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HomeMy WebLinkAbout05042006 Planning & Zoning Packet Seward Planning & Zoning Commission May 4, 2006 1. Marianna Keil Chair Term Expires 02/07 2. Tom Smith Vice-Chair Term Expires 02/07 3. Margaret Anderson Commissioner Term Expires 02/09 4. Kevin Clark Commissioner Term Expires 02/09 Lynn Hohl Commissioner Term Expires 02/08 Sandie Roach' Commissioner Term Expires 02/07 5. Kay Strobel Commissioner Term Expires 02/08 Clark Corbridge City Manager Malcolm Brawn Planner Donna Glenz Planning Assistant Planning & Zoning Commission May 4, 2006 /:30 p.m. Re't~:~~!!~~!=~ CaD to Order Opening Ceremony A. Pledge of Allegiance RoD CaD Special Reports & Presentations A. City Administration Report B. KPB Planning Commission Report - Lynn Hohl C. Other Reports, Announcements & Presentations 1. Liaison from Seward Bear Creek Flood Service Area Board Citizens' Comments on any subject except those items scheduled for public hearing. [Those who have signed in will be given the first 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. In the event of such a request, the item is returned to the Regular Agenda.) Regular Meeting Agenda Page 1 7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the first opportunity to speak] A. Unrmished Business requiring a Public Hearing 1. Resolution 2006-07 recommending City Council amend Seward City Code Parking Requirements, 15.10.215 to ensure compliance with the parking requirements of the Federal Americans with Disabilities Act [postponed from the March 7, 2006 and April 4, 2006 Planning and Zoning Meetings] ............................................................................ Page 4 B. New Business Items requiring a Public Hearing 1. Resolution 2006-12 granting a CUP to the Seward Benevolent and Protective Order of Elks # 1773 to operate a private club at Lots 10, 11 & 12, Original Townsite of Seward, 417 Fifth Avenue in the Office Residential Zoning District ............................................................ Page 10 8. Unrmished Business - None 9. New Business * A. Resolution 2006-13 recommending Kenai Peninsula Borough approval of preliminary replat of Lots 13-15, Block 11, Original Townsite of Seward, Wenger Replat ........................................................................................................... Page. 27 B. Resolution 2006-14 Approving 2006 P&Z priorities list ............................ Page 32 C. R-esell:ltien 2006 15 Fefl\leBting re'AsieBS te the City Manager's "R-eeemmeadatieBS fer Beards a:Bd Cemmissiens", dated Feamary 27, 2006. [Pulled by administration - see New Business Item H] D. Discussion of the procedure used for the public presentation of documents which were submitted directly to the Planning and Zoning Commissioners and the Seward City Council members, but were not made available to City administration or the public until several days later ................................... Page 39 E. Discussion of Seward/Bear Creek Flood Service Area Board (SBCFSA), Flood Hazard Mitigation Plan (July 2005) (public copy of plan available from SBCFSA and also provided to Commissioners for May 2006 meeting)..................... Page 44 F. Selection of the May 16, 2006 Work Session Topic ................................................. * G. April 4, 2006 Regular Meeting Minutes...................................................... Page 45 Planning & Zoning Commission May 4, 2006 Regular Meeting Agenda Page 2 H. Discussion of revisions to the City Manager's "Recommendations for Boards and Commissions", date<l FebruaI")' 27, 2006 .................................................... Page 56 10. Informational Items and Reports (No action required) A. Planning and Zoning Priorities List, (draft Resolution 2006-14) and tentative timeline discussed at the January 2006 work session.................................. Page 68 B. Alaska Planning Journal, Volume 4, Issue 1, Winter 2006, article "An Alaskan ~laDIl~r _Vi~its the Phil~p~es" _...................................................~._~....._.,~.......... Page 69 C. Transportation planning information submitted by Lynn Hohl - Fairbanks North Star Borough Resolution 2003-18 ............................................................... Page 70 11. Commission Comments 12. Citizens' Comments [Limit to 5 minutes per individual - Each individual has one opportunity to speak] 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment Planning & Zoning Commission May 4, 2006 Regular Meeting Agenda Page 3 Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2006-07 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THAT THE SEWARD CITY COUNCIL AMEND SEWARD CITY CODE PARKING REQUIREMENTS 15.10.215 TO ENSURE COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT WHEREAS, the Planning and Zoning Commission has requested an amendment be made to the Parking Code; and WHEREAS, the accessible parking requirements as required by the City Code are not in compliance with the Americans with Disabilities Act; and WHEREAS, providing proper dimensions for this type of parking will contribute to the orderly development of property within the community; and WHEREAS, amending the Seward City code by adopting the parking requirements of the Americans with Disabilities Act will make the City's parking requirements consistent with Federal standards; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward and Planning Zoning Commission that: Section 1. The Commission recommends Ordinance 2006-XX be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. ~ Seward Planning and Zoning Commission Resolution 2006-07 Page 2 on PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of May, 2006. THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 5 Sponsored by: Plannln!! and Zonin!! Commission Introduction Date: Public Hearing Date: Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMEND SEWARD CITY CODE PARKING REQUIREMENTS 15.10.215 (0) HANDICAPPED PARKING TO ENSURE COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT , WHEREAS, the Planning and Zoning Commission has requested an amendment be made to the Parking Code; and WHEREAS, the accessibility parking requirements as required by the City Code are not in compliance with the Americans with Disabilities Act; and WHEREAS, providing proper dimensions for this type of parking will contribute to the orderly development of property within the community; and WHEREAS, amending the Seward City Code by adopting the parking requirements of the Americans with Disabilities Act will make the City of Seward's parking requirements consistent with Federal standards; and WHEREAS, the certified minutes and public records of the Planning and Zoning Commission proceedings have been provided to the City Council. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD ORDAINS that: Section 1. The Seward City Code is hereby amended to read as follows: 15.10.215. (o~ Handicapped Parkin/! Reauirements is hereby amended as follows (Strikethroughs = deletions and are bold, Underline = additions and are bold): (a) Hantlieepped ptlrkiRg. Tile faDawiRg miDimum aff stl'eet llaDdieapped pal'kiBg faeilities sllaD he pFo",ided. HaDdieapped spaees sllaD he at least 12 feet wide. Eaell spaee sllallhe desigoated as reserved fap pllysieally haDdieapped iDdi\iduals. AD Ilaodieapped spaees shaD he witlliD 290 feet of aD eDtnDee tllat is aeeessible to haDdieapped iDdivitluals if ODe is FetJ.uiFed. lo TABLE INSETl Tutal Spaee~ iB PaFlaBg Area HaBdieapped Spaees RequiFed 8 ]S t- ]6 60 ~ 60 90 ;!- 90 110 4- Onw 119 5- (0) Accessible parIUm!:. All parIUm!: requirements ofthe Americans with Disabilities Act shall be complied with. Section 2. The above recitals are incorpomted herein by reference. Section 3. lbis ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS _ DAY OF . 2006. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABST AlN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) ty P&Z Agenda Statement Meeting Date: May 4, 2006 Clark Corbridge, City Manager C/a.llf-2.I-rJ/, Malcolm G. Brown, Planner tA"..dt!--- r of"sr=~ ~"'l> t:- ...;J~. -. ,~--......o v 'I'''';".;:' iii:3\~-~'~'" ,q~"s...l> Through: From: Agenda Item: Amending the Parking Code to ensure compliance with the Americans with Disabilities Act BACKGROUND & JUSTIFICATION: The Planning and Zoning Commission has been discussing amendments to the Parking Code requirements contained in the Seward City Code, 15.10.215. Staff and commissioners have received numerous inquiries from members of the public about the functionality of the present requirements. Parking has been an ongoing concern of the commission; parking is always addressed during the Conditional Use Permit process and was an action item in the 2020 Seward Comprehensive Plan (2006). The handicapped parking requirements in the Seward City Code do not require the same dimensions and level of detail as found in the parking requirements of the Americans with Disabilities Act (ADA). In order for the City Code to be in compliance with ADA, the Code needs to be amended to adopt ADA parking standards. The accompanying resolution and proposed ordinance were presented at the March 4th, 2006 regular meeting and postponed due to time constraints. They were not on the agenda at the April 4 , 2006 meeting due to not being posted as a public hearing item. The following amendments are being proposed: 15.10.215. (0) HandicaDDed Parking ReQuirements is hereby amended as follows (Strikethroughs = deletions and are bold, Underline = additions and are bold): (0) Hflndieapped jHHldng. The rellewing minimum off street handieapped pal'kiBg fallilitie~ shall be provided. Handieapped spaees shaD he at JellSt 12 feet wide. EaR spaee shall be designated llS reserved rer physieally handieapped individuals. A:II handieapped sp8ees shell be within 200 feet of 8n llntr8nee that is aeeessible t8 haRdi1l8pped indwid881s if 8Re is relluired. TABLE INSETr 9 Page 2 of2 Total Spaees ill Parkiog ......Fea Haodieapped Spaee(j RellUiFed 8 lS :l- ~-~ l' ~----- --_._-~~- - ~ - ------~ - -----.- ~- .-._-- --..,-.-- '0 90 ~ 90 120 4- Over 110 ~ (0) Accessible parkin!!. All parkin!! requirements of the Americans with Disabilities Act shall be complied with. Staff recommends that no additions be made to the proposed ordinance, due to the ADA standards being a living document. When the ADA standards are amended in the years to come, this will require deconfliction of the City Code and the ADA standards. Adding additional requirements also creates a more lengthy review process for the public, construction industry, staff and property owners. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2006) l The Comprehensive Plan makes numerous mention of improving parking. 2. Strategic Plan (1999) The Strategic Plan does not address this issue. L RECOMMENDATION: Commission approve Resolution 2006-07, which recommends Council amend the Seward City Code Parking Requirements 15.10.215 to ensure compliance with the Americans with Disabilities Act. q Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2006-12 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO THE SEWARD BENEVOLENT AND PROTECTIVE ORDER OF ELKS #1773 TO OPERATE A FRATERNAL CLUB AT LOTS 10, 11 & 12, ORIGINAL TOWNSITE OF SEWARD, 417 FIFTH AVENUE IN THE OFFICE RESIDENTIAL ZONING DISTRICT '" WHEREAS, the Seward Benevolent and Protective Order of Elks #1773 has requested a Conditional Use Permit for a private club; and WHEREAS, the property is in the Office Residential (OR) Zoning District; and WHEREAS, as per the Seward City Code, Land Uses Allowed, Table 15.10.225, a club,fratemal/lodge/social is allowed in the Office Residential Zoning District as a conditionally permitted use; and WHEREAS, the Elks have been an asset to the community and have provided volunteer services to the community for many years; and WHEREAS, having complied with the public notification process; on May 4th, 2006, 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 fmding 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 established. The property is zoned Office Residential (OR). The Office Residential district is intended to provide for medium density residential, commercial and office development designed to act as a transition zone between the high density central business district and surrounding medium-high density residential districts. A club for a fraternal order is allowed in the Office Residential District by conditional use permit from the Planning and Zoning Commission and any potential adverse impacts to adjoining /D Seward Planning and Zoning Commission Resolution 2006-12 Page 2 properties or other properties in the neighborhood or the Office Residential District can be mitigated through conditions