HomeMy WebLinkAbout06052007 Planning & Zoning PacketSeward Planning ~ Zoning Commission
Regular M~
~~
Marianna Kei!
Chair
Term Expires 02/10
Tom Smith
Vice-Chair
Term Expires 02/10
Margaret Anderson
Commissioner
Term Expires 02/09
Kevin Clark
Commissioner
Term Expires 02/09
Lynn Hohl
Commissioner
Term Expires 02/08
Sandie Roach'
Commissioner
Term Expires 02/10
Bob Hicks
Commissioner
Term Expires 02/08
Phillip Oates
City Manager
Vacant
Planner
Donna Glenz
Planning Assistant
Vacant
Executive Liaison
1. Call to Order
2. Opening Ceremony
A. Pledge of Allegiance
3. Roll Call
4. Special Reports & Presentations
A. City Administration Report
1. Reported Violations, Interpretation and Abatement
B. Other Reports, Announcements & Presentations
1. KPB Planning Commission Report -Tom Smith
2. Liaison from Seward Bear Creek Flood Service
Area Boazd
5, Citizens' Comments on any subject except those items
scheduled for public hearing. [Those who have signed in
will be given the first opportunity to spear Time is limited
to 2 minutes per speaker and 30 minutes total time for this
agenda item)
6. Approval of Agenda and Consent Agenda. (Approval of
Consent Agenda passes all routine items indicated by
asterisk (*). Consent Agenda items are not considered
separately unless a Commissioner so requests. In the event
of such a request, the item is returned to the Regular
Agenda.J
Planning & Zoning Commission Regular Meeting Agenda
June S, 2007 Page 1
7. Public Hearings [Limit comments to S minutes. Those who have signed in will be given
the first opportunity to speak)
A. Unfinished Business Items requiring a Public Hearing -None
B. New Business Items requiring a Public Hearing
1. 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) .....................................................................................Page 3
8. Unfinished Business
A. Resolution 2007-08 approving the Planning and Zoning Commission priorities for
2007 ............................................................................................................... Page 17
* B. January Regular Meeting Minutes ................................................................ Page 20
9. New Business
A. Resolution 2007-12 recommending Council support and fund an upper Nash Road
Bench Study .................................................................................................. Page 31
B. Special meeting notice for June 19, 2007, 7:30 pm ......................................Page 43
10. Informational Items and Reports (No action required) -None
11. Commission Comments
12. Citizens' Comments [Limit to S minutes per individual -Each individual has one
opportunity to speak]
13. Commissions and Administration Response to Citizens' Comments
14. Adjournment
Planning & Zoning Commission Regular Meeting Agenda
June S, 2007 Page 2
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2007-11
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, 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)
WHEREAS, the owners of Lots 7 8c 8, and the owner of Lot 9, Block 8, Original Townsite
of Sewazd have applied to amend the Land Use Map and change the zoning from Auto Commercial
to Central Business Distict; and
WHEREAS, the current zoning designation of the property is Auto Commercial (AC) and
the current Land Use Plan designation is Office Residential (OR); and
WHEREAS, the applicants of Lots 7-9, Block 8, OTS submitted an application requesting
to be included with the rezone application of Lots 1-6, Block 8 OTS, from Auto Commercial (AC) to
Central Business District (CBD); and
WHEREAS, the Planning and Zoning Commission held a public hearing on May 15, 2007
and approved Resolution 2007-09 recommending Council approve a rezone of Lots 1-6, Block 8,
OTS from Auto Commercial (AC) to Central Business District; and
WHEREAS, the Central Business District (CBD) was established to provide areas of
convenient, concentrated commercial development primarily intended for retail, financial,
entertainment and professional services, to encourage a compact group of businesses that encourage
walk-in trade; and
WHEREAS, the public notification process was complied with and the appropriate public
hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on June 5,
2007.
NOW, THEREFORE, BE IT RESOLVED by the Sewazd Planning and Zoning
Commission that:
Sewazd Planning and Zoning
Resolution 2007-11
Page 2
Section 1. The Commission finds that the rezone request meets the criteria of the Land Use
Code for consideration of a rezone and requests staff include Lots 7-9, Block 8 Original Townsite of
Sewazd in Ordinance 2007-xx to be forwarded to City Council for approval.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Sewazd Planning and Zoning Commission this 5th day
of June, 2007.
THE CITY OF SEWARD, ALASKA
Marianna Keil, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
Sponsored by: Planning and Zonin¢ Commission
Introduction Date:
Public Hearing Date:
Enactment Date:
CITY OF SEWARD, ALASKA
ORDINANCE 2007-XX
(Substitute Ordinance)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND
THE REZONING OF LOTS ~ (1-9), BLOCK 8, ORIGINAL
TOWNSITE OF SEWARD, FROM AUTO COMIYIERCIAL (AC)
TO CENTRAL BUSINESS DISTRICT' (CBD)
WHEREAS, in 2006 the City purchased six lots on the northwest side of Sixth
Avenue, Lots 1-6, Block 8, Original Townsite of Seward (OTS) in preparation for the
development a community library /museum; and
WHEREAS, the applicant submitted an application requesting Lots 1-6, Block 8,
OTS be rezoned from Auto Commercial (AC) to Central Business District (CBD); and
WHEREAS, the owners of the adjoining properties, Lots 7-9, Block 8, OTS,
applied to be included is the rezone request; .and
WHEREAS, the current zoning designation of the properties is Auto Commercial
(AC) and the Land Use Plan designation is Office Residential (OR); and
WHEREAS, the official maps described in SCC 15.01.030 will have to be
amended from Office Residential (OR) to Central Business District (CBD) in response to
this zoning change; and
WHEREAS, adjoining lots to the west are currently zoned Central Business
District (CBD) and two of the lots to the south of the subject land on Sixth Avenue are
also zoned Central Business District; and
WHEREAS, the adjoining lot to the South on Sixth Avenue, the lots to the East
across Sixth Avenue, and the lots to the I~Iorth across Adams are zoned Auto Commercial
(AC); and
WHEREAS, changing the zoning to Central Business is generally consistent with
land use goals in both the Comprehensive and Strategic Plans; and
City of Seward
Ordinance No. 2007-xx
Page 2
WHEREAS, at their May 15, 2007 and June 5, 2007 meetings, the Planning and
Zoning Commission reviewed the applications, held public hearings and recommended
City Council approval of the proposed zoning amendment included in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA that:
Section 1. The official Land Use Map of the City is hereby amended by changing
the land use designation of Lots ~-H, (1-9) Block 8, Original Townsite of .Seward from
Auto Commercial (AC) to Central Business District (CBD). (see attached map)
Section 2. The official Zoning Map of the City is hereby amended by changing
the zoning designation of the Lots ~, (1-9) Block 8, Original Townsite of Seward from
Auto Commercial (AC) to Central Business (CB). (see attached map)
Section 4. This ordinance shall take effect thirty (30) days following enactment.
