, Ransom stated the restroom was not being designed for a flood zone. He stated the issue was the FEMA map did not reflect the current conditions. Keil stated the area was elevated from the rest of the harbor. Smith commented the issue was a turf battle at the Federal level. Clark understood the variance was allowing the restroom construction to not include pilings. HohI understood the variance was to allow the building on the fill and also for the construction requirements. In response to Hohl, Ransom stated the restrooms were being placed at this location at Council direction and to coincide with the location to the new gangway. In further response to Hohl, Ransom described the other restrooms and dump stations. Hohl noted her concern of approving the variance before FEMA approval. ';/ In response to Roach', Ransom stated pilings were never considered necessary for the .J construction considering the fill was higher then the break wall and the fill was engineered for City of Seward, Alaska March 6, 2007 Planning Commission Minutes Volume 6, Page 163 conventional structures. He stated at this point the restroom had been engineered and the bid process .... had been completed. Roach' stated the land was designed as Park in the Land Use Plan. Ransom stated he wanted to insure the Mariner's Memorial and the restrooms were placed on this site, but other development would be left to Council, the Port and Commerce Advisory Board and the Commission. Keil spoke in support of restrooms being compatible with the Park designation. In response to Roach', Ransom stated the fill material was the same as the surrounding area In response to Hohl, Ransom stated a tsunami would effect the whole area and the fill was higher then the existing break wall that was there. He stated the price to construct the restrooms was $280,000. Hohl stated water and electric would be extended through the float system, but sewer was to service the restrooms. No one else requested to be beard and the public hearing was closed. .... Motion (Clark/Smith) Approve Resolution 2007-02. In response to Hohl, Williams stated Planner Taunnie Boothby with the Floodplain Management Programs contacted John Graves with FEMA. He noted he spoke with both parties and provided them with information on the variance. Williams clarified the variance was for the piling or columns. He noted that nothing was required to be designed to withstand a worst case tsunami event. Williams clarified the restrooms were an accessory use to the harbor. He clarified LOMR-F should read LOMR in the resolution and that this would be replaced administratively. In response to Hohl, Williams stated a conditional letter of map revision was never mentioned. Roach' stated she did not agree that a financial hardship qualified as a hardship for the vanance. Williams stated the pilings would double the cost ofthe structure. He noted Tryck, Nyman, Hayes Inc. did perform geotech studies and did find the land was suitable for the project. Roach' stated she was uncertain if she could support the variance prior to the letter of map revIsion. ... Hohl suggested a conditional letter of map revision. City of Seward. Alaska March 6. 2007 Planning Commission Minutes Volume 6. Page 164 Ransom described how the waterlines would be connected. s ..... In response to Hohl, Ransom stated sewer and waterlines were engineered to minimize infiltration of flood waters. Fire Chief Squires concurred. In response to HoW, Ransom noted the onsite waste disposal system was being located as to insure no contamination during flooding. In response to Hohl, Williams expressed his concerns with attaching a requirement for a conditional letter of map revision. He noted a letter of map revision was forthcoming and would be completed. Williams restated the reasoning behind allowing the variance. Hohl stated administratively the 4th whereas clause should expand LOMR to read, 'a letter of map revision.' Motion (Hohl/Roach') Strike the portion of Section 2.A. reading, "...and there are no other feasible locations for the structure which are not located within a floodplain." Keil spoke against the amendment. l ..... Hohl spoke in support of the amendment. Motion Failed Yes: Hohl No: Clark, Keil, Roach', Smith Hohl stated Section 2. B was not accurate in describing users. Keil stated the language wasn't prohibitive. Williams stated the wording was to validate the location of the restrooms. The Commission discussed the merits of Section 2. C. Main Motion Passed Yes: Clark, Keil, Roach', Smith No: Hohl Unfinished husiness January 4, 2007 Regular Meeting Minutes , J Motion to Postpone (Hohl/Roach') Unanimous City of Seward, Alaska March 6, 2007 Planning Commission Minutes Volume 6, Page 165 .... February 6, 2007 Regular Meeting Minutes Terry noted administrative corrections. Roach' outlined the corrections to her comments. Hohl outlined a correction to her comments. By general consensus, the minutes were approved as corrected. Informational Items and Reports (No action required) Special meeting notice for March 20, 2007 Keil and Hohl noted they would not be able to attend the meeting. Joint Work Session with the Seward Bear Creek Flood Service Board set for March 6th, at 6:30pm, City Council Chambers. Keil reviewed the meeting for those Commissioners not in attendance. ... Joint Work Session with Council set for March 27, 2007, 6:00pm, City Council Chambers Hohl noted she would not be able to attend the meeting. Flood Development Permit Information Seward Bear Creek Flood Service Area Board Agenda for March 5, 2007 Seward Bear Creek Flood Service Area Board Approved Minutes for January 15,2007 and February 5, 2007 Commission Comments - Kcil noted the City Attorney's opinion on public easement's differed from the letter Hohl distributed. Hohl noted this issue had ramifications for property owners. Clark thanked Williams for suggesting and organizing attendance to the AP A Commissioner _ training. City of Seward, Alaska March 6, 2007 Planning Commission Minutes Volume 6. Page 166 Roach' looked forward to the work session on the helistop CUP including compliance issues. J j ..J Hohl met with head of Borough Maintenance and obtained a copy of an ADA transition plan. Keil stated the AP A training was very useful, she offered her training material for the Commission. Citizens' Comments - None. Commissions and Administration Response to Citizens' Comments - None. Adjournment ," // ~~{ "/~u / f/1Vl'A ...~" . M anna Keil \ Chair .\,UIUI'lll ~........ 0"; SEl.1~q~"##, .~ -, ....,U... ^~,.') ~} ~'""" .... ~OR ..~ ~v <1;<,. .~ r"<- ",O~ f;o\)'r:.. -:. .. v. r, ,'^ . .. ~:~ v~ ~ .... .~..-.- . r.'.Jl :: :.... F t\.L : 0 ~ oM . . d ~. .... S"'~. ... '!!'I'Iv. ~ "" ~... ~ l:: w8-. t\~. ~.IIIr "';. \. it.'!. o....\-,~...}:..,' :: ~_ ~.r;.~...Y}../E 1 t ,\~.b. ,6:;~ ..~'" .~ I.A,.,.. '..~~'....." 't.' ~~. " '1 i 'r; ")" ~...'.. .... J',." <;; Uf". \'\.'\. -;""..,,,,, , , 'j; -~ ..... 11 .~ ...; City of Seward, Alaska March 20, 2007 Planning Commission Minutes Volume 6, Page 167 Call to order The March 20, 2007 special meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Vice Chair Tom Smith. Opening Ceremony Commissioner Roach' led the Pledge of Allegiance to the flag. Roll Call There were present: Tom Smith presiding, and Kevin Clark Bob Hicks Sandie Roach' Margaret Anderson comprising a quorum of the Commission; and Scott Williams, Planner (telephonically from Fairbanks) Donna Glenz, Planning Assistant Christy Terry, Executive Liaison Absent: Marianna Keil Lynn Hohl City Administration Report Planner Scott Williams reported on upcoming Commission Agenda Items. Planning Assistant Donna Glenz reported on the following items: . City offices will be closed on Monday, March 26th. The City Council Meeting was rescheduled for Tuesday, March 27th. · Reminder that the Annual Joint Planning and Zoning Work Session was scheduled at 6pm on March 2th. · Assistant City Manager Kirsten Vesel was transitioning from working part time into full time. · Approval of the new City Manager Contract would be on the March 27th Council Meeting Agenda. · Community Development and Engineering received the new large format copier. Other Reports, Announcements and Presentations- None. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None City of Seward, Alaska March 20, 2007 Planning Commission Minutes Volume 6, Page 168 Approval of Agenda and Consent Agenda - Motion (Anderson/Clark) Approve the Agenda and Consent Agenda Motion Passed Unanimous Consent Public Hearings - Resolution 2007-03 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, granting a Conditional Use Permit to Hugh and Iris Darling for the development of a 20-Space Recreational Vehicle Campground / Park at 1303 Nash Road, TIS, RIS Seward Meridian, Government Lots 4 & 5 in a Resource Management Zoning District Commission reviewed additionallay downs from United States Department of the Interior Fish and Wildlife Services. Glenz reviewed information provided on page 7, 8 and 9 of the packet. She stated it was staff's recommendation to approve the Resolution. In response to Clark, Glenz noted the July 25th, 2006 letter was sent directly to Mayor Shafer and was forwarded to the Commission today. She clarified that staff's recommendation remained the same. In response to Anderson and Smith, Williams stated the regulatory authority was vested in the Federal Agency and the applicants had been notified to contact the appropriate Agency. Hicks questioned why the Federal requests were not outlined in the Conditional Use Permit. Williams stated the City had notified the applicants ofthe Federal requirements. Clark confirmed with Williams that by notifying the developers the City had fulfilled its obligation. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Al Shafer, inside City Limits, stated he owned adjoining property to the proposed development. He asked the Commission to limit development within the specified area of the Eagle Nest. No one requested to be heard and the public hearing was closed. Motion (AndersonlRoach') Approve Resolution 2007-03 Anderson stated the City of Seward should not become involved with regulating development near eagle nests or they would have to limit development allover Seward. She felt the City's notification to the developers was sufficient. City of Seward, Alaslca March 20, 2007 Planning Commission Minutes Volume 6, Page 169 Motion (HickslRoach') Add Condition #2, "Applicant shaD comply with all applicable laws pertaining to development of property including but not limited to the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act" Hicks spoke in support of his amendment. He noted that Fish and Wildlife Services had requested the City's support. Smith stated this issue should be added to the Commission's priority list and the Commission should inventory nests to assist developers. Motion Passed Unanimous Main Motion Passed as Amended Unanimous Resolution 2007-04 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, granting a Conditional Use Permit to Locate Four (4) Conex Units to be used as storage on a pad adjacent to the Seward High School in an Institutional Zoning District Glenz reviewed pages 20 and 21 of the Commission's packet. She stated staffrecommended approval of the resolution. Glenz informed the Commission that Kenai Peninsula Borough Staff Public Works Project Manager Kevin Lyons was in the audience for questions and comments. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. David Moore, the Architect hired by the Kenai Peninsula Borough, outside City Limits, stated he was here to answer any technical questions. In response to Smith, Moore explained these units would house school and emergency supplies that did not include flammable substances. Kenai Peninsula Borough Project Manager Kevin Lyons, outside City Limits, stated he was here to represent the Kenai Peninsula Borough and School District. In response to Anderson, Lyons stated the units would house items from all three schools. In response to Commissioner comments, Lyons stated the Borough was not happy with the five year restriction on the conex units proposed by staff in the resolution. In further response to Commission comments, he stated the Borough did not have funds for a permanent structure and the proposed location suited the school's needs best. He stated the transportation corridor issues were not part of this Conditional Use Permit. City of Seward, Alaska March 20, 2007 Planning Commission Minutes Volume 6, Page 170 Keith Campbell, inside City Limits, spoke against allowing the conex units. He supported a permanent structure for aesthetic reasons and questioned if any schools on the other side of the peninsula had to resort to conex units. Jim Beckham, inside City Limits, noted he did not necessarily support the conex units, but nothing could look worse then the hallway that was previously there. He supported the 5 year review by staff. Beckham stated his main concern was that the road around the school wasn't wide enough making the area dangerous. He spoke against the current traffic pattern because of the route through the residential neighborhood. Beckham stated the road encroached onto his property. Howard Ferren, inside City Limits, hoped the conex units would not become the permanent solution for storage and supported Beckham's comments. No one requested to be heard and the public hearing was closed. Motion (Clark/Anderson) Approve Resolution 2007-04 Motion (Hicks/Clark) Add Condition 2, "The temporary building posing as locker rooms should be moved to the same location, placed on foundations and made code conforming structures" Motion Passed Unanimous In response to Commissioner's questions, Glenz stated the driveway was part of the demolition permit reviewed by staff. Roach' was sympathetic to the schools' need for storage but stated the conex units troubled her greatly. Lyons noted the money was not available to build a permanent structure because the funds were not part of the scope of work appropriated by the State. In response to Roach', Lyons noted the schools on the other side of the peninsula were able to utilize the shared School District storage warehouse. Fire Chief David Squires responded to Commission discussion by noting the Fire Department planned to store Emergency Supplies for the City of Seward's disaster preparedness in these conex units. Motion (Anderson/Hicks) .Change Condition 1 from a five (5) year renewal date to a three (3) year renewal date Motion Passed Unanimous City of Seward. Alaska March 20, 2007 Planning Commission Minutes Volume 6, Page 171 Main Motion Passed Yes: Anderson, Clark, Hicks Smith No: Roach' Informational Items and Reports (No action required) Commission Comments - Roach' thanked the public for their comments. Anderson stressed her concern that the Kenai Peninsula Borough kept Seward's students best interest in mind. She noted the Boys and Girls Club was looking for space to run their program. Anderson stressed the need for the community to revisit the traffic pattern in this area. Smith supported the City and the Borough looking for solutions together. Citizens' Comments - Hugh Darling, inside City Limits, thanked the Commission for acting on Resolution 2007- 03 the Conditional Use Permit for his campground development. In response to Anderson and Roach', Darling stated he was aware of the eagle nest and the requirements. Commissions and Administration Response to Citizens' Comments - Anderson spoke in support of development on that side of the bay. Council Member Bob Valdatta spoke in support of the Commission working with the School District to solve the storage problem and asked rhetorical questions regarding the Darlings' campground development. Adjournment ---. / ..- /07-; 7 ~~-~--~~~ Tom Smith ,-' Vice Chair C 'sty Terry Executive Liaison *~..t"II'", \,. ,#, (City Seal)....,~~.--l O'~.