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HomeMy WebLinkAbout04072009 Planning & Zoning PacketSeward Planning & Zoning Commission Meeti .Sandie Roach' Chair Term Expires 02/10 Sue McClure Commissioner Term Expires 02/10 Vacant Vice Chair Term Expires 02/12 Terra Morgan Commissioner Term Ezpires 02/10 Steven Heinrich Commissioner Term Expires 02/11 Christina Stauffer Commissioner Term Expires 02/12 Cindy Ecklund Commissioner Term Expires 02/11 Phillip Oates City Manager L'hristy Terry Community Development Director Anne Bailey 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 5. Citizens' Comments on any subject except those items scheduled for public hearing. [Those who have signed in will be given the farsl opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item] 6. Approval of Agenda and Consent Agenda. [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Commissioner so requests. 1n the event of such a request, the item is returned to the Regular Agenda.] 7. Specialltems A. Election of Chair and Vice-Chair ................Page 3 Planning and Zoning Commission April 7, 2009 Regular Meeting Agenda Page 1 1 8. Public Hearings [Limit comments to 5 minutes. Those who have signed in will he given the fast opportunity to speak] A. Unfinished Business Items requiring a Public Hearing -None B. New Business Items requiring a Public Hearing- 1. Resolution 2009-06 granting a Conditional Use Permit to Dennis and Mary Bailey dba D&M Properties, to operate nightly lodging within two multi-family dwelling apartment structures on Lots 23-34. Block 8, Laubner Addition located at 1104 Fourth Avenue within the Harbor Conunercial Zoning District .............................................................. Page 4 2. Resolution 2009-08 granting a Conditional Use Permit to Icicle Seafoods to allow modified cargo containers used as temporary structures to serve as employee living-quarters bunkhouses within the existing employee campgrounds on Lot 2, Block 3, Leirer Industrial Subdivision within the Industrial Zoning District ................................................................. Page 16 9. 10. Unfinished Business - A. Confirmation of the Commission's Wishes on the Flood Plain Ordinance UpdatePage 33 New Business - A. Discuss the Planning and Zoning priorities in preparation for the Council and Commission joint work session scheduled for April 8, 2009 at 6:00 p.m... Page 45 B. Discuss and set possible Commission work Session for April 21, 2009. * C. Resolution 2009-07 granting a second six month extension to Conditional Use Permit NO. 2008-03, issued to Nathan Orr for the remodel and construction of a 34 unit motel on Lot 3A, Block 18, Federal Addition, Orr Replat, 909 Fourth Avenue within the Central Business District ............................................... Page 49 * D. February 17, 2009 Special Meeting Minutes ............................................... Page 62 11. Informational Items and Reports (No action required)-None 12. Commission Comments 13. Citizens' Comments [Limn 7o S minutes per individual - Lach individual has one opportunity to speak] 14. Commissions and Administration Response to Citizens' Comments 15. Adjournment Planning and Zoning Commission April 7, 2009 Regular Meeting Agenda Page 2 2 P&Z Agenda Statement Meeting Date: April 7, 2009 To: Planning and Zoning Commission From: Executive Liaison Anne Bailey Agenda Item: Election of Chair & Vice-Chair BACKGROUND & JUSTIFICATION• Each year the Planning and Zoning Commission must elect a Chair and Vice-Chair for the coming year. The duties of the Chair are to• l . Open the meeting on time and call the meeting to order; 2. Announce in proper sequence the business on the agenda; 3. Recognize members who are entitled to the floor; 4. State and put to a vote all legitimate motions that arise during the meeting: 5. Do not permit debate until there is a motion on the floor; 6. Protect the Commission from frivolous or delaying motions by refusing to recognize them; 7. Enforce the rules regarding debate and keep order; 8. Expedite business in a way compatible with the rights of the members; 9. Decide all questions of order; 10. Respond to all inquiries of members; 11. Ensure that citizens address all remarks to the Commission; and 12. Declaze the meeting adjourned. The Vice-Chair assumes the duties of the Chair when necessary. The process for election of the Chair and Vice-chair is as follows• The current Chair should open nominations. Anyone can nominate another commissioner as chair. • If only one nomination is received, a motion should be made to close nominations and cast a unanimous ballot for the chosen person. That motion will need a second and can be approved by unanimous consent. (No role call vote is necessary). • If more than one nomination is received, l will prepare ballots for each Commissioner to vote for one nominee and sign his ballot. I will then collect the ballots, read the votes aloud, and announce the prevailing nominee. A motion is then in order for someone to elect the nominee as chairman. A second is needed and the motion can be approved by unanimous consent of the commission. The above procedures should also be used to elect a vice chair. 3 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-06 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING A CONDITIONAL USE PERMIT TO DENNIS AND MARY BAILEY dba D&M PROPERTIES, TO OPERATE NIGHTLY LODGING WITHIN TWO MULTI-FAMILY DWELLING APARTMENT STRUCTURES ON LOTS 23-34. BLOCK 8, LAUBNER ADDITION LOCATED AT 1104 FOURTH AVENUE WITHIN THE HARBOR COMMERCIAL ZONING DISTRICT WHEREAS, Dennis and Mary Bailey, dba D&M Properties, have applied for a Conditional Use Permit (CUP) to operate nightly lodging within the Harbor Lights multi-family apartment buildings; and WHEREAS, the property is located at 1104 Fourth Ave with a legal description of Lots 23-34, Block 8, Laubner Addition, within the Harbor Commercial Zoning District (HC); and WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), Lodging, multi-family dwelling apartment is allowed within the Hazbor Commercial Zoning District by Conditional Use Permit (CUP); and WHEREAS, having complied with the public notification process; on April 7, 2009, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. In accordance with SCC § 15.10.320 (D), the Planning and Zoning Commission has reviewed the applicant's request for a CUP to operate nightly lodging within amulti-family apartment buildings on Lots 23-34, Block 8, Laubner Addition, and made the following Findings of Fact: 1. The use is consistent with the purpose of this chapter (the Seward Zoning Cade) and the purposes oJthe zoning districs: Finding: This condition has been established. The properly is located within the Harbor Commercial Zoning District (HC). Nightly lodging within amulti-family structure is allowed in the Harbor Commercial Zoning District by Conditional Use Permit. The Hazbor Commercial 7.oning District provides an area for water-dependent or water-related uses with particular emphasis on transportation, tourist, recreational, commercial or industrial enterprises which derive major economic or social benefit from a harbor location. Operating nightly lodging is consistent with the other uses in the Harbor Commercial Zoning District. 4 Seward Planning and Zoning Commission Resolution No. 2009-06 Page 2 of 3 2. The value of adjoining property will not be significantly impaired Finding: 'This condition has been established or shall be through the conditions. The neighboring properties are virtually vacant land which is generally used as parking or summer camping areas for summer visitor actives. The parcel adjoining to the North is the City owned public boat launch, within Harbor Commercial Zoning_ The parcels to the East are vacant land used as summer water front camping for motor homes with portions zoned Harbor Commercial and portions zoned Park. To the West is the summer camping/parking lot belonging to Seward Wildlife Curses, Inc. which is zoned Auto Commercial. The area to the South is the City owned fish ditch, parking lot and baseball field which are all zoned Park. There is no indication the requested nightly lodging within the multi-family structure will negatively impact the value of any of adjoining properties. 3. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This Condition has been met. The proposal is in harmony with the Seward 2020 Comprehensive Plan and Strategic Plan (1999) in that both plans encourage growth of year-round business. The Small Boat Harbor Management Plan (1993) recommends the commercial uses allowed in the Small Boat Harbor to be targeted to those that strengthen and enhance the 5ma11 Boat Harbor as a center for marine/tourist conveniences. 4. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been established. All water, sewer, and power are available and in current use to the property. Suitable refuse collection is currently in place. There is no indication or expectation of change to the use of public services. 5. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been established There is no evidence nightly lodging within the multi-family structure will cause any additional concerns to public safety, health or welfare. Adequate fire, police and solid waste disposal services are available to the property. The current parking plan for the existing structure more than meets the Seward parking code. The applicant has noted that the property provides extra parking for recreational vehicles to the tenants and guest of the facility. The applicant is required to obtain a Seward business license and lodging permit, which requires an annual life safety inspection of the units. There is no indication the nightly lodging will be harmful to public safety, health or welfare. 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant These may include but are not limited to measures relative to access, screening, site development, building design, operation uJthe use and other similar aspects related to the proposed use. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 5 Seward Planning and Zoning Commission Resolution No. 2009-06 Page 3 of 3 1. The use of the Harbor Lights Apartments for nightly lodging is subject to Seward City Code¢15.10.225(b)(7) Multi family dwellings used for lodging purposes are not required to be the business or property owner's residence. The use shall be limited to not more than five apartment units (per building). 2. The Planning and Zoning Commission may modify this conditional use permit if changed uses no longer conform to the standards and legal requirements justifying its present approval, or if the permittee applies for a modification to meet a different development plan that conforms to the standards and legal requirements for approval of a conditional use permit. 2. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shall occur only after payment of the filing fee established by resolution of the city council. Section 2. The Planning and Zoning Commission finds the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed in Section 1, Subsection 6 are met by the applicant, and authorizes the administration to issue a conditional use permit to D&M Properties to operate nightly lodging within the Harbor Lights multi-family apartment buildings. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320; Conditional Use Permits, and authorizes the administration to issue a conditional use permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this Ti' day of Apri12009. THE CITY OF SEWARD Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 6 P&Z Agenda Statement Meeting Date: April 7, 2009 Through: Christy Terry, Community Development D~ctor From: Donna Glenz, Associate Planner Agenda Item: Resolution 2009-06 granting a Conditional Use Permit to Dennis and Mary Bailey dba D&M Properties, to operate nightly lodging within two multi-family dwelling apartment structures on Lots 23-34. Block S, Laubner Addition located at 1104 Fourth Avenue within the Harbor Commercial Zoning District BACKGROUND & JUSTIFICATION: Applicants Dennis and Mary Bailey of D&M Properties has applied for a Conditional Use Permit (CUP) to operate nightly lodging within two multi-family dwelling apartment structures on Lots 23-34. Block 8, Laubner Addition. The two structures are located at 1104 Fourth Avenue within the Harbor Commercial Zoning District. Nightly lodging within amulti-family structure is allowed by Conditional Use Permit (CUP) in the Harbor Commercial Zoning District, as per Seward City Code (SCC) Land Uses Allowed Table 15.10.225. T'he Harbor Commercial District is defined as follows in the Seward City Code 15.05.025. Land use districts-(7) Harbor commercial district (HC). Provides an area for water- dependent or water-related uses with particular emphasis on transportation, tourist, recreational, commercial or industrial enterpriser which derive major economic or social benefit from a harbor location. SURROUNDING LAND USE AND ZONING: The neighboring properties are virtually vacant land which is generally used as parking or summer camping areas for summer visitor actives. The parcel adjoining to the North is the City owned public boat launch, within Harbor Commercial Zoning. The parcels to the East are vacant land used as summer water front camping for motor homes with portions zoned Harbor Commercial and portions zoned Park. To the West is the summer camping/parking lot belonging to Seward Wildlife Curses, Inc. which is zoned Auto Commercial. The area to the South is the City owned fish ditch, parking lot and baseball field which are all zoned Park. There is no indication the requested nightly lodging within the multi-family structure will negatively impact the value of any of adjoining properties. Floodplain status: According to the FEMA Flood Insurance Rate Map, this property is not located in a flood hazard area. Utilities: 7 Planning and Zoning Agenda Statement Resolution 2009-06 Page 2 of 3 The property is served by existing public utilities and developed streets. Staff comments have included the need for a nightly lodging permit, which includes an annual life safety inspection. Adequate fire, police and trash services are available. Parking: The current parking plan for the existing structure more than meets the Seward parking code. The applicant has noted that the property provides extra parking for recreational vehicles to the tenants and guest of the facility. Consistency Checklist: Yes No NA Comprehensive Plan (2020) X 3.2.1 Promote residential and commercial development within the city of Seward in accordance with community values. (page 19) Promote expansion and development of local entrepreneurial businesses. (page 16) Strategic Plan (1999) X This plan recommends adjusting local development regulations where appropriate to encourage development that is consistent with the economic base vision (pg 5}, Small Boat Harbor Management Plan (1993) X This plan states that commercial uses allowed in the Small Boat Harbor should be targeted to those that strengthen and enhance the Small Boat Harbor as a center for marine/tourist convenience uses and that do not detract from downtown's roles as the community's traditional consumer shopping and services center. a. Continue to limit small boat harbor cvmmercial development to water related and water dependent uses only. b. Through zoning, designate a specific range of commercial uses to be allowed in the small boat harbor area -including public, commercial and marine industrial uses. (page 9) Small Boat Harbor Planning and Development Guide X Page 34 of the Guide states, "It (the Guide) does not cover commercial and tourist activities and facilities in the harbor area" Property owners within three hundred (300) feet of Lots 23-34. Block 8, Laubner Addition were notified of this proposed conditional use permit action. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with. At this time of publication of this report, staff has received no public comments. If any comments are received after this publication, they will be presented as a lay down to the Commission and the public at the April 7, 2009 meeting. RECOMMENDED CONDITIONS: a Planning and Zoning Agenda Statement Resolution 2009-06 Paee 3 of 3 1. The use of the Harbor Lights Apartments for nightly lodging is subject to Seward City Code§15.10.225(b)(7) Multi-family dwellings used for lodging purposes are not required to be the business or property owner's residence. The use shall be limited to not more than five apartment units. 