established by the CUP. B. The value of adjoining property wiU not be significantly impaired Finding: This condition is difficult to establish. The neighboring properties are predominantly residential including apartments, there are some professional offices, there is a church to the South and the American Legion building is to the _East across Fifth Avenue. There are concerns from a neighbor that the sale of alcohol and increased traffic in the alley will negatively impact his property. C. The proposed use is in harmony with the Seward Comprehensive Plan. D. Finding: The proposal is in harmony with the Seward 2020 Comprehensive Plan (2006). Seward Comorehensive Plan (2006) The plan supports community appearance and community service organizations, "Improve the appearance of the entire community through increased landscaping (page 9)", "Continue to require landscaping plans for conditional use permits as feasible (page 11)" and "Continue supporting community organizations and their private grants that enhance our community (page 13)." Strateeic Plan (1999) This plan supports a sense of community (page 13), which is a strong focus of the Elks. It also supports beautification and landscaping (page 15). D. Public Services and facilities are adequate to serve the proposed use. Finding: Water, sewer, and power are available to the property as well as adequate fire, police and solid waste disposal services. E. The proposed use wiU not be harmful to the public safety, health or welfare. Finding: This fraternal club will not be harmful to the public safety, health or welfare. Installing landscaping which will help beautify the community and lessen erosion. The sale of alcohol and increased traffic can be mitigated as needed. F. Any and all specific conditions deemed necessary by the commission to fulflU the above-mentioned conditions shaU be met by the applicanL 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. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1/ Seward Planning and Zoning Commission Resolution 2006-12 Page 3 1. A landscape plan shall be approved by staff. 2. The required parking shall be provided in accordance with Seward City Code Section 15.10.215 Parking. 3. Dumpster to be located at the alley. 4. The sale and use of alcohol shall be in accordance with the Alcohol Beverage Control Board regulations and the City of Seward noise ordinance. 5. 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. 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 authorizes the administration to issue a Conditional Use Permit for the Seward Benevolent and Protective Order of Elks #1773, 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 4dt day of May 2006. /;l. Seward Planning and Zoning Commission Resolution 2006-12 Page 4 . AYES-.:._ NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 13 THE CJTY OF SEWARD Marianna Keil, Chair P&Z Agenda Statement Through: Clark Corbridge, City Manager ..~o~s,,~? ~ ~~;.~,~ u "\"';;'-:,;,'" q~~~.., ,,(...s....\" Meeting Date: May 4, 2006 From: Malcolm G. Brown, Planner ~ Agenda Item: The_Seward l3enevolellt.. and Protective Order of Elks #1773 request for a Conditional Use Permit to operate a private fraternal club at Lots 10, Il, 12 & 13, Original Townsite of Seward, 417 Fifth Avenue in the Office Residential Zoning District BACKGROUND & .ruSTIFICATION: The Seward Benevolent and Protective Order of Elks # 1773 has requested a Conditional Use Permit (CUP) to operate a private fraternal club at 417 Fifth Avenue in the Office Residential (OR)zoning district The property is owned by the Seward Temple Corporation (Masons) and has been used for their activities for many years. Another recent has been the Headstart program. A "club/fraternal, social, veterans" is allowed via Conditional Use Permit (CUP) in the Office Residential (OR) Zoning District, as per Seward City Code (SCe) Land Uses Allowed Table 15.10.225. The intent of the Office Residential Zoning District is as follows: SCC 15.050.025, Land Use Districts--Established, Definitions., (6), "Office/Residential district (OR). Intended to provide for medium density residential, commercial and office development designed to act as a transition zone between the high density central business district and surrounding medium-high density residential districts." The surrounding area features professional offices, apartments, residential structures some of which have professional offices, the Catholic Church is on the property to the South and the American Legion is to the East across Fifth Avenue In the interests of community beautification and lessening erosion during heavy rainfall events, staff recommends all undeveloped portions of the lot not used for parking have landscaping. Seward frequently experiences floods and severe erosion, due to the nature of the soils and scarcity of vegetation. A landscape plan approved by staff should be added as a condition. At the time of publication of this report, staff has received one public comment in support I~ of the club and two statements opposing: 1. the sale of alcohol to non-members, and 2. special events, music and additional noise during the evenings, and 3. increased traffic in th~1ll1eY~J:lnd 4. concerns with parking. If any additional correspondence is received after publication of this agenda statement, it will be presented as a lay down item at the May 4th meeting. Staff research with the Alcohol Beverage Control Board (ABC) affirms that a private club is not held to the same criteria as a bar and is allowed to be within two hundred feet of a church. However, the ABC staff said that usage of alcohol at a private club is still subject to local land use regulations, as applicable. City staff has been unable to project the impact on the neighborhood of the club serving alcohol and staying open late for special activities and live music. Staff recommends that the Commission review the potential impacts and propose mitigation as appropriate. The following conditions have been recommended by staff: 1. A landscape plan shall be approved by staff. 2. The required parking shall be provided in accordance with Seward City Code Section 15.10.215 Parking. 3. Dumpster to be located at the alley. 4. The sale and use of alcohol shall be in accordance with the Alcohol Beverage Control Board regulations and the City of Seward noise ordinance. 5. 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. Location: 417 Fifth Avenue, Lots 10, 11, 12 & 13, Block 23, OTS, KPB tax parcel # 148-120-26. Size: Approximately 12,000 square feet. Zoning: Office Residential (OR). Existing Use: Private fraternal club. J~ Proposed Use: Private fraternal club. Flood Zone: This property is not in a flood zone. SCC 15.10.140 Definitions: Club, private. A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members, but not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues. Includes lodges. Drinking establishment. Any premises wherein the principal purpose is the retail sale of alcoholic beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar, cocktail lounge, tavern and nightclub. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan (2006) lL. The Comprehensive Plan supports community appearance and community service organizations, "Improve the appearance of the entire community through increased landscaping (page 9)", "Continue to require landscaping plans for conditional use permits as feasible (page 11)" and "Continue supporting community organizations and their private grants that enhance our community (page 13)." 2. Strategic Plan (1999) ~ The Strategic Plan also supports "sense of community (page 13)" and "beautifying the community and landscaping (page 15)". RECOMMENDATION: Staff recommends that Commission approve Resolution 2006-12, granting a Conditional Use Permit to The Seward Benevolent and Protective Order of Elks #1773 to operate a private fraternal club at 417 Fifth Avenue, Lots 11, 12 & 13, Block 23, OTS, in the Office Residential (OR) Zoning District subject to the specified conditions. lip . . Donna Glenz From: Sent: To: Subject: Cline & Associates [cline@eagle.ptialaska.net] Tuesday, April 25, 2006 2:23 PM Donna Glenz Elks Club C.U.P. application RE: Elk's Club C.li.P. application, Planning Commission meeting of May 4, 2006 Members of the Planning Commission, I am the owner of the property directly west of the proposed Elk's club location. I am requesting that the Commission attach the following restrictions to the Elk's Club C.li.P.: 1. No sale of Alcohol Reason: Sale of alcohol is prohibited in OR zoning and would be less than 200' from the catholic church 2. No vehicle access to the alleyway west of the building Reason: Due to the location of the existing building, there is insufficient sight distance and turning radius for traffic entering the alley from the existing driveway. 3. Construct a fence across the existing driveway to the alley Reason: There is no other way to enforce item 2. Thank you for your consideration. Nick Cline 416 4th Avenue Seward AK 224-7324 April 25,2006 f7 VERBAL COMMUNICATION RECORD - DONNA GLENZ SPOKE WITHrrO: Jack ScobY PHONE: 491-1324 DATE: 5/112006 TIME: 1:30 SUBJECT: .-Etks CUP issue I FOllOW UP DATE: NOTES: Spoke with Jack Scoby regarding the CUP for the Elks. He is very unhappy about the possible bar and liquor portion of the permit He feels the area is a residential and should not have liquor sales open to the public. He stated that the Elks has allowed the public to come into the club on Friday and Saturday nights in the past and he does not want to see that in this neighborhood. He suggests that the CUP limit any sales of alcohol to private members only and not be allowed to open to the public. He feels that the church parking lot should not qualify for parking as the church uses the lot on Friday and Saturday nights for events at the church. He feels the hours of operation should be held to no later than 12 midnight and that music for the bar must be also limited to no later than 12 midnight He stated he planned to submit an email to address these issues personal but wanted me to relay these issues to the Commission. He will be out of town on Thursday and is unable to testify before the Commission. CITY OF SEWARD P. O. Box 167 410 Adams Street Seward, Alaska 99664 )8 rage;:: 1 Ul 1 Donna Glenz From: j.scoby@att.net Sent: Monday, May 01, 2006 8:03 PM To: Donna Glenz Att. Donna Glanz: Subject: Conditional use permit to the Seward Elks: I will not be able to attend the P&Z meeting, but I have a few concerns that I would like to address. 1) Noise: How often and how late does the Elks plan on being open? Do they plan on having music or a band? Do they plan on having special events that will be open to the public? I don't think the city wants, nor needs to have the same noise complaints that they have on the South end of 5th Ave. 2) I have heard that the Catholic Church has given permission for the Elks to use their parking lot when the church is not using it, but what happens when the church is using their lot? The alley is to narrow to be used for parking and the added traffic would be a noise and safety problem Please address these concerns before you grant a permit. If this permit is for the sole use of the Elks is one thing but if the club is open to the public I feel the above questions will become a problem. Do what is good for the betterment of the city so that we will not regret it in the future. Thank you Jack Scoby 5/2/2006 /q . . k CITY OF SEWARD CITY OF SEWARD COMMUNITY DEVELOPMENT OFFICE P.O. Box 167 . Seward, Alaska 99664 (907) 224-4048 ----i Pl.ANNING OFFICE 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 $250.00 filina fee; and if property is already developed, an as-built survev prepared by a surveyor registered in the State of Alaska; or scaled site and elevation clans for undevelooed land. APPLICANT INFORMATION Applicant: S'ev.; atti ~/lrs- {()JQe I 7 7.3 @p.1/1'J, 'f1tferlY'4;Y-;)J.'I~~q7 Address: pO 'Box 'f;).fj 1/ Telephone No.: ~L{ -"3 /58 ~:~~~ Se.vJarJ.- <" . . (O~i')' Property Owner (if other than applicant): -'J(.vJarct feinI' Ie Ccrf&rtt1i PI') Address: ff g()X 'f ;) ,5 Telephone No.: d-.;;J... L{ - S7l{ J - bra,,! Adr(tfdn (Warr:fL. PROPERTY DESCRIPTION Address:mlfl7..511t Avenvc L~A I /n-/Jlalock d- 3 Subdivision Or-,ji ntt} Land Use Plan DesignationU m rn e f'C,r:t ( Lot Size: t Jg'acf-eS (acres/SF) YbwflS,re TaxparceINo.ll{~1 ;)Od-6 Zoning Designation: () R . , DEVELOPMENT PROPOS~~ INFORMATION A. What structures are located on the property? D. What is your development time schedule? CUP PERMIT 11/1111 1 of 3 d-I ""--- ". E. Prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit (CUP), it shall be established that the use satisfies the following conditions {SCe ~ 15.10.3201: 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: 5e e. If'It-Ac HG D PA Gi G 2. The. value of the adjoining property will not be significantly impaired: Se~ kffA-cHCP PA-fzt- 3. The proposed use is in harmony with the Seward Comprehensive Plan: S (; f #A-Ci/GD fl..46 ~ 4. Public services and facilities are adequate to serve the proposed use: 5 ff AfiAUJGO P.1fh~ ..