HomeMy WebLinkAbout06062006 Planning & Zoning Packet
Seward Planning & Zoning Commission
June 6, 2UU6
..
Marianna Keil
Chair
Term Expires 02/07
Tom Smith
Vice-Chair
Term Expires 02/07
Margaret Anderson
Commissioner
Term Expires 02/09
Kevin Clark
Commissioner
Term Expires 02/09
Lynn Hohl
Commissioner
Term Expires 02/08
Sandie Roach'
Commissioner
Term Expires 02/07
Kay Strobel
Commissioner
Term Expires 02/08
Clark Corbridge
City Manager
Malcolm Brown
Planner
Donna Glenz
Planning Assistant
7:3U p.m.
Re~ular Meeting
'Ity CouncIL Chambers
1. Call to Order
2.
Opening Ceremony
A. Pledge of Allegiance
3.
Roll Call
4.
Special Reports & Presentations
A.
City Administration Report
B.
KPB Planning Commission Report - Lynn HoW
C.
Other Reports, Announcements & Presentations
1. Liaison from Seward Bear Creek Flood Service
Area Board
5.
Citizens' Comments on any subject except those items
scheduled for public hearing. [Those who have signed in
will be given the first opportunity to 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.]
Planning & Zoning Commission
June 6, 2006
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. Unfinisbed Business requiring a Public Hearing - None
B.
New Business Items requiring a Public Hearing - None
,
8. Unfmisbed Business - None
A. Discussion of Proposed Resolution 2006-15 requesting revisions to the City
Manager's "Recommendations for Boards and Commissions", dated February 27,
2006. [Postponed from May 4, 2006 meeting] ............................................. Page 3
9. New Business
A. Discussion of Temporary Off-Premise Sign Variance Application for Businesses
Affected by the Third A venue Road Construction and Set Special Meeting Date
for the Review of Variance Applications..................................................... Page 16
B. Set Date and Select Topic of a June 2006 Work Session ............................ Page 28
*
D.
May 4, 2006 Regular Meeting Minutes ....................................................... Page 33
10. Informational Items and Reports (No action required)
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
June 6, 2006
Regular Meeting Agenda
Page 2
Page I on
Donna Glenz
From: Marianna Keil [backlash@gcLnet]
Sent: Tuesday, May 30, 2006 12:00 PM
To: Donna Glenz
Subject: Re: City Mgr's Recommendations
Chairs of Boards and Commission should be included in the creation of the agenda.
The commission felt if there is a position called "liaison" that it be under direction of the City Clerk
rather than the City Manager, due to the fact that the duties are most similar with that department.
The Boards and Commissions are not a rubber stamp for administration. (in response to number 4)
Number 5 requires a code change
No one is willing to resign.
Number 2 requires a code change.
----- Original Message -----
From; Donna Glenz <dglenz@cityofseward.net>
Date: Thursday, May 25, 2006 8:13 am
Subject: City Mgr's Recommendations
To: kaystrobel@gmaiI.com, kevincl@seward.net, Lynn Hohl <lhohl@connect.kpbsd.k12.ak.us>,
maand@arctic.net, backlash@gci.net, Sandie Roach' <sandie@seward.net>, Tom Smith
<fnts@aurora.uaf.edu>
Cc: Malcolm Brown <mbrown@cityofseward.net>
> Commissioners,
>
> You asked the requested revisions to the "City Manager's
> Recommendationsfor Boards and Commissions" be brought forward on
> the June meeting.
> Please forward any notes or requested revisions to me as soon as
> possible. I was not at the work session and I have had no emails
> regarding any requested revisions. As you know Malcolm is out of town
> and at this point I have not located any of his notes or requested
> revisions on this topic.
>
> Thanks,
>
>
>
> Donna Glenz
>
> Planning Assistant
>
> City of Seward
5/10/2006
_1
. ,
.. to
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 UJt
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 J 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 -
L/-
A. Items applicable to all boards and commissions.
1. Stagger the meeting schedules for all the boards and commissions
to allow the greatest possible amount o!-timebetweenCouncil
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 eachj)oard and commission shall be supported by the
neWly created position of executive liaison \0 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: Clark Corbridge
Subject: Recommendations regarding Boards and Commissions
February 27, 2006
- page 2 of 12 -
5"
"
X f,
g.
1h.
I. '
b.
Accepting items from the Council, requests from board and
commission members and items from City administration for
the agenda for meetings of the boards and commissions.
c.
Working with the City Manager and Assistant City Managerto
set the agenda for each board and commission meeting.
d.
Working with the City Clerk to provide appropriate notice of
the agenda for each board and commission meeting.
e.
Writing up the agenda, compiling supportive documents, and
making packets for each board and commission meeting,
including appropriate and timely distribution ofthose packets.
Attending each board and commissionjl1eeting.
,
Taking notes of each board and commission meeting, which
will be reduced to the form of minutes and submitted to the
board or commission at its next meeting for amendment or
approval.
Engaging in research as requested by members of the boards
and commissions or as directed by City administration and
distributing results of such research as directed,
Providing such other services to boards or commissions and
their members as directed by City administration. (This may
include items like planning for travel, facilitating travel
reimbursement, etc.)
7. Enhance communications in both directions.
a. Provide Council packets to all members of the boards and
commissions.
MEMORANDUM
To: Hon. Mayor Shafer and Seward City Council From: Clark Corbridge
Subject: Recommendations regarding Boards and Commissions
February 27, 2006
- page 3 of12-
I
k-'?
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
-page4of12-
7
f
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 throughtfie 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 -
x'
v
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 -
r-
--I
8. Conditional use process.
a. Direct administration to develop guidelines.
7
.. 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 of 12 -
)T\
..v
a. Council then to solicit applicants for CAB.
b. Appointments to be made to become effective before the
----~ n --effeniveresignatiorrLfates--ofCAB 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 8 of 12 -
//
7. Define the relationship between the Council, City administration and
the CAB.
a. Council glve!:nfirection to tl1eCAB, 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.