2. The Planning and Zoning Commission may modify this conditional use permit if changed uses no longer conform to the standards and legal requirements justifying its present approval, or if the permittee applies for a modification to meet a different development plan that conforms to the standards and legal requirements for approval of a conditional use permit. 2. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shall occur only after payment of the filing fee established by resolution of the city council- RECOMMENDATION: The Community Development Department staff recommends approval of Resolution 2009-06 granting a Conditional Use Permit to Dennis and Mary Bailey, dba D&M Properties, to operate nightly lodging within two multi-family dwelling apartment structures on Lots 23-34. Block 8, Laubner Addition located at 1104 Fourth Avenue within the Harbor Commercial Zoning District. Resolution 2009-06 includes the conditions recommended above. 9 D & M Properties PO Box 24274] Anchorage, AK 99524 877-677-7262 Seward Harbor Lights Condominiums Proposal for Nightly Rentals We, Dennis and Mary Bailey (dba D & M Properties), are submitting this proposal for the nightly rentals of two of our presently monthly rentals located at 1126 4~` Ave in the Seward Harbor Commercial 7_,one. We would like to offer these two bedroom two bathroom units to the public during the months of May, June, July, and August. These condominiums and their property are currently grandfathered residential entities within the presently defined Hazbor Commercial zone. We own all of the twelve condominiums on this site. Our intention when purchasing them was to offer year round residential living to Seward residents; before purchasing this property we determined that year round residences were a definite need in the community. Our commitment to our tenants has been to provide affordable year round homes in an area that is central to most business interests in the township of Seward; we have made a commitment to not ask our tenants to move every summer season or raise their rents during that time. We, interestingly, have increased vacancies during the winter months. No matter our signed one year leases more than a few people have moved in in April and left in late August, leaving us with multiple vacancies during the winter season. Our hope with the two nightly rentals is to increase our income during the summer to help pay our mortgage during the winter. Another contributing factor for our need to augment our yearly rental income is the current national economic downturn which has been felt in Sewazd through inflated gas prices, food costs, and the increase in utilities for our tenants as well as for us. In an effort to assist our tenants during last winters fuel increases we lowered their rent by $200.OOea. during the months of higher fuel consumption; we hoped that this would allow them to become accustomed to higher oil rates and adjust their budgets. The cost of running the complex has also risen for us during this time perhaps also driven by the wildly fluctuating cost of fuel. In any case, in an effort to continue our commitment to our tenants and to the community of Seward we thought to use two of the units for nightly rentals/lodging. By generating extra income during the summer with the nightly rentals we hope to be able to maintain a rent that would remain affordable for middle income folks and their families in Seward. Last spring, in an effort to fairly assess any possible impact on our tenants and their quality of home life, we had individual discussions with most of the tenants and they supported our reasoning and proposed methods. In an effort to upgrade and improve the building we have: 1. Painted the exterior walls and trim; 2. Replaced the least efficient of the oil burning boilers (5) with higher efficiency units (will do more when cash is available); 3. Maintained the yards and parking area during all seasons; 4. Do interior upgrades such as carpet and linoleum when units are vacant. 10 D & M Properties PO Box 242741 Anchorage, AK 99524 877-677-7262 We propose: 1. Offer two two bedroom two bathroom units equipped with full kitchen, washer and dryer. single car garage from 1 May to 30 August with maximum occupancy of six; 2. Two parking places per unit -one in the garage and one in the individual driveway as well as parallel parking for vehicles along the edge of pavement in pazking area; 3. Situate the two units together to lower the impact to tenants; 4. By only offering two units for nightly rentals we believe the impact to local traffic on 4`~' Ave. will be minimal. Both units offered for nightly rental will be equipped with: 1. Carbon monoxide/smoke detectors outside of each bedroom; 2. Fire extinguishers on each floor; 3. Boldly printed emergency exit routes for each floor; 4. Boldly printed tsunami routes for the area; 5. ? We would like the opportunity to prove to the city of Sewazd that we are capable of maintaining our property to the standards of your city ordinances and policies and also maintain our commitment to our present year-round tenants while offering summer nightly rentals of two units to the general public_ We believe, in our own small way, we are filling a need in the Seward community for year round middle- income housing. During this time of economic downturn we hoped to use this summer nightly rental to help us make it. It has never been our intent to negatively affect the Harbor commercial zone and or the township of Seward, in deed our intent and our actions have always been to enhance the Harbor area and benefit the township of Seward. We respectfully ask the city to consider our proposal. Dennis and Mary Bailey 11 h CITY OF SFWAFC ~~ i t (- __-_ f ~ 8 2 5 20C9 L._ ... __ ._ _~.~-- pLl~,nl";ING OFFI~[ J CITY OF SEWARD :OMMUNITY DEVELOPMENT OFFICE .O. Box 7 67 • Seward, Alaska 99664 (907} 224-4048 CONDITIONAL USE PERMIT APPLICATION h This completed application is to be submitted to the Community Development Department no later than three (3) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting held the first Tuesday of each month. The application must be accompanied by the $250.00 filing fee; and if property .is already developed, an as-built survey prepared by a surveyor registered in the State of Alaska; or scaled site and elevation plans for undeveloaed land. APPLICANT INFORMATION Applicant:~n/~ ~~ Address: N~. ~J(~y o~~ Property Owner {if other than applicant): Address: PROPERTY DESCRIPTION Address: ~Q'~ yf.~ ~~~ ~1r~ ~ ~~-(p ~{~ !-tUL,- Lot Size: (acres/SF) Iii }3GDO~ ~~~ Lot Block Subdivision TaxParLLcelN/no~.__ - - 14?-3U~D1~( Land Use Plan Designation: Zoning Designation: ~Qf LYJC' L.(1 Vbll'YlQ/Ci(q lL 2Ci)')~ DEVELOPMENT PROPOSAL INFORMATION 6 - ~5 A. What structures are located on the property? ~ l;~ ~ (~ ~ ~'(~Y(I(A"i1, (IY) I~s ~:vh B. What is the existing use of the property? v~Q.~fCt,Q~ ~CT i~111 ~U j7(.n'Yl:~.ff' C. What is the proposed use of the property C~YY-~(~~C( ~(f }'~{~(J (~Q~(,~fs ~`cS_QQ((.~/K1~Y7 n(~PYI I ~(Q 1~~~~ v .~ D. What i your develo m t time schedule? / /~/r ,~t ~ fly ~' aUCit~~t ~ l - ~ i/!11 . CUf1~r5fri~ q ~ .l~dYO~yr~ G~ ~ ~.UCII-(jCi' (~. Gt Ul-x 1 ~.~ ,,~ LL -~/~ r~ tt ~-f /~ (re y l h n r vPG~ as .Q Q/!K R~- cuPaeuniriuss ~CCC/ ~Sf ~~1~ UUU a 1 of ~1 E ~i~~ Telephone No.: Pl ~"~ ' ~ ~(p ~^ dl'I ~ Telephone No.: ' t 12 ATTACHMENT Conditional Use Permit Application The applicant hereby alleges that: 1. The use is consistent with the purpose of the Seward Zoning Code and the purposes of the zoning district: The Harbor Commercial Zoning District is currently "...intended to provide an area for tourist, recreational, commercial, or industrial enterprises..." and "...primary lodging within the Harbor Commercial District is nightly lodging..."(quotes taken from Ordinance 2009- 002). We, the applicants, allege our request for this conditional use permit to offer nightly lodging in our multi-family dwelling is indeed consistent with the tourist, recreational, commercial setting already existing in the Harbor Commercial Zone. 2. The value of the adjoining property will not be significantly impaired: In fact we believe we have and will continue to maintain our buildings and surrounding property in such a manner as to enhance the value of any adjoining property. We are bordered by harbor parking to the North, Parks and Recreational camping on the east, Army Corps of Engineers streambed on the South and Fourth Avenue to the West. 3. The proposed use is in harmony with the Seward Comprehensive Plan: By creating an option for Alaskan families to enjoy affordable home-style nightly lodging in the Harbor district our request is in harmony with the Seward comprehensive plan's desire to create an atmosphere that draws tourists from the region as well as from outside to enjoy and appreciate Seward's Marine history and marine recreation attractions. Our proposed nightly lodging will create economic stimulus and local social benefit by encouraging family travel to Seward further boosting the tourist recreational enterprises currently operating in the Harbor Commercial Zone. Also in harmony with the Seward Comprehensive Plan we ultimately hope that the nightly lodging will allow us to continue to offer affordable year round housing for middle income families choosing to live in Seward. 4. Public services and facilities are adequate to serve proposed use: We feel the public services and facilities already in place are more than adequate to support our request. Nightly lodging in our multi-family structures by conditional use permit will not create any greater impact on the district than other nightly lodging type businesses already allowed in the Harbor Commercial Zone. Each of our units has 2 designated parking spots with extra parking available if necessary. We do not foresee any extra demand on the water or sewer utilities or any extra demand on the fire and police departments. 5. The proposed use will not be harmful to the public safety, health or welfare: We are concerned for the health and welfare as well as the public safety of all of our tenants whether they are nightly or monthly. We continue to be committed to meeting and/or exceeding all city and borough code requirements set forth in the City of Seward Codes providing requirements and standards for nightly lodging within our community. Toward that end we are planning to request the fire inspector assist us in developing a safe and efficient plan for evacuation from all our units and we will seek any input from any department in the city relevant to safety, health, and welfare. Also, as this is a conditional use permit, we welcome the city's annual reevaluation of our performance in all safety areas. 25 February, 2009 13 n F. Include building elevation plans and a site plan, drawn to scale. The site plan should include: a) property dimensions; b) location and dimensions of existing and planned buildings; c) parking configuration; d) drivewayslaccess; el natural features; and f} other pertinent information. I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge, and that I, as applicant, have the following legal interest in the property: (~ Owner of record; { i Lessee; ( 1 Contract Purchaser; ( ) Authorized to act for a person who has the following legal interest: I also understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting held the first Wednesday of each mojflth. Applicant's Signature: Property Owner's Signature Enclosed: Fee: 5250 f~1 Site Plan ( ) Elevation Plans ( 1 Location Map ( ~ Other area r~us l~ (>C1 ~~~te~ tEk~e;~ CUP PEiiMR 11199 _s 5 3of3 14 ~ ~ ~ ~ a a -~5 _ p k' '" z - _ s a. ~ ~ • ; ~ "g~ ~~~5s . ~.. " - ~ , ~~ ~ ~ ~~i- ~ P kv~'~ ta'd ~ 4 f~~ C ~ 9U a ~ ._ m ~f l (!Z 10~ ai w c m 'n Q E ~ v~ ~ w ~ ~ ~ o C L ~ C ~ J a ~ ~ a~i ~ u. al Z °o L ~ J ~ a ~ U u' L 2 O Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-08 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO ICICLE SEAFOODS TO ALLOW MOllIFIED CARGO CONTAINERS USED AS TEMPORARY STRUCTURES TO SERVE AS EMPLOYEE LIVING- QUARTERS/BUNKHOUSES WITHIN THE EXISTING EMPLOYEE CAMPGROUNDS ON LOT 2, BLOCK 3, LEIRER INDUSTRIAL SUBDIVISION WITHIN THE INDUSTRIAL ZONING DISTRICT WHEREAS, Blaine Bazdazson, for Icicle Seafoods, Inc. has applied for a Conditional Use Permit from the Seward Planning and Zoning Commission to allow modified cargo containers used as temporary structures to serve as employee living quartersl6unkhouses within the existing employee campgrounds on Lot 2, Block 3, Leirer Industrial subdivision; and WHEREAS, the existing employee campground is located within the Industrial Zoning District on the north end of the parcel leased by Icicle Seafoods, Inc. just to the west of Northwestern Circle; and WHEREAS, according to the Sewadd City Code, Land Uses Allowed Table 15.10.225, bunkhouses and employee campgrounds are allowed in the Industrial 'Coning District by conditional use permit; and WHEREAS, many seasonal employees can not afford conventional housing during the seasonal work months; and WHEREAS, the temporary living-quarters bunkhouses are intended to provide a cleaner/safer housing option for employees and will improve sanitation, public safety and health in the area; and WHEREAS, the modified cargo containers used as temporary bunkhouses are intended to provide three (3) housing units within each container; and WHEREAS, the exact location and site plan for the modified cargo containers has not yet been determined; however the site plan shall be reviewed and approved during the temporary building permit process; and WHEREAS, the bunkhouse which had been permitted to Icicle Seafoods, Inc. by CUP 2006-01 in January 2006 was not constructed as a bunkhouse due to lack of funding; and 16 Seward Planning and Zoning Commission Resolution No. 2009-08 Page 2 of 5 WHEREAS, in place of the planned bunkhouse a structure containing kitchen, dinning, laundry and shower/bath facilities was built as accessory use to the main plant; and WHEREAS, having complied with the public notification process, on April 7, 2009 the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. According to SCC 15.10.320.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the Zoning district. Finding: This condition has been met or shall be by required conditions. The property is zoned Industrial (I). The Industrial Zoning District provides an area for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling and distributing operations, which may create some nuisance and which are not properly associated nor compatible with residential land uses. It is intended to provide environmental safeguards for people employed in or visiting the district. Some visual amenity is expected in this district to make it compatible with adjoining residential or business districts, SCC 15.05.025. (b) (10). Residential housing in an industrial zone is not permitted outright due to environmental hazards and other nuisances. However, housing in an industrial zone within a bunkhouse or employee campground is allowed by Conditional Use Permit. B. The value ojadjoining property will not be significantly impaired Finding: This condition has been met or shall be by required conditions. The existing employee campground is located in an area of mixed commercial and industrial uses. The property to the north contains a hardware store/boat repair and storage facility. Properties to the east contain a storage facility and a bulk fuel tank farm. Properties to the west contain a bulk propane tank and a large ]ot containing a bunkhouse, kitchen, dinning and bath house facility and other uses of the Icicles Seafoods plant. Properties to the south contain a rental car agency and a warehouse. The use of the proposed temporary structures to serve as employee living quarters bunkhouses would improve the living conditions and the visual appearance of the exiting employee campground. There is no indication the development will negatively impact the value of any adjoining properties. C. The proposed use is in harmony with the Seward Comprehensive Plan. 17 Seward Planning and Toning Commission Resolution No. 2009-08 Page 3 of 5 Finding: The proposal is in harmony with the Seward 2020 Comprehensive Plan (2005) and Strategic Plan (1999) in that both plans encourage growth of year-round business and both support the need for housing at all economic levels. Seward 2020 Comprehensive Plan (2005) The Comprehensive Plan promotes commercial development within the City of Seward in accordance with community values. Section 3.3.1.1 supports a range of housing choices that meet the needs of people in various income and age groups (page 22). Strateeic Plan (1999) Promote Residential and Commercial Development Inside the City. (First Bullet) Encourage construction of residential and seasonal housing at all market levels. (page 9) D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met or shall be by required conditions. Water, sewer, telephone and electrical service are available within the area, as well as adequate emergency services. Garbage dumpsters are available onsite. The employees housed within the current employee campground site use the kitchen, dimung and bath house facility located within the Icicle Seafoods structure to the West. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met or shall be by required conditions. There is an identified need for seasonal housing in Sewazd, particularly for low income employees. The modified cazgo containers used as temporary structures to serve as employee living quarters bunkhouses will require a temporary building permit. Temporary structures are allowed for a maximum of 180 days. The existing employee campgrounds require an inspection by the City Fire Chief each year, for life safety issues. Adequate fire hydrants exist within the required distances to the employee campground. And adequate police and life safety service are available. The Zoning Code does not have a specification for parking for bunkhouses or employee campgrounds, which is probably due to the scarcity of these facilities. This degree of flexibility allows for site-specific projections, based on the historical use patterns of the applicant. A ratio of one parking space to ten (1 to 10) occupants at maximum capacity should be sufficient, based on current and historic usage. Providing adequate parking for the employees will mitigate parking concerns in the area. Use of the modified cargo containers used as temporary structures to serve as employee living quarters bunkhouses will facilitate in the removal of camper shells and other non- permanent structures from "Tent City". F. Any and all specific conditions deemed necessary by the commission to Julfdl the above-mentioned conditions shall be met by the applicant These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. t8 Seward Planning and Zoning Commission Resolution No. 2009-08 Page 4 of 5 1. The modified cargo containers used as temporary structures to serve as employee living quarters bunkhouses must meet the current building code requirements each year as adopted by the City of Seward. 2. Placement on site of the modified cargo containers used as temporary structures to serve as employee living quarters/bunkhouses must meet all zoning and land use requirements of the Seward City Code. 3. The required parking shall be provided in accordance with SSC§15.10.215 Parking to incorporate required parking by code or Conditional Use Pernut for existing structures, and existing employee campground at not less than a ratio of one parking space to ten (1 to 10) occupants at maximum capacity. 4. The use of modified cargo containers used as temporary structures to serve as employee living quarters bunkhouses is subject to the definition of a bunkhouse, SCC,~15.10.140. Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared by several rooms and in which there are no individual cooking facilities. 5. The use and placement of the modified cargo containers used as temporary structures to serve as employee living quarters bunkhouses shall meet the requirements of the Seward City Code, Article 6, Employee Campgrounds,§ 8.15.610 through 8.15.630. 6. Any off site storage, within the City Limits, of the modified cargo containers used as temporary structures shall meet the Planning and Land Use Regulations of Title 15. 7. Modification of final approval of a conditional use permit may, upon application by the pertnitee, be modified by the Planning and Zoning Commission: A When changed conditions cause the conditional use to no longer conform to the standards for its approval. B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 1, Subsection F are met by the applicant and/or the agent, and authorizes the administration to issue a conditional use permit to the Icicle Seafoods to allow 19 Seward Planning and Zoning Commission Resolution No_ 2009-08 Page 5 of 5 modified cargo containers used as temporary structures to serve as employee living quarters/bunkhouses within the existing employee campgrounds on Lot 2, Block 3, Leirer Industrial subdivision at Lots 4 and 5, Block 3, Leirer Industrial Subdivision, subject to the above conditions. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320, Conditional Use Permits, and authorizes the administration to issue a conditional use permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval- Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7~' day of April, 2009. THE CITY OF SEWARD Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: lean Lewis, City Clerk (City Seal) 20 P&Z Agenda Statement Meeting Date: April 7, 2009 Through: Christy Terry, Community Development Dii1 From: Donna Glenz, Associate Planner ~q Agenda Item: Request for a Conditional Use Permit by Blaine Bazdazson for Icicle Seafoods, Inc. to allow modified cargo containers used as temporary structures to serve as employee living-quarters bunkhouses within the existing employee campground on Lot 2, Block 3, Leirer Industrial Subdivision within the Industrial Zoning District. BACKGROUND & JUSTIFICATION: Blaine Bazdarson as an agent for Icicle Seafoods, Inc. has applied for a Conditional Use Permit (CUP) to allow modified cazgo containers used as temporary structures to serve as employee living-quarters bunkhouses within the existing employee campground on Lot 2, Block 3, Leirer Industrial Subdivision within the Industrial Zoning District. T'he existing employee campground, also know as "Tent City" is located on the northern end of the parcel leased by Icicle Seafoods, Inc, just to the west of Northwestern Circle. The parcel currently contains a warehouse, storage and the existing employee campground. The Seward City Code, Land Uses Allowed Table ] 5.10.225, currently allows bunkhouses and employee campgrounds within the Industrial Zoning District by conditional use permit. The existing employee campground was reviewed by the Planning and Zoning Commission in May of 1991 and is inspected annually for life safety by the Seward Fire Department. SURROUNDING LAND USE AND ZONING: The intent of the Industrial Zoning District (I) is as follows: SCC§ 15.050.025, Land Use Districts--Established, Definitions, (10) Industrial district (I). Established as a district in which the principal use of land isfor business, manufacturing', processing, fabricating repair, assembly, storage, wholesaling and distributing operations, which may create some nuisance and which are not properly associated nor compatible with residential land uses. It is intended to provide environmental safeguards for people employed in or visiting the district. Some visual amenity is expected in this district to make it compatible with adjoining residential or business districts The property to the North contains a hardware store, boat repair and storage facility. Properties to the East contain a storage facility and a bulk fuel tank farm. Properties to the West contain a bulk propane tank and a large lot containing a bunkhouse, kitchen, dinning and bath house facility and other uses of the Icicle Seafoods plant. Properties to the South contain 21 a rental car agency and a warehouse. The use of the proposed temporary structures to serve as employee living quarters bunkhouses would improve the living conditions and the visual appearance of the exiting employee campground. There is no indication the development will negatively impact the value of any of adjoining properties. Development Requirements: The modified cargo containers used as temporary structures to serve as employee living quarters bunkhouses will require a temporary building permit- Temporary structures are allowed for a maximum of 180 days. The site location and zoning review will be assessed by staff during the building permit review process for the temporary structure building permit. The existing employee campground requires an inspection by the City Fire Chief each year, for life safety issues. Floodplain status: According to the FEMA Flood Insurance Rate Map, this parcel is not within a flood hazazd zone. Utilities: Water, sewer and electric are available to the property; however the modified cargo containers used as temporary structures to serve as employee living-quarters bunkhouses will not be connected to City water or sewer. Sanitary facilities are provided for the employee of the current campground site at the kitchen, dinning and bath house facility located within the Icicle Seafoods structure to the West. Electric service will be evaluated and reviewed during the temporary building permit process. The applicanUagent has met with City staff and is aware of these conditions. Adequate fire, police and solid waste disposal services are available to the property. Parking: The Zoning Code does not have a specification for parking for bunkhouses or employee campground, which is probably due to the scarcity of these facilities. This degree of flexibility allows for site-specific projections, based on the historical use patterns of the applicant. A ratio of one parking space to ten (1 to 10) occupants at maximum capacity should be sufficient, based on current and historic usage. Providing adequate parking for the employees will mitigate parking concerns in the area. CaNSISTENCY CHECKLIST: There is an identified community need for seasonal housing in Seward; improvement to the employee campground area for seasonal employees is consistent with both the Seward Comprehensive and Strategic Plans. Both plans encourage economic development and growth. Seward 2020 Comprehensive Plan (approved by Council, 2005) The Comprehensive Plan recommends continuing every effort to encourage the development of affordable housing for Sewazd's growing housing needs. 22 Strategic Plan (1999) The Strategic Plan encourages the expansion and availability of affordable, diverse, year-round housing. (page 18) • Seward has a wide range of housing alternatives to meet the varied needs of Seward's long term and seasonal residents. "I'he Strategic Plan also promotes residential and commercial development inside the City (page 9). • Encourage construction ofresidentia] and seasonal housing at all market levels. Property owners within three hundred (300) feet of Lot 2, Block 3, Leirer Industrial Subdivision, were notified of this proposed conditional use permit action. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code § 15. 01.040 were complied with. No public concerns have been expressed at this time, if any comments are received after this publication, they will be presented to the Commission at the April 7, 2009 meeting. PROPOSED CONDITIONS: 1. The modified cargo containers used as temporary structures to serve as employee living quarters/bunkhouses must meet the current building code requirements each year as adopted by the City of Seward. 2. Placement on site of the modified cargo containers used as temporary structures to serve as employee living quarters bunkhouses must meet all zoning and land use requirements of the Seward City Code. 3. The required parking shall be provided in accordance with SSC&15.10.215 Parkins to incorporate required parking by code or Conditional Use Permit for existing structures, and existing employee campgrounds at not less than a ratio of one parking space to ten (1 to 10) occupants at maximum capacity. 4. The use of modified cargo containers used as temporary structures to serve as employee living quarters/bunkhouses is subject to the definition of a bunkhouse, SCC~I 5.10.14Q Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared by several rooms and in which there are no individual cooking facilities. 5. The use and placement of the modified cargo containers used as temporary structures to serve as employee living quarters/bunkhouses shall meet the requirements of the Seward City Code, Article 6, Employee Campgrounds,§ 5.15.610 through 8.15.630. 6. Any off site storage, within the City Limits, of the modified cargo containers used as temporary structures shall meet the Planning and Land Use Regulations of Title l5. 23 7. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: A When changed conditions cause the conditional use to no longer conform to the standards for its approval. B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. RECOMMENDATION: The Community Development Department staff recommends approval of Resolution 2009-08 granting a Conditional Use Permit to allow modified cargo containers used as temporary structures to serve as employee living-quarters bunkhouses within the existing employee campgrounds on Lot 2, Block 3, Leirer Industrial Subdivision within the Industrial Zoning District. The Resolution includes the conditions recommended above. 24 25 Blaine Bardarson P.O. Box 689 Seward, Alaska 99664 Donna Glenz Community Development City of Seward P. O. Box Seward, Alaska 99664 February 26, 2009 i CtlY OF SFINAF.O r ~~ F E B ? 6 2ao9 i ~ t~LP,NNENG CFFiCE ~__- The local seafood processing industry has always had the problem of what to do with large numbers of relatively low paid employees of a short time. Some are left on their own, in which case they end up trespassing on private and public property with camp sites that have no toilets or other necessary amenities. Most are given an area to camp next to company bunk house facility. Tent city at Seward Fisheries has up to 170 workers jammed into a small area. They sleep in abandon cars, old camper shells with blue tarps on the roof and intents. The working environment at a seafood processing plant is cold and wet. The employees work 15 hours a day 7 days a week. They then have to sleep in a cold wet tent. The conditions are as bad as a third world refugee camp. It's just a matter of time before there are serious heath problems. The solution I propose is to provide low cost, clean and safe sleeping quarters on a temporary basses. These sleeping quarters are converted freight containers. They will be delivered to the bunk house area and then removed at the end of the season. Each 8' x 40' freight container has three 8' x 12' two bunk rooms with a door and egress window. The rooms also have two closets, dresser and desk similar to a dorm room. They are lighted electrically heated and have safety features like contiguous carbon dioxide- smoke detectors and fire extinguishers. The interior and exterior of the containers will he painted. This proposal will solve a big problem. If you need any more information call meat 362-3812 or email meat bardy ~seward.net . Sincerely, !" ~ ~~ ' / v Blaine Bardarson 26 CITY OF SEWARD -. COMMUNITY DEVELOPMENT OFFICE _ P.O. Box 167 • Seward, Alaska 99664 {907) 224-4048 CONDITIONAL USE PERMIT APPLICATION This completed application is to be submitted to the Community Development Department no later than three (3) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting held the first Tuesday of each month. The application must be accompanied by the 5250.00 filino fee; and if property is already developed, an as-built survey prepared by a surveyor registered in the State of Alaska; or scaled site and elevation plans for undeveloped land. APPLICANT INFORMATION Applicant: ~ )~~i/ o ~ Address: P 3~~- ~~/~ ~~'~ ~~ (~d-s~~ Tele hone No.: Property Owner (if other than applicant): L~ ~~'~ Address: .3~~fpJ l~l~{®y,~^ ~0~ ~J / ~SL?g^ ~f~y~ /~"~"`jT~,~ Telephone No.: 2Z4~ ~ ~~~` PROPERTY DESCRIPTION Address: -1 ~jf,7~' l 1/'~j.~ hr~~f~ J/~ z Sr~~Lot Size: (acres/SF) - , Lot Block Subdivision ~~~r~ 7,~-~-y~~ ~ Tax Parcel No. v~ ~ ~~031 Land Use Plan Designation: Zoning Designation: DEVELOPMENT PROPOSAL INFORMATION s A. What structures are located on the ro ert ~ ~ P P Y • W~ie-e~ig~,~ B. What is the existing use of the property? / _ ,, f T~ ~/- ~~~ ~~~~~ -~-.- --!~LIf1~1N1/f~ ~~77Jf2~.