~..,.1t..., 't ~ \.# 5. The proposed use will not be harmful to the public safety, health or welfare: )'E. ~ fffflr((f(:() p~ 6- 'il . .. 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 1 1199 2 of 3 d-,:A. -. ....:-.~-:.. . , . 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; cl parking configuration;dl driveways/access: el I'latural features; and fl 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: ( I ( I ( I (X Owner of record; Lessee; Contract Purchaser: Authorized to act for a person who has the following legal interest: 5'evJa rrJ- 8, P. e. 61 J(s# J7 7 3 ~(t4l fC"Jer 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 meetin the firs ednesday of each month. Applicant's Signature: Property Owner's Signature Enclosed: Fee: $250 ( I Site Plan ( I Elevation Plans ( I Location Map ( I . Other ( I - ~ 'lI CUP PERMIT 11/99 3 of 3 ~'J . . Attachment for Conditional Use Permit Application Seward Elks Lodge - Applicant, Seward Temple Corporation- Owner The Seward BPO Elks 1773 hereby alleges that: 1. The use is consistent with the purpose of the Seward Zoning Code and the purposes of the zoning district: Yes. With regard to the 12 stated purposes of the Seward Zoning Code (15.10.115), the proposed conditional use is entirely consistent with the stated purposes. Furthermore, this use will benefit not only the immediate surrounding properties, but the community as a whole by giving a longstanding community organization, with a history of supporting nearly every community event, program, and need for the past half century a place to operate within the city limits of Seward. In terms of the purposes of the Office Residential zoning district, this proposed conditional use fits well within what is described in the Zoning Code [15. 05. 025. (B)(6)]. The code specifies that this district is to be a transition between the central business district and the surrounding medium-high density residential districts, with an expected mix of commercial, residential, and other types of similar medium-high density development. This proposed use fits into this description. Additionally, since the building was originally designed and operated similarly to this proposed conditional use, which predated the Zoning Code, it is to be understood that the drafters of the Code expected current usage at the time to be consistent with their document's vision. 2. The value of the adjoining property will not be significantly impaired: Yes. Because the proposed Conditional Use is similar to the designed purpose and use of the building, the property values of the area will not be significantly impaired. The building was originally built and used for many years by the local Mason 's Lodge for nearly an identical purpose as the building is intended under the proposed conditional use. In fact, the conditional use will most likely improve the values of adjoining properties due to the fact that the building will be occupied by an organization dedicated to community benefits and conscious about its outward appearance to the community. 3. The proposed use is in harmony with the Seward Comprehensive Plan Yes. Based on the original and current design and use of the building under discussion, as well as the existing usage of properties in the surrounding area, this proposed conditional use is in harmony with the Seward Comprehensive Plan. The surrounding area is almost entirely public oriented buildings (Post Office, American Legion, Catholic Church and Rectory, Dentist Office, Art Gallery/Store) and several high-medium density residential locations (on 5th and 4th) with afew residences-some with attached offices). The building, under the conditional use, will be used for regular lodge and club activities and events as well as for frequent community activities and events sponsored by the BPOE as well as other local organizations. The conditional use being applied for is in harmony with both the intent of the comprehensive plan as well as the current development of the area. 4. Public services and facilities are adequate to serve the proposed use: d-f Yes. Because this Conditional Use fits within the primary use of the existing building, as a Fraternal Lodge. there is no expected change to the current level of usage of public services or facilities. It is expected that the premesis, under the approved conditional use, will utilize the same amount of City of Seward Police. Fire, First Aid/Rescue, Streets and Roads, water, sewer, electricity, and garbage collection services that were used by the owners of the building or its most recent tenant, RuralCAP Headstart. There have been no problems to date with the adequacy of public services or facilities at this location and the Masons have recently renovated the physical plant of the building to prevent future potential problems with public utilities. 5. The proposed use will not be harmful to the public safety, health or welfare Yes. Because this Conditional use fits within the primary purpose of the existing building, as a Fraternal Lodge, there should be no detrimental effects to the public safety, health or welfare of either the immediate area or the community as a whole when compared to the current external effects of the building. Records will indicate that over the past 50 years, there have been so Iowa number of public safety related City of Seward responses to the current lodge building that there is no difference statistically between the current lodge building and nearly any other commercial or office residential property in the community. In fact, by moving the Lodge to this location, positive effects to the surrounding area can be expected to occur as a result offraternal pride in the building and numerous community activities and events that will be held at the location. :+.f) . . Other l)Qt~ntialConcerns Related to Conditional Use Q Parking The current layout of the parking lot has approximately 10 spaces. There are current plans to convert an existing area of grass surrounded by a chain link fence into additional 20 parking spaces. Furthermore, arrangements have been made and permission granted by the Sacred Heart Catholic Church to allow the use of their parking lot as overflow if necessary for larger Lodge or community activities. It is not expected that allowing this proposed conditional use will cause additional on street parking or traffic congestion in the immediate area of the property. Q Operating Hours The planned usage of this building will vary based on community and lodge activities that will take place on the premesis. Lodge Meetings are held bi-monthly on Thursday evenings and rarely go later than 10 PM or draw crowds in excess of 20 persons. Club hours are expected to be Friday and Saturday evenings as late as midnight. Special events for club members or outside organizations will occasionally have live music or end later than midnight. It is expected that this conditional use will not in any way disturb adjoining or nearby properties in ways preventable or related directly to the conditional use. Q Signage / Building Appearance The conditional use does not anticipate any substantial changes to the exterior of the building. The only permanent signage to be placed on the building will state "Seward Elks 1773 " or "BPOE ". Additional temporary signage may be placed on the building to advertise particular community or lodge related activities or events. No advertising will be visible from outside the building (liquor or beer window lights. etc). It is hoped that the building will be painted to a more neutral color by either BPOE or the Seward Temple Association (Masons), but there are no specific plans for this at present. There are no plans to alter the exterior layout of the building other than the conversion of a grassy area to parking. ~ Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND WNING COMMISSION RESOLUTION 2006-13 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMIS- SION,RECOMMENDING KENlAPENINSULABOROUGHAPPROV ALOF LOTS 13-15, BLOCK 11 ORIGINAL TOWNSITE OF SEWARD WENGER REPLAT WHEREAS, Cline & Associates submitted a preliminary plat of Lots 13-15, Block 11 Original Townsite of Seward, Wenger Replat to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the subdivision replat vacates the interior lot line of Lots 13, 14,and 15, Block 11 Seward Original Townsite and creates one Lot 13A; and WHEREAS, this platting action creates a lot of approximately 9,003 square feet; and WHEREAS, the new lot meets the minimum lot size and width requirement of the Seward City Code; and WHEREAS, the property is zoned Central Business District; and WHEREAS, the property is served by existing public utilities and developed streets, and therefore meets all of the requirements of the Seward Subdivision Code. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends that the Kenai Peninsula Borough approve the Lot 13A, Block 11, Seward Original Townsite, Wenger Replat. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of May 2006. ;)7 Seward Planning and Zoning Commission Resolution 2006-13 Page 2 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Marianna Keil, Chair dB P&Z Agenda Statement Meeting Date: May 4, 2006 Clark Corbridge, City Manager CI~ '-lHl" Malcolm G. Brown, Planner/A""~Z--- r of"Sl:~ ~~~ " ,~,;~<;.~ ~~-,..., "l~4S"'''' Through: From: Agenda Item: Preliminary Plat Review of Lots 13-15, Block 11, Original Townsite of Seward, Wenger replat BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat to vacate the interior lot lines of Lots 13 -15, Blockll, Original Townsite of Seward. This lot line vacation will combine Lots 13 - 15 into a single parcel of approximately 9,003 square feet. In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. Subdivision Review: Zoning: The property is zoned Central Business District, (CBD). Utilities: The property is served by the existing public utilities and maintained streets, therefore a subdivision agreement is not required. Existing water, sewer and electric lines are located in the adjacent right-of-ways. There are several fire hydrants within an approved distance, one at the intersection of Second Avenue and Washington Street another at the Third A venue and Adams Street intersection. Size: The new lot will contain approximately 9,003 square feet. The new lot will have a width of ninety (90) feet, which meets the requirement for lot widths in the CBD. Existing Use: Currently there are two unused structures located on the property. One is a 408 square foot log cabin structure that previously housed a commercial gift shop and the other is a 1940 structure which was previously used as a family home. It is the understanding of staff that the current owners plan to remove the current structures and construct a d9 commercial building. Flood Zone.: The property is not in a Flood Zone. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (1990) 2. Strategic Plan (1999) 3. Seward City Code ..lL l l RECOMMENDATION: Commission approve Resolution 2006-13, recommending Kenai Peninsula Borough approval of Lots 13 - 15, Block 11, Original Townsite of Seward, Wenger Replat. 36 34 7 -----_J L_______~ I I 33 I I 8 I ------~ ~-------~ I I I 32 I - - - - - - ': 9A : I I I -----_J ~---~---~ I I~ ~I 30 I I'i. 11 ~I ------~~ --------- I [ I! !I 29 I "81~ 12 ~I - - - - - - -t f!:l ~ 58933'49, 99.95' I ! __ (~, 100') I i;;f ~ ~ 8 (~) - - - -- - J ~ ~ ~ Form"r Lot Un. d ~ I a~:::1 LOT 13A ~~ !;l 27 I ~ . ~~ BLOCK 11 :'" ~ - - - - - - i ~ r 9;0; ~'o~"'FT. ~~ ~ ::0 I (201 ~ 5f 100' - - - - - - , N89'5B'J7"W 99.9J' ~ L1s I 16 I_~ I I I ~ '" ------- --------- "g I ).... I I! '? 24 I lu I 17 I C ------~ -./ 1---------1 gj I ~ I !~I & 23 I I ~ ~I Q; ------, I v I nl I I 18A I I I I ------1 I I I I I -_____-.J L_______~ 31 28 26 22 ~ !'> 2 21 I I~ ,as I~ ,c) !~ I I I I I I I I I I I I I I I 34 L_____ I I 1------ I I r----- I 31 ~----- I 30 L_____ I I 29 1------ I I r----- ~ I U 27 L-S---- I m I 26 f------ I I r----- I 24 L_____ I I 23 f------ I I r----- I 21 L_____ (<4C') o '" __ W~SHIN9TON_ ST ___ g ~__L______ ~ ~ v & ----------------~ BLOCK SA OCEAN VIEW SUBD. ADD. NO 1 I WASTEWATER DISPOSAl 33 Plans for wosle.allW disposal. thot mat regufotory requirement. or. on file at the Departml!l'\l of EnYlronmentol Conservation. 