ENACTED BY THE CITY COUNCII. OF THE CITY OF SEWARD, ALASKA,
THIS DAY OF 2007.
THE CITY OF SEWARD, ALASKA
Vanta Shafer, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
P&Z Agenda Statement
Meeting Date: June 5, 2007 ,
Through: Phillip Oates, City Manager
From: Donna G1enz, Planning Assistant
Agenda Item: Amending the Land Use Plan and rezoning
of Lots 7-9, Block 8, Original Townsite of Seward,
from Auto Commercial. (AC) to Central Business
District (CBD)
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the Seward City Council
is Resolution 2007-11 recommending City Council approval of the attached Substitute
Amended Ordinance 2007-XX, amending the Land Use Plan and Rezone of Lots 7-9,
Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business
District (CBD) (see attached maps).
At the May 3, 2007 Planning and Zoning meeting the Commission approved Resolution
2007-09 recommending the City Council approve Ordinance 2007-XX, amending the
Land Use Plan from Office Residential to Central Business District (CBD) and the
Rezoning of Lots 1-6, Block 8, Original Townsite of Seward from Auto Commercial
(AC) to Central Business District (CBD).
During the public hearing process for Resolution 2007-09 the property owners of Lots 7-
9, located to the south of Lots 1-6, requested to be included in the rezone application.
Since the request was not received in time to meet the public hearing process and be
included with Lots 1-6 at the May meeting, the original applicants, the Commission and
the new applicants of Lots 7-9 requested the application be brought before the
Commission at the June meeting, to be included in the rezone request to Council.
These three (3) lots are currently zoned Auto Commercial (AC). The lots to the West are
zoned Central Business District (CBD). Lots 1-6, to North, are currently zoned Auto
Commercial (AC); however these lots have requested to be rezoned to Central Business
District (CBD). The lots to the South are zoned Central Business District (CBD) and
Auto Commercial (AC) the Lots to the West are zoned Auto Commercial (AC).
The current use on Lots 7-9, Block 8, OTS are two single family homes one is currently
used as a Bed and Breakfast.
The current uses on the lots to the West consist of the current Seward City Library, an
apartment building and a single family home. The uses to the South are an established
lodge and commercial use buildings. The uses to the East aze an established Bed and
Breakfast business and a single family home. Lots 1-6 to the North are the lots that have
been selected for the new community library /museum project.
Each of the three (3) lots being considered for rezone is approximately 30 feet by 100
feet, each at approximately 3,000 square feet. The total land azea of the requested rezone
is approximately 9,000 squaze feet. The land area meets the minimum size required for a
rezone request, as per SCC 1 S. 01.035, Amendments, (b) (3) "Except for an ordinance
altering the boundaries of existing, contiguous zoning districts or an ordinance which
brings a parcel into conformance with the land use plan, no ordinance altering zoning
within the city shall be considered if the area encompassed by the proposed ordinance
contains less than one acre, not including street or alley right-of-ways. " The area
requested in this zoning change is contiguous to the Central Business Zoning District by
the lots directly to the West and is to be included with Lots 1-6 to the North.
In order for the lots to be rezoned, the underlying Land Use Plan will also have to be
amended. The Land Use Plan adopted with the 2020 Seward Comprehensive Plan
recommends this area become zoned Oi~ice Residential (OR).
SGC 15.05.025. Land use districts-Established, definitions
a) Established The city is hereby divided into land use districts which shall be
bounded and defined as shown on the official land use map. This o, f,~icial map, together
with all explanatory matter thereon, as exhibited at the time of public hearing, is hereby
adopted by reference and declared to be a part of this chapter.
The current zoning of the area requested for rezone is Auto Commercial (AC) defined in
SCC 15.05.025 (b)(8) as Intended to provide areas to accommodate highway oriented
commercial activities such as o„~`ices, certain institutional uses, and limited. personal
services and retail uses requiring substantial outdoor activity, traffic and parking, and
which also serve the off ces and nearby residential areas, and which do not materially
detract from nearby residential areas.
The requested zoning change of the area for rezone is Central Business District (CBD)
defined in SCC 15.05.025 (b)(9) Provides for an area of convenient, attractive,
concentrated commercial development primarity intended for retail, financial,
entertainment and professional services occurring within enclosed structures.
Regulations applying to this zone are designed to encourage a compact group of
businesses of the type, which are mutually beneficial and located close enough together
to encourage walk-in trade. No off-street parking or setbacks are required in the CBD.
The Land Use Map, as adopted by the 2020 Comprehensive Plan, designates the area
requested for rezone as Office Residential (OR) defined in SCC 15.05.025 (b)(6). as
Intended to provide for medium density residential, commercial and o,~ce development
designed to act as a transition zone between the high density central business district and
surrounding medium-high density residential districts.
8
CONSISTENCY CHECKLIST
1. Comprehensive Plan (2020)
YES NO N/A
X
2. Land Use Plan (2006) X
While this Plan does not support the rezoning, the Land Use Plan can be amended
based on new findings. Staff finds that the rezone request meets the criteria of the
Land Use Code for consideration of a rezone.