~G C. What is the proposed use of the property_ ~~ D. What is your development time schedule? ~y p 2 ,r -~ -~_ QIP PERMIT 11/99 1 of 3 27 E. Prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit fCUP}, it shall be established that the use satisfies the following conditions fSCC § 15.10.320): The applicant hereby alleges that: 1. The use is consistent with the purpose of the Seward Zoning Code and the purposes of the zoning district: 2. The. value of the adjoining property will not be significantly impaired: ~~ 3. The proposed use is in harmony with the Seward Comprehensive Plan: 4. Public services and facilities are adequate to serve the proposed use: 5. The proposed use will not be harmful to the public safety, health or welfare: Any and all specific conditions deemed necessary by the commission to fulfill the above- mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. CUP PERMIT 11!99 2of3 28 F. Include building elevation plans and a site plan, drawn to scale. The site plan should include: a) property dimensions; b) location and dimensions of existing and planned buildings; c) parking configuration; d) driveways/access; e) natural features; and f) other pertinent information. I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge, and that I, as applicant, have the following legal interest in the property: ( ) Owner of record; f ) Lessee; ( 1 Contract Purchaser; ( ) Authorized to act for a person who has the following legal interest: I also understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting held the first Wednesday of each month. Applicant's Signature: Property Owner's Sign Enclosed: Fee: $250 { ) Site Plan (•y~ Elevation Plans ( ) Location Map {ac}~ Other ( ) _~ s CUP PERMfT 17/99 3 of 3 29 Page 1 of 3 <Backto Content ~ Help? ~~~ ~a.CflFl'} art bcttFr r~t,iltc Converting Shipping Containers for Housing Steel shipping containers, often seen as rusting hulks stacked high upon the decks of cargo ships or in ports, are being converted into homes and building blocks. Inter-modal construction means applying many methods -often unconventional ones -for housing and commercial construction. It frequently implies recycling materials for reuse as building components. More than 50 years ago, the U.S. converted steel shipping containers for use as portable command centers and medical facilities in Korea. Now, architects, designers, planners, and homeowners are finding renewed interest in these inter-modal steel building units (ISBUs) as they look for affordable, sustainable housing options for the 21st century. Converting Containers for Construction Steel shipping containers can be used for affordable individual housing units or as building blocks for larger homes or structures. These units are designed to carry everything from vases to Volkswagens all over the world. They are sturdy, manufactured to international standards, easy to transport, readily available, and a great cure for urban blight. David Cross and his associates at Tampa Custom Equipment and Tampa Armature Works (TAW) are blazing a trail in container housing. "We asked ourselves, `How can we take a container and make it usable fora Shipping containers at Tampa Armature conuacter,"' Cross says of their initial Works are cleaned, prepped, and fitted for approach to designing container housing. windows and door openings before heading Starting in 2003, Cross and TAW began to off to the construction site. coordinate the development of a handful of container-built homes in South Carolina, Florida, and California. Prior to their involvement, there was no focus on adapting these containers for easy construction and use as housing units. "No one organization, in my mind, designed and executed a container house for Sally and Joe America before TAW," Cross says. With one house complete and three others under construction, consumers may well ask why build houses out of rusty steel boxes. S6ippiug Containers as Building Blocks Containers make structural sense. They are manufactured with heavy-gauge Corten steel to make them strong and fairly impervious to the elements. These ISBUs come in two standardized sizes - 40 x 8 x 8 feet and 20 x 8 x 8 feet. They are ideal building blocks and 30 htFn•//wwwhnhvilarnm/I1rn~vTn lihra,~,/~'~.,.,P....... ch;,,,,;.,rt !`r.+++~;,,Pr~ f.,r TI..,.~.:.,.,.R Zn»nnn Yage L of 3 can he stacked up to nine rows high without compromising their structural integrity. "These are much stronger than anything you'd nonnally build with," says Steve Armstrong, a structural engineer who partners with Cross in the design of these buildings. "They are designed to withstand the violent, pitching deck of a ship at sea." ISBUs are resistant to fire and insect damage, too. The corrugated-steel look is easily camouflaged inside and out with windows, siding, insulation, and drywall. Reducing Construction Costs and Environmental Waste Container-built homes are popping up in design competitions, urban planning sessions, and university housing discussions worldwide because they are ready-made, modernist design that is eco-friendly, efficient, consistent, strong, and available- This pre- durable, and visually exciting. fab architecture is likely to continue as a trend, helping to house homeless and displaced populations, build up without eating up valuable land, and create easy, modernist expressions for urbanites and nature lovers alike. "Through the use of an ISBU system, we can radically reduce the impact on the amount of trees needed for a home," says Cross. "By as much as 99 percent." The system is green, easy, and inexpensive. "It is an advantage that they are factory built. The structure goes up very quickly," Armstrong says. With manufactured building systems, there is no guesswork or fitting. They are built to specifications and aze consistent every time they arrive on site. This reduces time for the building crew and architects as they are working with known and reliable specs. "Pre-manufacture drives the costs down," says Armstrong. The savings come from reducing the on-site labor and shortening the materials list. "If this type of construction happens in large quantities, you will find significant savings," Armstrong says. Barriers to Container Building The number of container homes in the U.S, is still quite low, but developments like those in Desert Springs, California, Seattle, Washington, London, and Amsterdam are increasing their visibility. Builders themselves can often be a major barrier to new construction methods because it takes time to educate the crews. During that initial period, construction pace is down, which makes it more costly. In the long run, familiarity, ease, and speed will make this type of construction easy and affordable, especially in communities that lack affordable housing. _.:a This container has been prepared on site for Perhaps the biggest barrier to increased use as a building module. It has been 31 httn://www.bobvila.com/HowTo T,ihrarv/Cnnve.._.., Shinninu Cnntainerc fnr linnsinu-R . 3/'i/~(1t19 This model shows how shipping containers are converted for use as building blocks in a Page 3 of 3 production of container homes is the stigma insulated, painted, and fitted with exterior that is attached to the ugly metal boxes left doors prior to delivery. abandoned in urban slopping yards. Transformative thinking and a willingness to move outside of the box can bring this technology to the forefront of urban planning agendas everywhere. Text by Mark Fuller 32 httn://www_hohvilar.nm/HnwTn T,ihrarv/(~nnvPr...._ Rhinnin`r !-',,,,t~;,,P,-~ f,.r u,.,,~;,,.. u ~«~~nnn P&Z Agenda Statement Meeting Date: April 7, 2009 Fo: Planning and Zoning Commission From: Community Development Director Christy Terry Agenda Item: Confirmation of the Commission's Wishes on the Floodplain Ordinance Update (SCC Chapter 15.25 Floodplain Management) BACKGROUND & JUSTIFICATION• The Commission held two work sessions in January discussing revisions to the Seward City Code Chapter 15.25 Floodplain Management. These meetings were scheduled as joint work sessions with the Seward Bear Creek Flood Service Area Board and had additional advertising exceeding the standard public notice requirements. At the second work session, the Commission gave a general recommendation to postpone the Floodplain Ordinance update until the Kenai Peninsula Borough completed the proposed update to their Floodplain Code. In order to formalize their recommendation the item was part of the agenda on the February ]Th Special Meeting. The Commission postponed making a decision until the Borough's Flood Plain Task Force was able organize and have some initial meetings. At tonight's meeting, the Commission should formalize their direction to administration by making and approving a motion clarifying their wishes. Attached you will find a memo from Contract Administrator Bob Hicks clarifying the deficiencies in the current City of Seward Floodplain Management Ordinance. Commission McClure and 1 serve on the Kenai Peninsula Borough's Floodplain Taskforce and could report on the taskforce's progress in addressing floodplain development issues. RECOMMENDATION: The Commission should formalize their recomtnendations to the Administration on the Floodplain Ordinance Update. Possible motions: "[ move to postpone updating Seward's Floodplain Ordinance until the Borough completes then Floodplain Ordinance update." "I move to postpone updating Seward's Floodplain Ordinance until the Borough completes their Floodplain Ordinance update or until , 2009, whichever occurs first." "I move to continue updating Seward's Floodplain Ordinance." 33 MEMORANDUM TO: Seward Plaiming and Zoning Commission FROM: Bob Hicks, Conununity Development THROUGH: Christy Terry, Community Development Director SUBJECT: Deficiencies in Floodplain Management Ordinance, Ch. 15.25 DATE: Apri17, 2009 The City of Seward floodplain management ordinances govern floodplain development on the south side of the Resurrection River. Kenai Peninsula Borough floodplain management ordinances govern floodplain development in the same watershed on the north side of Resurrection River. These two sets of municipal ordinances must be campatihle fbr effeetine governance of development in the floodplain. The City of Seward has been studying floodplain management ordinances extensively during the past 18 months, first as a special project by John Bird for City Manager Phillip Oates, and then as a part of my assigned rewrite of Title 15. We have learned much, and have made substantial progress in understanduig administrative, ordinance-related floodplain problems during that time. Recently the Kenai Peninsula Borough Assembly approved the formation of a "Flood Plain Task Force." It is being formed "for the purpose of examination of current flood plain issues and the development of options for the Seward-Bear ('reek Flood Service Area." This comprehensive policy review by the Borough goes beyond mere administration and ordnrance drafting (the scope of the City's completed effort). It includes compiling historical data, reviewing existing development, and re-evaluating technical hydrological and hydraulic data, which probably will eventually result in ordinance proposals to the Borough Assembly. However; this initiative examhiurg issues and exploring options will not result in any newly enacted Borough ordinances until some date after the impending examination of issues and development of options by the task force, very likely to be more than a year from now. In the meantime, we know definitely that the present City ordinances governing floodplain development clearly do not wmply with even minimal federal requirements. This non-compliance could result in the City losing its Conununity Rating System status (providing reduced flood insurance premium rates), being placed on probation by FEMA, or even (unlikely but possible) being suspended from the federal program. The federal compliance deficiencies in the local Seward ordinances should be corrected as soon as possible. The fact that the City intends to cooperate with the new Borough 34 initiative reviewing issues and options, and eventually developing compatible ordinances, does not mean that the City should declare an absolute moratorium today on all corrective actions for floodplain management -suspending all imminently necessary ordinance- revisions for another year or morn Rather, the City should implement corrective ordinances today, and remain prepared to possibly revise floodplain ordinances a year or more from now if in tact Seward's floodplain regulations arenrcompatible with Borough ordinances enacted as a result of new issues and options developed by the Borough task force and the Borough Assembly. Stated another way, the City's intentions to work closely to ensure that local ordinances arc consistent with Borough ordinances is not a reason to stop the present, matured work- producl of the City for an unknown period of time into the future. The Borough's new initiative is only reason to recognize the possible need to revise the City's ordinance at some time in the future, if inconsistencies appear at some later date. For legal reasons stated below, I recommend that the Seward Planning and Zoning Commission should recommend to the Seward City Council that Chapter 15.25 of the Seward ordinances be revised to bring these regulations into at least minimal compliance with federal regulations now, together with the rest of the Title 15 revisions being proposed to the Council for revision. This course of action is consistent with the City continuing to work with the Borough task force, and it leaves open the possibility of additional or different revisions of these ordinances in a year or so if we find that the Borough Assembly adopts different ordinances addressing other issues and options reconunended by the newly formed task force. All of my connnents below compare and contrast the present SCC 15.25 with minimal regulations required by 44 CFR §§59.1 and 60.3, the federal regulations for local administration of the National Flood Insurance Program (supervised by FEMA). When I indicate what the Seward ordinance "should" say, I am only saying that federal regulations require Seward to adopt that standard as a rnininaum. Seward policy makers (P&Z Commission and City Council) could choose stricter regulations immediately, if you so choose. Also, with the exception of Continent No. 29 below, I am addressing in this Memorandum only those deficiencies that threaten the insurance rating and federal compliance status of the Cily. I am not addressing in this Memorandum innumerable other poorly drafted, ambiguous and contradictory provisions in the present Chapter 15.25, which defmitely should be edited for efl3cient administration, but which do not pose an immediate threat to the federal status of the City in the Conununity Rating System of the National Flood Insurance Program.' ' Failure of a local city to regulate floodplain development to at least the minimal standards in the federal regulations (44 CFR §60.3) can result in the community (1) losing its meritorious "community rating system" discounts in flood insurance premiums, such that everyone in the community pays higher 35 1. The definition of "breakaway wall" at SCC 15.25.020 fails to include potential damage to "the supporting foundational system," as required by the federal definition at 44 CFR §59.1. Moreover, the generalized definition of "breakaway wall" at SCC 15.25.020 in the Seward ordinance obfuscates much more exacting design-safe loading resistances and engineer-certifications required at 15.25.050(D)(3). Finally, it is a general rule of good legal drafting that; where a word or term is used at only one location in the chapter, definitional language should be placed at that location, both for ease of reading and to reduce the likelihood of conflicting broader, contextual misinterpretations. 