Hi. 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 -
/L
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 -
13
a. Those currently required by City Code;
b. Those specifically referred to Hist Pres by 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
- page 11 of 12 -
/4
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 of 12-
I>
PLANNING AND LAND USE BEGULATIONS S 15.20.015
Chapter 15.20. Signs
15.20.010 Purpose and scope.
15.20.015 Definitions.
15.20.020 Administration and enforcement.
15.20.025 Requirements applicable to all signs.
15.20.030 Signs allowed without permits.
15.20.035 Prohibited signs.
15.20.040 Sign standards by zoning district which require permits.
15.20.050 Nonconforming signs.
15.20.055 Variance procedure provided.
15.20.010 Purpose and scope.
It is the purpose of this section to promote:
A. the protection of the health, safety, property and welfare of the citizens of Seward,
and aesthetics of the community;
B. commercial and civic communications that accommodate the need of the commu-
nity to convey information to the public;
C. the protection and enhancement of the historic charm and natural beauty, and the
visual character and identity of the community, by the thoughtful placement and design
of signs;
D. flexibility and incentive for creative and innovative sign designs;
E. the proper maintenance of signs; and
F. consistency with the goals and objectives of the Seward Comprehensive Plan.
COrd. 98-02)
15.20.015 Definitions.
For purposes of this section, the following definitions pertaining to signs shall apply:
Abandoned sign. A sign or sign structure which no longer identifies or advertises a
bona fide business, lessor, service, owner, product, or activity, and/or for which no legal
owner can be found.
Animated sign. Any sign which uses movement or change of lighting to depict action
or to create a special effect or scene.
Banner. A temporary sign made of fabric or similar nonrigid material with no
enclosing framework. National flags, state or municipal flags, or the official flag of any
institution or business shall not be considered banners.
Building marker. Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry surface or made of
bronze or other permanent material.
Construction sign. A temporary sign identifying an architect, contractor, subcontractor,
and/or material supplier participating in construction on the property on which the sign
is located.
Supplement No. 98-1
11/98
City of Seward
15 - 41
1(0
i 1.5. 20 . 01.5 PLANNING AND LAND USE REGULATIONS
Directional sign. A sign containing no advertising, and designed to direct, inform or
guide pedestrian or vehicular traffic to a location, place or convenience parking, drive
through window, restrooms.
Electrical sign. A sign lit or put in motion by means of electrical power.
Facade (false front). A false, superficial or artificial facing on a building, given
special architectural treatment. It mayor may not be part of the structural wall.
Flashing sign. A sign which contains an intermittent or sequential flashing light
source. Does not include time and temperature signs.
Free standing sign (pole. monument or ground sign). A permanently mounted, self-
supporting sign supported from the ground by means of poles, standards, or any other type
of base.
IlIuminated sign. A sign illuminated in any manner by an artificial light source.
Incidental sign. A sign, emblem, or decal informing the public of goods, facilities,
or services available on the premises, e.g., a credit card sign or sign indicating hours of
business.
Identification sign. A nonelectric sign limited to the name, address and/or occupation
of an occupant or group of occupants.
Indirect illumination. Use of lights which are shielded from public view, to indirectly
project illumination onto a sign which is, itself, not intemaIly lit.
Marquee (canopy or awning). A permanent roof-like structure projecting beyond a
building wall at an entrance to a building, or extending along and projecting beyond the
building's wall, and generally designed to provide protection against the weather.
Marquee sign. A sign that is a part of or attached to a marquee.
Nameplate. A nonelectric sign limited to the name and address of an occupant or
group of occupants.
Nonconforming sign. Any sign which was legally erected, but does not now conform
to the regulations of this chapter.
Off-premises sign (billboard). A sign or structure which advertises a business, person,
product, activity or service not on or offered on the property on which subject sign is
located, also known as a billboard, off-site, or outdoor advertising sign.
On-premises sign. A sign which pertains to the use of the premises on which it is
located.
Parapet. The extension of a false front or wall above a building roofline.
Point of purchase displav. Advertising of a retail item accompanying its display, e.g.,
an advertisement on a product dispenser.
Political sign. Any poster or sign used for the purpose of advertising, promoting or
endorsing a political candidate, party initiative, issue, referendum or ballot proposition.
Portable sign. A sign that is not attached to any building or structure. It may readily
be picked up and moved from one location or another. It may be with or without its own
wheels.
Proiecting sign (fin or right angle sign). A sign affixed to any building or structure,
the edges of which extend perpendicularly beyond such building wall.
Supplement No. 98-1
11/98
City of Seward
15 - 42
/7
PLANNING AND LAND USE REGULATIONS
~ 15.20.015
Readerboard sign (bulletin board). A sign face consisting of tracks to hold readily change-
able letters, allowing frequent changes of copy.
Real estate sign. A sign which is used to offer for sale, lease, or rent the property upon which
the sign is placed (see also "temporary sign").
Roof sign. Any sign erected over or on the roof of a building.
Roofiine. Either the edge of the roof which is the junction of the roof and the perimeter wall
of the structure, or the peak or ridge line, whichever forms the line of the building silhouette.
Sign. Any device fixed to, painted on, or incorporated into the building surface; displayed
from or within a building or structure; or free-standing upon the site, and which is (a) visible
from a public right-of-way and (b) designed to conveyor direct a message to the public
concerning the identification of the premises or to advertise or promote the interests of any
private or public firm, person or organization.
Sign area. The area of all lettering, wording, and accompanying designs and symbols,
together with the background on which they are displayed, but excluding any supporting
framework and bracing which are solely incidental to the display itself provided the same do
not contain any lettering, wording, designs, or symbols. When two identical signs faces are
placed back to back, so that both faces cannot be viewed from any point at the same time, and
when such sign faces are part of the same sign structure, only one side shall be considered for
the purpose of calculating total sign area.
Sign height. The vertical distance between the highest part of the sign or its supporting
structure, whichever is higher, and a level plane going through the nearest point of the
improved public right-of-way, other than an alley. In the event a sign is equidistant from more
than one improved public right-of-way, none of which are alleys, the highest point shall be
used.