3. Strategic Plan (1999)
X
Recognizing that the primary concern of all zoning actions is to promote public health,
safety and general welfaze (SCC 15.01.010), Community Development recommends this
rezone for several reasons:
1. The addition of the three (3) lots adjoining to the South of the original request
will infill the area helping to complete a contiguous Central Business District
and allow for the maximum use of the property currently planned for the
community library/museum.
2. Changing the zoning to Central Business is generally consistent with land use
goals in both the Comprehensive and Strategic Plans.
No objections or concerns were expressed from City staff.
As required by the City Code, neighboring property owners within 300 feet of the area
subject to review were notified of the proposed rezone and amendment to the Land Use
Plan. A public Planning and Zoning Work Session was held on April 17, 2007 where
several members of the public voice support for the rezone and the community
library/museum project. Staff has received no objections to the rezone at the time of
this review.
RECOMMENDATION:
Commission approve Resolution 2007-12, recommending City Council approval of the
attached Substitute Ordinance 2007-XX, amending the Land Use Plan from Office
Residential to Central Business District (CBD) and the Rezoning of Lots 7-9, Block 8,
Original Townsite of Sewazd from Auto Commercial (AC) to Central Business District
(CBD).
Adams Street
Je~ue
P
Lots 7-9, Block 8
Original Townsite of Seward N
Sheet No.
0 50 100 Feet 1 inch a uals 100.181421 feet <Double-Click to
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Sutherland/Dimasrlslio Rezone
Auto Commercial to Central Business District
cn.ck.d by: DGlenz
Da°'0 P 8~ Z meeting June 5, 2007
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Rezone of Lots 7-9, Block 8, OTS
Land Use Map
CITY OF SEWARD
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ENGINEERING
FAX No. 901 224 4085
LAND .USE PLAN AMENDME(NT - REZONING
' ~ Petitioner: 1-LQ. V~, t~lr ~n t`C-~.t,iL J I ~s J~
P~ UVl
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Address: ~.~- S- S. ~`~-~~
Phone No; ~~~ - J`~b ~5
Legal Description: ~ ~~ Lr~-' 7-+f-~ 13~ ~ d- 1..~ ~1
Physical Location: Z'~-S` Sryc~ ~4Ve= .
Land Use Ptan: Present: Proposed: -
Zoning District: Present: Proposed:
Intended use andlor reason for rezoning: R e 'LO +n 2
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A map is 're to accompany this applicationi Proof of ownership for parcellsf
must be available if Borough tax roles do riot indicate applicant's name.
The APPLICAT1Qh[ and MAP (indiCating~the specific area) must be submitted together,
with a FEE of $250.00 (payable to the City of Seward) to the Community
Development Office.
Signatures of 51 °r6 of property owners involved in the rezoned area. .
SIGNATURE AdDRESS (leasli
8:1ZQNING\RE20NE.APP 01101
~,a~.s5 ~~ ~-L. ,~,
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13
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s~~~e~
May 7, 2007
City of Seward Planning 8i Zoning Commission
Rezone of Lots 1-6, Block 8, Original Townsite
CITY OF SEWARD
i
' SAY - 8 2007
s
PLANNING OFFICE
This email is to let you know that we are in favor of the rezone of the above
property. If it is possible we would also agree to the rezoning of our Lots 7 and 8,
which are adjacent to the above property. A number of years ago the property
owners of the lots on the west side of Sixth between Adams and
Railway requested this same change in the zoning, from Auto Commercial to
Central Business. The change was not made at that time, so we are requesting
that it be considered again.
Thanks,
DowAl.d ~. SuthBrl,Awd
MAYilt~w~}. SutMerl.awd
l~
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2007-09
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING
CITY COUNCIL APPROVAL OF AMENDING THE LAND USE PLAN AND
THE REZONING OF LOTS 1-6, BLOCK S, ORIGINAL TOWNSITE OF
SEWARD, FROM AUTO COMMERCIAL (AC) TO CENTRAL BUSINESS
DISTRICT (CBD)
WHEREAS, in 2006 the City purchased six lots on the northwest side of Sixth Avenue, Lots
1-6, Block 8, Original Townsite of Sewazd (OTS) in preparation for the development a community
library and museum; and
WHEREAS, the current zoning designation of the property is Auto Commercial (AC) and
the Land Use Plan designation is Office Residential (OR); and
WHEREAS, the applicant submitted an application requesting Lots 1-6, Block $, OTS be
rezoned from Auto Commercial (AC) to Central Business District (CBD); and
WHEREAS, adjoining lots to the west are currently zoned Central Business District (CBD)
and two of the lots to the south of the subject land on Sixth Avenue aze also zoned Central Business
District; and
WHEREAS, the adjoining lots to the South on Sixth Avenue, the lots to the East across
Sixth Avenue, and the lots to the North across Adams are zoned Auto Commercial (AC); and
WHEREAS, the Central Business District (CBD) was established to provide azeas of
convenient, concentrated commercial development primarily intended for retail, financial,
entertainment and professional services, to encourage a compact group of businesses that encourage
walk-in trade; and
WHEREAS, the public notification process was complied with and the appropriate public
hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on May 15,
2007.
~~
Sewazd Planning and Zoning
Resolution 2007-09
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Sewazd Planning and Zoning
Commission that:
Section 1. The Commission finds that the rezone request meets the criteria of the Land Use
Code for consideration of a rezone and recommends that Ordinance 2007-xx be forwarded to City
Council for approval.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15~' day
of May, 2007.
THE CITY OF SEWARD, ALASKA
Marianna Keil, Chair
AYES: Hohl, Clazk, Roach', Hicks, Anderson, Smith, Keil
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
~~
Sponsored by: Planning and Zoning Commission
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2007-08 (Substitute)
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION RECOMMENDING THE PLANNING COMMISSION
PRIORITIES FOR 2007
WHEREAS, the Seward City Council Rules of Procedure, adopted March 14, 1994, state
that the Council should meet in an annual joint work session with the Commission every March
to address azeas of mutual concern; and.