2. The definition of a "coastal high hazard area" at SCC 15.25.020 does not comport with either the definition of that term in the federal regulations (44 CFR §59.1) or in the Borough Flood Insurance Study and the FIRM-mapped minimal regulation boundaries (V zones) for local jurisdictions. It should be defined as the upland boundary of a cresting a- foot wave atop a 100-year storm surge. The definition in the Seward ordinance also fails to tie this definition to special flood hazard areas (although that occurs by implication where "V" zones are identified as flood hazard areas elsewhere in the ordinances). Finally, the Seward definition errs in stating that FEMA-designated V zones include "tsunami" computations and considerations. That is incorrect. "V" zones are determined only by 100-year storm surge and 3-ft. waves cresting. There is no consideration of tsunamis in the measurements for these V zones. However, a significant amount of intormation about Seward tsunami hazards is available through sobering computer modeling developed by the University of Alaska Geophysical Institute. Seward could develop that concept of protecting "coastal high hazard areas" from tsunami hazards, if you want to do so. I would be happy to give you more information if you are interested in discussing that possibility further. 3. The definition of "floodway" at SCC 15.25.020 refers vaguely to "a designated height, usually one foot, at any point." (Emphasis mine.) It does not specify a height for Seward, but vaguely suggests -erroneously - that a one-foot rise in floodwater is permissible across the entire "floodway." We should not be referring here to aplain-English meaning of "floodway," but rather to a unique, more precisely defined "regulatory floodway" used by FEMA and defined at 44 CFR §59.1. The difference was apparently lost in the translation to the Seward ordinance. insurance rates, or (2) being placed on probation by FEMA, or (3) being suspended from the National Flood Insurance Program. 36 The FEMA "regulatory floodway" is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Stated another way, the FEMA `7egulatory floodway" is a hypothetical boundary drawn with the premise that the outermost real boundaries of the actual waterway that normally carries the base flood have now been filled to a theoretical newly compressed (and mapped) boundary, such that the floodwater elevation in the newly restricted theoretical channel has risen by one foot somewhere along the entire watercourse. That one-foot rise might not occur at the site being observed, but might occur many milts downstream. The area between the anginal base floodway and the depicted regulatory floodway is called "the fringe." Federal regulations allow that encroachments in this "fringe" can raise the base floodway a maximum of one foot somewhere along the entire watercourse. But federal regulations do not allow any rise whatsoever in the central, regulated floodway. That distinction is missuig from the definition in the Seward ordinance. In summary, by suggesting in the ordinance-definition that aone-toot rise `4rsually" is allowable across the entire floodway, Seward's orduiance does not comply with minimum local enforcement requirements to qualify for federal flood insurance subsidies, and, that defmition conflict with the later requirement in Seward ordinances of a "no- rise" (as opposed to one foot) certificate in 15.25.050(0)(1). 4. The definition of "flooding" at SCC 15.25.020 fails to uiclude water-caused erosion and mudslides, both of which must be regulated by Seward in accordance with the federal defmition of "flooding" at 44 CFR §59.1. The definition of "flooding" at SCC 15.25.020 also refers to "normally dry land areas." Although that language follows the federal regulation, it's an arguable proposition in Seward In this maritime climate; we should be defming ordinary conditions as "normally dry or merely wet ...." 5. The term "flood hazard area" is defined at SCC 15.25.020 as what the federal regulations call more precisely a "special flood hazard area." Flood maps use the same federal phrase. "Development" (as defined at SCC 15.25.020) is not regulated in all "flood hazard areas" per the defmition at SCC 15.25.020, but only in some undet3ned, narrower "special flood hazard" areas. This creates an ambiguity in the enforcement powers ofthe administrator. At SCC 15.25.040(B)(6), the local administrator is instructed to interpret the boundaries of "areas of special flood hazards," but at SCC 15.25.050(A) the standards apply to "all flood hazard areas." The different phraseology suggests a difference in law that doesn't exist in fact. 37 While the definition of "flood hazard area" in the Seward ordinance states, "Designation on maps always includes the letters A or V," FEMA calls those A and V zones "special flood hazard areas." The defmition in the Seward ordinance for a Flood Insurance Rate Map contradicts the local Code's defmition of "flood hazard area," by stating that these designated areas on the FIRM are "special flood hazard areas." Everything, throughout the Seward ordinances, should be defined and described consistently with the same phrase, namely "special flood hazard areas" and not "flood hazard areas" some places and "special flood hazard areas" other places. 6. Only the "FIRM" (Flood Insurance Rate Map) is defined and adopted by reference at SCC 15.25.020. But Seward is also regulating the floodplain by another kind of a map, the Flood Boundary and Floodway Maps ("FBFM"), which is neither defined nor adopted by reference as a part of the local ordinance. (All Seward "floodways" -the zones of highest velocities and greatest hazards -are depicted on FBFMs, not on FIRMs.) 7. As a converse to paragraph 6 above, SCC 15.25.040(A) states that the City of Seward requires a permit only for development `within flood hazard areas established in §15.25.030(B)," which, in turn, refers precisely and only to the 1981-83 "FIRM" maps, not the FBFM maps (where floodways are delineated). Arguably, Seward does not require a permit for development in floodways because Seward specifically states it requires permits only for development in flood hazard areas establishes on "FIRM" maps and floodways arc not depicted on FIRM maps. H. Like the omitted FBFMs, the FEMA Flood Insurance Study for the Kenai Peninsula Borough (which includes the City of Seward) has not been adopted by reference as a part of the Seward floodplain management ordinance, despite the fact that it is by far the most fundamental document for what SCC 15.25.030(B) calls the "basis for establishing flood hazard areas." The FIS must be referenced regularly by a floodplain manager, both for interpreting the maps and for determining permit requirements at specific locations. It is the fundamental source-document containing • local hydrological and hydraulic data, • stillwater elevations, • drainage areas and peak discharges for the base flood, • descriptions of "V" zone transect locations, • "V" zone transect data including base flood elevations, 38 • floodway velocities, • base flood elevations in regulatory floodways, and • flood profiles depicting on graphs the base flood elevations between cross- sectioned locations on the maps. The Flood Insurance Study is referenced internally at SCC ] 5.25.040(B)(4)(a), but it is not formally adopted by reference as the essential piece of floodplain management that it represents in administration ofthe floodplain. 9. The definition of "lowest floor" at SCC 15.25.020 fails to indicate that the measurement occurs at the "top" of that floor. This detail is important because, by contrast, in a coastal high hazard V zone, the measurement is taken at the "bottom" of the lowest horizontal structural member. Also, while this "lowest floor" definition in the Seward ordinance includes a "basemcnt," the ordinance fails to define a "basement." In the FEMA regulatory world, a "basement" is a much more limited and technical concept than ordinary parlance would suggest, and it needs to be distinguished in definition from e.g., a crawlspace, or a foundation or a cellar or a garage below grade on only two or three sides. 10. The definition of "manufactured home" at SCC 15.25.020 includes recreational vehicles (by other names) if they remain on site more than 180 consecutive days. A person can get around this Seward regulation simply by removing the RV on the 179`h day and returning it to the site on the 181 S` day. (The federal regulation suffers the same defect.) The FEMA regulations (but not Seward's ordinance) provides that an RV being "fully licensed. and ready for highway use" is another alternative distinction from a manufactured home, and 44 CFR §60.3(c)(14) defines precisely what is meant by the phrase quoted above. 11. The definition of "starC of construction" in the Seward ordinance does not contain a separate and distinct definition of "actual start" fora "substantial improvement," unlike the federal regulation, 44 CFR §59.1, For purposed of measuring time (to ensure construction starts within 180 days of issuance of a building permit), the federal regulation offers one definition of "actual start" fora "substantial improvement" and another definition of "actual start" for other construction of structures. The Seward orduiance-definition treats both the same, thereby causing ambiguity in the tuning of compliance for "substantial improvements." 12. The definition of "substantial improvement" does not comport with the definition of that term at the federal regulation, 44 CFR §59.1, particularly regarding the related legal concepts of "start of construction," the tie-ni with "substantial damage" in the 39 federal regulations, and the exceptions granted for con•ective construction and for historic structures.. While the Seward ordinance defines "start of construction," and the federal definition of "substantial improvement" is tied back into such a definition of "start of construction," the Seward definition of "substantial improvement" does not measure value in terms of "start of construction," but rather in terms of "before the improvement or repair is started" - a concept nowhere defined in the orduiance or federal regulations. Clearly Seward is saying something different from the federal regulations, but we would be hard- pressed to describe exactly how the ordinance applies to a real factual circumstance. Secondly, unlike the federal regulations, the Seward ordinance does not define "substantial damage," but nonetheless tics "substantial improvement" into that concept (in a legally acceptable, but vague manner). The concept of "substantial damage" plays significantly into defining the limits of grandfathering rights of citizens. Thirdly, construction to correct code violations, and construction at historic structures are, in the federal regulations, made exceptions to the general rule.. The Seward definition contains no such exceptions from "substantial construction." 13. Because the Seward ordnnance does not define and use the concept of "substantial damage" found un the federal regulations, there is no clear grandfathering limits for structures damaged in a flood. A legal 'interpreter must parse a meaning from the definition of ``substantial improvement," and the result is uncomfortably ambiguous. Seward's ordinances should have a clear statement of what level of damage results in loss of grandfathering rights to reconstruct apre-existing structure. 14. For all development in the flood hazard areas, elevation information is required at SCC § 15.25.040(A)(2) "in relation to mean sea level." Again, at SCC ~15.25.040(B)(4)(b)(i), the reference occurs "in relation to mean sea level." However, Seward's maps are based specifically on National Geodetic Vertical Datum of 1929 ("NGVD"). For clarity, the ordinance should refer specifically to that standard datum of reference in the maps that the administrator will be using. (The federal regulations also use the less clear term, "mean sea level," however, unlike the City ordinance, the federal regulations include a definition of that term, demonstrating clearly that they mean NGVD. A simpler, less convoluted method of legal drafting is to use the NGVD reference itself.) 15. Cert~cations "by a registered professional ... architect" are allowed at three locations in the Seward ordinance.'` However, in Alaska, architects are not necessarily qualified to give these certifications. That possibility should be deleted fiom the Seward ordinance. ~ SCC §1525.040 (floodproofing methods). SCC §15.050(B)(1)(b) (alternatives to scuppers for enclosed areas below the lowest floor). SCC § 1525.050(C)(1) (no rise in regulated floodways) 40 76. SCC §15.25.050(A)(1)(a) merely states that construction must be anchored "to prevent flotation, collapse, or lateral movement of the structure." The federal regulations state, more precisely, at 44 CFR §60.3(a)(3) that the anchoring is to prevent "... movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy...." This additional qualifying standard is important because, at some locations in both the federal regulations and the Seward ordinances, only the "hydrostatic" loading standard applies. 17. SCC §15.25.050(A)(1)(b) requires only that manufactured homes must be anchored. However, 44 CFR §60.3(b)(8) requires that local regulations must require that manufactured homes be both "elevated and anchored...." Also, the federal regulation cited above makes clear the fact that the anchoring standard is "in addition to applicable State and local anchoring requirements for resisting wind force." That clarification is missing from the Seward ordinance. 18. SCC §15.25.050(A)(4) and its sub-subsections apply only to "subdivision proposals" in Seward, but the federal regulations at CFR §60.3(a)(4) require the same standards for "manufactured home parks" (which may or may not be a subdivision). 19. While 44 CFR §60.3(b)(3) requires a developer of a subdivision or manufactured home park to include base flood elevation in the application, if that information is not available on the maps and if the development is larger than either 5 acres or 50 lots, SCC §15.25.050(A)(4)(d) vaguely states in the passive voice,4 "it shall be generated...." Any reasonable person can ask, "By whom"`? There is no clear statement that the developer must generate this information, not the City. 20. Where anon-residential structure has been waterproofed, SCC §15.25.050(B)(2)(c) requires only that a registered professional engineer certify that the standards have been met. But the federal standard at 44 CFR §60.3(c)(4)(i) also requires that the registered engineer "shall develop and/or review structural design, specifications, and plans for the construction...." This professional representation of either hands-on design or thorough review, along with the professional certification, ensures that the certification is not founded in partial information. It should be a part of the City's ordinance.5 21. SCC §]5.25.050(B)(1)(b) requires scuppers to equalize hydrostatic flood forces for "[i~ully enclosed areas below the lowest floor that arc subject to flooding...." But 44 CFR §60.3(c)(5) defines these enclosed areas more precisely, and requires that these enclosed areas must he `usable solely for parking of vehicles, building access or storage ~ E.g., 44 CFR §603(5) and SCC §15.25.050(B)(1)(b) require scuppers iu enclosed spaces to "equalize hydrostatic [but not hydrodynamic and buoyancy] flood forces." a Use ofthe passive voice in legal drafting frequently results in creating ambiguities. This is an example of that happening. 17ie ordhrance fails to state clearly that it is the developer :r responsibility to generate this data. s While the Seward ordinance fails to include this detail of compliance with federal regulations at SCC §152.050(B)(2)(c), the Seward ordinance does meet the same federal requirement of both professional representation and certi/ication in the context of coastal high hazard areas at SCC § 15.25.050(D)(2)(c). 41 ul an area other than a basement." The Seward ordinance should be amended to add those qualifiers. 22. SCC §15.25.050(B)(3) contains two defects related to manufactured homes. First, it fails to recognize grandfathering rights acknowledged in the federal regulations, which, by contrast, distinguish how manufactured homes should be treated according to the status of the mobile home park (pre-existing or new or expanded), and whether the earlier manufactured home was "substantially damaged." 