~~I1~"',~ :P d':"'o?POFi;;'~,,~o ~ ''" .._....u 'A.... '. · :'10 ,:;,.,'" .'; l'= --- "'\ : ~i\l · S~ ^ . ue "a! ~l.\T :0= .t. ':1..l..I. UJI ~ . . - ~ . ~ ... "~ 31. .. .. ", '~',~/ ...tt,.,:: ,,, ~,,',' '~,1,:, 1 '\~ .,' I~ ~ \"~ 'r ~,;: .~.:l...,~,.\:?\~..~ ~~Jrl"" V}" , '\", ""UIU"";\). City of Seward, Alaska April 5, 2007 Planning Commission Minutes Volume 6, Page 172 Call to order The April 5, 2007 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Hohlled the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Lynn Hohl Sandie Roach' Tom Smith comprising a quorum of the Commission; and Scott Williams, Planner Christy Terry, Executive Liaison Absent: Bob Hicks City Administration Report Planner Scott Williams reported on the following items: · The Community Development Department had scheduled a work session for the Commission on the Library! Museum rezone for April 1 ih at 6:30 pm. · The Community Development Department was very busy with inquiries regarding land sales and development. · Williams stated his last day as Interim Planner would be April 20th. He noted he had enjoyed his time with the Commission. Executive Liaison Christy Terry stated she had accepted the position of Engineering Executive Assistant. Williams stated he had no violations, interpretations or abatements to report. Other Reports, Announcements and Presentations- KPH Planning Commission Report - Tom Smith City of Seward. Alaska April 5, 2007 Planning Commission Minutes Volume 6, Pa~e 173 Smith directed the Commission to his distributed written report. Liaison from Seward Bear Creek Flood Sen'iee Area Board - Randy StautTer Stauffer noted the minutes from the last two meetings were included in the Commission packet. He reported the Board was in negotiation to retain consulting services from Retired Flood Plan Manager Christy Miller. Stauffer then listed the Board's 2007 capital projects, discussed the article to appear in the Seward Phoenix Log, notified the Commission of the upcoming Town Meeting on the October 2006 Flood, and shared that the Kenai Watershed Forum was in Seward this week. Citizens' Comments 011 Any Subject exeept Tbose Items Sebeduled For Publie Hearing - None. Approval of Agenda and Consent Agenda - Motion (Anderson/Smitb) Approve tbe Agenda and Consent Agenda Anderson added item 9.B "Tbe Question of Annexation" to the agenda. Hohl pulled the Manh 6, 2007 Regular Meeting Minutes from the Consent Agenda and added item 9.C "Work Session Reports" to the agenda. Motion Passed as Amended Unanimous Consent Unfinished Business Items requiring a Public Hearing- Resolution 2007-01, of the Seward Planning and Zoning Commission of the City of Seward, Alaska, granting an amendment to a Conditional Use Permit issued to Providence Alaska (10/1996) as amended by tbe Seward Board of Adjustment: elimination of eondition lOb related to the requirement for perimeter feneing for the Helistop loeated on Lot la, Original Townsite of Seward, Marathon Addition, within the Institutional Zoning District Williams stated this resolution was postponed to hold a work session. The applicant was present at the work session that was held with the Commission and was in the audience tonight. Notice of public hearing being posted and published as. required by law was noted and the public hearing was opened. Ben Faust, Providence Seward Medical and Care Center, outside City Limits, spoke in favor of the resolution. In response to Hohl, Faust stated it would be preferable to have the fence completely removed but Providence was willing to compromise. No one else requested to be heard and the publie hearing was closed. City of Seward, Alaska April 5, 2007 Planning Commission Minutes Volume 6, Page 174 Motion (SmithIRoach') (Motion made on 3/6/2007 and postponed) Approve Resolution 2007-01 Roach' spoke in opposition to the resolution and noted the request to remove the condition stemmed from maintenance issues that could be addressed in other ways and reiterated her safety concerns. HoW stated her concerns with the hospital meeting the conditions of their current Conditional Use Permit. Commission and staff discussed public notice requirements surrounding Hohl's major amendments to Resolution 2007-01. Anderson and Smith concurred that this resolution was specifically dealing with amending condition lOb of the Conditional Use Permit. Williams stated his concern with the public notice requirements and attaching items to this resolution dealing with enforcement. He stated staff should examine the enforcement questions surrounding the Conditional Use Permit or the Commission could direct staff to bring the Conditional Use Permit back for the COn1missions review. Hohl suggested postponing the resolution. Keil spoke against postponing theresolntion. Hohl spoke against modifying a Conditional Use Permit where the applicant wasn't in compliance with other conditions. Smith stated Providence's request to modify the fence was due to their maintenance issues and did not address safety concerns. Anderson stated she was on the Seward City Council when the helistop was approved for this area and initially had reservations. She noted there was no other place for the helistop. Anderson spoke in support of the resolution and stated she was willing to look at the CUP compliance at a later time. Motion (Hohl/Roach') Section 1. B should read, "There is no indication that amending the conditional use permit by modifying the fence to allow it to be removable during the winter months would substantively change site and/or operating conditions nor negatively impact the value of adjoining properties and no negative public comment has been City afSeward, Alaska April 5, 2007 Planning Commission Minutes Volume 6. Page 175 r~eived from the neighboring property owners." Commission discussed options surrounding amending the resolution specific to this condition lOb. In response to Williams' enforcement questions, Hohl stated her intent was to allow Providence some flexibility removing the fence based on the weather. Clark stressed trusting Providence to make the decision regarding fence safety. Anderson and Roach' discussed the anecdotal evidence of the last 9 years. Hohl reminded the Commission of Fire Chief Dave Squires' concerns. Motion Passed Yes: Hohl, Keil, Roach', Smith No: Anderson, Clark Motion (Hobl/Smith) Section 2, replace 'removing condition lOb' with, 'amending Condition lOb to allow removable fencing.' Motion Passed Unanimous Main Motion Passed Unanimous Public Hearings - Resolution 2007-05, of the Seward Planning and Zoning Commission of the City of Seward, Alaska, granting a Conditional Use Permit to Tom and Lori Swann the development of an 11- room hotel at 504 Adams Street located in a Central Business Zoning Distriet Williams reported the Swanns' request was to convert the historic Independent Order of Odd Fellows Hall into an eleven room hotel to include a ballroom and conference space. Currently the building was a single family residence operating as a bed and breakfast. Williams reported there were no parking requirements in the Central Business District, but the applicant was willing to provide eleven parking spaces. He recommended approval of the conditional use permit. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Kerry Martin, inside city limits, spoke in support of the project. He clarified the Commission should address the need to vacate the lot line with the addition and the sign code needed to be examined regarding the sign projecting into the right of way. City of Seward, Alaska April 5, 2007 Planning Commission Minutes Volume 6, Page 176 In response to HoW, Tom Swann stated he would begin construction within the next two years. In further response to Hohl, Swann stated the refuse containers would go on the corner next to the door on the L shaped side. Swann confirmed for Hohl that there was a total of 11 hotel rooms plus the resident apartment. In response to Hohl, Swann stated he addressed the parking issue under his application item #4. Hohl thought tandem spaces were allowed and would help address the parking issue. In response to Hohl, Swann stated he had not obtained ADA approval because there was no reason to until the Commission approved the CUP. He stated the plan would be completed by an architect. In further response to Hohl, Swann assured Hohl he was required to meet ADA standards. He stated he was aware of the needed replat. Swann noted there would be landscaping. No one else requested to be heard and the public hearing was closed.. Williams stated the applicant was first verifying that the use would be allowed and would then complete the lot line vacation, a building permit would be obtained, and a sign permit would be obtained. Motion (Anderson/Clark) Approve Resolution 2007-05 Chair Keil ruled that Clark did not have a conflict of interest based on Clark operating a competing bed and breakfast. Hohl stressed the Commission's practice was to require adequate parking in the Central Business District as it applied to lodging. Smith and Anderson concurred that the parking Swann was proposing was adequate. Motion (HohIlAnderson) Add Section F.l, "Refuse location to be approved by City Staff and may require screening." Motion Passed Unanimous Motion (Hohl/Smith) Add Section F .2, "The property will be replatted in compliance with SCC ~12.01.030. " Williams questioned the need for the condition since the requirement w~ part of the building code and would be required in the building permit process. Hohl spoke in support of the need for the amendment. Clark questioned if the amendment was redundant. City of Seward, Alaska April 5. 2007 Planning Commission Minutes Volume 6. Page 177 Motion Passed Yes: Anderson, Clark, Hohl, Smith No: Keil, Roach' Hohl suggested compliance language be incorporated into the CUP regarding the sign code. Keil spoke in support of the current sign. Main Motion Passed Unanimous Resolution 2007-06, of the Seward Planning And Zoning Commission of the City of Seward, Alaska, recommending the Seward City Council approve the Vacation of"B" Street between First Avenue and Second Avenue and Convey Title to the State Of Alaska (A VTEC) for Educational Facilities Williams stated this was an old issue and reviewed the history of the site. He reviewed the provision in Section 1 of the resolution. Williams stated that this vacation was in conjuncture with the conveyance of Block 6 in Resolution 2007-07. He concluded with staffs recommendation to transfer the entire right-of-way to the State of Alaska. Notice of public hearing being posted and published as required by law was noted and the publie hearing was opened. Kerry Martin, inside city limits, confirmed it only made sense to give the entire right-of-way to the State of Alaska. He suggested clarifying the sections in the resolution. No one else requested to be heard and the public hearing was closed. Motion (ClarklSmith) Approve Resolution 2007-06 Chair Keil ruled that Hoht did not have a conflict of interest based on Hohl's husband being an employee of A VTEC. Hohl clarified that Alaska State Statutes require the right-of-way divided between the two property owners. She noted the right-of-way had value and the City should receive something for this valuable asset. The rules were suspended to allow Kerry Martin to speak. Martin stated there had been previous instances where the City had agreed to give away the entire right-of-way. Anderson suggested the State of Alaska had prime property to trade, but she stated this issue might be more appropriate for the next resolution. Anderson stated her concerns with draining and public access to First Lake. _ City of Seward, Alaska April 5, 2007 Planning Commission Minutes Volume 6, Page 178 Williams discussed conversations with A VTEC regarding perpetual easements, parking and access to the park. In response to Keil, Williams surmised the High School was built over the right-of-way in 1956. He stated the details of the transfer would be decided upon by Council. Keil spoke in support of the vacation as submitted. Hohl stated the square footage being given away would limit the City's negotiation with the Block 6 conveyance. Commission recessed from 9:15 to 9:25. Keil read Kenai Peninsula Borough Code allowing, in some cases, the entire width of the vacated right-of-way to attach to one parcel. Hohl read the State Statutes attaching the width in equal proportions with one exception. In response to Hohl, Williams stated the Planning and Zoning Commission in their advisory role was to review this item prior to being decided on by Council. In further response to Hohl, Williams stated the 6th Whereas clause was refereeing to the City Manager. Motion Passed Yes: Anderson, Clark, Keil, Roach', Smith No: Hohl Resolution 2007-07, of the Seward Planning And Zoning Commission of the City of Seward, Alaska, recommending the Seward City Council approve the Conveyance of Block 6 also Described As: T IS R 1 W SEC 10 Seward Meridian SW 0000004 Original Townsite of Seward Federal Addn (School Reserve) BLK 6 to the State of Alaska (A VTEC) for Educational Facilities Williams stated this was the companion resolution to the preceding vacation. He outlined the current use of the property. He noted the provision in Section 1. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Kerry Martin, inside city limits, recommended disposal of the property but stressed the need to receive adequate compensation. He outlined some of the available State property. In response to one of Martin's suggested properties, Randy Stauffer, inside city limits, clarified the State's ownership claims for resources in navigable waterways. No one else requested to be heard and the public hearing was closed. City of Seward, Alaska April 5, 2007 Planning Commission Minutes Volume 6, Page 179 Williams clarified the City of Seward did not have school powers and would not likely be operating a school on the site. Motion (Anderson/Clark) Approve Resolution 2007-07 Williams confirmed for Anderson that his recommendations were included in the resolution. Anderson discussed her access concerns into Two Lakes Park. Motion (AndersonIHohl) Amend Section 3. item 1 foDowing 'other features of the parcel,' add 'including entry and exit access to and parking for Two Lakes Park.' Hohl spoke in support of the amendment and stated this should also be addressed in the platting process. Williams spoke in support of the need for access to be outlined in the resolution. Anderson discussed the need to have access on the North end of the property. Williams stated the State owned the parcel on the North end and they would have control over the traffic flow. He stated the provision for access could be used as leverage by the Council. Commission discussed the most appropriate language for the amendment. Motion Passed Unanimous Keil and Roach' discussed the public's interest in the conveyance. They noted A VTEC and private business' contributions to the community. Hohl stated this asset had monetary value in either cash or trade. She supported obtaining comparable compensation. HoW noted the City could pay the Federal Government to remove the educational restrictions. Motion (AndersonlHohl) Amend the 7tll Whereas Claus following 'interest.' to add 'The City is urged to request other lands in exchange for this transfer, such as the State Shop Site, Fifth and B Street parcel, and acreage behind Forest Acres.' Williams suggested the Commission send a letter to Council with their recommendations. City of Seward, Alaska April 5, 2007 Planning Commission Minutes Volume 6, Page 180 Smith supported not giving the land away, but stated the negotiators should be allowed to negotiate the best deal. Roach' and Hohl spoke in support of the amendment. Hohl stated it was cleaner to outline the Commission wishes in one document. Clark supported Council's ability to negotiate. Anderson