WHEREAS, the Commission and Council held a joint work session, updated and
reviewed the Planning and Zoning 2006 Priorities List on March 27, 2007; and
WHEREAS, at the May 3, 2007 meeting the Planning and Zoning Commission
requested the Priorities List be reviewed and presented in priority order; and
WHEREAS, at the June 5, 2007 meeting the Planning and Zoning Commission reviewed
and approved the updated and revised List of Priorities for 2007.
NOW, THEREFORE, BE IT RESOLVED by the Sewazd Planning and Zoning
Commission that:
Section 1. The following revised and prioritized List of Priorities for 2007 is hereby
approved:
PRIORITIES
Proper Staffing of the Planning Department
Municipal Lands Management Plan (1995) -Update
City Land Disposal Policies and Procedures -Review and Update
Rewrite of Title 15 -Bring it up to date, clarify, eliminate inconsistencies
Planning Commission Rules of Procedure -Develop
~~
Sewazd Planning and Zoning Commission
Resolution 2007-08
Page 2 of 2
Planning Commission Rules of Procedure -Develop
Nash Road Bench Study
Enforcement -inclusive of the following but not exclusive of other enforcement issues _
Code Violations and CUP's
Community Values Meeting
Flood Management
Two Lakes Pazk Replat
Waterfront Park Replat
FOLLOW PROCESS MADE BY OTHER ENTITIES
AARC Master Plan
Airport Master Plan
Pazks and Recreation Master Plan (1993)
Section 1. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5~' day of
June, 2007.
THE CITY OF SEWARD, ALASKA
Marianna Keil, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis
City Clerk, CMC (City Seal)
IS
P&Z Agenda Statement
Meeting Date: May 3, 2007
Through: Phillip Oates, City Manager
From: Donna Glenz, Planning Assistant
Agenda Item: Approval of the Updated of P&Z Priorities List
BACKGROUND & JUSTIFICATION:
The City Council Rules of Procedure, adopted March 14, 1994, states that the Council
should meet in an annual joint work session with the Commission every March to address areas
of mutual concern. The Council and the Commission held a joint work session on March 27,
2007. The 2006 List of Priorities was discussed, reviewed and updated.
The Commission discussed Resolution 2007-08, at the May 3, 2007 meeting and
postponed the resolution until the Chair could provide a workable list to staff for approval on the
June 5, 2007 agenda.
The revisions and updates of the Chair have been incorporated in (Substitute) Resolution
2007-08 for the Commissions review and approval.
RECOMMENDATION:
Commission approve (Substitute) Resolution 2007-08
/9
City of Seward Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 132
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 Clazk Bob Hicks
Lynn Hohl Sandie Roach'
Tom Smith
comprising a quorum of the Commission; and
Scott Williams, Planner
Christy Terry, Executive Liaison
Absent: Mazgazet 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 ezcept Those Items Scheduled For Public Hearing-None.
Approval of Agenda and Consent Agenda -
Motion (Smith/Roach') Approve the Agenda and Consent Agenda
Kei1 added under New Business, "Change to Rule 26 Council Rules of Procedure: Order of
Business."
City of Seward Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 13 3
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 ATS No. 174, Within The NW'/a of Section 3, Township 1 South, Range 1
West, Seward Meridian, Marina Subdivision, Seward Resort Addition, To CreateA "Tract
A." (Postponed from the December 5, 2006 Regular Meeting,and on the floor 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 l.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.
Hohl thanked the stafffor 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 Planning Commission Minutes
January 4, 2007 Volume 6, Page 13 4
Williams stated he did not know if the building was constructed at this location or if it was
moved there. He clarified the building was not on a permanent foundation.
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 fuialized.
Motion Passed
Main Motion Passed
Unanimous
Unanimous
Set January 16, 2007 Work Session Topic as details for. "Community Values Meetings."
Williams noted staff had moved forwazd 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
definitions. Clazk stated he would not be at the Work Session and Hicks stated he was unsure if he
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.
Williams agreed with Roach', and noted it would be helpful to discuss how to infuse the
SMIC Development Plan and the Pazks 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 faz:
• February T~ and 8`~
• 7:00 pm start time
• Middle School Main Lobby
• Refreshments
• Section 2 of the Comprehensive Plan Volume 1 posted around room (including photos)
• Lazge 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.
a~
City of Seward Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 13 5
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 regazding 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 KCommunity Values Meetings."
Discuss Quarterly Joint Work Sessions with Seward Bear Creek Flood Service Area Board
Williams suggested the Commission ask. the Boazd to meet at City Hall to allow for space
needs for both the Bodies.
Hohl suggested the meetings be held an hour before their Regulaz 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
Boazd in December.
Smith noted the Flood Boazd 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 Boazd had a great wealth of knowledge and it was
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City of Seward Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 13 6
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
Sewazd'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 Boazd 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
forwazd 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
Boazd.
In response to Clark, Williams noted the Flood Board had worked with the Borough Attorney
to ascertain whattheir authoritywas 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 Boazd 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
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City of Seward, Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 13 7
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.
Hotel spoke in opposition to the change and felt it was important for citizens to heaz
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.
Hotel suggested an additional public comment section could have been added.
Clark clarified his understanding that Hotel and Keil stated citizens didn't want to wait
through the presentations to provide comment.
Hotel liked the historical placement of public comments with each agenda item. She stated
the current system lacked the ability to have an impact an 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.
Hotel 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
Hotel 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. Hotel 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. Hotel stated the new
portion did not have `safe lighting.
In response to Keil, Hotel 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 Hotel if this was a condition that was not being met, or if she was asking the
Commission to add a new condition.
Hotel felt the condition of the pedestrian pathway was met to the `letter of the law,' but
azgued that the intent was not. She explained that the new drive area at the High School had not
~~
City ofSewar~ Alaska Planning Commission Mimites
Ja»uary 4, 2007 Volume 6, Page 13 8
been addressed by the Commission, but that it should be required to come before them. Hohl
described the new traffic loop off of Swetmann Avenue 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 Hohl 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 lazge 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 accessto 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 Kohl, 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
Bencazdino to come and speak to the Commission.