Sign, sandwich board (also V-shaped). Signs erected upon common or separate structures
which present a V-shape appearance and having an exterior angle between faces of not more
than 45 degrees with a distance between faces of such signs at their closest point not exceeding
two feet.
Sign structure. A structure which supports or is capable of supporting any sign as defined
in this code. A sign structure may be a single pole or poles and mayor may not be an integral
part of a building. If a "support" is "internally or decoratively illuminated," then it is counted
as a sign and must conform to this chapter.
Snipe sign. A temporary sign or poster affixed to a tree, fence or utility pole.
Special events sign. Signs that announce a civic, cultural, unique or random event.
Street frontage. The length of a property line that borders a public right-of-way which
provides the principal means of access. Alleys, public parking lots, emergency access and/or
pedestrian easements are not generally considered as public rights-of-way for purposes of this
definition.
Supplement No. 01-1
15-43
/g
~ 15.20.015
PLANNING AND LAND USE REGULATIONS
Suspended sign. A sign that is suspended beneath a canopy, ceiling, roof, or marquee.
Temporary sign. Any sign, banner, pennant, valance or advertising display constructed of
cloth, canvas, light fabric, cardboard, wallboard or other light material with or without frames,
intended to be displayed for a short period of time only.
Traffic sign (safety sign). A sign which functions primarily to provide for the efficient, safe
and orderly flow of traffic.
Wall sign. A sign painted, mounted or otherwise affixed to the wall of a building or structure,
parallel to the building, and confined to the limits of outside wall, which includes windows and
doors.
Window sign. All signs located inside and affixed to or within three feet of windows of a
building, whether temporary or permanent, lighted or unlighted, which may be viewed from
the exterior of the building. The term does not include merchandise.
(Ord. 98-02; Ord. 99-16, ~ 5, 1999)
15.20.020. Administration and enforcement.
(a) Except as provided herein, it shall be unlawful to display, erect, relocate or alter any
sign without first filing with the administrative official, as defined under section 15.01.015, a
written application and obtaining a sign permit.
(b) When a sign permit is issued by the administrative official, it shall be unlawful to
change, modify, alter or otherwise deviate from the terms and conditions of said permit without
prior approval of the administrative official. A written record of such approval shall be entered
upon the original permit application and maintained in the files of the administrative official.
(c) A sign permit shall become null and void if the work for which the permit was issued has
not been completed within six months of its issuance. Before such work can be recommenced,
a new permit to do so shall first be obtained, and the fee shall be one-half the amount required
for a new permit.
(d) Fees shall be set by resolution of the city council.
(e) Issuance of a certificate of occupancy for each new facility using a sign for identification
or advertising shall be contingent upon approval of a sign permit.
(1) Exceptions:
(1) Painting, repainting or cleaning of a sign or the changing of copy or message thereon
shall not be considered an erection or alteration which requires a sign permit, unless
structural change is made.
(2) Other specific exceptions are listed under signs allowed without permits.
(Ord. 98-02)
Supplement No. 01-1
15-44
/''"'
;'1
pLANNING AND LAND USE REGULATIONS
15.20.025
15.20.025. Requirements applicable to all signs.
Tbe following provisions shall apply in all zoning districts to all signs governed by this
ordinance, subject to the specific regulations in each zoning district:
(a) Whenever two provisions of this code overlap or conflict with regard to the size or
placement of a sign, the more restrictive provision shall apply.
(b) In matters of unspecified uses or clarification, the administrative official shall make
determinations.
(c) Except when approved by the city council for civic purposes, signs are considered an
accessory use on a lot. Only signs identified under section 15.20.030 are allowed on
vacant lots.
(d) All signs, including signs heretofore installed, and the area around the base of each
freestanding sign, shall be constantly maintained in a state of security, safety and
Supplement No. 01-1
15-44.1
"1l~
t7""~
~
PLANNING AND LAND USE REGULATIONS
S 15.20.030
repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise
dangerous, it shall be the duty of the owner and/or occupant of the premises on which the
sign is fastened to repair or remove the sign within five days after receiving notice from
the administrative official.
E. Illumination from or upon any sign shall be shaded, shielded, directed or reduced
so as to avoid glare or reflection of light on private or public property in the surrounding
area and so as to avoid distracting pedestrians and motorists.
F. In those cases where a business or institution has frontage on more than one street,
signs are allowed on each street frontage, provided they are in conformance with applica-
ble district regulations, and that frontage limits are not combined.
G. The symbol, slogan or national trademark of a national brand beverage or other
product that is sold on the premises shall not comprise more than twenty-five percent of
the total area of the sign. National brand logo signs designed to hang in a window and
not exceeding four square feet, and signs advertising products that form the bulk of the
business transaction, are exempted from this provision.
H. No sign shaH be located so as to physically obstruct any door, window or exit
from a building or be hazardous to a motorist's ingress and egress from any public or
private parking area.
1. Signs used seasonally are to be included in the total square footage of sign area
allowed for that district.
J. In no case shall any portion of a sign attached to a building exceed the maximum
allowable building height limit, or more than four feet above the roof line, facade or
parapet height, whichever is less.
K. No sign shall exceed the roofline of a building within any historic district.
L. Freestanding signs are subject to the foHowing limitations:
1. maximum height of twenty feet or the height of the building, whichever is less;
2. one per street frontage;
3. only allowed within front yards and side yards which are adjacent to a street.
M. No readerboard sign may exceed thirty-two square feet per side; changeable letters
of such signs must be adequately secured against wind loss, and each readerboard sign
must be one of the following:
1. a wall sign,
2. a marquee sign,
3. a freestanding sign within a structural framework.
N. Except in the central business district (CBD) zone .and along the west side of
Fourth A venue between North and South Harbor Streets, no ~ign, except temporary street
banners, shall project into the airspace above any right-of-way or sidewalk. (Ord. 98-02)
15.20.030 Signs allowed without permits.
The following signs are not subject to a permit requirement if the following standards
are met. They shall be regulated by the following size and p~acement standards and shall
not be included when calculating permitted sign area for any building or parcel. If a
Supplement No. 98-1
11/98
City of Seward
15 - 45
p?) (
) I
0"-'
Ii 15.20.030 PLANlUNG AND LAND USB REGULATIONS
proposed sign exceeds the limits of this section, a sign permit must be obtained and the
-signage must count toward the total allowed signage for the building or parcel.