spoke in support of her amendment, but suggested following up with an additional letter. Motion Passed Yes: Anderson, Clark, Hohl, Roach', Smith No: Keil Main Motion Passed Unanimous By general consensus, the Commission directed Administration to write a letter to Council with recommendations regarding conveyance of Block 6. Unfinished business January 4, 2007 Regular Meeting Minutes Hohl suggested postponing the minutes one more time to allow her to submit her amendments in writing by Monday to the Executive Liaison. Motion (Anderson/Clark) Approve January 4, 2007 Regular Meeting Minutes Motion (Hohl/Clark) Postpone the January 4, 2007 Regular Meeting Minutes Terry read SCC S2.1 0.060 allowing Council Members to allow their remarks to be reflected in the minutes verbatim. She noted in the absence of Rules of Procedure for the Commission, Council rules were followed. Keil spoke against the postponement. Motion Failed Yes: Hohl, Roach', Smith No: Anderson, Clark, Keil Hohl began her amendments to the minutes. Clark and Keil discussed their concerns with Hohl' s amendments. City of Seward. Alaska April 5, 2007 Planning Commission Minutes Volume 6, Page 181 Hohl noted she was allowed to change her comments. She stated she was willing to outline her amendments line by line. Smith stated if the amendments were verbatim then there shouldn't be a problem. Williams stated legal council should be consulted regarding amending minutes from 3 months ago. He supported postponing until the next Regular Meeting in May. Smith asked Williams to obtain an opinion from the Attorney's of what was the legal record of the Commission. Anderson questioned the 'bone of contention' in the January Minutes. Motion (KeillHohl) Postpone to the next Regular Meeting on MJty 3, 2007 Motion Passed Yes: Andenon, Clark, Hohl, Roach', Smith No: Keil March 6, 2007 Regular Meeting Minutes Terry noted Robert's Rules of Order recommends strictly action minutes to solve constant amendments with minutes. She noted the Seward City Code stated the minutes should be a record of only such business as was actually passed. Motion (KeiVSmith) Approve MaRh 6, 2007 Regular Meeting Minutes Motion (HohVRoach') Amend the minutes on page 152 in the sentence above the rules being suspended for Griswold to read, 'In response to questions by Hohl about the Hospital existing CUP requirements,' Williams stated his concerns with amending these items. Roach' remembered Hohl was talking about the hospital CUP. Motion Failed Yes: Hohl, Roach', Smith No: Anderson, Clark, Keil Administratively amend paragraph one on page 155 to read 'designated.' Administratively correct Commission trainings to read 'AP A.' Hohl stated she only obtained a copy of an ADA transition plan. City of Seward, Alaska April 5, 2007 Planning Commission Minutes Volume 6, Page 182 Main Motion Passed as Amended Unanimous Annexation Anderson stated the City Council should be urged to open the discussion of Annexation agam. After Commission discussion, by general consensus the Commission requested this item be placed on the next Regular Agenda. Discussion of work session report Hohl spoke in support of work session reports under Special Reports and Presentations on the Commissions Regular Meeting Agenda. In response to Clark, Hohl clarified these reports would not be made by Administration. Anderson supported Hohl suggestion. By general consensus, the Commission requested this as a Regular Agenda Item. Informational Items and Reports (No action required) Seward Bear Creek Flood Service Area Board Agenda for April 2, 2007 and Seward Bear Creek Flood Service Area Board Approved Minutes for February 19,2007 and March 5, 2007. Work Session set for April 17 ,2007 at 6:30 pm to discuss the recommendation that the Seward City Council amend the Seward Land Use Ordinance Zoning Designation of Lots 1-6, Block 8,. OTS, from Auto Commercial to Central Business Zoning District to develop a Community Library and Museum. Commission Comments - Clark identified Council's main priority was for the Commission to write an Ordinance for disposal and to identify city owned land. Roach' thanked Hohl for putting the work session report on the agenda. Anderson asked for a status update on the Sign Ordinance and filing fees. Williams suggested the Commission continue to review the Land Use Action Fee Schedule. City of Seward. Alaska May 3, 2007 Planning Commission Minutes Volume 6, Page 184 Call to order The May 3, 2007 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Hicks led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Bob Hicks Tom Smith comprising a quorum of the Commission; and Donna Glenz, Planning Assistant Christy Terry, Executive Liaison Absent: Sandie Roach' Lynn Hohl City Administration Report Planning Assistant Donna Glenz reported on the following items: . Thanked Marvin Yoder, interim City Manager, for time and guidance. . Welcomed the new City Manager Phillip Oates. . Thanked Terry and stated that the Executive Liaison and Temporary Planner positions have been posted for hiring. Staff were short handed on an interim basis. . Northern Edge exercise would occur May 1-18. The Seward portion would occur May 7-11. . Fire Department noted Seward will be the ftrst city on Peninsula to receive sirens with greater audibility and that would be installed within 45 days. . 3rd Avenue paving project would occur during the next week. . Last night and tonight, State, FEMA and local agencies have would hold flood meetings at the Ray building. . Zoning appeal scheduled for Tuesday June 12th at 6:30 p.m. to discuss the Pruitt appeal. . Staff provided SMIC Development Plan as a lay down for Commission. . Special meeting on May 15th at 6:30 for two public hearings. City of Seward. Alaska May 3, 2007 Planning Commission Minutes Volume 6, Page 185 Other Reports, Announcements and Presentations- KPH Planning Commission Report - Tom Smith provided a written report, stating there was very little activity this month. Liaison from Seward Bear Creek Flood Service Area Board - Randy Stauffer not in attendance due to Flood Board meeting. Previous work session review.. Chair Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None. Approval of Agenda and Consent Agenda - Motion (Anderson/Smith) Approve the Agenda and Consent Agenda Motion Passed Unanimous Consent Unfinished Business- Anderson asked staff why the January 2007 minutes were not on the Agenda. Glenz responded that Commissioner Hohl did not submit verbatim comments to be included in the minutes. The Commission had postponed the minutes to allow Hohl to submit the information. Commission discussed their desires regarding Hohl's amendments. Keil stated'she'would request Hohl to have her comments in by May 21st. Smith discussed the Rules of Commission procedures and suggested examining the rules regarding the minutes and not having them be verbatim. New Business Select a Work Session date for review and recommendations of the Seward Marine Industrial Center Development Plan Commission set a work session to discuss the SMIC Development for June 19th at 6:30. Resolution 2007-08, approving the 2007 P&Z Commission Priority List Glenz stated a work session was held on March 27th and Resolution 2007-08 was the result of the work session. City of Seward, Alaska May 3, 2007 Planning Commission Minutes Volume 6. Page 186 Keil thought some items would be taken off the list and kept in their view, such as the Airport and ARRC plans. Keil stated the Municipal Land Plan and code revision were two main priorities. Smith agreed with Keil. He suggested one plan be assigned to each work session for comments and be looked at ever year. Commission should be prepared to make comments on plans that are already scheduled. Keil replied she would like to see a sense of accomplishment at the end of the year. Anderson asked about the ARRC and if anything had been done. Clark commented he would like to keep them on list.to serve as a reminder. Smith stated annually he would like to have them come and review their plans at a work session. Hicks suggested that there be a list of priorities and a separate list of items to keep track of. Smith continued they shouldn't be on our list but we should look at them every year. Clark stated that the Parks and Recreation Plan was an example of the Commission motivating progress. Hicks asked if a priority system could be created and brought back to Commission for discussion. Motion (Smitbl Andenon) Postpone Resolution 2007-08 to the next Regular Meeting Motion Passed Unanimous Consent Keil requested the Commission send her their suggestions for her to modify the resolution. Discussion and recommendation to Council regarding Annexation of area North of Seward City Limits Anderson requested this be on the agenda and thanked staff for including information. She continued that businesses and home construction were still expanding outside city limits and she didn't think the Seward area and population should be divided. She would like to recommend to council that they act on it. Hicks provided an overview of the annexation process. City o/Seward, Alaska May 3. 2007 Planning Commission Minutes Volume 6, Page 187 Hicks interjected that the fastest way to gather information would be inviting Dan Bockhorst, 269-4559, to conduct a presentation on annexation. The Commission agreed to have this more citizen driven than Administration, Council or Commission driven. Informational Items ancJ Reports (No action required) Special meeting notice of Public Hearing set for May 15, 2007. A Request by Brad Snowden to purchase City of Seward land on the West side of Nash Road; approximately 5 acres of Tract HI, Fourth of July Subdivision, Roberts Replat (Staff plans to place item on the May IS, 2007 Special Meeting Agenda) Commission Comments - Anderson commented that she would like to see the Executive Liaison and Clerk positions filled. She welcomed Mr. Oates and thanked Mr. Yoder for his input. Smith stated his support to fill the Liaison position. He thought the meetings ran smoother and created awareness amongst the boards and commissions. Smith thought it was a good position and it should continue. Hicks welcomed the new City Manager and thanked Mr. Yoder for his time and looked forward to working with Oates. Clark stated he would work as a citizen on the annexation issue. He continued that we missed Glenz and now we get both Glenz and Terry and he understands the need for more staff and hopes Council does too. He stated that it might behoove the Commission to communicate to the Council the importance of the Community Development Department and the need for more staff and money. Keil reiterated she'd be gone May 18-June 6 and asked everyone to review the draft SMIC Plan for June 19th. She continued that she'd be interested in hearing Dan Bockhorst present. She agreed with the need for a Planner. Keil requested the Commission send emails on the priority resolution and to concentrate on items the Commission could accomplish and have separate items to review. Citizens' Comments - Hicks would like to see annexation examined for Seward. Commissions and Administration Response to Citizens' Comments - Planning Commission Minutes Volume 6, page 188 City of SeWard, Alaska May 3. 2007 AdjOUrnment Meeting ad)OUrned at 8:25pm. I :"\ Anne Bailey Executive Liaison ~~,~\), ...... ... C'" ,.It, ....:. ' . O~ ...;;f;:t... :t, " .- "~" . " " " .. ~, ...';' ,." ..... ''''lL-.'' ~ d....o'?:?O~.;::~O ~~ 'Q .. .J) ,~'. ,<I< : :~ --- ,~\ ~ : : '. <;. ~Q: ST~t\~1 :^~~ ... ~ -,-,.*. _...- : "'" ow .. . . co .' . -- ... ~ ':" ~h tl 1 :: ..... t...';....I./J.l ..." .... 'ePo :: ,p /.A .....!!: 1 ,,':l.... ~ 'It ','1"" .....1... C ," .: ,~" l! 0\- "\,,,;~:,J ......... II r r" ....... ""11"'\"\'\ City of Seward, Alaska May 15, 2007 Can to order Planning Commission Minutes Volume 6, Page 189 The May 15, 2007 regular meeting of the Seward Planning & Zoning Commission was called to order at 6:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Hicks led the Pledge of Allegiance to the flag. RoU Can There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Lynn Hohl Bob Hicks Sandie Roach' Tom Smith comprising a quorum of the Commission; and Donna Glenz, Planning Assistant Christy Terry, Executive Liaison Absent: City Administration Report Planning Assistant reported on the following items: . Thanked Terry for being parliamentarian. . The City is continuing to look for an Executive Liaison. . Informed today that John Bird has been hired as the temporary Planner and will work on specialized projects. Glenz will work on daily projects and issues. . Northern Edge 2007 was held last Thursday and Friday and went well. . Shannon Kovac and Tom Swann were reseated to the Historic Preservation Commission at the City Council meeting. The Commission is sponsoring the historic tree and plan walk in observance of Historic Preservation month. . The Senior Center Project is on track and moving forward. . The P & Z Regular Meeting was scheduled for June 5th, the Pruitt Appeal was scheduled for June 12th at 6:30, and the review of the SMIC Development Plan was scheduled for the work session on June 19th at 6:30. Other Reports, Announcements and Presentations- None City of Seward, Alaska May 15, 2007 Planning Commission Minutes Volume 6, Page 190 Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None. Approval of Agenda and Consent Agenda - Motion (Anderson/Smith) Approve the Agenda and Consent Agenda Motion Passed Unanimous Consent New Business Items requiring a Public Hearing Resolution 2007-09 recommending City Council approval of amending the Land Use Plan and the rezoning of Lots 1-6, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD) Glenz requested a land use map amendment. In 2006, the City purchased 6 lots in preparation for the development of the Library and Museum project. Glenz reviewed the land use plan and zoning. Glenz stated that the request met code requirements by being contiguous to the property on the west. She stated that several phone conversation and three written letters had been received in support of the rezone and the project was supported by the Mayor and City Council. Glenz said the Community Development office had not received verbal or written opposition to the rezone and that Staff recommended approval. Hohl thanked the administration for getting the legal opinion to her question from the work seSSIOn. Keil asked if the rezone would include the entire area. Glenz received further rezone requests after the public hearing requirements were followed, so, it would not meet requirements to add additional lots. She continued there is no opposition but can't add on without more public hearing notices. Clark said that since this is an advisory on this issue could this then go to council. Glenz replied that public notice is needed at the Planning and Zoning level. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Keith Campbell, inside City Limits, spoke in support of this resolution and its importance to the project. Patty Linville, City Librarian, spoke in support and thanked the Commission. City of Seward, Alaska May 15, 2007 Planning Commission Minutes Volume 6, Page 191 No one else requested to be heard and the public hearing was closed. Motion (AndersonIHlcks) Approve Resolution 2007-009 Keil handed the gavel to the Vice Chair and asked for a ruling on a conflict of interest. Vice Chair Smith stated there was no conflict ofinterest because Keil was fund raising the project but wouldn't receive financial gain. Hohl reiterated that she was still concerned with the infrastructure. Roach' agreed that the amenities of CDD should be there. In response to Keil, Glenz stated an interior lot line vacation would be necessary. Anderson confirmed that the lot line vacation will come before the body and felt the amenities would be addressed in the building permit. Hohl agreed that this will happen for this project but might not happen for the rest of the block. Motion Passed Unanimous Resolution 2007-10 recommending a status for disposal ofland owned by the City, which has a legal description of Tract HI, Fourth of July Creek Subdivision, Roberts Replat Glenz described area for disposal of land. She stated that this is not mentioned in the Municipal Lands Management Plan; therefore, the Commission needed to review the request and provide recommendation to Council. Staff had strong concerns with supporting an unplanned development and the lack of infrastructure. In response to HoW, Glenz noted the portion Snowden was requesting was north of the gully and down the bluff that provided access. The pie shape would remain city owned. In response to Anderson, Glenz noted Bid, RFP and Sole Source policies were decided by Council. Commission supported the RFP process for the Roberts land sale in this area and Council decided on Sole Sourcing. She stated the RFP process was the fairest for the public. Anderson understood sole source might be acceptable because of the applicant's costs with surveying. Keil replied this is one reason to update the Municipal Land Management Plan updated and our policies for acquisitions and disposal of property should be clarified. City of Seward, Alaska May /5, 2007 Planning Commission Minutes Volume 6, Page 192 Clark reiterated Council tasked the Commission to update those policies. Anderson stated the issues with leased land versus purchased land. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. sales. Kerry Martin, inside City Limits, spoke in support of a study of the area prior to any land Brad Snowden, inside City Limits, spoke in support of his request. No one else requested to be heard and the public hearing was closed. Motion (SmithIHohl) Approve Resolution 2007-10 Smith spoke in support of the resolution but advocated for a review of the area. Chief Squires discussed staff concerns with City services in this area. Commission and staff discussed development concerns. Motion Passed Unanimous Unfinished Business - None New Business - None Informational Items and Reports (No action required) - None Commission Comments - Smith appreciated the Roberts being in attendance for the meeting. Clark stated Council would be taking a trip to SMIC and noted the Commission would be giving input to P ACAB on the SMIC Development Plan. Keil commented she would like to have a resolution in strong terms on next agenda requesting Council allocate funds for a bench study in order to look at properties across the bay. Citizens' Comments - None Commissions and Administration Response to Citizens' Comments - None City of Seward, Alaska May 15, 2007 Planning Commission Minutes Volume 6, Page 193 Adjournment Meeting adjourned at 7:22 pm. J\\'\.~ 1'5,-, a Q'-\ Ann Bailey 6 Executive Liaison (City Seal) ,,\\f,nIUItl, ...,-' ",:: ("I....., i" ..... I f.},' <';:"i'.'" " ~~ ~"" :...~'".t.{J~:.~f'.<-_.....,?~ ~~ 4lt;,.~ .' ''''"'f)''-'' "_c,.. ,,# ~ 'oj ..' Of'"O . ;~;,'..\O ' __ ....5:.. "~crQ ~ ~ ..~~ ,,~- ()~. ~~ :: ! C~;." ,". 'J; : :: : 0: ....I.., . t~.;,.;~ : (j :: .. \ : - ~ \. ..~ : ~ ~ ..."'''" fl-:"'~ ~ c;. , P.. . v.~.... '\<\ '\ .. . "'\ .. ;; ';.', ",'~ *..: t,t: 1 --... - ~'.... ,~ ,,~ "'i, ~......"..l.~,'" ! ;~.j~ ~... ;;" If ~ l"\ /- i>.1 \,/". 'Jt,'" ..~~~ y,~ '1.-\ :\~.. ..'....nti'... ,. ,..~~J ~~ Keil ! Ch If v' City of Seward, Alaska June 5, 2007 Planning Commission Minutes Volume 6, Page 194 Can to order The June 5, 2007 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Vice Chair Tom Smith. Opening Ceremony Commissioner Anderson led the Pledge of Allegiance to the flag. Roll Call There were present: Tom Smith presiding, and Margaret Anderson Bob Hicks Kevin Clark Sandie Roach' comprising a quorum of the Commission; and Donna Glenz, Planning Assistant Christy Terry, Executive Liaison Absent: Marianna Keil Lynn Hohl City Administration Report Planning Assistant reported on the following items- . Thanked Terry for her help as Parliamentarian. . Hired, Anne Bailey, as the Executive Liaison and she would start on June 18th. . The City Manager hired John Bird as Temporary Planner to work on special projects only. . City Council held an Executive Session tonight discussing site of L TCF. A report should be available soon. . The Senior Center Change Order was approved by Council. . The Community Development Department was working on one zoning complaint in Forest Acres area. . New City website at www.cityofseward.net was running. . An appeal hearing was scheduled for Tuesday the 12th at 6:30, a work session on SMIC Development Plan was scheduled for Tuesday the 19th from 6:30-7: 15 and at 7:30 a Special Meeting on Forest Acres former L TCF site would be held. In response to Roach', Glenz listed the special projects Bird will be working on. City of Seward, Alaska June 5, 2007 Planning Commission Minutes Volume 6, Page 195 In response to Clark, Glenz explained public hearing procedures and deadline requirements. In response to Anderson, Glenz stated the Council held an Executive Session regarding the L TCF site selection and that they were reviewing several sites. Clark stated that he was assuming they are looking at another location. Other Reports, Announcements and Presentations- KPB Planning Commission Report - Tom Smith Smith provided a lay down for Commissions review and discussed some items of interest. Anderson asked if Ordinance 2007-17 limited Senior Citizen property tax exemption. Commission discussed topic. Liaison from Seward Bear Creek Flood Service Area Board - Randy Stauffer Smith stated that they had a meeting this evening. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None Approval of Agenda and Consent Agenda - Motion (AndersonlRoach') Approve the Agenda and Consent Agenda Motion Passed Unanimous Consent Items Passed under the consent Agenda: January Regular Meeting Minutes New Business Items requiring a Public Hearing Resolution 2007-11, recommending City Council approval of amending the Land Use Plan and the rezoning of Lots 7-9, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD) Glenz reviewed agenda statement, resolution and zoning of surrounding lots. She explained the substitute ordinance. Staff recommended approving this resolution adding lots to the Ordinance for Council's approval. City of Seward, Alaska June 5, 2007 Planning Commission Minutes Volume 6, Page 196 Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Ron Morris, inside City Limits, asked what the differences were between AC and CBD. Glenz explained the differences between AC and CBD. No one else requested to be heard and the public hearing was closed. Motion (Hicks/Clark) Approve Resolution 2007-11 Anderson stated her displeasure with the rezone because one lot will be changed from AC to CBD. Glenz noted the land owner for the four lots not included in the rezone were not interested in rezoning their property, but supported the rezone. Roach' felt this was spot zoning, but it was possible because of the surrounding addition lots. Clark felt it would be spot zoning if the Commission had created the problem. Smith suggested looking at this the next time Commission revised the Land Use Plan. Roach' commented the same amenities required for CBD would be required. Motion (Hicks/Anderson) Amend Ordinance 2007-XX, 1st Whereas Clause, following 'museum' to add 'and to establish greater contiguity of CBD zoning on Block 8' Motion Passed Unanimous Consent In response to Roach' , Smith said what we are passing now is the substitute ordinance under this resolution. Main Motion Passed as Amended Unanimous Unfmished Business Resolution 2007-08 approving the Planning and Zoning Commission priorities for 2007 Anderson expressed her displeasure and thought Commission needed to review the Capital Improvement Plan annually and this should be included in the priorities. City of Seward, Alaska June 5, 2007 Planning Commission Minutes Volume 6, Page 197 Motion (Anderson/Clark) Approve Resolution 2007-08 Clark noted at the last meeting, Staff and Keil would meet to update the original resolution. Hicks stated at the last meeting Keil was asked to update the Resolution. In response to Hicks, Anderson agreed that staffing was the top priority but the other items were not realistic without the proper staffing. Smith stated the Commission could number the priorities and add that the Commission reviewed the CIP when directed by Council. Hicks asked ifthe Commission should tie the Municipal Land Management Plan update in to the Capitol Improvements Plan. Smith stated the Commission directed staff to develop Commission Rules of Procedures. Motion (HickslRoach') Amend Resolution 2007-08, list of priorities, to add numbering in sequence and amend priority number 2, following 'Update' to add 'in conjunction with the Capital Improvement Plan' Motion Passed Unanimous Consent Motion (AndersonlRoach') Amend Resolution 2007-08, stb Whereas Clause, reading 'the Planning Department have adequate staffing to accomplish the priorities listed below' Motion Passed Unanimous Consent Anderson reviewed the priority sequence. Motion (AndersonlHicks) Amend Resolution 2007-08, 7tb priority, following "CUP's" to include '(Adequate Staffing)' Motion Passed Unanimous Consent Main Motion Passed as Amended Unanimous New Business City of Seward, Alaska June 5, 2007 Planning Commission Minutes Volume 6, Page 198 Resolution 2007-12 recommending the City Council support and fund a study of potential development options for the "bench" area on the East side of Resurrection Bay. Glenz stated at the last meeting Commission requested a Resolution asking for support and funding of the Nash Road Bench Study. Glenz specified that monies were not specifically designated. Motion (Clark/Anderson) Approve Resolution 2007-12 Clark spoke in support of the Resolution. He continued that at the last Council Meeting he gave a Commission update upon Keil' s request. Motion Passed Unanimous Special meeting notice for June 19,2007, 7:30 pm Commission Comments- Roach' was perplexed that other L TCF sites were being considered and stated her frustration in having to hastily redo the process. Anderson stated that more time should be spent on the initial studies. She noted the property along the highway is useable and discussed the issue with people wanting to buy property that is normally leased. She concluded that Commission should be proactive about what is best for the City. Smith added when projects were rushed the Commission got pushed into making decisions without all the facts. Clark stated there was a meeting next Tuesday on a judiciary item. He concurred that he did not feel good about the L TCF and described what had been involved with locations and money. Citizens' Comments - None Commissions and Administration Response to Citizens' Comments - Anderson stated Dan Bockhorst was invited on June 14th to discuss Annexation and clarified she was doing this as a private citizen. Adjournment Meeting adjourned at 8:26 pm. City of Seward, Alaska June 5, 2007 Planning Commission Minutes Volume 6, Page 199 lhlfU ~o ~ ~aile~ . J ExecutIve LiaIson' \"u"u'" (City Seal) ,~~..~~~ \o.~'.~~!';/:;~::"" ~ ~,' ."'."-"~OM ." '.....;"--"', ~ .. (j ..;'00' '1"I~'... '" -:. ~ ,,~.J ~.. CIA = l':: -0- \ ': .. fl ... "r II ...- : a ~ SI~;j\'u i 0 :; ~ . . ~ ,.;11 - --0- . ft;cI "" . t;l co. ~ ... VI ...~... 't' ~ ~ tS',>:',,!"/~ 1 \~ ,.' ,L,'\ -: .~ oJ''' . _ , .. ,"" ~~' e..; ...., ,:r,-,.. ......... ~J '!tt~ '~': l: OF ~. \\...... ""UUll'" /,~~~:~~ ~.~... Chair City of Seward, Alaska June 19, 2007 Planning Commission Minutes Volume 6, Page 200 Call to order The June 19,2007 Special Meeting of the Seward Planning & Zoning Commission was called to order at 7 :30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Roach' led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Kevin Clark Bob Hicks Sandie Roach' comprising a quorum of the Commission; and Donna Glenz, Planning Assistant Anne Bailey, Executive Liaison Christy Terry, Engineering Executive Assistant Absent: Margaret Anderson Tom Smith City Administration Report Planning Assistant reported on the following items: . Introduced Anne Bailey as the new Executive Liaison. Thanked Terry. . City Manager, Mayor and one Council Member were in Washington DC with the Corps of Engineers. . Public meeting on Friday June 22, noon on L TCF site selection. . Senior Center was on track and the elevator was operational. . Library and Museum rezone was on the agenda for introduction on Monday the 25th Council Agenda. . Several zoning complaints were being worked on. Other Reports, Announcements and Presentations- KPB Planning Commission Report - Tom Smith was absent. Randy Stauffer, Seward Bear Creek Flood Service Area Board, noted that last night was the Flood Board Regular Meeting. Stauffer updated the Commission on the recent flooding events and City of Seward. Alaska June] 9, 2007 Planning Commission Minutes Volume 6, Page 201 progress with the Department of Natural Resources. In response to Keil, Stauffer stated the Board continued to work with DNR to waive the gravel charge for emergency flood mitigation purposes. Stauffer stressed plats should not be allowed in Flood Zones and Flood Ways. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - Michelle Schwartz, inside City Limits, noted the Hemlock right-of-way ran adjacent to her home. She spoke against the development of Hemlock. Approval of Agenda and Consent Agenda - Motion (ClarklHicks) Approve the Agenda and the Consent Agenda Motion Passed Unanimous Consent New Business Items requiring a Public Hearing Resolution 2007-13, recommending City Council approval of amending the Land Use Plan and the rezoning of thirty (30) lots in the North Forest Acres area previously selected as the Long Term Care site and also known as Tract A, from Institutional (INS) to Rural Residential (RR) and Resource Management (RM) Glenz, stated this are was no longer being considered for the L TCF and the owner was requesting a rezone back to original zoning. Community Development has received calls from two out of state property owners interested in where L TCF was going and supported the rezone. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (ClarklHicks) Approve Resolution 2007-13 Clark confirmed with Glenz that the land use map and the zoning had to be changed. Motion Passed V nanimous Unfinished Business - None New Business - None Informational Items and Reports (No action required) - Adopted 2007 meeting schedule and supporting agenda statements City of Seward, Alaska June 19, 2007 Planning Commission Minutes Volume 6, Page 202 Approved Resolution 2007-08, P&Z Priorities List Public announcement of the June 22, 2007 Long Term Care Facility update by the City Manager and the Public Hearing Notice of Resolution 2007-060 authorizing the City Manager to proceed with land acquisition for the future Long Term Care Facility site Commission Comments - Clark asked the Commission to think about designating a month for the annual Community Values Meeting. Keil suggested the meeting be in February and asked Staff to add to Commission schedule. Citizens' Comments - None Commissions and Administration Response to Citizens' Comments - None Adjournment Meeting adjourned at 8:00 pm. 1 n Arnie Bailey Executive Liaison (City Seal) ",unrr,,., .."" ~ t'\- 'I, ~.. 0'" oi.;t:t~:>~" ,"" ~-4. ........ 1,;)'> ..; $ r-1- "'o~\?OR.it';:~..a ...~ ~ '-J ..~() ,~.. ~ -. .. ~.....- o. .. - .~ . ~ ... AI.. .....'" .. : S~. :""... =e: .I.~.." ::: pi . ~ -- ~ \ ~... <pt.. :: ",i. ".th. ....~:~. ,''t ~ ~ t)>':;.\;.lf.."'E 1, ~~.., .':~. ,,,," ...~ f!,: ...."...... " ',,~.... ...... ...., h:- ( .~ 1'\ >r" "," 'l'-"'i. ~.of--. ' l}..>.