City of Seward Alaska Planning Commission Minutes
January 4, 2007 Yolume 6, Page 13 9
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
CLristy 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. Hoh1 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.
Kell argued the Commission did not ask staff for a specific dedication.
Hohl asked for a recess so that the minutes regazding this issue could be reviewed.
~~
City of Seward Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 14 0
The Commission recessed from 8:40 to 8:55 and were provided with copies of the 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 cleaz 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 Clazk's statement for suggestions by the
City Staff to be included.
Hohl azgued 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 cleaz.
Keil, Clark, and> Smith stated the motion was. unclear.
Clazk 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
pazcel.
Hohl stated Clazk voted to approve the motion.
Clazk stated he didn't remember agreeing to plat anorth-south road on the west side of the
property. He felt the tapes might have further explanation on other Commissioners' intentions.
Hohl azgued 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.
Clazk stated, based on the motion, he agreed the Commission needed to dedicate anorth-
south access because of Borough requirements, but Clazk 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 verify
the intent of the Commission.
~~
City of Sewarr~ Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 141
Hotel 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.' Clazk stated Administration obviously left the meeting with a
different interpretation from Hotel.
Hotel stated she couldn't verify Clazk's last statement.
Clark stated he could not continue the discussion without listening to the tapes.
Keil and Hotel 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.
Hotel stated the minutes were the legal recording of the Commission's action.
Smith noted the motion stated the vacation was subject o `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.
Hotel 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 forPianner Scott Williams the process thus faz and Hotel's objection to Keil
speaking on behalf of the Commission at the Borough Meeting, since Hotel and Keil differed on their
interpretations of the plat.
Hotel 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. Hotel
stated the Commission did not want to specifically tell City Staff how to provide this access because
the Commission wanted City Staffto choose the best location for the north-south access. She stated
the staff did not do what the Commission required. Hotel stated on Monday at the Borough meeting
she would be speaking to this section of the minutes.
Hicks stated a court of law 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, Hotel stressed the dedicating additional access.
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City of Seward Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 14 2
Hohl and Keil debated Borough Staff's interpretation of the amendment.
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 adjourned at 9:10 pm.
Christy Terry
Executive Liaison
(City Seal)
Marianna Keil
Chair
a
Sponsored by: Planning and Zoning Commission
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2007-12
A RESOLUTION OF THE SEWARD PLANNIl~TG AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING
THE CITY COUNCIL SUPPORT AND FUND A STUDY OF POTENTIAL
DEVELOPMENT OPTIONS FOR THE "BENCH" AREA ON THE EAST
SIDE OF RESURRECTION BAY
WHEREAS, Seward City Code 2.30.225 charges the Seward Planning and Zoning
Commission ("Commission") with responsibility for promoting the public interest and understanding
of comprehensive planning, zoning, land management and other issues related to community
planning and development; and
WHEREAS, the Commission has identified the "bench azea" located on the East side of
Resurrection Bay as a potential opportunity for development, as it would expand the availability of
developable land within City boundaries; and
WHEREAS, in recent years, the Commission and the Seward City Council have taken action
to recommend and authorize disposition of individual pazcels on the East side of Resurrection Bay,
without a comprehensive and organized plan for future development in these azeas, which may limit
the potential for achieving the highest and best use of these properties for the community's overall
benefit; and
WHEREAS, in considering potential development options for the "bench azea", the
Commission recommends that every effort be made to recognize the valuable role that this area plays
in protecting the community's view-shed, and that potential development in this area proceed in a
manner that minimizes adverse impacts to the view-shed.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission hereby recommends that the Seward City Council pursue a study
of the "bench area" located on the East side of Resurrection Bay, to consider potential development
options for this area, and to encourage orderly and planned development to meet the highest and best
use of this land for the community benefit, recognizing the value that this area plays in protecting the
community's view shed.
Section 2. This resolution shall take effect immediately upon adoption.
~J
Seward Planning and Zoning
Resolution 2007-12
Page 2 o f 2
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5~' day
of June, 2007.
THE CITY OF SEWARD
Marianna Keil, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
r
~~
P&Z Agenda Statement
Meeting Date: June 5, 2007 : ~
Through: Phillip Oates, City Manager
From: Donna Glenz, Planning Assistant
Agenda Item: Recommending the Seward City Council support and fund potential
options for development of the "bench area" on the East side of
Resurrection Bay
BACKGROUND & JUSTIFICATION:
In recent years, both the Sewazd Planning and Zoning Commission and the Sewazd City Council
have addressed inquiries from individuals interested in purchasing individual pazcels of property
on the east side of Resurrection Bay. In most cases, the Commission has recommended, and the
Council has approved, disposition of these properties, without an overall strategy for encouraging
the highest and best uses of this property.
The Commission is charged with considering the overall management of land within the City,
supporting long-term comprehensive planning and development practices. To that end,
Commissioners are recommending a study of the "bench area" located on the East side of
Resurrection Bay, with the intent to identify potential opportunities for development to expand
the availability of developable land within City boundaries, and to ensure that any future
development of this area proceed in awell-planned and responsible manner.
The Commission recognizes that this land plays a very valuable role in protecting the
community's view-shed, and recommends that any future development of this area proceed in a
manner that minimizes, to the extent possible, adverse impacts to the view-shed, while
maximizing the overall benefit to the community.
CONSISTENCY CHECKLIST YES NO N/A
1. Comprehensive Plan (2020) X
2.2 Natural Environment and Open Space (page 11)
Land Development (page 15)
^ Develop a land use plan for the east side of Resurrection Bay
3.2.1.1 Land Use
^ Revise the Resource Management District to require rezoning before
development for residential, commercial, or industrial use. (page 20)
~~
3.9.2.2 Preserve and protect the scenic views of the mountains and Resurrection Bay.
^ Seek ways to minimise development impacts on the slopes of Bear Mountain,
Mt. Marathon, Mt. Benson, and Mt. Alice bench utilizing watershed
protection measures. (page 31)
2. Land Use Plan (2006) X
Land Use Plan designation is Resource Management
3. Strategic Plan (1999) X
Growth Management and Land Use Planning:
Supports orderly growth, development and land use planning. (page 3)
Natural Environment:
Supports the natural environment by: preserving views and open spaces; working
in harmony with nature; protecting wildlife; and providing environmentally
sensitive access to nearby waterways, glaciers, fjords, mountains and marine life.