A. nameplates not exceeding two square feet and building markers;
B. standard flags and insignia of government, religious, civic, charitable, educational
or philanthropic groups which can in no way be construed as advertising;
C. signs identifying the historic name of a building, provided that such name is
approved by the historic preservation commission and the sign does not exceed twenty
square feet in size;
D. legal notices, traffic signs, information signs, historic signs or directional signs
erected by government bodies and signs required by law;
E. directional signs not exceeding six square feet (directional signs contain no
advertising) ;
F. signs advertising subdivision tract developments of two or more acres, not
exceeding thirty-two square feet and limited to one such sign per street frontage;
G. incidental signs not exceeding four square feet each;
H. notices and warning signs of not more than two square feet each in area, Le.,
vacancy, no trespassing, beware of dog;
1. point of purchase advertising displays;
J. structure or improvements intended for a separate use, such as phone booths,
donation containers or recycling boxes;
K. suspended signs provided they do not extend farther from the building facade than
the marquee of canopy to which they are attached, do not exceed four square feet in area,
and maintain a clear distance of eight feet between the sidewalk and the sign bottom. One
sign per pedestrian entrance;
L. signs or scoreboards on athletic fields intended for on-premises viewing;
M. fuel price signs not exceeding twenty square feet per sign face, with one sign
allowed per abutting street right-of-way;
N. two-sided or three-sided signs mounted on the roof of a vehicle for hire (as
defined in ~ 8.20.010) not exceeding fourteen inches in height and thirty-nine inches in
length on each side; signs on the side of said vehicle not exceeding four square feet; or
a sign mounted between the bumper and the lowest level of the rear window, not exceed-
ing eighteen inches by thirty-six inches;
O. signs on vehicles, operated during the normal course of business, which identify
the firm or its principal product (see also ~ 15.20.035 C);
P. wall murals which are purely decorative in nature and content, and do not include
advertising by picture or verbal message;
Q. signs painted on or placed inside windows, as long as they do not extend beyond
the first story of the building and do not block any opening required for entrance or exit
from buildings;
R. temporary signs for the purposes listed below which shall be removed upon
completion of the activity or project denoted by the sign:
1. grand opening and sale signs may be posted for not more than thirty days,
Supplement No. 98-1
11/98
City of Seward
15 - 46
'1.....,
c:-<. ~
PLANNJ:NG AND LAND USE REGULATIONS
Ii 15.20.035
2. special noncommercial event signs may be erected two weeks prior to the event,
3. real estate signs not exceeding six square feet in residential areas and thirty-two
square feet in commercial and industrial districts,
4. construction signs not exceeding 32 square feet and limited to one such sign per
street frontage,
5. political signs not more than six square feet per sign in residential districts and
thirty-two square feet per sign in commercial districts may be displayed no earlier than
thirty days prior to any election and shall be removed within seven days following the
election; provided that signs erected for any primary election that remain relevant to the
following general election may be maintained for the period between elections,
6. garage sale signs located at the site of the sale. (Ord. 98-02)
15.20.035 Prohibited signs.
Unless otherwise and specifically authorized, the following signs are prohibited in
all districts:
A. any sign contrary to the provisions of this chapter;
B. signs within any sight distance triangle or right-of-way, unless otherwise autho-
rized;
C. signs attached to, or placed on, vehicles or trailers which are parked or located
for the primary purpose of displaying said sign (see also signs allowed without permits
- vehicles with signs used in the normal course of business);
D. off-premise signs andlor billboards except the posting of temporary signs relating
to civic events subject to the limitations of this chapter;
E. snipe signs;
F. portable signs, except sandwich boards provided that they do not exceed ten
square feet and are located entirely on private property;
G. signs which interfere with radio and television reception;
H. flashing and animated signs;
1. any sign with incandescent lamp bulbs exposed to view, with or without internal
or external reflectors;
J. banners, clusters of flags, pennants, ribbons, streamers, balloons or bubble
machines, except as allowed under ~ 15.20.030 R.;
K. suspended strings of lights, spinners; twirlers or propellers; flashing, rotating
(except barber poles) or blinking light; beacons; chasing or scintillating lights; flares, or
signs containing elements creating sound;
L. abandoned signs or sign structures;
M. signs imitating or resembling a traffic-control sign, signal or device, or the light
of an emergency vehicle; or which obstructs the visibility of any traffic or street sign or
signal device;
N. projecting signs and free-standing signs fronting alleyways;
-. O. signs advertising a home-occupation. (Ord. 98-02)
Supplement No. 98-1
11/98
City of Seward
15 - 47
;. ~1e'"'~
_~7.f'~
5 15.20.040 PLANNXNG AND LAND USE REGULATXONS
15.20.040 Sign standards by zoning district which require permits.
All signs, except those specifically allowed without permits, shall be calculated in
determining the total square footage of sign area on a parcel.
A. Residential districts. Only the following types of signs shall be permitted in the
residential zoning districts, except as provided for otherwise within this chapter and zoning
code. Illumination of these signs shall be limited to indirect lighting.
I. Signage for churches, public and quasi-public institutions, including schools and
municipal buildings may erect for their own use:
a. one-identification sign not exceeding twenty square feet in area;
b. one announcement sign or bulletin board not exceeding twenty square feet in area;
c. the height of any freestanding signs shall not exceed eight feet; and
2. Multiple-family (two to four unit) dwellings are allowed one sign identifying the
premises, not exceeding six square feet in area. and five feet in height if freestanding.
3. Multiple-family dwellings of five units or more may have one sign, not exceeding
twenty square feet in area and if freestanding, not exceeding eight feet in height.