32 LEGEND 19 fOUnd Rebar &: PI. Cop lS 7569 (& Found Rebar &: AI. Cap, Pleglll. .. Set 5/8"24'" Rebar&; Plastic Cop, lS 7569 Record Data Seward Townsite. Plot No. 1, Seward Rec. District ,...., 100.05' Ueoaured this IlUlVIi'!y CITY OF SEWARD 28 APR 1 4 2006 PLANNING OFFICE 25 NOTES 1 The sole purpose of this plot II to vocate lot lines. 2 This lot Is subject to the City of Seward's ZonIng and Land Use ReguloUona. "" / 4 3 9 10 3 I , CERTIFICATE OF OWNERSHIP ~ND DEDICATION w. i hereby eerllry that .. are the owne s of lhe real property shown and described h....eon and that we hereby adopt this pion of ....bcNYislOl'l by our free conllent ! : Mlcheol B. Wenger 118 Kekoha Pfoce Honotulu. HI 96825 I ToI WenO'" 11B l<ekof1o P1aee Honolulu, !HI 96825 I NOTARY"S ACKN01M rn~U'F'NT FOR SUBSCRIBED AND SWORN m BEfORE ME THIS OAY:or . 20 NOTARY FOR ALASKA MY COLI.lISSlON EXPIRES NOT....RY'S ACl<NOM.FDGF:'UE:NT FOR SUBSCRI8fJ) AND SWORN TO BEFORE WE THIS DAY or . 20 PLAT APPROVAl Thil plot wall approved by the Kenol Peninsula Borough NOTARY FOR ALASKA Planning Commission In oceordonce wlttl Sectlan 20.0.....070 Kenai Peninsula Borough SubdMslon RegUlations. Date 22 Borough Offlclol SURVEYOR'S CERTIFICATE I "....eby certify that; I om properly reglst-.d and llcen_d to practice land llUr-veylng In the Stat. of Alaska, thIs plat ....nent. a aurwy mod. by mil 01" under my direct auplllln'flllon, the monumentll shown tlw.on actually nl" ttII dnerlbed. and 011 dlmeo.lon. and oU'Iet" detallll are correct to the normal IItond(Jl"ds or pracllce af fond lSUn'eyors 'n the Stote of NaRa. DATE MY COMMISSION EXPIRES SEWARD ORIGINAL TOWNSITE WENGER REPLA T A RESUBDMSlON OF LOTS 13-15, BLOCK 11 LDCA TED IN THE SW 1/4 SECTION 10 TOWNSHIP 1 SOUTH, RANGE 1 WEST SEWARD MERIDIAN, ALASKA SEWARD RECORDING DISTRICT CITY OF SEWARD CLINE AND ASSOCIATES LAND SURVEYORS 416 4th AVENUE PO 80X 2703 SEWARD. AK 99664 (907) 224-7324 FAX (907) 224-60Ba DATE: 04 2 06 SCALE; '--JO' DRAWN: WNC F.O. BK.: Q6 01 DRAWING NO.: 06 13PPl K.P.B. FlLE I: 2006-xxx Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA PLANNING AND WNING COMMISSION RESOLUTION 2006-14 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION RECOMMENDING THE pLANNING COMMISSION PRIORITIES FOR 2006 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 in order to review priorities on March 21, 2006; and WHEREAS, the Commission respectfully requests the Council review and provide comments on the priorities developed by the Planning and Zoning Commission; and WHEREAS, at the May 4th, 2006 meeting the Planning and Zoning Commission reviewed the recommended priorities and approved submission to Council for further guidance. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The following list of priorities with status updates and timelines is hereby recommended to the City Council for review and comment: Plannm!! Proiects 1. ADA Transition Plan - The ADA Transition Plan needs to be completed. Add ADA review to building permit review and include it for Certificate of Occupancy review. Encourage increased communications between the Building and Engineering Department and the Commission. Encourage the Independent Living Center to provide facility inspections and status updates. 2. Capital Improvement Plan -The Capital Improvement Plans may be reviewed by the Commission prior to submittal to Council. If a two year budget cycle is approved by Council, this type of review could be done in the off year. 3.2 Seward Planning and Zoning Commission Resolution 2006-14 Page 2 3. ARRC Master Plan - Maintain involvement with the process and review the ARRC Master Plan. Encourage the ARRC to make presentations. 4. Airoort Master Plan - Submit recommendations on the Airport Master Plan to the Alaska Department of Transportation, Public Facilities. The draft should be ready for review once the environmental studies have been completed. 5. Municipal Lands Management Plan (1995) - Recommend to Council that it be updated. This update could be done by administration. 6. Parks and Recreation Master Plan (1993) - Recommend to Council that it be updated. 9. State lands and ROW Recommendations. Become more involved and provide recommendations to Council on local DOT projects. Research the level of involvement provided by the Anchorage Metropolitan Area Transportation Study (AMA TS) and/or similar bodies. 10. Coastal Zone Manll9:ement Plan. Make recommendations to the Borough on the Coastal Zone Management Plan. 11. Planning Commission Rules of Procedure. - Develop and adopt. Code Revisions 1. Nonconforming structures and setbacks - Ongoing, being reviewed through work sessions and applicant driven commission actions. Review and recommend vacation of excess easements. 2. Subdivision Ordinance Revision - Ongoing, the application forms need to be revised. 3. Historic Overlav District - Investigate historic structure construction exemptions with the full involvement of the Historic Preservation Commission. Encourage a joint work session and resolution. 4. Definitions - Consolidate the Title 15 definitions and consider reformatting sections. 5. Waterway buffers - Research buffer options and seek training. Encourage the involvement of the Seward Bear Creek Flood Service Area Board and the United States Forest Service. 6. Parkin~ - Amend the City Parking Ordinance to bring it in compliance with the Americans with Disabilities Act. Seek public involvement in the process. 33 Seward Planning and Zoning Commission Resolution 2006-14 Page 3 Citv Land. Ri2bt-of-Wavs & Plattin2 Proiects 1. City Land disposal nolicies and procedures - Clarify, emphasize land use permits when more appropriate than leases and emphasize use of the Municipal Lands Management Plan. 2. Two Lakes Park Replat - Ongoing, all private in-holdings have been acquired. Vacate interior lot lines and right-of-ways, and ensure accesses are maintained. Acquire the 29 adjoining acres in USS 1931. Hopefully Parks and Recreation win be able to seek grants to assist with this project. 3. Waterfront Park Replat - Vacate interior lot lines and right-of-ways. Administration needs to initiate action on it. 4. Transfer the old National Guard armory to A VTEC - Encourage but continue to maintain access to Two Lakes Park. Staff will need to do research and forward recommendations to the Commission and Council. 5. ARRC Lands - Continue to work with the Borough and the ARRC to ensure orderly development and subdivision activities take place prior to development. Invite the ARRC to make presentations. 6. Clearview Subdivision Utility Easement/Allev - Conduct outreach with the property owners in the subdivision to seek solutions. The utility easement might be eligible for prescriptive easement status. 7. Nash Road bench study - Use dedicated proceeds from sale of City land to the Andersons. Forward recommendations to the Commission and Council during the budget sessions. Enforcement 1. Applications need snecific packets with checklists - Encourage tight response times for permit reviews. 2. Conditional Use Permits - Have staff bring before the Commission for an annual review. 3. Zoning Code Violations - Proactively evaluate methods to obtain compliance including researching techniques and procedures for issuance of citations. Encourage public education about the need for the requirements in the zoning code. 3~ Seward Planning and Zoning Commission Resolution 2006-14 Page 4 4. Training - Seek training on land use regulation processes, Conditional Use permits, spot zoning~ overlay districts, platting, Open Meeting Act and overall review of duties and responsibilities of the Planning Commission. 5. Community Values Meeting - Hold an annual work session which will encourage the public to speak out on the community values they want changed or sustained, preferably in the third week of September. 6. Street Addresses - Publicize the need to post street addresses. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of May, 2006. THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Jean Lewis City Clerk, CMC (City Seal) 36 P&Z Agenda Statement From: May 4, 2006 Clark Corbridge, City Manager Cf~ y-z () ~ ~ Malcolm G. Brown, Planner ~~ r 0" SF", ~'t1> ~ .,\"., ~ '0 " .~F';;;;.'t ~~~~;;~ . ~iV" "I(ASI'-I': Meeting Date: Through: Agenda Item: Annual review of the Planning Commission priorities BACKGROUND & JUSTIFICATION: These projects and priorities were discussed at the annual joint Council/Planning Commission work session held on March 21,2006 and at the April 4th, 2006 regular meeting of the Planning Commission. Staffhas added the following recommendation under the category of "Planning Projects", based on comments received from commissioners: "11. Planning Commission Rules of Procedure. - Develop and adopt." The following items are proposed in Resolution 2006-14: Planum!! Proiecls 1. ADA Transition Plan - The ADA Transition Plan needs to be completed. Add ADA review to building permit review and include it for Certificate of Occupancy review. Encourage increased communications between the Building and Engineering Department and the Commission. Encourage the Independent Living Center to provide facility inspections and status updates. 2. Capital Improvement Plan -The Capital Improvement Plans may be reviewed by the Commission prior to submittal to Council. If a two year budget cycle is approved by Council, this type of review could be done in the off year. 3. ARRC Master Plan - Maintain involvement with the process and review the ARRC Master Plan. Encourage the ARRC to make presentations. 4. Airport Master Plan - Submit recommendations on the Airport Master Plan to the Alaska Department of Transportation, Public Facilities. The draft should be ready for review once the environmental studies have been completed. 5. Municipal Lands Management Plan (1995) - Recommend to Council that it be updated. This update could be done by administration. 3(, 6. Parks and Recreation Master Plan (1993) - Recommend to Council that it be updated. 9. State lands and ROW Recommendations. Become more involved and provide recommendations to Council on local DOT projects. Research the level of involvement provided by the Anchorage Metropolitan Area Transportation Study (AMATS) and/or similar bodies. 10. Coastal Zone Management Plan. Make recommendations to the Borough on the Coastal Zone.Management Plan. 11. Planning Commission Rules of Procedure. - Develop and adopt. Code Revisions 1. Nonconforming structures and setbacks - Ongoing, being reviewed through work sessions and applicant driven commission actions. Review and recommend vacation of excess easements. 2. Subdivision Ordinance Revision - Ongoing, the application forms need to be revised. 3. Historic Overlav District - Investigate historic structure construction exemptions with the full involvement of the Historic Preservation Commission. Encourage a joint work session and resolution. 4. Definitions - Consolidate the Title 15 definitions and consider reformatting sections. 5. Waterway buffers - Research buffer options and seek training. Encourage the involvement of the Seward Bear Creek Flood Service Area Board and the United States Forest Service. 6. Parking - Amend the City Parking Ordinance to bring it in compliance with the Americans with Disabilities Act. Seek public involvement in the process. City Land. Rie:ht-of-Wavs & Plattine: Proieets 1. City Land disoosal policies and procedures - Clarify, emphasize land use permits when more appropriate than leases and emphasize use of the Municipal Lands Management Plan. 2. Two Lakes Park Replat - Ongoing, all private in-holdings have been acquired. Vacate interior lot lines and right-of-ways, and ensure accesses are maintained. Acquire the 29 adjoining acres in USS 1931. Hopefully Parks and Recreation will be able to seek grants to assist with this project. "37 3. Waterfront Park ReDlat - Vacate interior lot lines and right-of-ways. Administration needs to initiate-aetienon-it.----- 4. Transfer the old National Guard armory to A VTEC - Encourage but continue to maintain access to Two Lakes Park. Staff will need to do research and forward recommendations to the Commission and Council. 5. ARRC Lands - Continue to work with the Borough and the ARRC to ensure orderly development and subdivision activities take place prior to development. Invite the ARRC to make presentations. 6. Clearview Subdivision Utility Easement/Allev - Conduct outreach with the property owners in the subdivision to seek solutions. The utility easement might be eligible for prescriptive easement status. 7. Nash Road bench study - Use dedicated proceeds from sale of City land to the Andersons. Forward recommendations to the Commission and Council during the budget sessions. Enforcement 1. ApDlications need SDecific packets with checklists - Encourage tight response times for permit reviews. 2. Conditional Use Permits - Have staff bring before the Commission for an annual review. 