~ ".," (,"'" -41 J, . \* ""un""\ /~ ~ C;~ . . ~ I /1~1f M~anna Keil . Chair City of Seward, Alaska August 7, 2007 Planning Commission Minutes Volume 6, Page 203 Call to order The August 7, 2007 Regular Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Clark led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Kevin Clark Bob Hicks Sandie Roach' Margaret Anderson Tom Smith comprising a quorum of the Commission; and Donna Glenz, Planning Assistant Anne Bailey, Executive Liaison Absent: City Administration Report Planning Assistant reported on the following items: . Steven's and Murkowski's mobile office would be in Seward at the Post Office tomorrow from 9 a.m. to 6 p.m. to answer public questions and concerns. . Representative Seaton's office would be at the LIO office tomorrow from 2 p.m. to 6 p.m. . The appeal for the Board of Adjustments scheduled for August 16, 2007 had been withdrawn by Mr. Pruitt. . Council Work Session on the Generator Replacement and City and Electric Shop Relocations had been rescheduled to August 13th before the Council Meeting. . City Budget Work Session was scheduled for September 10, 2007 and Kris Erchinger would present the budget to the Commission on September 4,2007. . The Wildlife Conservation Community Program, which sponsored the Bear Safe Community Program, invited the Commission and public to celebrate the Bear Safe Community on August 14, 2007 from 5:30- 6:30 at Legend's before the P & Z special meeting at 7:00 p.m. . The Wildlife Conservation Program would begin their bear resistant garbage can sale City of Seward, Alaska August 7, 2007 Planning Commission Minutes Volume 6, Page 204 tomorrow at Active Alaskan Physical Therapy from 5-8. In response to Keil, Glenz stated that she had been working with Matt Gray and she could provide the Commission with his contact information. . Council approved Resolution 2007-075 on July 23,2007; which accepted the Oak Street extension as the official main access point to the Long Term Care Facility property . . On the August 13, 2007 Council Agenda there were two resolutions for public hearing regarding a request from a group of local moms wanting to build a park for children 0-12 years of age. These resolutions would appropriate funds of$5,000 and select a site for the playground. . Commissioner Hicks volunteered his time and his knowledge to help rewrite the City Code. He would start with Title 15 and continue with the remainder of the Code. Both Administration and Staff thanked him for his offer and looked forward to working with him this winter. . Applications for City Council positions were available at the Clerk's office and must be turned in by August 15,2007 at 5 p.m. . No applications had been picked up for the vacant seat in the P & Z Commission. In response to Keil, Glenz stated that the Playground Resolutions had been pulled from the Council agenda at the request of having a public hearing and would be brought forward to Council on August 13,2007. Keil asked about the liability for citizens to build things in the City. She wondered what the difference was between building these playgrounds and other things. She stated that she thought building the playgrounds was a great idea but the issue ofliability always arose. Keil requested staff address this issue. Roach' asked for clarification on the bear garbage can size and how it would affect the garbage pick up rates. Glenz responded that the garbage pick up service would not change and Alaska Waste Management retrofitted there trucks to accommodate the bear safe cans inside and outside city limits. Other Reports, Announcements and Presentations- KPB Planning Commission Report - Tom Smith. Smith responded that they had one meeting since his last written report and the next meeting will be held August 13, 2007. City Code Report- Bob Hicks City of Seward, Alaska August 7, 2007 Planning Commission Minutes Volume 6, Page 205 Hicks noted that at the last work session the Commission decided that he and the Chair would meet with the City Manager to discuss Hicks redrafting Title 15. He stated that he had met with the City Manager who was enthusiastic and asked Hicks to help with other parts of the Code. Hicks stated that he would help with other portions of the Code after Title 15 was completed. Hicks discussed meeting with Jean Lewis and the Code information she had compiled and his meeting with the City Staff. He referred to the diagramic analysis spreadsheet he created and stated that his next phase would be interviewing Glenz, the current Commissioners, retired P & Z Commissioners and others. He commented that he would like to have a draft to and a work session with the Commission by mid-September. He requested that the Commissioners think of issues they had with the Code and clarified that he would not make any policy changes unless they were directed from somebody else. Clark suggested that Hicks may consider interviewing some ofthe general contractors and developers. Keil thanked Hicks for putting his effort into this since it had been something they wanted to accomplish for awhile. Hicks stated that he felt that this was something he could do and the City really needed it. Liaison from Seward Bear Creek Flood Service Area Board- None Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None Approval of Agenda and Consent Agenda - Motion (Hicks/Smith) Approve the Agenda and the Consent Agenda Motion Passed Unanimous Consent The following items were approved under the Consent Agenda: March 20, 2007 Special Meeting Minutes; AprilS, 2007 Regular Meeting Minutes; May 3, 2007 Regular Meeting Minutes; May 15, 2007 Special Meeting Minutes; June 5, 2007 Regular Meeting Minutes and June 19, 2007 Special Meeting Minutes Unfmished Business Items requiring a Public Hearing- None New Business Items requiring a Public Hearing Resolution 2007-14 granting a Conditional Use Permit to Spring Creek Correctional Center (SCCC) to construct and operate an additional20-bed minimum security housing unit on the current SCCC maximum security prison site, within the Institutional Zoning District Glenz gave an overview of the prisons history. She stated that the prison now required a Conditional Use Permit for any additions or changes to the Correctional facility. She explained that City of Seward, Alaska August 7, 2007 Planning Commission Minutes Volume 6, Page 206 the facility was zoned institutional and where the proposed building would be located, Glenz stated that in Resolution 2007-14 staff noted that all of the findings required by the Seward City Code had been met and supported the approval of the Conditional Use Permit. Glenz mentioned that that staff had received one public letter, which was presented as a lay doWll, requesting that the Commission address two questions. Glenz answered the first question stating that the 20-bed minimum security housing unit was a permanent structure because temporary structures were not permitted inside city limits for more than a limited number of days. She said that the second question would be addressed by the Spring Creek Correctional Center Administrative Manager Jolund Luther. Glenz stated that staff recommended approval of Resolution 2007-14 granting a Conditional Use Permit to the Spring Creek Correctional Facility. In response to Clark, Glenz stated that this was a minimum security housing unit for prisoners not guards. Roach' referred to page four and six of the packet. She stated that she did not understand Section F 1 where it said "Modifications to the site plan dated June 7, 2007 which was approved by the Commission as a supporting document." She stated that she could not find anything that the Commission did on June 7, 2007. Glenz responded that the plan was dated June 7, 2007 because the Commission had requested that this statement be placed into every Conditional Use Permit. She continued that the site plan in the packet on page 11 was dated June 7, 2007, so, ifthere was a modification dated June 7, 2007 the Spring Creek Correctional Center would have to come back before the Commission. She reiterated that these statements were requested by Commission to be on every Conditional Use Permit. In response to Hicks, Glenz said the lease was handled by the Harbor. In response to Keil, Glenz confirmed that there was not a prior Conditional Use Permit because it was not controlled at the time. Keil commented that she requested the flood maps be brought over for the Commissions review. The Commission suspended the rules to allow Jolund Luther to speak. In response to Keil, Spring Creek Correctional Administrative Manager Jolund Luther responded that there had been flooding in the past in the main area of the housing units. He referred to the map and stated that work had been done on the storm drains and they did not have flooding problems anymore. He noted that the flooding was due to snow, icing and rain but was not due to rivers. He continued that this proposed minimum facility was located higher than the other buildings and he did not expect any flooding. In response to Keil, Luther said that the plan was to add a 20 prisoner housing unit. He stressed that this was not for guards but was strictly for prisoners classified as minimum custody. He stated that these prisoners work outside of the facilities fence, the current living conditions for these City of Seward, Alaska August 7, 2007 Planning Commission Minutes Volume 6, Page 207 inmates were small and cramped and the new commissioner asked if the facility could create a 20- bed unit to accommodate these prisoners. In further response to Keil, Luther answered that he had a copy of Senate Bill 65, which was the current expansion for the Department of Corrections. He continued that in the plan it referred to the Spring Creek Facility in Seward doing a 144 man expansion but he could not expand on this issue. He clarified that the 20-bed minimum housing unit would not be the only expansion. In response to Smith, Luther stated that the minimum security housing unit would be fenced in even though it was not required by the custody level of prisoners that would be placed there. Commission discussed various levels of incarceration and how this would be handled. Luther responded to the Commissions questions. He stated that this was not an additional facility but was for the minimum security prisoners already housed in the prison. Luther discussed the types of surveillance and security that would be utilized in the new housing facility. Roach' expanded on the security part and stated that one concern of the guards were the clothing the prisoners wore, which led them to concerns in regard to the Mud Bog. She asked Luther if there was anything that could be done to distinguish between the prisoners and the general population. Luther stated that he would talk with the appropriate staff at the facility about this and he explained why the prisoners were allowed to wear jeans and coveralls. Roach' suggested that the prisoners wear reflective vests or something standardized to distinguish them from the general public. Keil stated that she attended the Mud Bog Race and the attendees were not focused on the prison but were intent on the race. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Luther told the Commission that the Spring Creek Correctional Center had worked on this new facility for many years to facilitate how they do business, manage their prisoners and prepare them for leaving the institution. He stated that this 20-bed housing unit would be an additional method to provide a transitional period for the prisoners. He noted that these types of prisoners learned that if they do something good they get something good in return and it would provide a means for prisoners to help with the upkeep of the facility. He stated that the facility was more than happy to address the Commissions concerns and the Commission would hopefully act in favor of the resolution. No one else requested to be heard and the public hearing was closed. Motion (Hicks/Clark) Approve Resolution 2007-14 City of Seward, Alaska August 7, 2007 Planning Commission Minutes Volume 6, Page 208 Smith commented that the way the Resolution was portrayed was misleading. He stated that he was under the impression that this was a minimum security prison for minimum security people and now that it was explained he understood that it was a taking into consideration the level of security inside the prison. The Commission discussed the fencing requirement. Glenz referred to the packet and application and stated that there was a blow-up of the fencing section and it was a part of what the Commission would be approving. The Commission suspended the rules to allow Jolund Luther to speak. In response to Roach', Luther stated that originally there were three building location alternatives and Alt # 1 was the location the City and the facility decided to place the building. Motion Passed Unanimous Unfinished Business - None New Business - Approve Planning and Zoning Commission suggested changes and comments to the SMIC Development Plan and forwarding the plan back to P ACAB Glenz stated that the Commission held a work session on June 19,2007 to review and make recommendations to P ACAB regarding the Seward Marine Industrial Center Development Plan. She continued that P & Z had suggested one change to the plan and noted support for the examination of set backs and temporary structures in the SMIC area and asked that Port & Security aspects be considered. She stated that staff recommended the Commission approve by motion that the SMIC Development plan be forwarded back to P ACAB with these comments or others as the Commission deem necessary. Motion (Clark/Smith) Move to forward the Seward Marine Industrial Center Development Plan back to the Port and Commerce Advisory Board with the incorporated Planning and Zoning Commission comments Keil stated that she believed these changes were discussed at the work session and asked if anyone wanted to add anything else. She believed that these were good suggestions and hoped P ACAB would accept them. Clark requested that the Executive Liaison relay to P ACAB that he thought they did a good job consolidating the plan and making it a good document. City of Seward, Alaska August 7, 2007 Planning Commission Minutes Volume 6, Page 209 Motion Passed Unanimous Select a Work Session Topic for August 21, 2007 Keil stated that she would be gone from August 8-23, 2007 and would not be able to attend the special meeting or the work session. She asked if the Commission had a topic they would like to discuss at the August 21, 2007 Work Session or if it should be cancelled. Anderson stated that she thought the Commission should cancel the work session. Hicks commented that he would interview one or two of the Commissioners about Title 15 in place of the work session. In response to Keil, Glenz stated that if Hicks met with one Commissioner at a time a notice would not have to be posted. Hicks confirmed what his role would be in the interviewing process. Glenz stated that once Commissioner Hicks was ready to present his findings a work session would be publicly announced. Keil clarified Hicks' roles and that the Commissioners would not make any decisions while being interviewed. By general consensus the August 21, 2007 work session was cancelled. Informational Items and Reports (No action required) - Notice of Public Hearing for the August 14,2007 Special Meeting Approved Resolution 2007-08, P & Z Priorities List Commission Comments - Anderson stated that she wanted to give them a report on the meeting with Mr. Bockhurst but was not prepared. She thanked Hicks for his generosity in helping with Title 15. Roach' thanked Hicks for his service and thanked the audience for coming. Smith requested that the Commissioners review the Code before their interview with Hicks, so, they were not wasting Hicks' time. Hicks stated that he was looking forward to working on the Code and that once the project began it should be completed in a timely manner. City of Seward, Alaska August 7, 2007 Planning Commission Minutes Volume 6, Page 210 Clark thanked Hicks for his efforts and thanked Luther for attending. He noted that for years the Commission had wanted to accomplish things over at the prison and now it is happening quickly. He suggested that signs be placed along the road saying please do not pick up hitch hikers. Keil thanked staff for their hard work. Citizens' Comments - Luther thanked the Commission for passing the Resolution and that he would like to show that the community and the prison can work on getting expansions. In response to Clark, Luther explained that housing for guards was an issue because it had an effect on guards transferring out or leaving. He explained that reasons this was an issue was due to the lack of year longjobs for spouses and the lack of affordable housing. He stated that was why the prison looked into guard housing and the prison was not planning on building guard housing. Commissions and Administration Response to Citizens' Comments - None Adjournment Meeting adjourned at 8:39 p.m. J'f\,n ( ~aLQ J3cuO~~ =cu~~~iiaison "''''~ .",_"", (City Seal) ~!"