B. Office residential. auto commercial. and industrial districts.
I. For any permitted residential use, signs for such use shall conform to the require-
ments in subsection A. of this section.
2. For all permitted uses, or legal nonconforming uses, the combined square footage
of signs shall not exceed one square foot per lineal foot of property street frontage, to a
maximum of two hundred square feet per frontage.
3. Signage is not allowed within side yards or attached to sides of buildings which
front side yard areas, except in cases of multiple frontage lots where a side property line
fronts an alley.
4. Signage fronting alleys is limited to one identification sign, not exceeding two
square feet, unless a business has a customer entrance on the alley. If a business has a
customer entrance on the alley, up to twenty-five percent of the property's total allowed
signage may be reallocated, as a wall sign only, to front the alley.
5. Freestanding, projecting and marquee signs, if internally illuminated, shall not
exceed thirty-two square feet in area per side; otherwise, a maximum of fifty square feet
per side is allowed (see ~ 15.20.025 L. for freestanding sign limitations).
'..: c. Central business district. For all permitted or legal nonconforming uses, the
following limitations shall apply:
I. Combined square footage of signs shall not exceed two square feet per lineal foot
of street frontage.
2. Any portion of a property's total allowed signage may be allocated to the sides
or rear of the lot at the discretion of the property owner.
3. Freestanding signs, if internally illuminated, shall not exceed thirty-two square
feet in area; otherwise, a maximum of fifty square feet is allowed (see ~ 15.20.025 L. for
freestanding sign limitations).
4. Projecting signs, which project over a public right-of-way, must be located over
a marquee. Marqtlc":' Si~llS and projecting signs may not extend farther toward the street
\Y
I'I-Led ~
Supplement No. 98-1 c.-oJ~ City of Seward
11/98 15 - 48
:.24
PLANNING AND LAND USE REGULATIONS
15.20.050
~~~ th~m~<luee and may not exceed 25 square feet in area (see section 15.20.030(k) for
under-marquee siiOs). . .
(d) Harbor commercial district.
(1) Combined square footage of signs shall not exceed one square foot per lineal foot
of property fronting:
a. A street;
b. The harbor basin;
c. The public boardwalk; or
d. Where a building faces toward a street but does not abut it; or
e. A public parking lot, to a maximum of two hundred square feet per frontage.
(2) At the discretion of the property owner, any portion of a property's total allowed
signage may be allocated to the sides or rear of the lot not fronting (l)(aHe)
above so long as it does not exceed one square foot per lineal foot of that property
line.
(3) Freestanding, projecting and marquee signs, if internally illuminated, shaH not
exceed 32 square feet in area per side; otherwise, a maximum of 50 square feet
per side is allowed (see section 15.20.025(1) for freestanding sign limitations).
(e) Institutional, park and resource management districts.
(1) Signs for any permitted commercial and industrial uses shall conform to the
requirements in subsection (b) herein.
(2) Signs for all other permitted uses, or legal nonconforming uses, are subject to the
following limitations:
a. One permanent identification sign is permitted for each premises. The area
of the sign shall not exceed one square foot for each lineal foot of street
frontage, provided no such sign shall exceed 40 square feet;
b. No sign shall exceed eight feet in height; and
c. illumination for institutional facilities shall be restricted to indirect light-
ing.
(Ord. 98-02; Ord. 99-16, ~ 5, 1999)
15.20.050. Nonconforming signs.
The intent of this section is to permit the continuance of nonconforming signs until such
time as they are removed, but not to encourage their perpetuation or expansion.
(a) Nonconforming signs are allowed to continue, subject to the following:
(1) Shall not be used as grounds for adding additional nonconforming signs;
(2) Shall not be structurally altered so as to change the shape, size or type of the sign,
or be relocated, except into conformance with this Code;
Supplement No. 01-1
15-49
,. 1"-
..) ",
,,,. -~.~
15.20.050
pLANNING AND LAND USE REGULATIONS
(3) --Shall not be 1l1Iow€d-to-remain after the activity, business or use to which it
relates has been discontinued; and
(4) Must be removed if damaged in such a manner that the estimated expense of
repair exceeds 50 percent of its replacement value.
(b) Nothing in this section shall relieve the owner or user of a nonconforming sign, or
owner of the property on which the nonconforming sign is located, from the provisions
oHhis code regarding the safety, maintenance and repair of signs.
(c) An illegal sign is any sign within the city limits which does not comply with the
requirements of this Code or previous codes at the time the sign was erected, and
which is not eligible for characterization as nonconforming. The city may immediately
remove any sign located on city property or right-of-way.
(Ord. 98-02)
.
15.20.055. Variance procedure provided.
(a) The commission is hereby authorized to grant specif!! variances from the provisions of
this chapter in accordance with the following restrictions:
(1) 'lb encourage the use of signs which are harmonious with Seward's scenic beauty and
historic character, the commission may issue a variance for specific signs up to 1.5
times larger than provided in this chapter. Each applicant for such variance shall
submit a scale drawing and a color rendering of the proposed sign(s) in relation to its
surroundings.
(2) A variance may be granted in harmony with the general purpose and intent of this code
by varying the application of rules, regulations or provisions so long as the spirit and
benefits of this code will be preserved.
(3) The commission may vary the rules and regulations or provisions of this code provided
the commission, upon due and diligent investigation, makes specific findings that all
of the following conditions have been considered:
a. The variance will not constitute a grant of a special privilege inconsistent with
the limitation upon signage and uses of other properties in the vicinity and zone
in which the property, on behalf of which the application as filed, is located;
b. That such variance is necessary because of special circumstances such as, but not
limited to, health and safety or the size, shape, topography, location or surround-
ings of the subject property, to provide it with signage use rights and privileges
permitted to other properties in the vicinity and in the zone in which the subject
property is located;
c. That the granting of such variance will not be materially detrimental to the
public welfare or injurious to the subject property or improvements in the vicinity
and in the zone in which the subject property is situated.