3. Zonin2 Code Violations - Proactively evaluate methods to obtain compliance including researching techniques and procedures for issuance of citations. Encourage public education about the need for the requirements in the zoning code. 4. Training - Seek training on land use regulation processes, Conditional Use permits, spot zoning, overlay districts, platting, Open Meeting Act and overall review of duties and responsibilities of the Planning Commission.. 5. Community Values Meeting - Hold an annual work session which will encourage the public to speak out on the community values they want changed or sustained, preferably in the third week of September. 6. Street Addresses - Publicize the need to post street addresses. RECOMMENDATION: Staff recommends the Commission approve Resolution 2006-14. 3g' P&Z Agenda Statement Through: May 4, 2006 Clark Corbridge, City Manager CI~ ~'Z7-fl' Malcolm G. Brown, Planner.)l~ r O~S"11i J.....~~~ .... ..J.:.~. \ _ 0 " .,.~u";;'l '- "~~;~~.' >o:;iJ(S",. <l~AS\4l> Meeting Date: From: Agenda Item: Discussion of the procedure used for the public presentation of' docunients which were submitted directly to the Planning and Zoning Commissioners and the Seward City Council members, but were not made available to City administration or the public until several days later BACKGROUND & JUSTIFICATION: On April 4th, 2006, Alaska SeaLife Center (ASLe) staff made a direct submission of information to the members of the Planning and Zoning Commission and to the Seward City Council members. This information was not presented to staff and was therefore not available to the public. Although most of this information had previously been submitted to staff and was available to the public through inclusion in Planning Commission agenda packets and via the Requests for Information procedure, some items, particularly the lease amendment prepared by the ASLC, were new and had not been seen by City staff or the public. Staff is concerned that the information which was relevant to actions taken by the Planning Commission and which may have affected commissioner's decisions was not available to the public. Staff is concerned that this might have been a violation of the Open Meetings Act, and therefore disclosure and documentation of the activity is necessary. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2006) l The Comprehensive Plan "value(s) an open, responsive city government based on a high level of citizen input and community involvement (page 13)." 2. Strategic Plan (1999) l The Strategic Plan states "The mission of the City of Seward is to provide quality leadership, operate efficiently, be responsive to the desires of its residents, preserve and promote the unique heritage and natural setting of the city, and further the social and economic well-being of its citizens (page 2)." 31 Page 2 of2 RECOMMENDATION: Staff recommends that all information relevant to a public hearing which is received by Planning Commissioners always be made available to City staff and to the public. ------ 40 ~ .. .. .. . lit -- lit lit .. .. .. .. .. .. .. .. ..~ .. .. .. " " " " '" ... ... ... ... -- ... ... Financial Disclosure Alaska's Public Official Financial Disclosure Law, AS 39.50, must also be considered in relationship to the conflicts of interest requirements. In fact, in the past, it was called the Conflict of Interest Law, even though it has never regulated or prohibited conflicts of interest. It only requires that certain public officials, including planning commission members, annually file a statement disclosing the official's financial interests held during the preceding year. Public financial disclosure is intended to discourage public officials from promoting a private or business interest in their performance of a public duty and to assure that public officials are free of the influence of undisclosed private or business interests in their official acts. The law is further intended to develop accountability in government by permitting public review of the personal finances of office holders. Members of a municipal planning commission must file the disclosure statement with their municipal clerk. You should be able to obtain from your municipal clerk a copy of the instruction manual published by the Alaska Public Offices Commission (APOC) that explains the requirements of the law. Failure by a commissioner to make a timely disclosure required under AS 39.50 will not jeopardize commission decisions; however, it will - subject a commissioner to civil fines imposed by the Public Offices Commission or possible misdemeanor prosecution by the state. AS 39.50 requires that each financial disclosure statement be an accurate representation of a commissioner's financial affairs and, to the extent known, the financial affairs of specified family members for the prior calendar year. It must be filed under oath. AS 39.50.145 allows municipalities to exempt themselves from the financial disclosure requirements of AS 39.50 upon an affirmative vote of the residents. Your municipal clerk or the Alaska Public Offices Commission can tell you whether your municipality has exempted itself from the financial disclosure requirements of AS 39.50. Open Meetings Act Alaska's open meeting law (AS 44.62.310) has been in effect since Statehood; however, until 1980 there was no mention of the act in any court decisions. Since 1980 there has been an increase in litigation concerning the Open Meetings Act. This interest in the act should cause local planning commissions to carefully examine their practices to ensure compliance with the Act. Decision-Making C/v",prer FOJAr . What legal basis do you use for your decisions? ..J Federal and state constitutions ..J State enabling legislation (AS 29) ..J Municipal charter ..J Local regulations ..J Procedures in your code ..J Commission bylaws ~ ~~ ~ (') f'--~~ ':--<CI~ N ~ ~ ~ ~ ~ 'i'\ ~ ~ ~ ~ t ~7 -'-..,l'C'f r-vw- Uecrsion-Making 38 What Does the Act Require? AS 44.62.310{a) provides that: All meetings of a governmental body of a public entity are open to the public [with certain exceptions]. The purpose of the act is to ens~re that the public has a ~easonable opportunity to obs~x:'e gove~mg body decision making. DeClslOn-making involves not just the voting on a matter, but the discussion and argument leading to the vote and the information gathering process as well. The Act gives the public the opportunity to obs~rve, but not the right to speak or give testimony at meetings. The local ordinances usually provide specifically for the right to be heard at meetings. Municipal assemblies, city councils, boards, commissions, committees and si~~ bodies with authority to establish polICles, make decisions, advise, or make recommendations are covered by the Act. The Act further provides that any action taken contrary to the Act is voidable. In general terms the Act requires: ~pen. Fo.rum. Any fact gathering, mve~hgat~on, or discussion regarding publIc busmess, formal or informal- must be open to the public. Reasonable Public Notice. Unless a legitimate emergency exists, reasonable public notice should be provided for all meetings of the commission. The notice must include the date, time and place of the meeting. It is common to provide a week's notice or longer. Notice of commission meetings must be posted at city hall or ,?orough ~eadquarters and must be given m a conSIstent fashion for all Commission meetings. Teleconferencing. Meetings held by teleconference must be open to the public and. must meet Open Meeting Act reqUIrements, including giving notice of the t~leconference site locations and having avaIlable commission materials at teleconference .sites. Open Voting. Except for a vote to organize the commission, the voting shall be conducted so that the public knows the vote of each person entitled to vote. Executive Session. Specific procedures must be followed in order to hold an executive session, that is, a session in private behind closed doors. How is the Act Interpreted? . The act is interpreted liberally and in favor of openness. Any discussion of public business by a majority is definitely a meeting; however, a majority may not be required for a violation of the Act to occur. For all bodies with eight or more members, a gathering of four members is sufficient. A meeting encompasses every step of the decision-making process including 4 4 ~ 4 ~ ~ II III ! ~ - -- .. .. .. ... ~ .. WI 'III ... ." .. .. .. ." ." .. ..i.. .. .- .. :19 ~ t . . . - It " " , , it it '" '" .. lit ~ .. lit .. .. .. '" '" '" .. .. .. iii It .. .. Decision-Making eMftV'" FotAr information gathering and preliminary and informal deliberations where no decision is made. To be safe, whenever commissioners are gathering facts, exchanging ideas, suggesting strategies, or otherwise dealing with matters of substance, they should be alert to the possibility that they are engaged in a meeting of a public body and must comply with the Act. What Happens If the Act Is Violated? The Alaska Supreme Court has taken a stern view of violations. Any action taken by the planning commission in violation of the Open Meetings Act can be made void by the court. When the commission follows the procedures required by the Open Meetings Act, political or legal problems are seldom raised. It is when the procedures are ignored, either intentionally or unintentionally, that the public and the press may become alarmed and assume the worst about secret meetings. Planning commissioners should ensure that proper procedure is followed at all times. P&Z Agenda Statement Meeting Date: May 4, 2006 Clark Corbridge, City Manager ~ 4 -21-0' Malcolm G. Brown. Planner~..#--- ~ o~ s,,~ ......~-s> .... !..J,." ~ 0 " "-F"';;;::t '~~..~;, '-;a-~ '" 'lc~s...1> Through: From: Agenda Item: Review of the Seward/Bear Creek Flood Service Area Board Flood Hazard Mitigation Plan (July 2005) BACKGROUND & JUSTIFICATION: The Flood Hazard Mitigation Plan (July 2005) prepared by the Seward/Bear Creek Flood Service Area Board (SBCFSA) has been provided to the Commission for review. The plan is a welcome addition to the ongoing efforts of citizens, staff, public officials to mitigate flood hazards in both the City of Seward and the surrounding areas in the Resurrection Bay watershed. CONSISTENCY CHECKLIST: Yes No Nt A 1. Comprehensive Plan (2006) .lL The Comprehensive Plan supports flood hazard mitigation. 2. Strategic Plan (1999) .lL The Strategic Plan encourages mitigation of flood hazards (page 11). RECOMMENDATION: Staff encourages the Commission and the SBCFSA to continue to work together on flood hazard mitigation. 11 City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 34 Call to order The April 4, 2006 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Tom Smith, Vice-Chair. Opening Ceremony Commissioner Hohlled the Pledge of Allegiance to the flag. Roll Call There were present: Tom Smith presiding, and Margaret Anderson Kevin Clark Sandie Roach' Kay Strobel Lynn Hohl comprising a quorum of the Commission; and Clark Corbridge, City Manager Malcolm Brown, Planner Donna Glenz, Planning Assistant Absent was: Marianna Keil- excused City Administration Report City Planner, Malcolm Bro~n - updated the Commission on the following business items: ~ GIS CC)tlSultant 'Wa& continuing to review and update the Seward addressing system ~ Historic Preservationmeetingfor April was scheduled for Wednesday, AprilS, 2006. The Hoben Park National Register of Historic Places was submitted to the State Historical Commission and will be forwarded to the Keeper of Records for final review. ~ Position of Temporary Assistant Planner had been posted. ~ EP A grant had been submitted for work on surveying the local wetlands. KPB Planning Commission Report by Lynn Hohl Hohl submitted a written Kenai Peninsula Borough report as a lay down for the Commission and the public. Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Board 45 City of Seward, Alaska April 4. 2006 Planning Commission Minutes Volume 6. Page 35 Randy Stauffer, Bel!!' Creek Flood Service Area Board representative gave highlights of the April 3, 2006 Flood Service meeting. }.> Presentation by Scott Walden. Emergency Management Coordinator }.