44 CFR §60.3(c)(6) and (12) Secondly, SCC §15.25.050(B)(3) refers back, for "adequate anchoring," to simpler, vaguer standards at SCC §]5.25.050(A)(1)(b), when in fact the federal regulations require that the local government apply stricter standards of anchoring (including foundational anchoring) wherever base flood elevation information is available on maps. 23. While the federal regulations at 44 CFR §60.3(c)(8) require that residential structures have the lowest floor elevated at ]east two feet if the FIRM does not include highest adjacent grade in an AO zone, the Seward ordinance says nothing about AO zones. (An AO zone is sheet flooding with unpredictable flow patterns, usually alluvial in nature. There are no established water surface elevations or base flood elevations in an AO zone.) 24. SCC §15.25.050(c)(1) provides for no-rise certification by a professional engineer for development in a floodway. However, it does not state the no-rise standard of determination required by the federal regulation. 44 CFR §60.3(d)(3) requires that it must be "demonstrated through hydrologic and hydraulic analyses performed in accordance with standard enguieering practices...." That precisely stated, federally required measure of assurance should be added to the City's ordinance. (In one sense, the City's ordinance exceeds the federal standard, by requiring no-rise "certification" by a registered professional. The federal regulation does not require certification per se, but only that the no-rise condition be "demonstrated" usuig methods described above.) 25. SCC §15.25.050(D) adds additional design and construction requirements for structures in a "coastal high hazard area." But the introductory sentence of that ordinance refers vaguely to being "in addition to meeting all provisions in this ordinance." What is "this ordinance"? Is it the subsection, the section, the chapter, the title? The sentence should state more precisely "ni this chapter." 26. SCC §15.25.050(D)(3) provides that spaces below the lowest floor must be "constructed with breakaway walls." The federal regulations provide, more specifically, "constructed with non-supporting breakaway walls, open tivood lattice-work, or inseci screening intended to collapse under wind and water loads...." The "non-supporting" qualifier is the only significant omission ul the Seward ordinance. 27. SCC §15.25.060(b)(2) allows a variance for reconstruction of structures listed on the National Register of Historic Places. By contrast, the federal regulation provide more precisely, at 44 CFR §60.6(a), that this variance is possible only after "a 42 determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure acid the variance is the minimum necessary to preserve the historic character and design of the structure." . SCC § 15.25.060(b)(2) also states that the exception for historic structures occurs "without regard to [sic] the procedures set forth in this section." However the federal regulation requn•es the historic structure question to go through the full variance-review process. 28. The federal regulations require that the community official notify the applicant for a variance "that (i) the issuance of a variance to construct a structure below the base flood level will result ut increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance and (ii) such construction below the base flood level increases risks to life and property." 44 CFR §60.6(a)(5) But the Seward ordinance falls far short of that federally required level of notice. SCC §15.25.060(b)(8) states only that "Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cast of flood insurance will be commensurate with the increased risk resulting form the reduced lowest floor elevation." 29. Alluvial floods are high velocity floods. Lt Seward's alluvial flooding, these high velocities carry huge quantities of bed-load gravels, causing remarkable erosion and accretion along the watercourse that changes the course of floodwaters literally overnight - far more quickly than FEMA can afford to remap Seward. The consequence is that natural flood accretion has filled some areas within FIRM and FBFM regulated "A" zones, such that these areas are no longer special flood hazard areas, and, natural flood erosion has scoured some other areas outside the FIRM "A" zones, such that they now are special flood hazard areas. In short, FIRM and FBFM mapping cannot be revised fast enough to keep up with changing terrain, and yet floodplain regulation is restricted to mapped "A" zones. In the present ordinance, the local Seward administrator has no legal authority to regulate beyond obsolete A zones, and developers on high, dry property must get permits because the land remains in these obsolete A zones. (FEMA does offer map amendment and tnap revision procedures, but small landowners should not be put to the expense or time required to gain these federal amendments and revisions, if possible.) The definition of the "base flood" is founded in frequency of recurrences of flooding. The fact that we have experienced severe flooding outside the designated "A" zones in 1986, 1995 and again in 2006 suggests (almost intuitively) that the designated "A" zones on 1983 maps no longer define base-flood boundaries for the City of Seward. However, as noted above, nothing in the present ordinance authorizes the local administrator to review development for floodplain compliance outside these obsolete "A" zones. t' ~ Some have argued that SCC 15.25.040(B)(3) grants the local administrator authority to regulate areas beyond A zones, using data other than the FIS and FIRM/FBFM information. However, that sub- 43 Because the grossly outmoded Seward maps no longer have a reasonable relationship to the legitimate governmental purpose of effective floodplain management, I recotrunend that the local administrator should be granted ordinance authority to review development in a broader category of "flood-prone areas," (as opposed to more limited "special flood hazard areas"), in a manner similar to what FEMA provides at 44 CFR §60.3(x) for communities that have no mapped A zones yet. I would be happy to describe this idea in greater detail, if you are interested in hearing more about it. For all of the reasons stated above, my recommended revisions of Title 15 will include revisions of Chapter 25, to bring Seward into minimal compliance with FEMA regulations, until the Borough task force and Borough Assembly bring forward something specific for additional or different ordinance revisions at the City level. subsection limits the administrator's discretion to "when base flood e]evation data has not been provided in accordance with § 15.25.030(B). i.e. to the unnumbered A zones, or, A zones with no base flood elevation provided. It also limits the use of that data "to administer subsection B., Specific standards and C, Floodways, of §15.25.050." SCC §]5.25.050 is limited, by its awn terms, to application "in all flood hazard areas," which, as noted above, are defined as only A and V zones. Moreover, sub-subsection, SSC 15.25.040(B)(3), cannot be read to apply more broadly than its parent sectional parameter, and SCC 15.25.030(A) limits this broader sectional parameter to "flood hazard areas established in §15.25.030(B)." We need some ordinance authority from the City Council to get beyond the limits of the "flood hazard areas" defined in the FIRM, and to authorize the administrator to use state, federal and other data to review for permitting needs in a broader category of"flood-prone areas." 44 MEMORANDUM Date: April 7, 2009 To: Planning and Zoning Conunission Through: Community Dev. Director Christy Terry From: Executive Liaison Anne Bailey Subject: Discuss the Planning and Zoning priorities in preparation for Council and Board joint work session scheduled for April 8, 2009 at 6:00 p.m. BACKGROUND & JUSTIFICATION: The City Council has set a joint work session with Planning and Zoning on April 8, 2009 from 6:00-7:00 p.m. to discuss Planning and Zoning's priorities. The 2008 Planning and Zoning Priorities are attached. Track changes and staff comments have been incorporated for your review. Annually, priorities are proposed by the Commission and confirmed by Council. Please review and discuss recommendations to bring to Council during tomorrow's work session. RECOMMENDATION: Staff recommends the Board review 2008 Planning and Zoning Priorities information and make any changes they deem necessary in preparation for the joint work session with Council. 45 Sponsored by: Planning and Zoning Commission CITY OF SEWARll, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-09 A RESOLUTION OF THE SF,WARD PLANNING AND ZONING COMMISSION RECOMMENDING THE PLANNING COMMISSION PRIORITIES FOR 2008 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 areas of mutual concern; and WHEREAS, the Commission and Council held a joint work session, updated and reviewed the Planning and 'Coning 2007 Priorities List on March 25, 2008; and WHEREAS, at the April 1, 2008 meeting the Planning and Zoning Commission reviewed and prioritized the Priorities List; and WHEREAS, at the May 8, 2008 meeting the Planning and "/.oning Commission reviewed and approved the 2008 Planning and Zoning Priority List; and WHEREAS, the Planning Department have adequate staffing to accomplish the priorities listed below. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The following List of Priorities for 2008 is hereby approved: PRIORITIES 1) Recruitment for P & Z (One Conunissioner is needed.) 2) Rewrite of Title 15_(~7~~15,hicks is cun-ently draltin~. The draft should be con?pleted in 30 -- da~s and we can bcgi~l T,->>ork sessions osi ?~~tav 19, 2009. T'he Cornrnissi~n i1e~d_s_to decide if they will move forward with the I~loo_c[plain C)rdinance•i 3) Municipal Lands Management Plan (1995)- Update in conjunction with the Capital Improvement Plan and the City Land Disposal Policies and Procedures- Review and Update (l~cizy martin was hired tc bCHin this update and has completed the initial property ownership data collection. Community Develo~nent Staff will begin [he plan updates when the data has been transferred.) ~~ ni,,..~:..,. ~~,,.,,..,:~~:,.., o„io~ ,.+ n..,.,.oa,.,.o., n~.,,i,.~ (Cnmpleled~ 46 Seward Planning and Zoning Commission Resolution 2008-09 Page 2 of 3 5) Enforcement- inclusive of the following but not exclusive of other enforcement issues Code Violations and CUP's (Adequate Staffing) (Adequate staffing has been achieved. Compliance with City Code is an on-going item UpdatnQ Chapter 1 ~ will clarify ~~~hat regulations should be in the code and what the community ~NOU~d like entorced. See priority ~'2 for status of code uxrdate.} 6) Meet with Port and Commerce Advisory Board to discuss the South Harbor Uplands. (P&Z and Council have authorized the Souti-t [ larbor Uplands Fiat. "1-his ~~,-ill be ~o before the Borottrh for app--oval. Onve~proa~ed - P ~k G ~h-ill determine the ~13nn~ designation. PACAB has passed a resolution with their recommendation. Developm_eut plans for the area could involve a ~oint work sessicn. but should also include Council t 7) Waterfront Park Replat (Administration would like to complete T~~~o Laires Parr Replat n7 2009 and complete the Waterli-ont Park Replat in 2010. 'hhere are y-6 parcels that require deeds. The cost to replat wilt have to be approved be Council in the 2GIG buds 8) Two Lakes Park Replat (A surveyor waa contracted to provide an as-bailt of the emer~encv evacuation route. This is the first step in replattin, Tw%o Lakes Part. _~dministratiou would like to complete in X009 ~ fain there are 5-6 arp cell that re uirc deeds. This item is currently in the budget. 9) Nash Road Bench Study ~o roG~ess at this time. Not a bnd~eted item._Administration could pursue a rfp for a study if this remains a prioritYand this could be part of the 201 Q hud~et.) 10) Annual Community Values Meeting- February 2009 (P&Z is revive,-inr the ce~m!nur~it,r ~~alues notes from the previous 2006 public n~ecting Au amrual reviev~r of the Comprehensive Plan is reouircd trader SCC ~ 2. X0.225 Powers and duties (3). Once tI>i~ year's reviely is completed a public hearing must be held This should more correctly read for "Annual Review of the City of Seward Com rehensive Plan." FOLLOW PROGRESS MADE BY OTHER ENTITIES AARC Master Plan ^ ~-~-~^~-' "~~°'°- ~'~^ Completed and submitted to the City of Seward.l Parks and Recreation Master Plan (1993) (In progress.) Section 2. This resolution shall take effect immediately upon its adoption. 47 Seward Planning and Zoning Commission Resolution 2008-09 Page 3 of 3 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 8~h day of May, 2008. THE CITY OF SEWARD, ALASKA AYES: Anderson, Heinrich, McClure, Keil NOES: None ABSENT: Roach' ABSTAIN: None VACANT: Two ATTEST: Jean Lewis City Clerk, CMC Marianna Keil, Chair (City Seal) 48 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING ANll ZONING COMMISSION RESOLUTION 2009-07 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A SECOND SIX MONTH EXTENSION TO CONDITIONAL USE PERMIT NO. 2008-03, ISSUED TO NATHAN ORR FOR THE REMODEL AND CONSTRUCTION OF A 34 UNIT MOTEL ON LOT 3A, BLOCK 18, FEDERAL ADDITION, ORR REPEAT, 909 FOURTH AVENUE WITHIN THE CENTRAL BUSINESS DISTRICT WHEREAS, on April 15, 2008 the Planning and Zoning Commission approved Resolution 2008-06 granting a Conditional Use Permit (CUP) to Nathan Orr to remodel, construct and operate a 34 unit motel on Lot 3A, Block 18, Federal Addition, Orr Replat, 909 Fourth Avenue; and WHEREAS, the Seward Zoning Code (SCC) §15.10.320.G(1) stipulates an approved CUP lapses six (6) months after approval if no building permit is procured or if the allowed use is not initiated; and WHEREAS, (SCC) § 15.10.320.G(2) states the Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant a reconsideration of the approval of the CUP; and WHEREAS, on October 21, 2008 the Planning and Zoning Commission approved Resolution 2008-15 granting a six (6) month extension to original Conditional Use Permit number 2008-03; and WHEREAS, on March 17, 2008, Nathan Orr requested a second six month extension of CUP 2008-03, stating within the request there had been no changes to the original plan. NOW, THEREFORE, BE 1T RESOLVED by the Seward Planning and Zoning Commission that: Section 1. Circumstances have not changed sufficiently to warrant reconsideration of the Conditional Use Permit issued to Nathan Orr on April 15, 2008 to remodel and construct a 34 unit motel on Lot 3A, Block 15, Federal Addition, Orr Replat. Section 2. Conditional Use Permit number 2008-03, issued to Nathan Orr on April 15, 2008 and extended on October 21, 2008 is hereby issued a second extension until October, 2009. 49 Seward Planning and Zoning Commission Resolution 2009-07 Page 2 of 2 Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7"' day of Apri12009. THE CITY OF SEWARD Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: One ATTEST: Jean Lewis, CMC City Clerk (City Seal) 50 P&Z Agenda Statement Meeting Date: April 7, 2009 Through: Christy Terry, Community Development irecto ~~~ From: Donna Glenz, Associate Planner Agenda Item: Resolution 2009-07 granting a second six month extension to Conditional Use Permit 2008-03 issued to Nathan Orr to allow demolition, remodel and construction of an additional 22 units, for a total of a 34 unit motel on Lot 3A, Block 18, Federal Addition, Orr Replat, 909 Fourth Avenue BACKGROUND & JUSTIFICATION: On March 17, 2009, Nathan Orr, owner of Murphy's Motel submitted a request for a second six month time extension for Conditional Use Permit 2008-03. This request for an extension was submitted prior to the expiration of the permit. The plans by Nathan Orr to demo, remodel and construct an additional 22 units on Lot 3A, Block 18, Federal Addition have not changed. Seward City Code § 15.10.320.G(1) stipulates an approved Conditional Use Permit lapses six (6) months after approval if no building permit is procured or if the allowed use is not initiated. Conditional Use Permit 2008-03, issued to Nathan Orr lapses April 2009, which is six (6) months after the first extension was granted. Seward City Code § 15.10.320.G(2) states the Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant a reconsideration ofthe approval of the CUP. Nathan Orr has stated in the written extension request that no changes have occurred or are planned. Construction plans are hoped to be completed and submitted to the City for a building permit in the spring of 2009. CONSISTENCY CHECKLIST: Yes No Seward Comprehensive Plan (20201 X 3.2.1 Promote residential and commercial development within the city of Seward in accordance with community values. (page 19) Promote expansion and development of local entrepreneurial businesses. (page 16) Strateeic Plan (1999) X The Strategic Plan encourages development that is consistent with our economic base vision. "Promote Residential and Commercial Development Inside the City." (Page 9) RECOMMENDATION: Staff recommends approval of Resolution 2009-07, granting Nathan Orr, Murphy's Motel a second six month extension to Conditional Use Permit 2008-03. 