(page 4)
Goals and Obj,,,ectives:
Preserve and Protect the Scenic Views of the Mountains and Resurrection Bay.
Seek ways to protect the watershed and mitigate development impacts on
the slopes of Bear Mountain, Marathon Mountain, Mount Benson, and the
Mt. Alice Bench. (page 15)
4. Municipal Lands Management Plan (1995) X _
Lands for Further Study
Nash Road Bench & Fourth of July Creek Valley. Tracts L and M FOJC Prelim
Plat . These large tracts are designated Resource Management and are Located in the valley upstream of
the industrial area toward Godwin Glacier and on the upper bench above Nash Road. They were acquired
from the KPB as part of land trade for the elementary school site. Recommendation: Retain land
ownership. Evaluate jor future uses industrial, commercial; residential, and/or resource management
Rezone accordingly. The 4th of July Creek area is a gravel resources Look at the upper bench for
timber and access road Request that the AT~TECforest technology class survey the timber and land as
a class project General Fund
RECOMMENDATION:
Commission approve Resolution 2007-12, recommending City Council support and .fund
potential options for development of the "bench area" on the East side of Resurrection Bay.
~~
1
d9~
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City of Seward, Alaska
City Council Minutes
Without objection from the Council, Janke added to the agenda the scheduling of a special
meeting regarding proposals for concrete soars for the Small Boat Harbor Repair and Renovation
Capital Project.
Amendment to Agenda (Broaaow/Clark) Following the council meeting, there shall be an
eiecutive session for a matter the immediate
knowledge of which would clearly have an adverse
effect upon the finances of the City.
Amendment passed Unanimous.
Motion passed. Unanimous.
The Clerk read the following approved consent agenda items:
Resolution 2000-079, authorizing the City Manager to enter a one year contract for 5363,464.67
with the State of Alaska, Department ofCorrectionsy to provide for operating the Seward Community .
Jail and housing prisoners charged and/or sentenced under Alaska Statutes.
Resolution 2000-080, opposing the State of Alaska's local bonding requirement to pay for harbor
deferrer maintenance.
Resolution 2000-083, authorizing the City Manager to purchase 750 and S00 mcm, 15 kV power
cable from WESCO for a price not to exceed $30,893, and to purchase a control cable from Potelcom
for a price not to exceed.
Resolution 2000-084, authorizing the extension of a special services contract between the City of
Seward and the State of Alaska, Department of Public Safety, in the amount of $48,500 to provide
dispatch and clerical services to public safety employees in the Seward area.
July 10, 2000, mceting minutes.
Public hearings
Resolutions Requiring Public Hearing
Resolution 2000-073, authorizing for the disposal by sale, a 2.S acre parcel located within Tract
G, Fourth of Jnly Creek Subdiviaioa No. 2 to John C. (Andy} Anderson III for no leas than the
appraised fair market valae of 525,000.00; and authorizing a subdivision of Tract G, Fourth
of duly Creek Subdivision No. 2. The proposed parcel is located on the upland aide of Nash
Road, north of the Seward Marine Industrial Center.
Notice ofthe public hearing being posted and published as required by law was noted and the
public hearing was opened.
City of Seward. Alaska City Council Minutes
July 24, 2000 Volume 35, Page 253
Andy Anderson, Harbor Lights, Fourth Avenue, stated he would like to purchase the
property in order to build a house. Anderson stated he had lived in Seward for the past twenty-Svc
years and grew up in Seldovia. Anderson planned to build the home within the next two to three
years and added it would get this property on the tax roils.
Pat Sterling, Slip B-3 Small Boat Harbor, spoke in favor of Resolution 2000-073,
emphasizing that our whole country was founded on putting land in the hands of private ownership
. in order to create a tax base.
Mark Luttrell, King Arthur Road Camelot, Eastern Kenai Peninsula Environmental Action
Association Director. Lumell stated the Association had 216 members, 196 of wham live in the
Seward area. The Association was opposed to Resolution 2000-073. The opposition was due largely
because of a lack of planning for the area and the sale of this property would have a negative impact
on the Seward community. Lumell said the existing Land Use Plan pertains to the entire 440 acre
parcel, and not just to pieces of it. The Land Use Plan recommended retaining this property for
public ownership and then to evaluate it for future potential industrial, commercial, residential, or
resource management uses. The land is currently zoned resource management because of a lack of
adequate information on the azea and he did not feel the City of Seward knew the true economic
value of the area.
Matt Halt, Camelot, questioned how much Anderson would be paying for the property.
Janke responded that tonight's resolution only authorized the City Manager to negotiate the sale of
this property to Anderson. The tenors of the sale would come forward at a future council meeting.
In response to a second question from Halt, Janke stated that anyone who is interested in purchasing
city land should cor-tact the City to initiate discussions.
Ron Long, Camelot, said that this property was offered for sale several years ago and there
were no proposals received at that time. With the tack of previous interest for this piece of land, the
Code now allowed extra management property disposal measures.
No one else appeared to be heard and the public hearing was closed.
Motion (King/Orr) Approve Resolution 2000-U'13
Janke presented one amendment, a new section stating "the prospective purchaser shall
complete the negotiations with the City within 30 days of the effective date of this resolution or the
- actions authorized by this resolution shall cease." Janke explained that the City Code concerning
disposal of property was not very clear. The Administration interpreted the Code to allow direct
negotiations with potential purchasers when the land had been previously identified for disposal.
Janke did not think the City made a very good land bank. The proceeds from this sale could assist
the City in establishing planning guidelines for the Nash Road Bench Area.