> Presentation by Mike Gracz, Kenai Watershed Forum Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None Approval of Agenda and Consent Agenda Motion (StrobellHohl) Approve the Agenda and Consent Agenda Consent Agenda included the March 7, 2006 regular meeting minutes. Hohl added Discussion of the City Managers Recommendations for Boards and Commissions as New Business item 9.E. Smith called for Unanimous consent Motion Passed Unanimous Consent Unfinished Business requiring a Public Hearing Resolution 2006-09 providing a recommendation to City Council regarding a proposal by the Seward Association for the Advancement of Marine Science (SAAMS) to lease a portion of the Alaska Tidelands Survey 174, located south of City owned Tract 2A, Water Front Tract, currently leased by SAAMS. [as postponed from the March 7, 2006 Planning and Zoning Meeting) Brown stated the Resolution had been postponed at the March 7, 2006 meeting and was before the Commission verbatim as postponed. He noted that further information was provided in the packet, including the requested copy of the proposed Lease Amendment #5 as presented by the City. Corbridge noted the administration recommended the Commission forward the resolution to City Council with the recommendation that Council approve the lease with the recommendations the Commission deems appropriate. He suggested the Commission recommend approval of the lease with general conditions. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. q~ City of Seward, Alaslca April 4, 2006 Planning Commission Minutes Volume 6, Page 36 Dan McDonald, Director of Marine Operations for Kenai Fjords Tours (KFD. Stated he had spoken in opposition to the lease to Seward Association for the Advancement of Marine Science (SAAMS) at the March meeting. He reviewed the items of opposition and stated KFT would support the cities recommendation to approve the resolution using the City's Draft Lease Amendment No.5 between the City of Seward and SAAMS. John Moline, inside the City. Stated as a member of the commercial boating community in Seward he was opposed to a private dock on City property. He voiced concerns with a non-profit research facility allowing a for-profit business to own assets on its leased property. He continued to voice concerns with the possible contradictions between the current lease and the proposed lease amendment. Gary Sommerfeld, Major Marine Tours. Opposed the operation of the daily tour boat by the taxpayer supported Alaska SeaLife Center which was in direct competition with private enterprise. He stated the City's Lease Amendment No.5 better represented the interests of the City of Seward. Rick Blythe, Director of Visitor Services, Alaska. SeaLife Center. He stated this was a simple lease amendment and if the Commission had questions please ask. He noted the operation had a very tiny, almost worthless advertising budget in comparison to other for-profit businesses. Carl Stevens, Finance Director, Alaska SeaLife Center. He stated no taxpayer dollars were spent for this project. He noted that all dollars came from the Operating Surplus Budget. He stated private dollars were being used to build and operate the private dock and the $3.50 head tax was to go to the private operator to repair those costs. He stated it was the wish of the Alaska SeaLife Center to sit down with the City and negotiate the Lease. He requested the Commission approve Resolution 2006-09 as written. Jeremiah Campbell, Partner/Owner of the Alaska Northern Outfitters. He voiced frustration that he had not beenabl(:: to meet with the City Manager to negotiate a lease contract. He encouraged the Commission to approve Resolution 2006-09 as written without additional language. In response to Hohl, Campbell stated that all ticket sales were to be from inside the Alaska SeaLife Center. He also stated that both the Alaska SeaLife Center and Alaska Northern Outfitters would be doing th(:: advertising. He hoped to have many other vendors selling the tours. Trevor McCabe, Partner/Owner of the Alaska Northern Outfitters. Submitted a spreadsheet with the differences between the KFT lease of 1998 and the current proposed SAMMS lease. No one else requested to be heard and the public hearing was closed Staff noted the Motion to approve Resolution 2006-09 was on the floor as postponed from the March 7, 2006 meeting. Motion (Clark/Smith) Approve Resolution 2006-09 47 City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6. Page 37 Anderson stated that the current lease with the Alaska SeaLife Center was eleven years old and needed to be reviewed completely. Motion (AndersonJRoach') Amend Resolution 2006-09, Third Whereas, Delete the word Private Motion Passed Yes: Roach', Hohl, Anderson, Strobel Smith, No: Clark Motion (AndersonJRoach') Amend Resolution 2006-09, Fifth Whereas; Delete completely. Motion Passed Yes: Strobel, Roach', Hohl, Anderson, Smith, No: Clark Motion (Anderson/Clark) Amend Resolution 2006-09, Add Whereas to read: "SAAMS and the City of Seward have addressed different points of view as to their partnership arrangement regarding leasing fee structure, private versus public use and other issues". Motion Passed Unanimous Motion (Anderson/Strobel) Amend Resolution 2006-09, Add Whereas to read: "Legal issues have been raised regarding property acquisitions by SAAMS and how it relates to the City" Motion Passed Unanimous Motion (AndersonJRoach') Amend Resolution 2006-09, Add Whereas to read: "Draft of Lease Amendments No. 5 (was) prepared (by the City) and provided to the public on March 30, 2006 and a draft of Lease Amendments No. 5 (was) prepared and provided to the Planning and Zoning Commissioners April 4,2006 by SAAMS Administration". 1~ City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 38 Motion Passed Unanimous Motion (Anderson/RoJlch ') ... . A~".dJlesolution 2006-09, Add new Section 2; Item 1; The Planning and Zoning Commission recommends SAAMS and the City of Seward negotiate and agree to an amendment or lease agreement addressing all differences and issues in the Lease and Operating Agreements for the Alaska SeaLife Center by the 2.f1' of April 2006 City Council Meeting. (This motion was italicized because no action was taken as stated; the motion was restated following discussion) Commission discussed the timeline and requested the complete Lease and Operating Agreement be reviewed and all issues addressed. Darryl Schaefermeyer, General Manager Alaska Sealife Center; Requested the Commission suspend the rules to allow him to address the Commission. Commission agreed to suspend the rules Schaefermeyer stated that while the Alaska SeaLife Center agrees there were issues that needed to be resolved in the Lease and Operating Agreement between the Alaska SeaLife Center and the City of Seward. there was also another overriding document which was the agreement between the Alaska Department ofFish and Game and the City of Seward. He felt it was an impossible task to work on the Lease and Operating Agreement and the Alaska Department of Fish and Game agreement with any kind of time constants and within the requested lease amendment before the Commission. Commission back on the rules Note: Motion to amend was re-stated as: Amend Resolution 2006-09, Add new Section 2; Item 1; The Planning and Zoning Commission recommends SAAMS and the City of Seward negotiate and agree to an amendment or lease agreement addressing all differences and issues by the April24t1l City Council meeting. Motion Passed Unanimous 4q City of Seward. Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 39 Motion (Roach'l Anderson) Motion Passed Motion (Hohl/Roach') Motion Passed Anderson Called for the Question Amend Resolution 2006-09, new Fifth Whereas, delete "would like to" and add "s" to the word encourage. Unanimous Consent Amend Resolution 2006-09, Title, add "DBA ALASKA SEALIFE CENTER", foUowing (SAAMS); and "SHOWN AS LEASE EXlBIT B DATED October 20, 1998" Unanimous Hohl stated that no recommendations had been made and encouraged the Commission to vote no at this time. Anderson withdrew her request for the Question Motion (Hohl/Roach') Motion Passed Motion (Hohl/Roach') Motion Failed Motion (Hohl/Roaeh') Motion Passed 50 Amend Resolution 2006-09, Section 1, Add a new Item 2; "Alaska State Statute 38.05.126 &127 shaU be considered in the negotiations of the lease agreement." Unanimous Amend Resolution 2006-09, Section 1, Add a new Item 3; "All ticket sales be limited to the Alaska SeaLife Center Lobby." Yes: Hohl, Anderson, Strobel No: Clark, Roach', Smith Amend Resolution 2006-09, Section 1, Add a new Item 3; "The City and the applicant are encouraged to negotiate the use of the dock by other operators taking into consideration liability issues." Yes: Roach', Hohl, Anderson, Stobel, Smith No: Clark City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 40 Vote on the Main Motion Resolution 2006-09, as amended Motion Passed Unanimous Note: Resolution 2006-09 was reconsidered before the close of the meeting Commission requested a 10 minute recess, returned at 9:25 pm New Business Items requiring a Public Hearing Resolution 2006-11, granting a variance from SCC ~ 15.10.220 Development Requirements to allow the existing ice house and grinder/pit and the proposed freezer unit, within the North and South side setbacks of Lot 2, Block 9, Fourth of July Creek Subdivision, Seward Marine Industrial Center, within the Industrial (I) Zoning District Brown oriented the Commission to the location of the requested variance. He noted the current lease parcel was located on an unusual manmade dock area. He stated there were no neighboring properties to the north, south or west. Brown stated staffrecommended approval of the variance request. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Bill Fejes, Polar Seafood Plant Manager, stated he was available for any questions. No one else requested to be heard and the public hearing was closed Motion (Anderson/Strobel) Approve Resolution 2006-11 Roach' and Clark stated they fully supported the variance. Motion Passed Unanimous Unfinished Business Review and Approval of written facts and fmdings of the March 16, 2006 Zoning Violation, Waliezer Appeal Hearing Motion (Anderson / Strobel) Approve written facts and findings of the March 16,2006 Zoning Violation, Waliezer Appeal Hearing 51 City of Seward, Alaska April 4. 2006 Planning Commission Minutes Volume 6. Page 41 Motion Passed Yes: Strobel, Roach', Hohl, Anderson, Smith Ab8tam:TIarK~~ - New Business Resolution 2006-10 supporting the concept of the Mariners Memorial for the Small Boat Harbor [as postponed from the March 7,2006 Planning and Zoning Meeting] Brown stated that staff completely supported the Mariners Memorial. Motion (Clark I Anderson) Approve Resolution 2006..10 Motion ( Roach' I Anderson) Amend Resolution 2006-10, First Whereas; Remove the word all and replace with "many". Motion (Hohll Strobel) Amend Resolution 2006-10, Second Whereas; Remove the word American Motion Passed Unanimous Review of the Annual Work Session Topics as prioritized at the March 21, 2006 Council I Planning & Zoning work session Commission requested the staffbring forward a resolution to accept the 2006 work session topics as presented.. Selection of the April 18, 2006 Work Session Topic The Commission selected a joint work session with the Historic Preservation Commission to investigate the suggestion of design guidelines within the Historic Overlay district, and a possible Transportation speaker. Discussion of the City Managers Recommendations for Boards and Commissions Commission added this item to the April 18, 2006 work session for discussion. Informational Items and Reports- (No action required) Anchorage Metropolitan Area Transportation Solutions (AMATS) 5].,,- City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6. Page 42 Commission Comments Hohl, requested procedure to reconsider a motion. Clerk stated that a request to reconsider a motion required a motion and a second to be placed on the floor. The motion required a two-thirds vote for approval. The motion to reconsider could be filed in the clerk's office by 5 :00 pm of the following business day and placed on the agenda for the following meeting. Or, if stated before the close of the same meeting agenda the Commission was to vote on the request to reconsider, if approved by a two-thirds vote the motion to be reconsidered was immediately back on the table before the Commission for discussion. Once the discussion and any subsequent amendments were completed the Commission was to then vote once again on the main motion. Motion (HobllAnderson) Reconsider Resolution 2006-09, as amended Motion Passed Unanimous Motion 2006-09, as amended was back on the table for discussion Motion (HohUAnderson) Amend Resolution 2006-09, Section 1, Add a new Item 4; "SAAMS is required to subdivide the new lease parcel subject to City approval 90 days after the effective date of the lease amendment." Motion Passed Unanimous Motion (Hohl'/Strobel) Amend Resolution 2006-09, last Whereas, following Conditional Use Permit; change wording to read "was approved at the March 7, 2006 Planning and Zoning meeting." Motion Passed Unanimous Vote on reconsidered Resolution 2006-09, as amended Motion Passed Unanimous Continuation