Supplement No. 01-1
15-50
db
PLANNING AND LAND USE REGULATIONS
15.20.055
(4) In granting a variance, the commission may attach thereto such conditions regarding
the location, character. and other features of the proposed sign as it may deem
necessary to carry out the spirit and purpose of this code of moderating the size,
number and obtrusive placement of signs and reduction of clutter in the public
interest.
(b) Fees for sign variances shall be set by resolution of the city council.
(Ord. 98-02)
Supplement No. 05-1
15-51
-:r1
Suggested timeline ofP&Z priorities for 2006
Feb'q:kPlfCoascil Zone Management Plari,review----
2. Parking code, review
March <- Annual joint P&ZlCouncil 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 v 1. Review Historic Overlay District in a joint work session with the Historic
Preservation Commission
v 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
'" ,--)
d'6
Sponsored by: Planning and Zoning Commission
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2006-14
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION RECOMMENDING THE PLANNING COMMISSION
PRIORITIES FOR 2006
WHEREAS, the Seward City COWlcil Rules of Procedure, adopted March 14, 1994, state
that the COWlcil should meet in an annual joint work session with the Commission every March
to address areas of mutual concern; and
WHEREAS, the Commission and COWlcil held a joint work session in order to review
priorities on March 21,2006; and
WHEREAS, the Commission respectfully requests the COWlcil 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 COWlcil 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 COWlcil for review and comment:
Plannine 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 Imurovement Plan -The Capital Improvement Plans may be reviewed by the
Commission prior to submittal to COWlcil. If a two year budget cycle is approved by
Council, this type of review could be done in the off year.
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. 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.
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 Overlay 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.
30
Seward Planning and Zoning Commission
Resolution 2006-14
Page 3
City Land. Rie:ht-of-Wavs & Plattine: Proiects
1. City Land disposal 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.
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 specific 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 pennits,
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:
Clark, HoW, Strobel, Anderson. Smith, Keil
None
Roach'
None
ATTEST:
Jean Lewis
City Clerk, CMC
(City Seal)
32-
City of Seward, Alaska
May 4, 2006
Planning Commission Minutes
Volume 6, Page 45
Call to order
The May 4, 2006 regular meeting of the Seward Planning & Zoning Commission was called
to order at 7:30 p.m. by Marianna Keil-Chair.
Opening Ceremony
Commissioner Strobel led the Pledge of Allegiance to the flag.
Roll Call
There were present:
Marianna Keil presiding, and
Kevin Clark Kay Strobel
Lynn HoW Tom Smith
comprising a quorum of the Commission; and
Margaret Anderson - arrived at 7:40 pm
Malcolm Brown, Planner
Donna Glenz, Planning Assistant
Absent was:
Sandie Roach' - Excused
City Administration Report
City Planner, Malcolm Brown.. updated the Commission on the following business items:
~ Council had approved the Racing Lions Race Track lease.
~ The Polar Seafood lease was on the May 8, 2006 City Council Agenda.
~ The Executive Liaison position for the Boards and Commission had closed.
~ Brown explained he was to mobilize to active military duty in July 2006 and the City
administration planned to hire a temporary planner.
Brown stated the National Park Service had requested the Commission not hold a work
session on the Vacation of Washington Street before May 30, 2006 and requested the
Commission select a new topic for the May 16, 2006 work session.
KPB Planning Commission Report by Lynn Hohl
HoW submitted a written Kenai Peninsula Borough report as a lay down for the Commission
and the public.
33
City o/Seward, Alaska
May 4, 2006
Planning Commission Minutes
Volume 6, Page 46
HoW noted she had included several lay down item from the Borough attorney regarding the
disqualification for bias of a planning commissioner.
Other Reports, Announcements and Presentations
Liaison from Seward Bear Creek Flood Service Area Board
Randy Stauffer, Bear Creek Flood Service Area Board representative stated the scheduled
May 1, 2006 Flood Service meeting had be canceled due to lack of quorum. He reminded the
Commission and the public of the presentation scheduled for May 9, 2006 on the Wet Land Mapping
for the Seward area.
Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing -None
Approval of Agenda and Consent Agenda
HoW removed item 9A, the Wenger Replat from the Consent Agenda. She added items 91,
Discussion of Political Signs and item 9J, the Land Use Plan..
Keil moved item 7 A Public Hearing, unfinished business to follow after item 7B Public
Hearing, New Business, to accommodate the public.
Motion (Rohlf Strobel)
Approve the Agenda and Consent Agenda
as revised
Consent Agenda included the April 4, 2006 regular meeting minutes.
Motion Passed
Unanimous
New Business requiring a Public Hearing
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
Brown stated Seward Benevolent and Protective Order of Elks # 1773 (Elks) had applied for
a Conditional Use Permit (CUP) to operate a private club at 417 Fifth Avenue located in the Office
Residential Zoning District, within the current Masonic Lodge Building. He noted several concerns
expressed by the neighboring property owners as 1. the sale of alcohol to non-members, 2. special
events, music and additional noise during the evenings, 3. increased traffic in the alley and 4.
concerns with parking. Brown stated the Alcohol and Beverage Control Board (ABC) governed
private clubs differently than a public bar establishment. Brown read the recommended conditions
into the record and noted that staff supported Resolution 2006-12.
34
City of Seward, Alaska
May 4, 2006
Planning Commission Minutes
Volume 6, Page 47
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Don Cripps, inside the City. Spoke as a member of the Elks, supported the CUP and the
relocation of the Elks lodge to the Masonic Lodge Building. He reviewed some of the community
service events the Elks provide for the community. He strongly supported the CUP and requested
the Commissions support of the resolution.
Jim Fredrickson, inside the City. Noted he had been an active Elk member for many years,
and thanked the Commission for the opportunity to speak on behalf of the Elks. He further reviewed
the community projects and assured the Commission and the public the Elks would be good
neighbors and respect the neighbors concerns. He supported Resolution 2006-12 and asked for the
Commissions support.
David Paperman, inside the City. Spoke ll$ the current exalted ruler of the Elks. He
reviewed the draft parking plan. He noted that the Elks lodge was a family oriented organization.
