HomeMy WebLinkAbout01092024 LAYDOWN Griswold to PZ LAYDOWN - P&Z Jan 9, 2024 Citizen Comments to the Clerk and Commission
January 9, 2024
Dear P&Z Commissioners,
Resolution 2024-002 Planned Unit Development Preliminary Plat
I have many concerns about this proposed planned unit development, the first in Seward. The
only work session was an unscheduled surprise with no public present. This is a very important
and complex project, requesting approval of a preliminary plat, rezone, and CUP. I urge the
Commission to postpone these Resolutions and schedule another public hearing to discuss the
many issues.
The proposed preliminary plat creates 11 single-family residential lots and three tracts on the
south side of Nash Road, and Tract A on the north side. Tract A which is 28.5 acres, is included in
the preliminary plat but is not included in the subdivision agreement as the intent is to further
subdivide it at a future date.
Due to steep slopes, a charted anadromous stream, and flood zone issues,Tract A is best suited
to the existing Resource Management zone. As Seward code does not allow split zoning,Tract A
should be platted as a separate parcel and the south parcel tracts relabeled A, B, C.
All the steep slopes over 20% on Tract C and D should be shown on the plat. This is the shoulder
of Mt Alice.
A mapped FEMA VE flood zone on the southern portion of Tract B is noted in the text but is not
shown on the plat. This zone extends into Tract A, which is not noted in the text or shown on
the plat. A mapped anadromous stream also flows across Tract A, which is not shown on the
plat. The mean high water line is shown, but not the ordinary high water line, which is also
required. The plat should include the zone boundary of all the mapped SMFDA flood zones, the
anadromous stream, and ordinary high water line.
The plat, if Tract A is included, should include a legal access through Tract A with a minimum
width of 60', not including the section line easement, to be dedicated with the subdivision.
The locked gate will cause issues affecting public safety. Traffic waiting for the gate to open may
cause vehicles to back up on both lanes of busy and narrow Nash Road. Emergency response
will be delayed, waiting for the gate to be opened. The plat should include a public turnaround
outside the gate to get vehicles off the road and the ability to turn around for those denied
entry. Consider requiring the gate to be installed 100' back from the road ROW to accommodate
larger vehicles like fire trucks, vehicles with boat trailers, and additional vehicles.
Consider denying the gate.
The Commission could recommend a traffic study as there is no data on the number of vehicles
projected to access this development and future development of Tract A. The project estimate
is 200 trips per day to Nash Road, with left turns onto Nash Road noted as the biggest impact
(page 47).Traffic turning left into the development and backed up traffic will also have a big
impact on a busy road, on a downhill, on a curve. Is the location of the private road at the base
of a steep hill on a curve the best option for public health, safety, and welfare? Is there a safer
alternative? How will Tract A development and access affect this busy corridor?
An unspecified number of private docks along the more than 2900' beach is a big concern.
Locals and visitors enjoy walking along this beach below the ordinary high tide line. The public
has the right to use private uplands as minimally necessary to portage around obstacles or
obstructions, like private docks. A minimum 10' pedestrian easement should be shown on the
plat where the public will need to portage around the boat ramp, private docks, and any other
obstacles or obstructions, whether or not the docks are built.
The 30' private access easement is located right under or adjacent to the decades-old Bald Eagle
nesting site. It is wide enough to serve as vehicular access to the boat launch.This disturbance
will likely negatively impact the Bald Eagle's quality of life and consequently that of all the
people who enjoy watching Bald Eagles at Afognak Beach. Please consider moving the private
easement much farther east, away from the nest.
A Planned Unit Development can include open spaces. Could the plat be required to include a
green space of at least 600' diameter around the Bald Eagle nesting site located on Lot 11
and/or Tract B? The exact location is very important to this plat; consider requiring a plat note.
I urge the Commission to postpone this Resolution and schedule another public hearing to
discuss the many issues.
Resolution 2024-003 Planned Unit Development Land Use Amendment to Rezone
This rezone application is only for the property south of Nash Road. Seward Code does not allow
split zoning. Due to steep slopes, a charted anadromous stream, and flood zone issues, Tract A is
best suited to the existing Resource Management zone. As noted in the preliminary plat above,
Tract A should be platted as a separate parcel and the south parcel tracts relabeled A, B, C.
A rezone is more than just checking off that the property is at least one acre.
Findings should determine:
What is the public need for this rezone?
How does it benefit the property owner?
What are the detriments to the general public?
How does it conform to the goals and objectives of the Comprehensive Plan?
What is the relative size of the rezoned area to the surrounding zones?
Comp Plan notes:
The Comprehensive Plan Future Land Use Map does not support this rezone.
The private docks and boat launch are not feasible and will not support 3.5 Port and Harbor
Development or 3.1.1.2 Economic Development, Update and expand infrastructure. A
community resident charter boat captain will only be able to store their boat at home if it is
trailered in.