of Commission Comments Clark, suggested the Lease Policy and Procedures be reviewed and adopted into the City Code. 6"3 City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 43 Stobe), concurred with Clark. Suggested the process be made easier for the public and develop a shorter time line. Voiced displeasure with the packet provided for review, she stated the packet contained an overload of information. She found the Spreadsheet provided by Trevor McCabe very helpful. Roach', thanked the public for sitting through the lengthy process and helping clarify each point. She voiced concern with the small town rumors regarding the Alaska Sealife Center. She encouraged administration to be upfront; she stated rumors happened because items were not upfront. Smith, concurred with Clark that the Lease Policies and Procedures be reviewed and codified. He agreed that the packet was overwhelming; he felt there Was. too much unnecessary information. In defense of staff he noted the Commission had asked for more information in the packets in the past and now was overwhelmed. Anderson, also encouraged the Lease Policies and Procedures be reviewed. She noted that currently a proposal to lease a piece of property could be brought before the City Council by resolution. She felt the process was too quick and needed the staff and public review before any lease was granted. Administration Comments Citizens' Comments Tanya Sandefur, outside the City. Thanked the Commission for the interest in the Lease Policies and Procedures. She noted she had requested that procedures be reviewed and followed many times. She requested these procedures be reviewed at a public work session. John Moline, inside the City. Concurred the Lease Policy and Procedures needed review and adoption into the code. He pointed out that a letter which had been sent by SAAMS in October 2005 regarding a plan to lease the tidelands had been sent to the Mayor. He stated he understood staff had .requested further information and had not received it until February. He thanked the Commission for the chance to voice his concerns. Darryl Schaefermeyer, Executive Director, Alaska SeaLife Center. Thanked the Commission for the time and efforts with the lease request. He stated he felt the letter sent to the Mayor was a formal request to lease property. He felt SAAMS had repeatedly requested information and had been ignored. Schaefermeyer stated SAAMS was not subleasing any interest in property that SAAMS leases. He stated Alaskan Northern Outfitters was given a license to operate a tour that SAAMS sponsors. Commissions and Administration Response to Citizens' Comments Smith, stated the overall message that had been presented was clear. He stated it was imperative the Lease Policies and Procedures be reviewed, approved and most importantly followed. 54 City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 44 Adjournment Meeting adjourned at 10:06 pm. Tom Smith Vice-Chair Donna Glenz Planning Assistant (City Seal) j-S- . . CITY OF SEWARD, ALASKA Clark Corbridge, City Manager P.O. Box 167 Seward, Alaska 99664 ccorbridge@cityofseward.net Telephone: (907) 224-4047 Facsimile: (907) 224-4038 MEMORANDUM To: Hon. Mayor Shafer and Seward City Council Clark Corbridge u.Jz Recommendations for Boards and Commissions From: Subject: Date: February 27, 2006 First, my apologies to the Council and to members of each of the boards and commissions for taking so long to get this document to Council. This task was assigned to me months ago, and I regret that I became so involved in other matters (which I deemed higher priority) that these recommendations were on the back burner for far too long. Having said that, I hereby recommend that Council consider these recommendations and discuss them in detail. I know my suggestionswill not be received with uniform enthusiasm (perhaps most particularly by current members of PACAB). These recommendations are intended to provide an organizational framework for boards and commissions which are responsive to Council's needs and which consistently work in the best interests of the City. It is my hope that at the next Council meeting, Council will adopt these recommendations with such amendments as it deems appropriate, and then will authorize me to implement these policies and procedures regarding boards and commissions. If Council approves, I plan to. draft the appropriate Code revisions and get them to Council for action as expeditiously as possible. MEMORANDUM To: Hon. Mayor Shafer and Seward City Council From: Clark Corbridge SUbject: Recommendations regarding Boards and Commissions February 27, 2006 - page 1 of 12 - Sip A Items applicable to all boards and commissions. 1. Stagger the meeting schedules for all the boards and commissions -------10 anbw-tne-greatesf possible amount of time between Council meetings, P&Z meetings, PACAB meetings and Historic Preservation meetings. 2. For meetings and work sessions of all boards and commissions, require that an agenda be finalized a minimum of one week prior to the meeting or work session. Then at least five (5) days prior to each meeting or work session: a. Post or publish the agenda so the public is aware of what is to be considered at the meeting; and b. Circulate the agenda to all members of the applicable board or commission and to the appropriate City employees. 3. Establish clearly delineated lines of authority and responsibility. 4. Make it clear that board and commission members serve at the pleasure of the Council. 5. Provide that after two consecutive unexcused absences, a member of the board or commission shall be deemed to have resigned from the board or commission, with no further action necessary except for Council to appoint a replacement. 6. All work of each board and commission shall be supported by the newly created position of executive liaison to boards and commissions. Duties of the executive liaison will include, but not be limited to: a. Working with the City Clerk to be certain appropriate notice is given of all board and commission functions, agendas and meetings. MEMORANDUM To: Hon. Mayor Shafer and Seward City Council From: Clari< Corbridge Subj~ct: Recommendations regarding Boards and Commissions February 27,2006 - page 2 of 12 - 57 b. Whenever possible, have the manager or assistant manager attend all board and commission meetings. c. Consistently evaluate the need for Code changes, enforcement, etc., and communicate those to Council. d. Have regular interactions with City staff as necessary. i. Agenda items at staff meetings. e. Awareness of all applicable regulations. f. The intent of all of the above is, among other things, to improve the timeliness of many functions. 8. Define the relationship between the Council, City administration and the boards and commissions. a. Council gives direction. b. Boards and commissions are to interpret Code and apply to specific situations. i. This may involve taking independent action, making recommendations to Council, or both, depending on the situation before the board or commission. B. Planning and Zoning (P&Z). 1. Request that all members of P&Z resign effective some date certain to be determined by Council. a. Council then to solicit applicants for P&Z. b. Appointments to be made to become effective before the effective resignation dates of P&Z members. MEMORANDUM To: Hon. Mayor Shafer and Seward City Council From: Clar1< Corbridge Subject: Recommendations regarding Boards and Commissions February 27, 2006 - page 4 of 12 - 5~ b. Whenever possible, have the manager or assistant manager attend all board and commission meetings. c. Consistently evaluate the need for Code changes, enforcement, etc., and communicate those to Council. d. Have regular interactions with City staff as necessary. I. Agenda items at staff meetings. e. Awareness of all applicable regulations. f. The intent of all of the above is, among other things, to improve the timeliness of many functions. 8. Define the relationship between the Council, City administration and the boards and commissions. a. Council gives direction. b. Boards and commissions are to interpret Code and apply to specific situations. i. This may involve taking independent action, making recommendations to Council, or both, depending on the situation before the board or commission. B. Planning and Zoning (P&Z). 1. Request that all members of P&Z resign effective some date certain to be determined by Council. a. Council then to solicit applicants for P&Z. b. Appointments to be made to become effective before the effective resignation dates of P&Z members. MEMORANDUM To: Hon. Mayor Shafer and Seward City Council From: Clark Corbridge Subject Recommendations regarding Boards and Commissions February 27, 2006 - page 4 of 12 - f1 Ci) . . 2. P&Z regular meetings to occur twice each month, on the first and third Tuesdays of that month. a. To minimize delays in working through-the process-.---- 3. Items for consideration by P&Z to include: a. Those currently required by City Code; b. Those specifically referred to P&Z by Council; and c. Those referred to P&Z by City administration. i. All leases of City-owned real property should go through P&Z and then be referred to Council for final action. 4. Establish a well-defined appeals process. a. Model on labor grievance/arbitration model. b. Timeliness and clear-cut answers both necessary. c. I suggest Council direct administration to draft such a proc_ess and bring it to Council for consideration and possible adoption. 5. Provide for regular liaison between P&Z and Council. a. Report from P&Z made at every Council meeting. i. Can be made by P&Z member or by executive liaison. ii. Specific recommendations will be conveyed to Council. iii. Progress reports will be made in both directions. MEMORANDUM To: Hon. Mayor Shafer and Seward City Council From: Clark Corbridge Subject: Recommendations regarding Boards and Commissions February 27, 2006 - page 5 of 12- {PO 6. Feedback from Council to P&Z. a. At every meeting of P&Z. i. Through manager or assistant manager. II. Perhaps also through executive liaison. b. Include action taken on P&Z recommendations. c. Assign new tasks directly to P&Z. d. Make recommendations or provide instruction to P&Z. 7. Duties of City administration to P&Z. a. Support. b. All clerical work. c. Facilitate work of P&Z. d. Provide training. i. Provide summary information about various processes. ii. Completeness of packages submitted by those coming before P&Z or related admin. iii. What information has gone back and forth between the involved parties. MEMORANDUM To: Hon. Mayor Shafer and Seward City Council From: Clark Corbridge Subject: Recommendations regarding Boards and Commissions February 27, 2006 - page 6 of 12- lol 8. Conditional use process. a. . -_ Direct administrationta.developg.uideJines_______ b. Guidelines should clarify Council's intent. c. Direct administration to streamline the entire CUP process. 9. Consider having work sessions when needed, perhaps as frequently as twice a month. a. This could be done regularly; or b. If Council deems such a procedure appropriate, the second meeting in a month could be advertised as a meeting and a work session, with the meeting portion cancelled if there are no items requiring attention. c. Whichever alternative is chosen, it should be written into Code. C. Port and Commerce Advisory Board (PACAB). 1. In order to reflect more accurately the City's needs regarding this body and its function, change the name to the Commerce Advisory Board (CAB). a. If the Council determines it is in the City's best interest, have a Port subcommittee of CAB. 2. Reduce the number of members to seven. a. Establish four as a quorum. 3. Give the opportunity for all members of CAB to resign effective some date certain to be determined by Council. MEMORANDUM To: Hon. Mayor Shafer and Seward City Council From: Clark Corbridge Subject: Recommendations regarding Boards and Commissions February 27, 2006 - page 7 of12- lol,-- a. Council then to solicit applicants for CAB. b. Appointments to be made to become effective before the effective resignation dates of CAB members. 4. CAB regular meetings to occur twice each month, on days to be determined by Council. a. To minimize delays in getting an issue through the process. 5. Items for consideration by CAB to include: a. Those currently required by City Code; b. Those specifically referred to CAB by Council; and c. Those referred to CAB by City administration. 