He stated he had provided a draft-parking plan and two letters ()f support from neighbors for parking
to the Commission as a lay down. He noted the parking included approximately 60 spaces and he
planned to continue to work with staff to fmalize the plan. He requested the Commission support the
resolution.
Tom Osborn, inside the City. Concurred with the other public comments and strongly
support the Elk and the resolution.
Sheryl Seese, inside the City. . Noted it was very unlikely that the Elks lodge would ever need
a dumpster. She suggested the use of trash cans instead ofa dumpster and they be placed in a secure
rack on the alley side of the building.
Iris parling, inside the City. Stated she supported the Elks lodge. She noted she had been a
neighbor of the Elks lodge for many years and felt they were very good neighbors.
Motion (Strobel/Anderson)
Approve Resolution 2006-12
HoW noted a "housekeeping" change, stating Lot 13 had been left out of the resolution title.
In response to HoW, Brown stated staff had not reviewed the parking plan that had been
provided to the Commission as a lay down. He noted staff would review and work with the Elks
Lodge to secure parking as required in the City Code.
Motion (Hohl/Smith)
Amend Resolution 2006-12, Condition
number 3 to read, "Trash containers to be
located at the alley or other location as
approved by staff'
33
City of Seward, Alaska
May 4, 2006
Planning Commission Minutes
Volume 6, Page 48
Motion Pa~S~<1
Unanimous Consent
HoW expressed thoughts of the neighbors concerns over increased traffic within the alley.
Motion (HohllStrobel)
Amend Resolution 2006-12, Add a new
Condition number 5; "Applicant is
encouraged to work with the neighboring
property owners to mitigate traffic impacts
in the alley'"
Anderson stated she did not feel the amendment was necessary.
Motion Passed
Yes: Clark, Strobel, Smith, Hohl, Keil
No: Anderson
HoW noted a "housekeeping" change, stating an extra letter "0" was located in the margin of
Section 1, item C.
Vote on the main motion as amended
Motion Passed
Unanimous
Unfinished Business Items requiring a Public Hearing
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]
Brown noted th~ current Seward City Code was not in compliance with the Federal
Americans with Disabilities Act (ADA). He stated the recommendation of staff was to delete the
current section 15.10.2]5 item (0) and replace it with a new item (0) to read "Accessible parking.
All parking requirements of the Americans with Disabilities Act shall be complied with".
Keil stated the sentence contained poor grammar usage.
Notice of p~~lic hearing being posted and published as required by law was noted and the
public hearing was opened. No one requested to be heard and the public hearing was closed
Motion (Strobel/llohl)
Approve Resolution 2006-07
Anderson voice strong concerns with the current accessible parking provided around the
community. She felt it was impractical to change the code and expect parking to be changed.
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City o/Seward, Alaska
May 4, 2006
Planning Commission Minutes
Volume 6, Page 49
Smith reiterated the change to the City Code was to bring the code into compliance with
current federal regulations.
Motion (KeillHohl)
Amend Resolution 2006-07, Change to read
"All parking requirements shall comply
with the Americans with Disabilities Act"
Motion Passed
Unanimous Consent
Hohl stated she had provided a lay-down of the Americans with Disabilities Act Accessibility
Guidelines and she had also supplied a more detailed code revision. She noted she was disappointed
staff had not provided the detailed code change for the Commission.
Anderson voiced concerns with the current City ADA parking.
Smith supported the staff code change recommendation; he felt the direction the commission
had expressed was to change the code to comply with the ADA so that as the ADA requirements
changed the City code remained current.
Motion (AndersonIHohl)
Postpone Resolution 2006-07 until July 6,
2006 regular meeting.
The Commission discussed the postponemeIlt. Smith stated action needed to be taken to
bring the City code into compliance with the Federal regulations, and that current non-conforming
areas should be addressed for change in the ADA Transaction Plan. HoW stated she did not support
waiting until the July meeting.
Motion (Hohl
Amend the amendment to Postpone
Resolution 2006-07 until June 6, 2006.
Motion died for lack of second
Motion Passed
Yes: Anderson, Clark, Strobel, Keil
No: Hohl, Smith
Commission requested a 5-minute recess
Unfinished Business - None
New Business
Resolution 2006-13 recommending Kenai Peninsula Borough approval of
preliminary replat of Lots 13-15, Block 11, Original Townsite of Seward,
Wenger Replat
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City of Seward, Alaska
May 4, 2006
Planning Commission Minutes
Volume 6, Page 50
Brown noted the replat was an interior lot line vacation combining three Original Townsite
parcels into one approximately 9,003 square foot lot. Property was serviced by existing public
utilities. Staff supported Resolution 2006-13.
Motion (Rohlf Anderson)
Approve Resolution 2006-13
Motion (Rolh/Smith)
Amend Resolution 2006-13, Add "Whereas
the property is currently improved with
two structures and the improvements have
not been shownori t~e preliminary plat".
And "Whereas. the inte~t of the property
owner is to reDlove the ex.isting structures
and replace with a commerebtl ~lIi1ding."
Motion Passed
Unanimous Consent
Motion (Rohlf Strobel)
Amend Resolution 2006-13, Section 1, Add
following replat, "with the follow
Condition: <:()ndition 1, Surveyor to
confirm no en.croachments exist."
Hohl stated if improvements existed on the property itwas a standard for Borough plats that
the surveyor either show any improvements or show there where no encroachments.
Motion Passed
Unanimous
Vote on main motion as amended
Motion Passed
Unanimous
Resolution 2006-14 Approving 2006 P&Z priorities list
Brown stated the resolution was based on Commission work sessions. He thanked the
Commission for supporting the structured format of dealing with the issues before the Commission.
Motion (Smith/Clark)
Approve Resolution 2006-14
Anderson asked if the items on the priorities list were in order of priority to be worked on.
The Commission stated the items were not in priority order but noted the topics had been tentatively
selected for work sessions through 2006.