51 r--- ------__-..~._ _ ._._ . Murphys Motel 900 Fourth Ave. Seward Alaska March 17, 2009 Donna Glenz Associate Planner City of Seward i NCR 1 ' 2009 i ~PLN~!NING OFFICE ~ f ~ Donna Please submit a request for time extension to the commission for CUP re: expansion of Murphys motel. We are still involved in Engineering and other issues and could not start before. The project will proceed as it was originally submitted. No change to design or usage. Respectfully Nathan Orr 52 SEWARD PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT N0.2008-03 (amended 1999-03 CUP) Extension by P&Z Resolution 2008-15, 1Ot21R008 ISSUED TO: Nathan Orr Murphy's Motel 909 Fourth Avenue P O Box 1409 Seward AK 99664 EFFECTIVE DATE: Apri125, 2008 LOCATION: Lot 3A, Block 18, Federal Addition This Conditional Use Permit is granted by the Seward Planning and Zoning Commission to the Nathan Orr dba Murphy's Motel to amend Condifional Use Permit 1999-03, to demo, construct and operate a 34 unit motel located at 909 Fourth Avenue, within the Auto Commercial Zoning District, subject to the following conditions: 1. In accordance with the Land Use Plan designation of Auto Commercial and to minimize the impacts on the adjacent properly to the south, a minimum five foot setback is required along the south property line. (This condition shall remain in affect) 2. A total of 28 off street Barking spaces will be provided for the 34 unit motel during the life of the motel. The location of the 28 pazking spaces required must be approved by the staff through the building permit process. 3. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. 4. A traffic ingress and egress plan shall be submitted to and approved by the City. 5. The applicant shall continue to work with the City staffthrough the building permit process to address and accomplish the required upgrades to the public utilities. 53 ~~, Conditional Use Permit 2008-03 Page 2 6. The Planning and 'Coning Commission may modify this conditional use permit if changed uses no longer conform to the standards and legal requirements justifying its present approval, or if the pennittee applies for a modification to meet a different development plan that conforms to the standards and legal requirements for approval of a conditional use permit- 7. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shall occur only after payment of the filing fee established by resolution of the city council. An approved conditional use permit lapses six (6) months after approval if no building pernut is procured ar if the allowed use is not initiated. The Seward Planning and Zoning Commission may grant time extensions not to exceed (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time (SCC' 15.10.320.G). Failure to adhere to all the conditions of this permit may result in revocation of the permit and possible civil and criminal penalties. PASSED AND APPROVED by Seward Planning and Zoning Commission Resolution No.2008-06, April 15, 2008; Extended by Reso 2008-15, October 21, 2008. THE CITY OF SEWARD, ALASKA By: onna Glenz Planning Assistant RETiJRN TO: Planning Office City of Seward P.O. Box 167 Seward, AK 99664 54 ~~ --, A_ Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION .RESOLUTION 2008-06 A RESOLUTION OF THE SEWARD P~.ANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, AMENDING- THE ORIGINAL ;CONDITIONAL USE PERMIT ISSUED Tfl NATHAN ORR BY RESOLUTION 99-04 TO ALLOW DEMOLITION, REMODEL AND :CONSTRUCTION OF A 22 UNIT MOTEL ON LOT 3A, BLOCK 18, FEDERAL ADDITION, ORR REPEAT, 909 FOURTH AVENUE WHEREAS, applicant I+lathan Orr was granted a Conditional Use Permit (CUP) by Planning and Zoning Commission Resolution 99-04, on June 2, 1949 to develop a 12 Unit motel on Lots 3 and 4, Federal Addition, and WHEREAS, the applicant has applied to amend the original CUP to remove remodel and construct a 22 unit motel on the replatted parcel of Lot 3A, flock 18, Federal Addition, Orr Replat, for a total of 34 units, and WHEREAS, the parcel is currently zoned Central Business District (C$D), and WHEREAS, according to the Seward City Code, § 15.1.0.225 Land Uses Allowed Table, a motel within the Central Business ;District {CBD) is a conditionally permitted use, and WHEREAS, having complied with the public notification process, the Seward Planning and Zoning Commission held the required CUP public hearing on April 15, 2008_ NOW THEREFORE BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section i. According to SCC §15.10.320.D, the Commission shall establish findings that the use satisfies the following conditions prior to granting a conditional use permit: "The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district " (SCC §15.10320.D.1) 55 Seward Planning and Zoning Cotnnrission Resolution No. 200 - Page 2 a Findings: This condition has been or will be established through the conditions. ~ Zoning: The property is zoned Central Business District (CBD). The Central Business District is intended to provide fot an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. Hotels and motels are allowed in the Central Business District by Conditional Use Permit. Setbacks. There are na building setbacks required in the CBD, except where the CBD abuts a residential district a minimum setback equal to that required of the abutting residential district is required. Although the abutting parcel to the South is caned Central Business District the use has been a single family home with a business. Condition number 1 of the existing CUP states "a minimum five foot setback is required along the south property lure. " Based oa the submitted site. plan a five foot setback from the south property lure was provided during the construction of the existing two story 12 unit structure and this condition shall continue to remain in affect. Parluna. 'T'he current site plan identifies off-street parking for the motel. Although the Zoning Code does not require any on-site parking in the CBD, condition number 2 of the existing CUP required "one a,,~-street parlEing space per guest unit for a total of 12 on-slte parlaing spaces". In zoning districts that require Parking, hotels and motels ere required to provide one space Per guest unit. Based on the submitted site glen, the developer continues td provide the currently required 12 spaces plus 16 additional on site spaces for a total of 28 spaces. Based on historic occupancy records of Murphy's Motel, the developer has submitted a request that the Commission allow less than a full space per unit. The developer has requested a .8 ratio for the 34 units for a total of 2'7.2 or 28 foil spaces. "TJFt uelra of aiyoinisg pioperiy will nor be slgn~icwrtly impaired" (5CC §15.10.320.D.2) Finding: This condition has been met. The neighboring properties are predominantly commercial including an auto service business and boat storage yard to the north; business and single family homes to the south; the city-owned ball field to the east and a bank and commercial office building to the west. The existing I? unit motel has operated for many years on the same par+eel. There is no indication that the proposed 56 Seward Planning and Zoning Commission Resolution No. 200 - 6 Page 3 remodel and expansion of the motel would negatively impair the value of adjoining property. Condition number 3 of the existing CUP required "All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one ar more of the followi»g: lawn grass, natural or ornamental shrubbery or frees. " This condition shall continue to remain in af, j`ect. "The proposed use Is In karnrorry with the Seward Comprehensive Plan." (SCC §15.10.320.D3) Finding: The proposal is in harmony with the Seward 2020 Comprehensive Plan and Strategic Plan in that both plans encourage growth of year-round business. Sewall 2020 Cumnrehensive Plan Promote residential and commercial development within the city of Seward in accordance with community values. (Section 3.2.1 at Vol. 1, page 19) Promote expansion and development of local entrepreneurial businesses. (Community Values at Vot. 1, page l6) Strs~pig Plan The Strategic Plan encourages development that is consistent with our economic base vision. "Promote Residential and Commercial ,r Development Inside the City." (page 9) "Public Services and facilities are adequate to serve the proposed rrs~" (SCC §15.10.320.DA) Finding: This condition has been or will be established through the conditions. Water, sewer, and power are available to the property; however city staff has indicated that upgrades to the services may be required to adequately cover the itureased demand. Adequate fire, police and solid waste disposal services are available to the property. City code also requires that every business within the City must provide containers suitable for refuse collection (SCC 14.05). Based on the submitted site plan the dumpster is screened and located off the rear alley. Al] construction waste and debris must be removed weekly and upon completion of construction. "The proposed ase will hot be kartgJ'ul to the public safety, health ar welfare" {SCC §15.iD.32D.D.S) Finding: This condition has been established or will 6e through the conditions. There is no evidence that the proposed remodel and expansion of the motel, as .. proposed, would be harmful to the public's safety, health and welfare. The 57 Seward Planning and Zoning Commission Resolution No. 200$-E)6 Page 4 building construction shall meet all current building and fire code requirements. Close walking proximity to the Seward Small Boat Harbor makes the motel location beneficial tb visitor circulation supporting the Harbor Commercial business district. °`Any and all specific conditions deemed necessary by tke commission to jw(J71! tke above-mentioned conditions skull be met by tke applicant Tkese may Include but are not linrlted to measures relativr to occess, scretnlRg, site development, banding design, operation of tke rse and other similar aspects related to tke proposed use." (SCC §15.10.320.D.6) Section 2. Based on the above findings and conclusions, the amended CUP is approved subject to the following conditions: ,., , 1. In accordance with the Land Use Plan designation of Auto Commercial and to nunimize the impacts on the adjacent property to the south, a minimum five foot setback is required along the south property line. ('This condition shall renutin in affect) 2. A total of 28 off street parking spaces will be provided for the 34 unit motel during the life of the motel. The location of the 28 parking spaces required must ...s be approved~y the staff through the building permit process. 3. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or amamental shrubbery or trees. 4. A traffic ingress and egress plan shall be submitted to and approved by the City. 5. The applicant shall continue to work with the City staff through the building permit process to address and accomplish the required upgrades to the public utilities. 6. The Planning and Zoning Commission may modify this conditional use permit if changed uses no longer conform to the standards and legal requirements justifying its present approval, or if the pennittce applies for a modification to meet a different development plan that confornts to the standards and legal requirements for approval of a conditional use permit. 7. Any proposed modification plan shall be subject to the public notice and public hearing requirements of Iaw, which shall occur only after payment of the filing fee established by resolution of the city council. 58 Seward Planning and Zoning Commission Resolution Na. 2008-06 Page 5 Sectioa 3. The Planning and Zoning Commission finds the proposed use, subject to the above conditions satisfies the criteria for granting an amended conditional use permit provided the conditions listed on Section 1, Subsection F. are met by the applicant, and authorizes the administration to issue a conditional use permit for the additiona122 units, for a total of a 34 unit motel to Nathan Orr at 909 Fourth Avenue, Lot 3A, Block 18, Federal Addition, Orr Replat, subject to the above conditions. 'oa 4. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320; Conditional use permits, and authorizes the administration to issue a conditional use permit, Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. Section 5. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15th day of Apri12008. THE CITY OF SEWARD 'anna Keil, AYES: Anderson, Heinrich, Keil, McClure, Raach' NOES: None ABSENT: None ABSTAIN: None VACANT: Two ATTEST: JeanlLewis, C~C f ~ .••"~~c ~~~•,,, GityllClerk J ~~J O~ w1.Pl.~p~ •a,, (City Seal) ~ ,~~- "''"' ~ , - t; '~ ~ ...:~ .~, r +i.a>~« 6WM Cs4` Y~"~ ~~~~~ 59 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-15 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A SIX MONTH EXTENSION TO CONDITIONAL USE PERMIT NO. 2008- 03, ISSUED TO NATHAN ORR FOR THE REMODEL AND CONSTRUCTION OF A 22 UNIT MOTEL ON LOT 3A, BLOCK 18, FEDERAL ADDITION, ORR REPEAT, 909 FOURTH AVENUE WITHIN THE CENTRAL BUSINESS DISTRICT WHEREAS, on April 15, 2008 the Planning and Zoning Commission approved Resolution 2008-06 granting a Conditional Use Permit (CUP) to Nathan Orr to demolish, construct and operate a 22 unit motel on Lot 3A, Block 18, Federal Addition, Orr Replat, 909 Fourth Avenue; and WHEREAS, the Seward Zoning Code (SCC) §15.10.320.G(1) stipulates an approved CUP lapses six (6) months after approval if no building permit is procured or if the allowed use is not initiated; and WHEREAS, (SCC) § 15.10.320.G(2) states the Commission may grant time extensions not to exceed six (6) months each upon a fmding that circumstances have not changed sufficiently to warrant a reconsideration of the approval of the CUP; and WHEREAS, On September 23, 2008, Nathan Orr requested a six month extension of CUP 2008-06, stating within the request there had been no changes to the original plan. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. Circumstances have not changed sufficiently to warrant reconsideration of the Conditional Use Permit issued to Nathan Orr on April I5, 2008 to remodel and construct a 22 unit motel on Lot 3A, flock 15, Federal Addition, Orr Replat. S c~ Conditiopal Use Permit number 2008-03, issued to Nathan Orr on April 15, 2008 rs hereby extended until. April; 2'008. Sec ' This resolution shall take effect immediately upon its adoption. 60 Seward Planning and Zoning Commission Resolution 2008-15 Page 2 of 2 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 21S` day of October 2008. THE CITY OF SEWARD -D N rianna Keil. Chai AYES: Anderson, Ecklund, Heinrich; Keil, McClure NOES: None ABSENT: Roach' ABSTAIN: None VACANT: One ATTEST: r ~~ ~~` ~~ C~ Je~ Lewis, CMC% Ci • Clerk .J @®~~ee®eaoaaas pe`~ ~~ ~~,_a®s®m ae ~~ ' * ~„' `'`j`'o e e a _ (City Seal) m ~ ~ F::~ 6 u....._., .._.., . -. ® c c ~ ~ a' 1 ~ .QS N' GLEE ~ t ~`O •~~ ~~ r 'w'cac~`a. a. pe s~~`~a~~0 O~,Ftaa '` ~ s ~'° 464G 61 Ciry of Seward, Alaska February 17, ?009 Planning Commission.~linutes Volume 6, Page 2 3 6 Call to Order The February 17, 2009 Special Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Roach'. Opening Ceremony Commissioner Heinrich led the Pledge of Allegiance to the flag. Roll Call There were present: Sandie Roach' presiding, and Sue McClure Cindy F,cklund Christina Stauffer Steven Heinrich Tena Morgan comprisuig a quorum of the Commission; and Christy Terry, Cottununity Development Director Anne Bailey, Executive Liaison Excused were: Margaret Anderson City Administration Report Community Development Director Christy Terry updated the Commission of the following business items: • The Long Tenn Care Facility project contnmed with minor delays and UNIT's scheduled date of substantial completion remained September 24, 2009 and the final completion date was October 21, 2009. As of February 3, 2009, the amount that remained on the current contract including unapproved change orders was $80,000 and if additional change orders exceeded this amount admittistration would go before Council for additional funds. • The Mil] Street Vista Avenue Public Hearing would be held on February 24, 2009 in Council Chambers. • Sasic zoning interpretation questions had been answered regardntg flood zone designations, building permit reviews, business license and membrane structures. • Determined the Mai Property could not be used as a bunkhouse in amulti-family zoning district and the decision could be appealed by the National Parks Service. • A Port and Commerce Advisory Board work session would be held February 18, 2009 at noon to discuss the Mary Lowell Center and North Harbor Development recommendations. 