King wondered ifthe proposed new section, allowing 30 days to conclude negotiations, might
be a little difficult and suggested 60 days. In response to King, Janke said the invention was to force
the City not to be too bureaucratic, and to force the City net to keep the land tied up too long. Janke
thought if the City could not hammer out a deal in thirty days, it probably would not happen.
Amendment (G7arW$rossow) Negotiations will tie completed within 45 days of
passage of thu resolution.
~~
GYry of Seward, Alaska City Councli Minoru
July 24.2000 Volume 3S. PaAe 2S4
Amendment passed. Unanimous.
Shafer said that Lumell was correct in asserting Mt. Alice and Nash Road Benches have been
mentioned as a viewpoint from the City of Seward. And h7te Luttrell, Shafer also worried about the
lack of planning, however, Shafer felt the City owned a lot of land and generated little revenue from
it. The City needed more housing within City Limits and this would help address that concern.
Clark did not object to residential development across the Bay, but he did object to the lack
of planning and spoke against the resolution until Planning and Zoning addressed planning for this
property.
Calhoon, agreed with Shafer and Clark, about the lack of planning for the area. Calhoon
spoke in favor of planning prior to malting the sale.
King spoke in favor of taking the proceeds from this land sale and using the proceeds to plan
the rest of this area. Recently, the City purchased land from the private sector at Fourth and Adams,
taking three parcels off of the tax rolls. King stated there would be huge development costs to
developing this land. Developing this property might encourage additional development and get more
property on the tax rolls.
Brossow wondered why this resolution did not go to Planning and Zoning first. Janke
responded to Brossow by explaining that the property had previously been identified as available for
disposal and the City was ~ to streamline the process in order to be less buresuaatic when
responding to Anderson. The Council can ask for this issue to go before the Planning Commission,
but the Code did not require it. in this case, this issue is before the Council using a two step process,
the first step will require the Council to authorize the City Manager to negotiate with Anderson, and
the second step will require the Council to approve the terms of the agreement.
In response to a question from Brossow, James re~rted there were over 1,800 acres of city
tend that has~been identified as Tract G and there was no city estimate of how many lots could be
developed at this location.
Shafer suggested Planning and Zoning could review the property to help the Council decide
what the community wanted for the area.
Orr spoke in favor of the resolution and inquired about the public process that occurred when
this land was previously offered for sale, and about the Planning and Zoning involvement at that time,
and what land use restrictions applied to the land. Tn response, Janke and James explained the prior
public process for this land and stated the City could add covenants and deed restrictions to the
property. Deed restrictions and covenants would be imposed via negotiations with the buyer, and
those restrictions would be approved by the City Counal.
Motion passed. Yea: Blatchford, Broasow, King, Orr, Shafer
No: Calhoon, Clark
Resolution 2000-074, authorizing for disposal by sale of Lot 2, Block 3, Fourth of July Creek
Subdivision, Seward Marine Industrial Center to Dalo Marine for no less than the appraisal
fair market value of 581,663.75.. This 2.5 acre parcel is located east of Naah Road between
Jellison Avenue and Mustang Avenue.
Notice of the public hearing being posted and pubUshed as required by law was noted and the
public hearing was opened,
Sponsored by: d~tnke
Cl'TY OF SEWARD, ALASKA
RESOLUTION 2000.073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING FOR DISPOSALBY SALE, A 2.5 ACRE PARCEL
LOCATED W I'I'H1N TRACT G, FOURTH OF JULY CREEK SUBDIVISION
NO. Z FOR NO LESS THAN THE APPRISED FAIR MARKET VALUE OF
$25,000; AND AUTHORIZING A SUBDIVISION OF TRACT G, FOURTH OF
JULY CREEK SUBDMSION NO. Z
WHEREAS, John C. (Andy) Anderson III has submitted an offer to purchase a 2.5 acre
parcel of city-owned land located within Tract G., Fourth of July Creek Subdivision, No. 2 for the
fair market value of $25.000; and
WHEREAS, Tract G, Fourth of July Creek Subdivision No. 2, located on the east side of
Nash Road, is zoned Resource Management; and
W HEREAS, pursuant to Seward City Code § 7.05.120, the City Council may dispose of real
property by negotiation, public auction or sealed bid.
NOW, THEREFORE, BE 1"T RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section Z. For the reasons set forth herein, the City finds it in the public interest to dispose
by sale, the 2.5 acre parcel identified in the Preliminary Site Survey Proposed Residential Parcel
within Tract G 4~` of]uly Creek No. 2 (Survey), prepared by Cline & Associates and dated February
23, 2000. Although, the specific parcel identified in the Survey has not previously been considered
by the City for disposal, the City has previously requested proposals to lease or purchase other areas
of Tract G, Fourth of July Creek Subdivision No. 2, referred to as the Nash Road Bench Area. In
addition, the Municipal Land Management Plan, adopted May 1995, recommended evaluation of this
area for future potential industrial, commercial, residential and/or resource management uses. Sale
of this particular parcel for development is a reasonable use of the property.
Section Z. The City further finds that it is in the public interest to dispose ofthe 2.5 acre tract
of land identified on the Survey, through sole source negotiations with ]ohn C. (Andy) Anderson III
because this is the only recent offer or proposal that the City has received for property in this area of
the City. The actual sale ofthe real property is subject to negotiations by the City Manager and final
approval by the City Council at a later date.
Section 3. The City finds that it is in the public interest to negotiate the purchase and sale
agreement described in this resolution without completing a City appraisal because the offeror has
already obtained a recent appraisal determining the fair market value of the land. The Limited
Summary Appraisal Report submitted by the offeror was prepared by MacSwain Associates, an MIA
Certified appraiser whose professional services the City has utilized in its own recent land appraisals.
~'~
CITY OF SEWARD, ALASKA
RESOLUTION 2000-073
The City hereby accepts MacSwain Associates' Limited Summary Appraisal Report, dated April 28,
2000, which identifies the appraised valuation of the proposed 2.5 acre parcel within Tract G, Fourth
of July Creek Subdivision No. 2 at 525,000, as the City's appraisal for purposes of the appraisal
requirement.