The high-density development will negatively impact 3.9 Quality of Life, and 3.9.2.2 Preserve
and protect the scenic views of the mountains and Resurrection Bay.
The reason given for R3 is to allow an unspecified number of multifamily units including
condominiums. Once rezoned to R3, there is no guarantee of"the desire" that most of the
residences will be single family homes. Efficiency apartments, detached single-family dwellings,
and duplexes are allowed outright. Townhouses, condos, and multiplexes are allowed by CUP.
Consider the impacts of allowing a high-density development here where previously, only one
low-impact single family residence has existed on this shore in this viewshed. R1, single family,
low density residential, would be a more compatible choice.
Resolution 2024-004 Planned Unit Development CUP
"The CUP procedure is intended to allow flexibility in the consideration of the impact of the
proposed use on surrounding property, and the application of controls and safeguards to assure
that the proposed use will be compatible with the surroundings." 15.10.320
The conditional use permit for a Planned Unit Development will allow a gated private road, a
private boat launch, and private docks along the more than 2900 feet of tideland frontage along
the undeveloped eastern shore of Resurrection Bay. If the rezone from RM to R3 is approved, it
will allow high-density housing including including townhouses, condominiums, and multi-
plexes to proceed with additional CUPS.
This appealing proposal of a private gated community with private residential docks is not based
in reality and is missing several key facts. The tidelands are owned by the city, ie the public. A
lease in the public's interest will be required to build docks and a boat launch on this public
land. The tidelands are very shallow here. Even kayaks will go dry at low tide. Expensive and
extensive dredging will be required to create and maintain a long channel with a reasonable
depth for larger vessels; USACE will require permits. An anadromous intertidal stream runs
along the shoreline; ADFG will need to be involved in required permitting if this is even
approved.
To help reduce the impacts and ensure that the proposed use is compatible with the
surroundings, please deny the private residential docks.
Locals and visitors enjoy walking along this beach below the ordinary high tide line. The public
has the right to use private uplands as minimally necessary to portage around obstacles or
obstructions, like private docks. A pedestrian easement around any obstacles and obstructions
should be required, whether or not the docks are allowed.
Quality of Life: Preserve and protect the scenic views of the mountains and Resurrection Bay.
The proposed development should be required to provide shields on the street lights and a
leave a vegetative screening buffer between the development and shore and adjacent
properties to minimize the visual impact to the viewshed and neighbors.
As noted in the plat comments, the 30' private access easement is located right under or
adjacent to the decades-old Bald Eagle nesting site. It is wide enough to serve as vehicular
access to the boat launch. This disturbance will likely negatively impact the Bald Eagle's quality
of life and consequently that of all the people who enjoy watching Bald Eagles at Afognak
Beach. Please require moving the private easement much farther east, away from the nest as a
CUP condition.
A Planned Unit Development can include open spaces. Please require reserving an undisturbed
green space of at least 600' diameter around the Bald Eagle nesting site located on Lot 11
and/or Tract B as a CUP condition. The exact location is very important to this CUP.
The locked gate will cause issues affecting public safety. Traffic waiting for the gate to open may
cause vehicles to back up on both lanes of busy and narrow Nash Road. Emergency response
will be delayed, waiting for the gate to be opened.
The CUP should include a public turnaround outside the gate to get vehicles off the road and
the ability to turn around for those denied entry. Consider requiring the gate to be installed 100'
back from the road ROW to accommodate larger vehicles like fire trucks, vehicles with boat
trailers, and additional vehicles.
Require sprinklers for the dwellings to help compensate for the delayed fire and emergency
response time. Consider requiring a separate well for use as a fire response water source.
Consider denying the gate.
The Commission could recommend a traffic study as part of the CUP as there is no data on the
number of vehicles projected to access this development and future development of Tract A.
The project estimate is 200 trips per day to Nash Road, with left turns onto Nash Road noted as
the biggest impact (page 47). Traffic turning left into the development and backed up traffic will
also have a big impact on a busy road, on a downhill, on a curve. Is the location of the private
road at the base of a steep hill on a curve the best option for public health, safety, and welfare?
Is there a safer alternative? How will Tract A development and access affect this busy corridor?
An unspecified number of private docks along the more than 2900' beach is a big concern.
Locals and visitors enjoy walking along this beach below the ordinary high tide line. The public
has the right to use private uplands as minimally necessary to portage around obstacles or
obstructions, like private docks. A minimum 10' pedestrian easement should be required as a
CUP condition to ensure access where the public will need to portage around the boat ramp,
private docks, and any other obstacles or obstructions, whether or not the docks are built.
A Planned Unit Development can include open spaces. The CUP should require a condition to
include a green space of at least 600' diameter around the Bald Eagle nesting site located on Lot
11 and/or Tract B? The exact location is very important to this plat; consider requiring its
location on the plat as a CUP condition.
I urge the Commission to postpone this Resolution and schedule another public hearing to
discuss the many issues.
Sincerely,
Carol Griswold
Inside city limits