62 City of Seward, Alaska February 17, 2009 Planning Commission Minutes Yoh.nne 6, Page 2 3 7 • Borough Ordinance 2009-09 was being addressed at the Borough Assembly meeting tonight. A phone link was available at the local Borough office for participation in the meetings. She clarified what was included in the Ordinance. • Welcomed Tena Morgan and Christina Stauffer to the Commission. • She stated there were two additional lay downs for Resolution 2009-04. • Thanked Margaret Anderson for her service to the Planning and Zoning Commission. Other Reports, Announcements & Presentations -None Citizens' Comments on any subject except those items scheduled for Public Hearing -None Approval of Agenda and Consent Agenda - Motion (McClure/Heinrich) Approve the Agenda and the Consent Agenda Motion Passed Unanimous The following items were approved on the Consent Agenda: January 20, 2009 Special Meeting Minutes Unfinished Business Items requiring a Public Hearing -None New Business Items requiring a Public Hearing - RESOLUTION 2009-02, Recommending City Council and the Kenai Peninsula Borough Approval of the Preliminary Replat of Seward Small Boat Harbor, South Harbor Addition I:ocated Within the Harbor Commercial District Terry reviewed Resolution 2009-02 stating there was a plat for the new South Harbor Uplands. She reviewed the plat in great detail. In response to Ecklund, Terry stated the dotted areas on the plat denote the paved parking and she explained the easement located in the lower left to upper right. In response to Staufi~ter, Teny stated the area had not been platted and cun-ently did not exist. She stated the area needed to be officially platted. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one else requested to be heard and the public hearing was closed. 63 Ciry of Sewax'd, dlr~cka Plmxning Commission Minutes Fehi~uary 17, 2009 volume 6, Page 2 3 8 Motion (McClure/Ecklund) Approve Resolution 2009-02 In response to Ecklund, Terry stated the platted area would be designated Harbor Commercial and Parks districts. She stressed that the zoning designation could come back before the Commission at a later date. In response to Heinrich, Terry confirmed the plat would have to go before Council and be forwarded to the Borough Assembly for review. Motion Passed Unanimous RESOLUTION 21109-03, Granting a Conditional Use Permit to Captain Jack's Seafood Locker, to Operate a Commercial Seafood Processing Business on Tract A, Leirer Subdivision, Located at 1605 Leirer Road Within the Industrial Zoning District Terry reviewed Resolution 2009-03 statnig Captaui Jack's Seafood Locker currently had a business in Harbor Commercial district where they processed conunercially and recreationally caught fish and this was an effort to separate the two uses. Shc clarified the conditions placed on this conditional use permit and stated staff supported Resolution 2009-03. In response to Ecklund, Terry defined street legal vehicles. In further response to Ecklund, `ferry stated forklifts were allowed on City streets with permission from the police chief. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Jerry Waliezer, outside city limits, thanked the Commission for their service. He thought Captain Jack's usage was appropriate for the nidustrial area. He stated that forklifts were not legal vehicles and did not see them continuously on the street. Elle Zernia, outside city limits, stated she owned Captaui Jack's and was available for any questions. Karr Anderson, Seward Harbormaster, stated Steve and Elle Zernia run a fantastic business and the business they were proposing was needed. She spoke in favor of the business plan and hoped the Commission would do the same. No one else requested to be heard and the public hearing was closed. Motion (Ecklund/McClure) Approve Resolution 2009-03 64 Caty of Sewrard, Alaska Planning Commission Mintetes February 17, 2009 T/nh.~~~. ~ n~~., ~ z a Ecklund spoke in favor of the busnless and stated she was excited this business was expanding, thought transportation of product would be closer to the facility, and would improve the safety of the business. McClure agreed this business plan was good and well thought out. Stauffer thought this was a good idea and would reduce the congestion in the small boat harbor. The Commission suspended the rules to allow Elle Zernia to speak. In response to Roach', Zernia stated she used anon-street legal insured mini truck to deliver sport fish and the Chiefs concern was that she would drive this vehicle all over. She explained the business would pick up commercial fish with a commercially licensed box van or boom truck. Motion Passed Unanimous RESOLUTION 2009-04, Granting a Conditional Use Permit to Blue Rose Enterprises, to Remodel and Operate aMulti-Family Structure, Adding Five (5) Additional Units, For a Total of 14, Located at 200 Washington Street (Historically known as the Buick Building) Within the Central Business District Terry reviewed Resolution 2009-04 stating Blue Rose Enterprises currently operated a multi-family use in the Central Business District which was grandfathered in. She continued with the additional five rooms they would need a conditional use permit. She explained some nusconceptions, discussed parking requirements; avd reviewed the conditions for the permit. In response to Heinrich, Terry stated this business allowed monthly apartment rentals and wanted to increase to 14 units. Terry clarified multi-family uses were allowed in the Central Business District by Conditional Use Permit. In response to Ecklund, Terry stated the business was not operating under a Conditional Use Permit, they had parking spaces and the five parknig spaces were currently on site and five additional spaces were not needed. She clarified that currently the parking spots were not a requirement for the business. In response to Roach', Christy confirmed this business had apartments and had operated commercial ventures on the first floor. Notice of public hearing being posted and published as required by law was noted and the public hearing vas opened. Bernie Gerald, outside of city limits, stated he was the director of Scaview Community 65 City of Seward, Alaska Planning Commission Minutes February 17, 2009 b'olume h, Page 240 Services and were located across from this facility. He voiced his concern with adduig additional units and not adding additional parking. He requested more parking be required since people park in the SeaView lot. In response to Ecklund, Gerald stated he had not called Community Development and or the Police Department about having unauthorized people parking in the SeaView lot. He confirmed the lot was posted as a private lot. In response to Roach', Gerald stated one to three unauthorized cars parked in their lot but in the summer it could become more crowded. He stated the streets are open when people have parked in their lot and the area was more secure than the street. Henry Prokov, inside city limits, stated he was part owner of the Buick Building. He explained the ground floor currently had one apartment, a book store and two unoccupied writs and stated traffic came in and out of the area. He stated that the people in the building usually parked in the lot provided or the street. In response to Heinrich, Prokov stated the parking requirement would be met and currently they do not have to provide parking for their tenants. No one else requested to be heard and the public hearing was closed. Motion (McClure/Heinrich) Approve Resolution 2009-04 McClure stated she was not concerned about the parking, thought the City needed apartments and housnig facilities, encouraged the oversight of the parking by the owners, and thought it was a nice modification to the building. Ecklund thanked the public for subrnittuig their concerns and stated the need for housing units outweighed the parking issue. She stated the City was encouraging more green transportation and thought the busniess could consider putting a bike rack at their facility. Roach' stated part of the comp plan asked the Commission to review rnixed commercial and residential uses in the downtown area. She understood the businesses downtown were inundated with parking in the summer and she discussed RV parking. She stated she was in support of this Resolution. Ecklund referred to the letters referring to parking in the packet and suggested a placing a reminder on a car to not park in the lot and then have it towed. In response to Ecklund, Terry stated if a car is illegally parked in a private lot it would have to be privately towed. Motion Passed Unanimous 66 City of Seward, Alaska Planning Comnais.rion Minutes February ]7, 2009 Volume 6. Page 24l Unfinished Business -None New Business - Resolution 20(19-OS Allowing an Alaska Harbor Observation Network Tower as an Unlisted Use per Seward City Code Section 15.10.1311, in the Harbor Commercial District Terry reviewed Resolution 2009-OS stating when the Alaska SeaLife Center and the University of Alaska Anchorage began to work with city statl~ it was determined the proposed tower did not fit into the zoning code. She stated it was coming to the Commission as the first step to see if this would be allowed in the harbor commercial district. She provided an overview of the project and stated this project met the three criteria to allow an unlisted use u1 the harbor district. In response to Roach', Terry stated the tower includes anti-climb panels, navigational markers and towers are currently nicluded on the breakwater, the tower placement was at the Harborniasters ideal location, and staffwas looking at the need for a lease agreement. Anderson stated the Alaska SeaLife Center and the University of Alaska Anchorage had a good line of communication. She discussed her concerns for the project from a marniei's and harbormasters perspective and logistical details. Anderson discussed a wire that would extend in the water for wave measurement, navigational servitude, and guy wires. Terry interjected the building official had decided the tower would require a building permit. The Commission suspended the rules to allow Randy Stauffer to speak. Randy Stauffer, inside city lirnits, stated he worked for the Alaska SeaLife Center as a project engineer. He explained tlvs was the first step for the project but other permits would have to he gathered. He referred to photos of a tower built by the same company that would build the proposed tower and stated the guy wires would be addressed in the building pernut process. He mentioned this project was funded by NOAA through the Alaska Ocean Observing System (AOOS), was contracted through Dr. Orson Smith of the University of Alaska, and the project would be a prototype that could be connected to the Internet. In response to Ecklund, Howard Fern, the Principal Investigator on the AOOS grant stated they had two years of funding for the development of the prototype and there was a long teen business model. He stated they envisioned this prototype would have a base of local support and if this did not expand or remain fmancially sustainable the project would be demobilized. In response to Roach', Fern stated community outreach had not been done yet and had submitted as a component of the Coastal Impact Assistance program. He further discussed building a second tower in Resurrection Bay. Ecklund stated she worked for the Alaska SeaLife Center but did not have a financial 67 Ciry of Seward, Alaska Planning Commission Minutes Feb^uaty 17, 2009 Volume 6, Page 242 interest in this project. Roach' determined Ecklund did not have a conflict in interest. Stauffer stated she was married to Randy Stauffer who was involved in the project and to the best of her knowledge did not see this project increase his or her income. Roach' determined Stauffer did not have a conflict in interest. Motion (Ecklund/McClure) Resolution 2009-05 Ecklund expressed her excitement with the project and the need for longitudinal studies. She continued the SeaLife Center had lecture series and there was climate change training on March 18-19, 2009. Stauffer said she was excited about this project and that Alaska was uniquely positioned to weigh in on climate change. Heinrich discussed the advantages of the information being available online. The Commission suspended the rules to allow Randy Stauffer to speak. Randy Stauffer discussed the web cam options in greater detail. Anderson stated this project was exciting from aHarbormaster/Port Engineer perspective and could help with future port facilities. Roach' spoke in favor ofthe project and the community's need to diversify. Motion Passed Unanimous Confirmation of Commission's wishes on the Flood Plain Ordinance Update Terry explained the Commission had two work sessions with the Flood Board in February and staffwas directed to postpone an update to the Flood Plain Chapter until after the Borough had completed theirs. She asked the Comttussion to provide a confirmation of their wishes and she further discussed the pros and cons of waiting to do the City update. McClure stated she was on the Borough Task Force. The Conunission discussed the options postponing updating Seward's Floodplain Ordinance until the Borough completed theirs, postponiig until a certain date or continue to update Seward's Floodplain Ordinance. Stauffer stated she would be participating in the task force meetings. 68 City of Sex+ard, Alaska Februmy 17, 2009 Planning Commission Minutes holume h, Page 243 Terry suggested the Commission could postpone the decision until next month. In response to Heinrich, Teny stated during the interim period the City would regulate flood issues with the current floodplain ordinance. Motion (McClure/Stauffer) Postpone the Decision on the Flood Plain Ordinance Update Until the Next Business Meeting Motion Passed Unanimous Consent Informational Items and Reports (No action required) - KPB Ordinance 2009-09 An ordinance creating a flood hazard district, outside the flood insurance rate map area, within the Seward-Bear Creek Flood Service Area to include the 1986, 1995, and 2006 KPB GIS mapped flood data areas. Terry stated the Borough held a meeting tonight and had a phone link to discuss this. She explained the next meeting would be held on March 3, 2009 and she had reviewed the ordinance changes. She stated the information was available on the Borough website or they could contact her for the updates. Commission Comments - Ecklund thanked Commissioners Stauffer and Morgan for filing and Council for accepting their applications. She stated they owed Comn>issioner Anderson many thanks and hoped she enjoyed her winters outside of Seward. Heinrich echoed Ecklund's comments about the two new Commissioners, said he liked the way the packet was formatted, and stated he enjoyed being on the Board. Morgan thanked them for acceptnig her to the Commission, would do her best to catch up on all of the issues discussed tonight, and looked forward to the next meeting/work session. Stauffer said she was disappointed to not have the opportunity to work with Commissioner Anderson and explan~ed why she joined the Commission. McClure welcomed the new Commissioners. Roach' welcomed the new members and stated the Community Development office was a great resource. She said she would miss Commissioner Anderson and that this was an excitnig time for Seward. 69 City of Seward, Alaska Felu~uarv 17, ?009 Citizens' Comments - Planning Commission Manutea~ Volume 6, Puge 244 Randy Stauffer clarified that the Alaska SeaLife Center Harbornet project was now referred to a`s the Alaska Harbor Observation Network Tower. He explained he was involved with the Seward Bear Creek Flood Service Area Board and had applied to be on the Borough Flood Plain Ordinance Task Force. He thanked the Commission. Commissions and Administration Response to Citizens' Comments - Roach' thanked Randy Stauffer for his commitment to the community. Adjournment Meeting adjourned at 9:15 p.m. Anne Bailey Executive Liaison Sandie Roach' Chair (City Seal) 70