~4 OF Sf:. !1::;~;;~~ "w. t,. oa-"".."C'6, - ~^'; '1/;"'- ~ r"i> ........poRA....~ I~~ ..~ :: 'oJ,"rp'r' 1(,...... ,;:.. ~ ..~"'!* ~ QCilo i~. - : ~ ~ ~ '" . ""'''r'~ !~~ ' ,.. ~ A: ~.~ .,-~ ~:!". : Q :: ;r-!ll V: ~.,j~......iJ,t~--:;' : _ ~ . . . .... .......- G ca ...- -. .. - ~ .n', ~ ,,<Y,' <,.,. ~ ~ 'r;.....:!,V,i:" 1 '\~ ,",.J..~ ~ c...6 ,~ _..'" , .. .."" "" ....... ""', -1~ ........., ~.;;;, ~~... -',,#-t: OF p..\.. ,....... II"IIU""'\ ~ ' ! . ......._. i 1~ M -~K~ Chair City of Seward Alaska Planning Commission Minutes September 4 2007 Volume 6, Page 211 Call to order The September 4, 2007 Regulaz Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Smith led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Tom Smith Sandie Roach' Mazgaret Anderson Kevin Clark Bob Hicks comprising a quorum of the Commission; and Donna Glenz, Planning Assistant Tom Shepard, Project Manager Anne Bailey, Executive Liaison City Administration Report Planning Assistant reported on the following items: • A Coal Task Force Meeting would be held on September 5, 2007 at 1:00 p.m. • A Budget Task Force Meeting would be held on September 6, 2007 at 11:30 a.m. • A City Council Budget Work Session would be held on September 10, 2007 before the Council Meeting at 6:00 p.m. • The Kenai Borough Planning Commission would be meeting at the Ray Building on September 10, 2007. The Platting Commission would begin at 6:30 p.m. and the Planning Commission at 7:30 p.m. • A librarylmuseum steering committee meeting would on September 13, 2407 at 11:30 a.m. • Monday, September 17, 2007 was Meet the Candidates Night in the Council Chambers and would be televised. • An Economic Forum would be held September 19, 2007 from 6:00-8:00 p.m. at the Seward High School. Glenz explained the objective of the forum and stated that the Commissioners were welcome to attend. • On Monday, September 24, 2007 before the Council Meeting a Council Work ~- Session would be held to discuss the Nash Road Bench Area, including the SMIC City of Seward, Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 212 area. • Glenz reminded the Commissioners that the October Planning and Zoning Meeting would be held on Thursday, October 4, 2007 rather than Tuesday due to elections. P & Z Commission (Legislative division) Budget Presentation- Kris Erchinger Finance Director Kris Erchinger passed out an additional lay down explaining that this was a breakdown of the items included in the legislative division. Erchinger stated that the Legislative Division was where the costs of the Boards and Commissions were accounted and she continued to explain what was included and allocated. Erchinger stated that in regards to Planning and Zoning; this year's budget was similar to last years and she explained the 2008 proposed budget and how it broke down for staff time. She stated that the reason this was brought before the Commission was to make sure that items were not overlooked and would allow the Commission to provide their input. She further explained the Planning and Zoning line items individually and stressed that there was money available and allocated for training and education. She encouraged the Commissioners to consider training opportunities they would like to attend and to consider bringing people to Seward to train the Boards and Commissions. Erchinger further discussed the budget, mentioned the Community Development Department staffing issues and asked if anyone had any questions. In response to Hicks, Erchinger stated the Planning and Zoning attorney fees were allocated in the Legal Department and within that department items were broken down into the issues and amount spent. In response to Roach', Erchinger stated that funds for enforcement are in the Community Development budget under contracted services and the difficulty was how to deal with compliance issues without a compliance officer. She explained how they have dealt with this in the past and the issue of limited resources. Erchinger stated that the money available was primarily intended for maintaining the GIS and additional monies had not been added for code enforcement. City Manager Phillip Oates interjected that code enforcement begins with having the right code and that the current code had many inconsistencies. He expressed that the City was fortunate to have a Planning and Zoning Commissioner help straighten out the code and make it more enforceable. He continued that the challenge was finding individuals to find the violations and to have a good code to make people comply without going to a legal extent. Smith stated that the biggest problem with enforcement was the process the City took to enforce the issue and that it would be more effective if it was a civil penalty. Smith asked if there was money in the budget for a planner. Erchinger explained how the salary money was distributed amongst the Community Development employees. She stated that one of Council's priorities was staffing the Community Development Department. In response to Keil, Erchinger stated that the variance in the 2007 and 2008 in personal salaries was due to an allocation issue and included the temporary planner hours and could get more City of Seward, Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 213 information to the Commission at a later date. Anderson commented on code enforcement and that the City had made progress in some areas and but should focus on something that was enforceable. Keil concurred with Anderson. Anderson stated that it was important to have a full time planner here all the time and that the issues needed to be addressed on an on-going basis. She continued that she was interested in continuity and progress. Erchinger stated that this problem had gone on for years and hopefully would be addressed soon. Keil stated that the Commission had a meeting with the flood boazd and that the Commission would like to stress bed load removal as a budget item. Erchinger replied that the City needed to identify a specific source of revenue that would pay for bed loading. Anderson commented that the Community Development Budget was not big enough and that the issue of personnel should be addressed. Commission discussed house addressing issues. Anderson expressed that she was pleased with the Bear Safe issue and the town's appearance. Keil stated that same issues may be contentious but the Commission should not be afraid to go after the tough issues. In response to Ciazk, Erchinger stated that the Clerk's off ce was good at collecting taxes from renters and enforcing business license codes. Other Reports, Announcements & Presentations- KPB Planning Commission Report -Tom Smith Smith passed out a lay down for the Commission to review and stated that the next Borough Planning Meeting would be in Seward on September 10, 2007 in the Ray Building. He discussed the topics that affected the Sewazd area. Citizens' Comments on Any Subject ezcept Those Items Scheduled For Public Hearing-None Lynn Hohl, inside City Limits, stated that she did not understand why the Flood Service Area Board was not doing their intended purpose because they had the power to take over some of City of Seward, Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 214 these issues. She continued that the citizens in City Limits were paying the majority of the funds but the City was hampered and could not use the funds for City projects. She stated that this was ,,, something that should be worked on. Hohl commented on the numbers on houses and explained a situation where numbers would have been helpful. She stated that the PISA would be happy to work with the Fire Department on this issue. Oates agreed with the Commission for the need of a full time planner and a larger budget. He continued to discuss the war and that the Planning staff was short staffed because one of the members had been sent to war and that should be recognized. Approval of Agenda and Consent Agenda - Motion (Anderson/Smith) Approve the Agenda and the Consent Agenda Motion Passed Unanimous Consent The following items were approved under the Consent Agenda: August 7, 2007 Regular Meeting Minutes Unfinished Business Items requiring a Public Hearing- None New Business Items requiring a Public Hearing Resolution 2007-15 recommending Kenai Peninsula Borough approval of the preliminary plat of Tracts A-1, B, C, & D, Seward Long Term Care Facility Subdivision, vacation of a portion of 10' utility easement, a subdivision of Tract A & the remaining portion of U.S.S.1864 (plat #2004-3) Glenz introduced Project Manager Tom Shepard who had worked directly with the Borough on this replat. She stated that Shepard and Oates would address the overview of Resolution 2007-15. Project Manager Tom Shepard stated that he was blessed with a third.opportunity to come before them with the Long Term Care Facility project. He gave the Commission a brief history of what has transpired over the last year. He highlighted the October 2006 Flood, the Japanese Creek Levee situation and bed loading. Shepard stated that City Council through Resolution 2007-60 decided to relocate the Long Term Care Facility Site and enter into a purchase agreement with the Griswolds. He explained that this property had not experienced any historic flooding, it was not in a mapped flood area, not considered a flood hazard area, was close to evacuation centers, had good soil and the utilities were adjacent or close by. He explained the access route to the facility and stated that City Council through Resolution 2007-75 adopted the Oak Street and the Oak Street extension as the primary access point into the facility. He described the specifics of the plat and stated that they worked closely with the Kenai Borough and that this plat was similar to the Middle School plat ~ completed in 2004. Shepard stated that Staff recommended that the plat be approved. Ciry of Seward Alaska Planning Commission Minutes September 4, 2007 Volume 6 Page 215 ~,,,.. In response to Keil, Shepard stated that the utilities along Hemlock were not addressed at this time because the utilities to serve the plat would be utilized elsewhere. He continued that as Tracts C and D were developed the utility issue would need to be addressed. Roach' discussed the proposed findings of facts for the Kenai Peninsula Borough exceptions. In response to Roach's questions, Shepard stated that the cul-de-sac would be used for public and emergency access and explained the Borough Code exceptions. In response to Smith, Shepazd referred to the zoning maps and stated that the issue of zaning would be clarified in the next resolution. Kell commented that it was nice that the surrounding trail was maintained. Oates stated that the project was specifically designed to avoid the trail. Roach' wondered if the Oak Street Extension was used as a public road and its purpose. Oates addressed the other possibilities of development. In response to Roach', Oates statedthat a cul-de-sac at the end of the Oak Street right of way ~,~„ would complicate development. He stated that part of the challenge was not knowing how the property owners wanted to develop Tracts B and C. Shepard discussed the Gateway subdivision and the Comprehensive plan. Oates referred to Commissioner Smith's comment stating that they saw value in keeping the Institutional zoning together and discussed the linkage of educating children and taking care of those growing old at the same time. Kell clarified that when the Griswolds decided to develop their property the access of Hemlock Street be considered. Kell stated that there was a lot of potential housing in the undeveloped areas and access needed to be looked at. Oates agreed and said that this had been looked into. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Peggy Ventura, inside City Limits, expressed her concern of developing the Hemlock right of way and asked what was going to stop changing the zoning of the surrounding area. She stated that maybe she purchased property on the worst street in the world. She hoped the Commission ,,,~~ would consider how the development would affect the neighborhood and that she believed the area would remain residential. She asked the Commission to consider those who lived there. City of Seward, Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 216 Lynn Hohl, inside City Limits, stated she appreciated the administration comments and wanted to discuss the issue of access. She stated she would like to seethe subdivision development occur without impacting the schools. She voiced her disappointment that a corner of the school site was used for the Long Term Facility access. She appreciated the explanation on how future development maybe and stated that they would need a cul-de-sac at the end of Oak Street. She stated that an exception may be required because the Borough does require a 50' cul-de-sac and she quoted coded 20.20.090 explaining what would be required. Motion (Hicks/Anderson) Approve Resolution 2007-15 Roach' stated that she still wanted to clean up the language with the Kenai Peninsula Borough exceptions and asked why this was not referred to in the Resolution. Shepard stated that this pointed out the Borough exceptions and not City of Seward exceptions and this was for the Commissions information. Roach' discussed her concerns with a cul-de-sac ending on the property. Keil interjected that the Long Term Care Facility was a publicly owned facility. Roach' stated she thought the cul-de-sac was important. She stated that she was strongly against the proposed cul-de-sac and thought it should be outside the property. Smith stated that the Kenai Peninsula Borough would go along with what they suggested as long as they followed the codes. Hicks liked the idea of having the cul-de-sac on the property until he heard about the possibility of having kids come in there at two in the morning but he liked the idea of integrating the cul-de-sac into the community. Roach' asked if the Commission be agreeable to have the cul-de-sac and an alternative way for the public to turn around. Keil stated that she did not see how this could be incorporated into this. Clark stated that kids may hang out in the cul-de-sac but they would be visible. Roach' stated that she used the idea of the kids as an image. She agreed that the cul-de-sae was a good idea but she would like an alternative route. Shepard explained that having a cul-de-sac in Tracts B and C would change the dynamic of how the undeveloped property would be used and he wanted the Commission to consider the long term plan of the property. Ciry of Seward, Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 2I7 Anderson said that she liked the way Oak Street was angled and future development would determine how the road would be developed. She stated that this was not a problem with her. Smith agreed with Commissioner Anderson and stated that for future development they should leave all the options available. Clark stated that he would be comfortable accessing the Long Term Caze Facility. Roach' stated that she would like to clean up the requested Kenai Peninsula Borough exceptions and stated that she thought there should be two sentences. Kell commented that the azea north of Hemlock was currently a quiet area and that the Long Term Care Facility would have less impact than future development. She hoped other access points including Hemlock would be investigated. Motion Passed Unanimous Resolution 2007-16 recommending City Council approval of amending the Land Use Plan and rezoning of Tract D, of the U.S.S. 1864, Seward Long Term Care Facility Subdivision (Preliminary Plat) and rezoning the north portion of Tract A-1, U.S.5.1864, KPB Replat from Single Family (Rl) to Institutional (INS) Commission recessed from 8:54 p.m. to 9:00 p.m. Glenn explained Resolution 2007-16. She referred to the current zoning map and showed what Tracts were being considered. She stated that Tract D was currently zoned Single Family Residential and what was proposed was to have Tract D and the area of the Middle School be included in the Institutional Zoning District. Glenn referred to the Land Use Map and stated that the only azea that would change would be the azea for the Long Term Care Facility. She stated that the property owners of the adjacent area and all of the property owners in the Forest Acres road system were notified of this intended rezone. Glenn stated that the Community Development Office received one phone call from a property owner in the lower 48 and they supported the Long Term Care Facility and the rezone. She stated that staffrecommended that Resolution 2007-15 be approved. In response to Anderson, Glenn explained the difference between single family residential and rural residential. She stated that the land use map recommended that the area discussed become rural residential. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (Anderson/Smith) Approve Resolution 2007-16 Motion Passed Unanimous City of Seward, Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 21 g Unfinished Business -None New Business - Select Work Session Topic for September 18, 2007 Keil stated that she would like an update on the Bench Area which was an item on the Commission's priority list. Smith requested that the Commission also include an update on Title 15 from Mr. Hicks. By general consensus, the Bench Area Update and Progress on Title 15 were placed on the Work Session agenda. Informational Items and Reports (No action required) -None Commission Comments - Roach's thanked the Commissioner's for their patience when she was asking questions. Smith stated that he hoped this was the last time they were presented with the Long Term. Care Facility location. Clark echoed the sentiments on the Hemlock issue and he would be interested in developing Hemlock and encouraged Council to bring that issue up. He stated that it was nice seeing the City Manager in the audience, thanked Glenz for her hard work and would like to know when Malcolm Brown was due back. Keil thanked Glenz and said that the Commission could not get their work done when everything got pushed aside due to City projects. Citizens' Comments - Oates stated that the Planning Department and the assistance to the Planning and Zoning Commission had been under resourced and was something that needed to be fixed. He continued that they wanted to limit the access azound the school summer schedule for construction. He asked Commissioner Hicks to give him a call to discuss Title 15 and he would like to address the Bench Area personally if the Commission would be active participants with suggestions and questions. He thanked the Commissioners for their service. Shepard thanked the Commission for their journey on the Long Term Care Facility and he reminded them that on October 16, 2007 staff would present the Conditional Use Permit. Commissions and Administration Response to Citizens' Comments - City of Seward, Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 219 In response to Clark, Oates stated that the City was unsure when Malcolm Brown would return but the City hoped that he would be back at the beginning of the New Yeaz. Adjournment Meeting adjourned at 9:15 p.m. Ann Bailey Executive Liaison (City Seal) Mari a Keil Chair ®~Ogii/IDI-~l ~~! ®O~ SEI~/ ,~~is s V~ ~ ~ P T~ •• arr o ~ ~ ~ ® r r ~ . qw~ i o Y ® • i~d • ~ er • • 4 • j rr' i h ~~' ~D~D of ` ~~~°A~~ City of Seward Alaska Planning Commission Minutes October 4, 2007 Volume 6, Page 220 Call to order The October 4, 2007 Regular Meeting of the Seward Planning & Zoning Commission was called to order at 7:30p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Roach' led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Tom Smith Sandie Roach' Margaret Anderson Kevin Clark comprising a quorum of the Commission; and Donna Glenz, Planning Assistant Anne Bailey, Executive Liaison Absent: Bob Hicks City Administration Report Planning Assistant reported on the following items: • Announced the election results. The mayor results were Corbridge 332 and Shafer 204 and the City Council results were Valdatta 379; Smith 297; Keller 258; Schafer 230 and French 216. • Congratulated Commissioner Smith on his election to Council and thanked him for his years of service on the Planning and Zoning Commission. • The State Department of Corrections continued to move forward with their proposed 140 bed minimum security expansion at Spring Creek Correctional Center and more information would be presented to the Commission as the project progressed. • On October 12, 2007, Tom Shepard, City Project Manager, would leave the City and hopefully the position would be filled soon. • Hired Kathy Mize as the temporary executive liaison to replace Bailey. Mize would start next week to train and Bailey's last day would be October 17, 2007 for maternity leave. • Health Fair was October 13, 2007. • Applications for the Planning and Zoning Commission had not been picked up and the Commission would have to vacant seats. ..W City of Seward, Alaska Planning Commission Minutes October 4, 2007 Volume 6, Page 221 In response to Roach', Glenn confirmed that Tom Shepard was moving out of town. In response to Clark, Glenn stated that she had not heard when Malcolm Brown would return but as faz as she knew it would be the end of November. In response to Keil, Glenn stated that she had received two zoning complaints that she was working on. She explained that one complaint was with Glacier Taxi and the other was with Leif Olsen's Towing Company. Keil stated that she was not the one that complained. In response to Roach', Glenn stated that she did not know if Leif Olsen purchased property and would be moving his vehicles outside of town. Clark confirmed that Leif Olsen had purchased property but the intentions of the property were unknown. Glenn further explained that the cabs were a licensed business outside the city limits but not inside the city limits except for the driving portion. She continued that they did not have a site location for the cabs inside city limits. Roach' asked about the bees and stated that she had a couple of kids stung the other day. Other Reports, Announcements & Presentations- KPB Planning Commission Report -Tom Smith Smith stated that there was nothing on the agenda that affected Seward. He stated that there were some long meetings due to appeals and violations and explained what had happened. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing -None Approval of Agenda and Consent Agenda - Motion (Smith/Clark) Approve the Agenda and the Consent Agenda Motion Passed Unanimous Consent The following items were approved under the Consent Agenda: September 4, 2007 Regular Meeting Minutes Unfinished Business Items requiring a Public Hearing- None City of Seward, Alaska Planning Commission Minutes October 4, 2007 Volume 6, Page 222 New Business Items requiring a Public Hearing- None Unfinished Business -None New Business - Resolution 2007-17 granting a six (6) month extension to Conditional Use Permit No.2007-03, issued to Tom & Lori Swann for the development of an 11-room hotel at 504 Adams Street Glenn explained Resolution 2007-17. She continued to explain that City Code states that the Conditional Use Permit would lapse after six months of issue if a building permit had not been procured or use had not been initiated and that the Commission was allowed to grant a six month extension if nothing had changed. Glenn stated that the applicants plan for the hotel had not changed; they were completing the construction plans for the hotel and planned to apply for a building permit in the Spring of 2008. She stated that staff recommended the Commission approve Resolution 2007- 17. In response to Keil, Glenn stated that the applicant would have to apply. for the building permit before April and if the applicant was not ready they could apply to the Commission for a second extension. Motion (Smith/Anderson) Approve Resolution 2007-17 Motion Passed Unanimous Informational Items and Reports (1Vo action required) - Special meeting notice for October 16, 2007, 6:30 p.m. In response to Keil, Glenn stated that there were three public hearing items that night. She explained that there was the Conditional Use Permit for the Long Term Care Facility, a Floodplain Variance application for a hanger at the airport and a request for a zoning change to allow townhouses in the central business district. Keil asked if this was the same hanger that was supposed to be built before. Glenn replied that this was the same piece of property but was a different hanger, lease holder and would be built at a different elevation. Commission Comments - Smith stated that he would have to resign and asked if he needed to attend the October 16, 2007 meeting to guarantee a quorum. Keil replied that he should be there and suggested he resign on October 17, 2007. City of Seward Alaska Planning Commission Minutes October 4, 2007 Volume 6 Page 223 Smith said that he had enjoyed his time on the Planning and Zoning Commission and that ;,,,. they had always had a good and diverse group. He stated that did not always agree but when a decision had been made the Commissioners accepted it and he had always appreciated that. Smith stated that Glenn had been there the seven years he had been on the Commission and that about half the time Glenn's division had been short-handed or without a director. He recognized and thanked Glenn for her hard work, time and effort. Roach' agreed with Smith about Glenn and stated that she has been a great resource. She stated that she would miss having Srnith on the Commission. Keil thanked Smith and stated that she believed he would be a nice addition to the Council. She believed that Council would have a diverse point of view and that the City would have a bright future. She thanked Glenn and stated that her work was appreciated. Glenn replied that it meant a lot to be appreciated and that she felt the work she did helped allow the Commission make their decisions. Keil wished Bailey a good maternity leave. Citizens' Comments -None Commissions and Administration Response to Citizens' Comments -None Adjournment Meeting adjourned at 8:49 p.m. Ann Bailey M 'anna Keil Executive Liaison Chair (City Seal) ~~~y~a+~lyd~IJI' ra ~ a i ~`~ • P +w ~"~ ®~ • ~ ® : • s~ es ~ w M ~ • 4 ff • ~. ~ ~i •,~r • ...s.... ~~- .~ City of ScwarQ. Alaska Planning ('nmmi..cian ,b/inWes ncmher !h, Znn~ t'olunrc 6. Page 224 Call to order 1"hc Octubcr 16, 21107 Special Meeting of the Seward Plamung & 7.oning Commission was called to order at (i:33 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Anderson led the Pledge of Allegiance to the llag. Roll Call There were present: Marianna Kcil presiding, and Tum Smith Sandie Roach' A4argan.t .Anderson Kevin Clark Boh Hicks comprising a quortun of the Commission: attd Donna Glen. Ylamtins Assistant Arnie Bailey, f-secutive Liaison Kathy Mize, Temporary Executive Liaison .... Cily Administration Report Planning Assistant reported on the lulluwing itcnts: • Introduced Kathy Mize wfio will cover for Anne Bailey for lour months until Fehtvnry. Thanked Dailey and gave Mice's contact intonuation. • E;niun.etnent Issue: Still working with Clerk's office on the Glacier'I'axi business license issue and derelict vehicles parked on the properly on Phoenix Road. • City received nolicc shat Ote. 21107 community rating system recertification application had lx;cn received and accepted and was good for another year. • State of Alaska DOC propuseJ 140 bed expansion was moving forward with SCCC. • Shtrdy was continuing to move forward with the Parks and Recreation Master Plan. • Onc P & L application had been received from Sue McCltrre and will go before: Council for their review and approval on October 22, 2007. • Clerk askul sta1F to pass out Kenai Peninsula borough Planning Commission vacancy nolicc. General Fund Budget Presentation and Discussion with City ManaKer Phillip Oates and N'inancc Director Kris F,rchinger City o(Srwurr~ Alaxkn Plamcinq Commission Minutes October 16.:00? Volume 6. /'n e 225 City Manager Phillip Uates presented an overview of the general fund budget and prefaced ~.,.~ the timeline had been changed to go before; City Cuuncil. He wanted to make sure council had time to absorb the budget. He rutted it was to be available onlir>L next wu;k. His plan was to present the budget and put it out before the public to allow them to have a voice. Uates cuncluded many major issues were addressed without eliminating or reducing current services and the Council nrxds the input of the citizens. He believed it was important to present this to P & 7. and appreciated their comments. [n response to Keil, Oates clarified that the total salr~ tax would be 9% in the summer and 5% in the winter. Kcil staled that she worked for anon-profit that could he effected by the proposed public safety fee and stated that a lul ol'the non-profits respond to City crisis' but do not hi II the City for their services. Keil asked if the City would then start paying for non-profits' services? Oates stated that this was a fair comment and'1'he City may tired a way to olT'set the tax if a non-profit provides a service for the City. In respunse to Attderson. Oates stated further review was needed to address new slip assignnnnt fc~e~s 1'or transient vessels. `, In response in Clark, Uates respuudal by agreeing Community Development is one of the most under resourced departments and that was sontcUtirtg that needs to be addressed. Keil stated that the commissioners need to discuss their concerns this with the Council members. Other Reports, Announcements & Presentations -None. Citizens' Comments nn Any Subject escept Those Items Scheduled For Public IIearing - John French, Inside City Limits, suggested the Administration discuss the budget al public vuwcs in place of private entities. Oates respondc~i Utat the budget work sessions October 29-30 and November I -2 include time for public comment. French asked that these public comment periods be advertised properly. Frertch alsu asked if the seasonal sales tax would be a 6 month split Uates responded that it will be a six month split. Approval of Agenda and Consent Agenda - City of k~rvnrd. Alnska IVmminR C'onrmission ,Nlnutes (~c7nhei Ih, 200, 1'ulume G, Pu,Ke 226 Motion (Anderson/hicks) Approve the Agenda and the Consent f Agenda J Motion Passed Unanimous Consent The following items were approved under the Cunsent Agenda: October 4. 