Section 4. The City Manager is authorized and directed to negotiate on behalf of the City,
a purchase and sale ageement with the proposed offeror for no less than $25,000, subject to further
consideration and final approval by the City Council at a later date. This resolution shall not be
considered the final approval of a real estate transaction or approval of the actual sale to the potential
purchaser. It is intended the City Manager will negotiate the terms of a purchase and sale ageement
for the City Council's subsequent consideration and approval and that arty subsequent resolution to
approve such an ageement not take effect unti130 days after passage and posting as required by
Seward City Code §7.05.140.
Section S. As required by Seward City Code § 1b.01.015(B), the City hereby consents to
the subdivision of city-owned Tract G, Fourth of July Creek Subdivision, as identified in the
Preliminary Site Survey Proposed Residential Parcel Within Tract G. 4° of JuIY Creek No. 2, and
authorizes the City Manager to sign the final plat on behalf of the City of Seward. The transaction
described in this resolution may not close until after the final plat is recorded.
Section 6. Negotiations will be completed within forty-five days of passage of this
Resolution.
Section 7. This resolution shall take effect immediately.
PASSED AND APPROVED by the City Council ofthe city of Seward, Alaska, this 24'` day
of July, 2000.
THE CITY OF SEWARD, ALASKA
~BS., ,3 Q~, 4~-
Edgar Blatchford, Mayor
AYES: Brossow, King, Orr, Shafer, Blatchford
NOES: Clark, Calhoon
ABSENT: None
ABSTAIN: None
J
Sponsored by: Janke
CITY OF SEWARD, ALASKA
RE5OLUTION 2000-106
A RESOLUTION OF THE CITY COUNCII. OF THE CITY OF 5EWARD,
ALASKA, AUTHORIZING THE SALE OF A 2.5 ACRE PARCEL LOCATED
WITHIN TRACT G, FOURTH OF JULY CREEK SUBDIVISION N0.2 TO
JOHN C. ANDERSON FOR A SALE PRICE OF $30,000
WHEREAS, John C. Anderson submitted an offer to purchase a 2.5 acre parcel of city-
owned land located within Tract G., Fourth of July Creek Subdivision, No. 2 for the appraised fair
market value of $25.000; and
WHEREAS, Tract G, Fourth of July Creek Subdivision No. 2, located on the east side of
Nash Road, is zoned Resource Management; and
WHEREAS, Seward City Code § 7.05.120, authorizes the City Council to dispose of real
property by negotiation, public auction or sealed bid; and
WHEREAS, on July 24, 2000, the City Council approved Resolution 2000-073 identifying
the requested property for disposal by sale through sole source negotiations with John C. Anderson,
and authorizing the City Manager to negotiate a purchase and sale agreement for the requested
property subject to further consideration and final approval by the City Council at a later date; and
WHEREAS, pursuant to Resolution 2000-073, the City Manager has negotiated the sale of
the requested property with John C. Anderson for a sale price of $30,000; and
WHEREAS, a public hearing meeting the requiremerrts of Seward City Code §7.05.125 was
held on September 25, 2000:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCII. OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The Purchase and Sale Agreement, attached and incorporated herein by reference,
between the City of Seward and John C. Anderson, is hereby approved in substantial form and the
City Manager is authorized to complete and execute all documents as are necessary to complete the
sale in substantial form as described in this resolution including, but not limited to, the purchase and
sale agreement, easements, subdivision plat, closing instructions, declaration ofrestrictive covenants,
and quitclaim deed.
Section 2. In accordance with Seward City Code §7.05.135, and for the reasons set forth in
this resolution and Resolution 2000-073, the City Council finds that the essentiai terms and conditions
~~
CITY OF SEWARD, ALASKA
RESOLUTION 2000-106
of this land disposal, $30,000 cash, and the method of disposition, by negotiation as authorized in
Seward City Code §7.05.120, are in the public interest.
Section 3. The City finds that it is in the public interest to authorize the sale described in this
resolution and the attached Purchase and Sale Agreement without completing a City appraisal
because the purchaser has already obtained a recent appraisal determining the fair market value ofthe
land. The Limited Summary Appraisal Report submitted by the purchaser was prepared by
MacSwain Associates, an MIA Certified appraiser whose professional services the City has utilized
in its own recent land appraisals. The City hereby accepts MacSwain Associates' Limited Summary
Appraisal Report, dated April ZS, 2000, which identifies the appraised valuation of the proposed 2.5
acre parcel within Tract G, Fourth of July Creek Subdivision No. 2 at $25,000, as the City's appraisal
for purposes of the appraisal requirement.
Section 4. As required by Seward City Code § 16.01,015(B), the City hereby consents to
the subdivision of city-owned Tract G, Fourth of July Creek Subdivision, as identified in the
Preliminary Site Survey Proposed Residential Parcel Within Tract G 4'` of July Creek No. 2. and
authorizes the City Manager to sign the final plat on behalf of the City of Seward.
Section S. This resolution shall take effect 30 days after passage and posting as required by
Seward City Code §7.05.145.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 25°i day
of September, 2000.
THE CITY OF SEWARD, ALASKA
~.Q. t ~ .~...~ I
Edgar Blatchford, Mayor
AYES: Brossow, Calhoon, Clark, King, Orr, Shafer, Bfatchford
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST•
Patrick Reilly
City Clerk
(City Seal)
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MEMORANDUM
City of Seward
Community Development
Date: June 19, 2007
To: Planning and Zoning Commission
From: Donna Glenz,
Planning Assistant
Subject: June 19, 2007 Special Scheduled Planning and Zoning Meeting
Staff currently plans to bring before the Commission, at the scheduled June 19~' Special
Meeting, a Public Hearing to amend the Land Use Plan and Rezone the area currently
known as Tract A, Sewazd Long Term Care Facility Subdivision from Institutional back
to Rural Residential.
The work session for the review and comment of the SMIC Development Plan will be
held from 6:30 to 7:15 and the Special Planning and Zoning meeting will begin at 7:30.
~3