6. Enhance communications in both directions. a. Provide Council packets to all members of CAB. b. . Have the Harbormaster (or his designee) and the manager or assistant manager attend all CAB meetings. c. Consistently evaluate the need for Code changes, enforcement, etc., and communicate those to Council. d. Have regular interactions with City staff as necessary. I. Agenda items at staff meetings. e. Awareness of all applicable regulations. f. The intent of all of the above is, among other things, to improve the timeliness of many functions. MEMORANDUM To: Hon. Mayor Shafer and Seward City Council From: Clark Corbridge Subject: Recommendations regarding Boards and Commissions February 27. 2006 - page Bof 12- &3 7. Define the relationship between the Council, City administration and the CAB. - ---~.._~------ - - -- "-- --. ---- .._-----~--- _____,______ ....n___. _______ __ .~_ __ _' ._..__._._ a. Council gives direction to the CAB, both directly and through the city manager. b. CAB to perform as directed by Council. i. In many cases, this may involve making recommendations to Council. 8. Provide for regular liaison between CAB and Council. a. Report from CAB made at every Council meeting. i. Can be made by CAB member or by executive liaison. ii. Specific recommendations will be conveyed to Council. iii. Progress reports will be made in both directions. 9. Feedback from Council to CAB. a. At every meeting of CAB. i. Through manager or assistant manager. ii. Perhaps also through executive liaison. b. Include reports of Council action taken on CAB recommendations. c. Assign new tasks directly to CAB. d. Make recommendations to CAB. MEMORANDUM To: Hon. Mayor Shafer and Seward City Council From: Clark Corbridge Subject: Recommendations regarding Boards and Commissions February 27, 2006 - page 9 of 12 - ~t( 10. Duties of City administration to CAB. . a. Support. b. All clerical work. c. Facilitate work of CAB. d. Provide training. I. Include summary and suggestions regarding procedures. ii. Completeness of packages submitted by administration or others coming before CAB. iii. What information has gone back and forth between the involved parties. D. Historic Preservation (Hist. Pres.) 1. Consider a name change to reflect more accurately what Hist Pres does (including research, grant seeking, fund raising, etc.). 2. Give the opportunity for all members of Hist Pres to resign effective some date certain to be determined by Council. a. Council then to solicit applicants for Hist Pres. b. Appointments to be made to become effective before the effective resignation dates of Hist Pres members. 3. Consider whether meeting once each month is sufficient. 4. Items for consideration by Hist Pres to include: MEMORANDUM To: Hon. Mayor Shafer and Seward City Council From: Clark Corbridge Subject: Recommendations regarding Boards and Commissions . . February 27, 2006 - page 10 of 12 - &5 a. Those currently required by City Code; --s, -+I"tose speciftcally-+eferr:ecUnHistPJ-esby_Council; and c. Those referred to Hist Pres by City administration. 5. Enhance communications in both directions. a. Have regular interactions with City staff as necessary. i. Agenda items at staff meetings. b. Awareness of all applicable regulations. 6. Define the relationship between the Council, City administration and the Hist Pres. a. Council gives direction. b. Hist Pres to evaluate specific situations. i. This may involve making recommendations to Council. 7. Provide for regular liaison between Hist Pres and Council. a. Report from Hist Pres made once a month to Council at its first meeting of the month. I. Can be made by executive liaison or by a Hist Pres member if they prefer. ii. Specific recommendations will be conveyed to Council. iii. Progress reports will be made in both directions. MEMORANDUM To: Hon. Mayor Shafer and Seward City Council From: Clark Corbridge Subject: Recommendations regarding Boards and Commissions February 27, 2006 -page11of12- {pc., 8. Feedback from Council to Hist Pres. a. At every meeting of Hist Pres. I. Through assistant manager or liaison. b. Include action taken on Hist Pres recommendations. c. Assign new tasks. d. Make recommendations to Hist Pres. 9 . Duties of City administration to Hist Pres. a. Support. b. Clerical work. c. Facilitate work of Hist Pres. It is my hope that Council will consider the above recommendations and give specific direction to administration on how Council wishes to proceed. THANKS for the opportunity to work on this project! MEMORANDUM To: Hon. Mayor Shafer and Seward City Council From: Clark Corbridge Subject: Recommendations regarding Boards and Commissions February 27,2006 - page 12 of12- (01 Suggested timeline ofP&Z priorities for 2006 Feb 1. KPB Coastal Zone Management Plan, review 2. Parking code, review March Annual joint P&ZJCouncil work session, as required by Code, review: a. Comprehensive Plan & Land Use Plan (2003) b. Municipal Land Use Plan (1995) c. Parks & Recreation Master Plan (1993) d. Subdivision ordinance (Title 16) April 1. Comprehensive Plan, present for annual review as a public hearing item 2. Presentation on Transportation or Transit Committees, such as the Anchorage Metropolitan Area Transportation Solutions. The intent would be to learn how to have more local involvement with DOT projects. May 1. Review Historic Overlay District in a joint work session with the Historic Preservation Commission 2. ADA Transition Plan, review June 1. Capital Improvement Plan (annual), review July Nothing. August Nothing. September Community Values discussion at a community meeting October Title 15 Definitions, review and consolidate November Annual review of the CUPs which were issued fcg An Alaskan Planner visits the Philippines Malcolm Brown, Planner City of Seward During July of2005 I took a break from my work as the PlannerlFloodplain Adminis- trator for the City of Seward and went on a family vaca- tion to visit my wife's home province ofBohol in the Phil- ippines. Bohol is known as a charming island of "1.2 mil- lion people and three traffic lights". We went to the mu- nicipality of Tubigon, which has a population of over 44,000. Tubigon has many political subunits called ''barangays'' which are simi- lar to neighborllood associa- tions. After several days of vacation I started to miss the public administration experi- ence and asked to meet the captain for our barangay. Captain is the title for the senior local official in the barangay, and he is popularly elected. During the meeting with him 1 said 1 was inter- ested in their political process and asked to speak with the Mayor, which the captain arranged in just three days. My meeting with the Mayor surprised me because he identified himself as a distant relative of my wife and the Finance Officer who was with him said she was my wife's second cousin. He said that he had been Tubigon's version of me for 17 years when he served as the Community Development Officer before he became the Mayor. Their municipality uses the strong mayor sys- tem. I also met with their current Community Develop- . ""&B6 ment Officer and learned about their land use permit- ting process and their strong focus on obtaining grants and loans from international or- ganizations. When 1 asked if the municipality had a Com- prehensive Plan, 1 was pleased to learn that they have a current Plan and that it is punctually updated every five years. When 1 went to the weekly Council session two days later 1 was quite surprised to be introduced as a guest speaker. 1 was even more surprised when my comments at the session were in the province's Sunday paper two days later. The newspaper article had a few geography discrepancies regarding Alaska, but was otherwise quite accurate. Their legislative and land use processes seemed to be very similar to our own. The Mayor and Council members are popularly elected offi- cials, the public officials on what would be similar to our Planning Commissions are appointed. Their land use permits are public hearing items and all the barangay captains attend the meetings in an advisory capacity. The most lasting memory I have of their Council session was when the Mayor gave the last presentation before the guest speakers portion of the agenda and his concluding remarlcs to the Council were "I thank you for granting me the privilege to speak". This statement was even more . interesting as he is serving his third and final term, and he is very well estab- lished. As I studied more of the history of the Philippines I learned that many people fought and died over the last 150 years for the rights to free- dom of speech, which is some- thing people in our country seem to assume is a God-given right, not something which many people have died to se- cure for others. 'r1;.,;; 1 ;, .-" . f,' ,'-' . .... I" . I Sf E :-, 'l) !"c. 1 ". ;',,' 1. . ...' " " .-' '..- Qt.O ISSOiiW; !ohJtl.''Yt~'" <3o,.u~$nO<r.lK. fHAl~ u "'Ivf"'l '0" ~F',:':'li~-:' 1i"ti !.:pi" :,il f,a-::"''''C[ t''':O~~~'['ld:!?IO.:f 5"~.~:S P~OP-LE AND EVENTS I July 171 20ti5 IGso~ A1e.kan planner observes Tublgon dads 'I\JlllGON. ICHIL M ~ CIty -..,g tnI ~ 0Iker lIl\I!r1dBl the RsPr Segsicn d ll>c ~ Mer'nl:eIS d lhis municipBily FoidaY. )J/tf 15. 2005 1IQ _ on - IN 1DcII IogisI;IID anIuC1l111d ~ ~<Iuring""""" ~. ........ !. ~ as he ~ ~ is CIty PIIInrirg 0I\'ICI!r al lhe Olyd5oMB'd, II dy d 2,830 pBlIlIe IaaIlIld ~ II ~ west d -, IIOrdIIlr9 h 2llO mileS lOng Ilet'lng Strait. SewiIId ays majar oa>ncm)I is b:uiIm n IiII1ng. II. hils 9 his(OriC - iloI1d IS lIlUlSl ana 5UTI'I'IIf >lOI1lt!IS adcl uP 11,000 ID 17,000 peope WOng the summer n'ICIIP r:I MIIV \I) ~mber. It has a 27 mi"'" r:I road \I) maintsin IInd Its 80 employees prlIYides rrtlIIiCillDl lleMCl5 II> 5 ...............,.,. police........,..,..., 1ft, flood, llI1d eh.e.gll"Cl' dispIIl:ChIIs. ~. ...... irltis...... dIlio:>'l sai:llhOllhe ITAJIliIlll8l protJ1ernS erd li5sueS hI!Ie _ vey sinilIIr II> u..... d!he dy d s.e-v. ~ ..... needs lD inpraYe l/leII' ~ tr.ilIC management, drainage II. sewenlge system and the problem of uncollectl!dlunpllid I"IlI!lplaII bIls and CIlI>er se't/ICIl5>. 'l!le dI:V 1& Ikewloe ~ IOlI'ist n irM!SlrI'5 II> visit the pkICI! lIS their ....1hOUgh raqt is so ~ wlIh ...,....rdIll_ pocIucIs. /llsIOed aboU; his ..- ..lIion d lhe P""'I* d Tlbgan. he said tl'I!It !he best I1I!IlUt2 d Tubigon and _01 lire tho> people. They are loyal to their ramiI'(. prl)Vide genwne hospitality for visitDnlllnd displllY Christlen ""lUllS in their buSiness III1d personal 0liIh}> ~ bV!he beiMY and !JIIIlrD>rdthel:l8ilCheSd P<<1gIaa ~ by 1110 wancleIS d ll'D:aIIf8 tlls. M8IalIm __ pans when he I'lllJI'e$lD SlaV llI1d build II house ~ In Tubgon - tis "'* so ....... the natillnllI mild IogeIhar WIh hill wife BoIning I..mnanllllo of ""naOUIl.,n, Tublgon, .......1. He is en II boo and II haf........ va<alion _ wIh hill Me and bOO d1Il6ren. Nllthllniet. 18 ~rs old llro AnaslllSill. 15 yeers old. ~q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 By: Rhonda Boyles, Mayor Introduced: 03/13/03 - ___P.clQ~!~:~ ____._. 03/27/03 FAIRBANKS NORTH STAR BOROUGH RESOLUTION NO. 2003-16 A RESOLUTION AUTHORIZING THE FAIRBANKS NORTH STAR BOROUGH MAYOR TO SIGN THE FAIRBANKS METROPOLITAN AREA TRANSPORTATION SYSTEM INTER- GOVERNMENTAL OPERATING AGREEMENT AND MEMORANDUM OF UNDERSTANDING FOR TRANSPORTATION AND AIR QUALITY PLANNING WHEREAS, on May 1, 2002, a portion of the Fairbanks North Star Borough was designated an urbanized area by the U. S. Department of Commerce, Bureau of the Census; and WHEREAS, urbanized areas are required to establish a Metropolitan Planning Organization (MPO) within 12 months of being designated; and' WHEREAS, the Cities of Fairbanks and North Pole have been working with the Borough and the Alaska Department of Transportation to create a Metropolitan Planning Organization through the development of an operating agreement; and WHEREAS, the parties have drafted an operating agreement entitled Fairbanks Metropolitan Area Transportation System Inter-Governmental Operating Agreement and Memorandum of Understanding for Transportation and Air Quality Planning which needs to be forwarded by April 1, 2003 to the Governor of the State of Alaska in order to obtain his signature and finalize the agreement by the May 1, 2003 federal deadline; NOW, THEREFORE, BE IT RESOLVED by the Assembly of the Fairbanks North Star Borough that the Fairbanks North Star Borough Mayor is authorized to enter into an agreement with the City of Fairbanks, City of North Pole and the State of Alaska which creates the required Metropolitan Planning Organization. This operating agreement is entitled Fairbanks Metropolitan Area Transportation System Inter-Governmental Operating Agreement and Memorandum of Understanding for Transportation and Air Quality Planning. PASSED AND APPROVED THIS 27th DAY OF MARCH 2003. ATTEST: Richard J. Solie, Jr. Presiding Officer Mona Lisa Drexler, CMC Borough Municipal Clerk Ayes: Frank, Bartos, Romans, Cummings, Hutchison, Foote, Sattley, Williams, Henry, Solie Noes: None 7()