2UU7 Regular Mccting Minutes Unfinished Business items requiring a Public Hearing -None Ncw Business Items requiring a Public Iiearing- Resolution 2007--8 granting Grrg Thrall a variance from Seward City Code Chapter 15.25 Tloodplain Management to construct an aircraft hanger on Lot R, Block 200 Seward Airport. Glenz stated that i.ease [.ot R was in the I~ I~:MA mapped tlcxrd zone and that wnslructiuu Irad to meet specific requirements, specifically the base flood elevation ul' 2U tcet. '['hc applicant has petitioned the Commission to allow him a variance to build at 17.4. Staff recommends the approval of Resolution 2007-18. In response: to Keil, Glenz stated that the Commission had granted a flood plain variance un this lot ro another party for a different aircraft hanger at a different base fluexl plain elevation which ,,.,,J had not hee constructed. Af(er discussion on Provision 15.25.U6U(b), Hicks stated drat he will make a motion to amend the Resolution. Notice of public hearing being posted and published as required by law wa.4 noted and the public hearing was opened. Russ Barnard, outside city limits, spoke in lcvor of Resolution 2UU7-18 and stated that CGMA had not based the Ruud plain levels un any bench mark. Mr. Barnard staled he planned to build a hanger out there as well and sine. Wcrc leas not barn any flood prohlems there in the past logic stales Uu variance should be awarded. Russell Gillespie, inside city limits, spoke in support of Resolution 2U0~-18 anJ Mr.1'hrall's hanger building endeavors because he too would like to build a hangu. Mr. Gillespie stated that there was a lot of money put into Ure airpuri and maintenance raid that it is bard to see planes frozen to the ground due to limited hanger space. No one else requested to be heard and the public hearing was closed. Motion (Hicks/Roach') Approve Resolution 2007-18 City o~Seward, Alnsila P/arming Cummicaan hlimures October 16. 1007 vpfume 6, Page 227 Hicks slated that he does not see anytlung wrung with this and favors granting flu. exception „~, but sees provisions that need to be changed. Motion (Aicks/Smild) Amend Resolution 2007-1ft; Add to Section 2(2) the word "exceptional" hcforc the word °hardship° in the first line. Motion Passed Unanimous Consent Motion (Hicks/Clark) Amend Resolution 2007-1 fl; Add to Section 2 a new subsection 5 stating: "S. `t`he applicant has established good and sufficient cause for this Commission to find pursuant to K'C 15.IS.U6U(b)(5) that the granting of a variance will nut result in increased flood heights, additional Threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict existing laws.° kluliun t'assed Motion (Hicks/Smith) Unanimous Amend Resolufion 2007-1 R; Add to Section 2 a new suhsectwn 6 Slating: "fi. Because the proposed variance has low damage potential and otherwise conforms to ell variance criteria in tiC.C 15.25.Ub0(a) & (h), the Comm~esion finds this application to be one of those "very limited circumstances" described at SCC t5.25.t1511(hx1} which would otherwise require that l.ot R, Block 2(1(I, Seward Airport, br "contiguous to and surrounded by lots with existingstructures below the base flood level." lti nspunsr to Anderson, (ilen~ stated that all construction within a CT.NSty mapped flood gone required a floudplain permit and if construction was to be tx:luw the Base Plcmd Elevation a tloodplain variance was rcquirvd. fiiclcs stated that every applicant would be required to make the same request. liieks slaleci that these amendments are necessary because the C.ummission really needs to find exceptional circumstances curry lime a variance from a flood plain Standard is granted. ~.. Anderson pointed out that the area has not been flooded since the I I64 earthquake. Cqv njSewurr~ :I/wku Plarrninq Commissiow Mlnutns October !6, 1007 Vnlvme h, Puge 228 Motion Passed Unanimous J Keil stated that the current number S will he moved to number 7. In response to Roach', Cilerl~ stated the applicant had contitwcd working against a stop work order. Roach' asked that the applicant look at Qtis whole process and see that it was not really that painful. Main Motion Passed as aroendcd. lnanimous Commission recevsed frnm 7:46 p.m. to 7:55 p.m. Resolution 2007-19 recommending the Cily Council Amend Tahlc 15.10.225. Land Uses Allowed to allow Townhouses by Conditional Usc Permit in the Central business District (CBD) c ilenz referred to Resolution 2007- 19. A work session was hclJ un Scptcmlx;r 4, 2(1117 to discuss townhouse development in the downtown Central Business llistrict. She noted City code had strict development guidelines fur townhouse development as presented in the agenda smtement. Community Development had rcccivcd commuruty input and had pmvided it to the Commission as a lay down. Stalhrwummcnds approval of 20(17-19. In response to Anderson, Cilem stated the resolution recommended Council amend the zoning code to allow townhouses in the CIID by Conditional Use Permit. In tesponse to Clazk, Gletrz slated she did nut rcyucst the Commission add a definition spec:ilictdly to townhouses as tuwnlwuscs were similar in nahire to condos, apartments, and multi- family dwellings artd [hc Seward City Code provided a complete section of guidelines to allow townhouse dcvcloptnau. Discussion was held in regard to parking and lot coverage reyuirrrrtents lu which (ilcnz stated each applicant must meet all development reyuiremenls for tuwnltuuscs artd all dcvclopntcut requirements Cor the CBD. She staled the stricter portion of the code always applies. She also clarilicd townhouses were to be allowed only by Condition Use Permi[. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside city limns, brought allcntion to Mark Kansteiner's letter provided as a laydown. She agrocs with Kansuincr's analysis and opposes this ordinance change. CiJV r{/Seu•nrd. Alaska Plam»~ig C'onimissiun hrinvtec October fG, 20t>3 Ynfume 6. t'aKe 229 John French, inside city limits, requested tltc Commission address parking in the CUl' process and nW grant variances. No one else requested to he heard and the public hearing was closed. Motion (Smith/Clark) Approve Resolution 2007-19 More disctLSSion was held on language, iol coverage, parking turd the impact nn the L SU. Hicks rcwgnired the dawmown business owners were nol present to show opposition to the. requested change. Motion Passed Ycs: Anderson, Clark, Hicks, Keil, Smith No: Roach' Vacant: Onc Res~~lurice-3N0'~20grwrtin~fl-Ebnditien ity+~f~+ewenEte-E'enstfaei-wnd Manage~ha+-8peretian of the-6eeg~rm Care-Faei6y'-ue-'Erect D,~eward-bung'Ferm~wre Fxeility ~+~-F~&fi~1R(4~{lrreliaeeary (~: )Pulled from the agenda by Administration) Unfinished business -None New Business - Review~em i 'ne (4}+~ee®six~e Holiday fan Hotel-by~enditionel tJwt~7terwit-3A02-01 )Pulled from agenda by Administration) Reschedule the November 8, 2007 regular meeting to November 20, 2007 Cilen2 stated that the fu5t meeting in November wa:: xheduled Thussday,lVovemher R, 20(17. She noted stall'and Commissioner Hicks were scheduled to br out of town. No public hearings had been received. Stall"recommends the regulazly scheduled maaing be rescheduled to November 20, 200?. Anderson stated she was unable to attend on Novtmher 20, 2007. Motion (Clark/Flicks) Reschedule the November 8, 2(1117 P & Z meeting to November 2Q 2007 at 7:30pm. Motion Passed Ycs: Anderson, Clark, Hicks, Keil, Roach' No: Smith Vacant: Onc Ifs Informaliooal Items -None City efSeward Alaska Planning Commission Minerva (xtohvr 16, 1W7 lblume 6. Page 23U Commission Comments - Anderson congratulated Srttith and Prated they will miss him. I licks congratulated Smith, stated he enjoyed working with him, and asked him to remember the Planning and Zoning Commission. koach' Ulanked SmiUl and asked the Commissiuncrs to look over the budget and offer ideas to the City Manager. Smith stated he will remember and miss the Commission. He stated he appreciated the fact they are a diverse group but once a decision was made they all backed the decision. C,lenz asked for clarilic:ation on the November 20 meeting time and wort: session topic. Keil stated that the regular meeting should be scheduled Coe 7:30 and also hold the work session at (i:30 to discuss "title l5. Kcil wished Bailey enod luck and welcomed Mize. Citizens' Comments -None Commiscians aad Administrxtioa Response to Citizens' Comrrrents - Noae Adjournment Meeting adjourned at 8:22 p.m.. Kathy Mtu: M¢natuia Ke~f , Temporary Executive Liaison Chair ~clty heal) ,.ggectr.d. Imo' tee- ~; ' O~ ~~ ~ G Cily a~Sewrvd, Alavka Flmtpirr,K Cummir.cmn ,t4iqurp_c Ncrvember 2U. 20t)J I'nlume 6. !'age :_ 3 L Call to order The Uovemtx;r 20, ?007 Re-Scheduled Regular Meeting of tf~c Sewanl Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner McClure led the Pledge of Allcgianu: to the flag. Roll Call There wen; pnsunl: Marianna Kcil presiding, and Sue McClure Sandie Roach' Bob Hicks Kevin Clark comprising a yuotvm of the Commission: and llonna (dent, Planning Assistant Cluisty'I'crry,'Iemporary Executive Liaison `, Absent was: Margaret Anderson -Excused City Administration Repnrt Planning Assistant, Uonna Glenz updated the Commission of the following business items: • Welcomed Sue McClure to the Commission. • Temporary Executive Liaison Kathy Mite; had tenured her resignation and had accepted a permanent position at the Alaska Scal,ifc Centcs. • Executive Liaiwn Anne Bailey had a baby gvl on November 1". • ICarbor Master interviews were to begin soon. • The Alaska Railroad was to wiload two wal trains per wecl: un Wednesday and Saturday through the winter. • '1'hc City Clerk askul Glent to report that the postings and updates on the Clerk's City Web page wen; to be corrected soon. • No new applications had been received for the Commission vacancy. • Thoughts and wishes from t:ity Administration to the Lindsey family on llalo's health ISSUCS. • Happy Thanksgiving to all the Commissioners. City ojSewmd, Alarko Planning Commissiar ;~lirrutec NovemberZO.:(Hl7 Vulumr(. Puee 232 l1t response to Roach', Glenz noted Planner Malwlnt Brown wus still nn active duty and planned to return to Seward the first part of 20()8. She clarified there was no official date set for „~ his retu~- Keil noted that four of the taxi cabs, involved in the zoning complaint n;purtcd at the last Planning Cuumiission Meeting, had been removed. Other Reports, Announcements & Presentations - Nooe. Citizens' Comments on Any Subject a:cepl 'Chose Items tichedoled For Public Hearing - None. Approval of Agenda and Consent Agenda - Motion (McC7ure/C7ark) Approve the Agenda and the Consent Agenda Motion (Hicks/Clark) Place the October 16, 2UU7 Regular Meeting Minutes nn the Consent Agenda Motion Passed Unanimous Consent Main Motion Passed Unanimous Consent .rF The following items were approved under the Consent Agenda: October 16, 2007 Regular Meeting Minutes Special items Election of Vice-Chair Keil opened the fluor for Chair nominations. Motion (Hicks/Roach') M:Iect Commissioner Kevin Clark as Vice- Chair Seeing no further nominations, nominations were closed. Reyuesl Cur Unanimous Consent Motion Passed Unanimous Consent Unfinished Business Items requiring a Public Hearing - Nune C'irv aJ Sc~~ard. Alaska PlarrrrinR Commission A9inures November 20. 2001 Valvme h, Pugr 233 New Business Items requiring a public hearing - Nuae Unfinished Business - Nune New Business - RcsoluNon 2007-21 recommending Kenai I eninsula BorouKh approval of the preliminary plat for Gots 37, 38, 39 and 40, Block 23, Seward original Townsite AVTEC Replat Glefi< rovicwed the details of Resolution 2(1117 21. She noted the need for the inferior hrf line vacation wa~, discovered during the building plan review process. Glcnc stwkc iu suplx?rt of the resolution. In response to Flicks, Glenn stated de<;ks and the exterior accesses were replaced, also there was an extensive interior remodel completed. hicks cited SCC § 15.10315 (1) 'Nonconforming structures' and questioned why a building pcnnit had tx~cn issued before the lot line vacation was approved by the Planning and Zoning Commission. Hicks stated the work completed seemed to exceed the 50 percent of replacement costs outlined in the section. Hicks noted this invalidated ilic Cbnunissiowc authority and placed the Commission into a position ul' 'rublxr stamping' the decision or Y.. angering the applicant because of the costs already incurred. Glenn noted that vacation of interior lot lines was normally a consent agenda item. She further staled the current policy was for administration to work with applicants as much as possible to allow constniction during the short construction season. Hicks stressed that vacating these interior lot lines was an important policy decision that should have been examined by the Planning and Zoning Commission before the applicant wac allowed to begin construction. In response to Roach', Glenn noted that then: was a reduction in the number of rooms. Motion (Clark/Fficks) Approve Resolution 2007-21 Clark noted AVTEC was mm~ing the risk of the Planning and Zoning Commission nut approving this replat. Keil approved ul' Administration working to accommodate applicants and encourage Jevelupmcnl. She notuf these repairs improved the health and safety conditions for the AV"fEC students. ~- City oJSeward. AJaskn PJarmirrR Commission Minures Nwembcr 20, 1007 Volume 6, Puge 2 3 9 IIicks noted there was nu evaluation of how resulxlividing these lots in the middle of town would alli:cl Seward. He cited 5C'C § 15.10.315 (f) allowing only ordinary repairs for nuncunl'urrning stnictuns. ...r Roach' supported Hicks caution. She requested information vn where !ire hydrants were located nn large developments such as this. Glens noted Fire Chief Dave Syuin;s approved the building permit and also the replat Roach' requested staff review sheets he included in the packet. Glenn noted the information regarding adequate fine protecaion was includ~xi tv illustrate why a subdivision agreement was not required. Motion Passed Unanimous lntormalional hems -None Commission C'nmmenta - Rvach' thanked I licks for his hard work on Title 15 and wished everyone a happy holiday. McClure echoed Roach' comments. Keil welcomed Mc['lure and noted she would not be at the necemher 4'h meeting. She reminded the Commission that the Long Term Care Facility Conditional [Jse Permit was on the agenda for that date. Glenn asked for clarification regarding the Commissioner's opinion on Administration approving building permits on nonconforming struclurrs. Hicks stag if Use repairs wen. going to be substtuttial they should not be allowed under SCC § 15.10.315 (f). Glenn and Hicks discussed interpretation of SCC § 15.10.315 (f). IIicks stated this section of the Seward Code should be changed if Council wanted to allow a ditlcnnt policy Uicn whet was uullinul in the Ccxic. Keil noted the Commission had always tried to bring nonconforming buildings into conformity rather then mandating their deterioration. Glenn noted the policy had also been to encourage interior lot line vacations. Hicks statul Cude rcyuircd tut line veuttiuns to come before the Conuttission because ul' ,,.~ the land use implications. He noted the vacation discussed tonight illustrated an example that Ciry nj.Seu~nrd. Alcukn Plnnning 1. bmmisslorr ,44inutes A•bvember 20, .00? Volaare G. Puxe Z 3: had additional implications that the Commission should have beco allowed to consider prior to the wnslruction bring approved. 'Ihe Commission debated the merits of this section of the Seward CiN Code. Hicks and Keil advocated updating the code to reflect the current policy. 13,y general consensus, the Commission JirrcleJ AJminislration to continue appnrving huilJing permits fur nonconforming structures unJrr the current procedures. Citizens' Comments - Ivonr Commissions and Administration Response to Citizens' Comments - Nonc Adjournment Meclit}g ar]juurncd al 8:29 p.cn. ti risty T Substitute )executive Liai .~~ "''o, (City Sgafj ~- ~~ ti''.',. ' ~.e ~ . ~4~ V ~.~' ~. ir~ ~',al ., - ~ 'anna Kei! C air +r