Motion Passed
Unanimous
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City of Seward, Alaska
May 4, 2006
Planning Commission Minutes
Volume 6, Page 51
Discussion of the procedure used for the public presentation of documents
which were submitted directly to the Planning and Zoning Commissioners and
. --- --tbe.-Seward--City Council members, but were not made available to City
administration or the public until several days later
Brown stated that staff had learned that documents had been presented directly to the
Planning and Zoning Commissioners a few hours before the April meeting. These documents had
not been presented to the City or to stafffor distribution to the public. Brown noted it was the job of
staff and the City to make certain the public had access to all information the Commission based
decisions on.
Anderson asked if the public had access to the lay down items presented to the Commission
before the meeting. She voiced concern with the dissension thathad become evident between the
City and the Alaska SeaLife Center (ACS). She stated she did not appreciate having been given
information directly when the information had not gone to the City or been made public.
Keil read a memo to the Commission and the p1.llJlic that she had written regarding the
distribution of the information in question. She stated she had authorized the Alaska SeaLife Center
to distribute the packet of information directly to the Commission. She felt she was saving the City
staff time and money by having the ASC prepare and distribute the information packet directly to the
Commission. Keil stated she consistently fotmdthe Planning and Zoning packets contained only the
information presenting the City administration opinions. She stated she was no longer content just
receiving the administrations point of view. Sl)e stated she felt many times information was laid
down before the Commission that \Vas not made available to the public.
Strobel voice frustration with the continued dissension within the community, administration
and the Alaska SeaLifeCenter.
Hohl noted she. often received information directly from the public. She stated when
information.WllS received directly from the public it was the job of the Commissioner to disclose to
the public the information tfu.tt had been received.
Anderson stated she was responsible for presenting several of the amendments to the
Resolution in which she referred to documents she had received and at the time of the meeting she
was not aware the information had not been presented to staff or the public.
Smith stated he had been told the information had been presented to the Planning and Zoning
Commission, the City Council and the City Staff. He at that point felt it had been made available to
the public.
Staff stated that it was not the intent to point blame at anyone but to disclose to the public and
to clarifY the record for the April meeting minutes that the information had been received. At the
time the minutes of the April meeting were being transcribed by staff the information used for the
amendments was un-clear due to staffnot having the same information as the Commission.
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City of Seward, Alaska
May 4. 2006
Planning Commission Minutes
Volume 6, Page 52
Clark stated that it was very important that the Commission understand it was the
__~'<:ommissioners responsibility to disclose any and all information that was personally received.
Discussion of SewardlBear 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)
Brown stated that staff felt the Flood Board had done a great job with the plan and had
identified the action items.
HoW voiced concern the plan had not mentioned the sustainaJ:?ilitYof the salmon habitat.
Clark concurred with HoW's concern.
Selection ofthe May 16,2006 Work Session Topic
Brown stated a request had been made by theChaifto.~~h~au.le the May 16th work session
topic as the Vacation of Washington Street; however he n~ted the National Park Service had
requested the Commission not hold a work session on the vacllti9n untiLafter the 30th of May.
Hohl noted the topic on the tentativewor~ session schedul~had been the ADA Transition
Plan.
The Commission discu:;sedholding a oIl~.~hour work session before the June meeting if the
Park Service requested a w()rk: sessiop. on the Vacation of Washington Street. They also discussed
the possibility of a work,s.ession for the Long T e1mCare site.
Following the disc~i~~the COmIl1ission determined the work session topic for May 16,
2006 to be theren~ '(e.rtl1 Care site, if administration had the information available if not, the ADA
Transition Plan as a backup.
Discussion of revisions to the City Manager's "Recommendations for Boards
and C(lmmissions" ,.dated February 27, 2006
Brown apologize<.Hhat staffhad not had time to draft the work session notes into a resolution
to present to the Commission.
Motion (HohIlSmith)
Postpone the revisions to the
Recommendations for Boards and
Commissions until the June meeting.
Motion Passed
Unanimous Consent
Discussion of Political Signs (Item added to the Agenda by Hohl)
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City of Seward, Alaska
May 4, 2006
Planning Commission Minutes
Volume 6, Page 53
HoW noted the political signs had started appearing around town. She stated the City code
allowed the signs no earlier than 30 days before an election. She suggested the Commission all sign
a letter addressed to the candidates advising them of the City Code and requesting they comply.
Following a discussion by the Commission HoW volunteered to compose a letter for the
Commission to sign addressing the political signs.
Land Use Plan (added to tbe Agenda by Hobl)
Hohl voiced concern with the Land Use Plan that was part of the Comprehensive Plan. She
stated she had confirmed the Land Use Plan had not been included before the Borough Planning
Commission or the Borough Assembly.
Staff stated the Land Use Plan had been included with the Comprehensive Plan to the
Borough. It was noted that the Land Use Plan was sent in pdf format at special request of the
Borough. Staff to confIrm with the Borough that the plan had been received.
Informational Items and Reports- (No action required)
Ancborage Metropolitan Area Transportation Solutions (AMA TS)
Commission Comments
Anderson, questioned the dumpster IQca(ed on Fourth A venue between Jefferson and
Madison. She stated complaints had been filed and she wanted to know why it hadn't been taken
care of.
In response to Anderson, aroWn stated that letters had been sent to owner of the property and
contact had been made with the waste management company. He noted that overhead clearance was
an issue for the pick up of the dumpster in the alley. He stated staff would continue to contact the
owner of the property and work to have the dumpster moved.
Hobl, stated she had no comment
Clark, stated. he had no comment
Stobel, stated she had no comment
Smitb, asked Brown when his deployment was scheduled.
Brown noted in July.
KeiI, voiced concern for Commissioner Roach's granddaughter who had been taken to
Anchorage for medical care.
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City of Seward, Alaska
May 4, 2006
Planning Commission Minutes
Volume 6, Page 54
Administration Comments
Administration confirmed the work session topics discussed by the Commission as follows:
May 16,2006 fIrst choice Long Term Care Site, 2nd choice ADA Transition Plan; May 20,2006 or
June 6, 2006 at 6:00 pm for the Vacation of Washington Street if the Park Service was ready.
Citizens' Comments - None
Commissions and Administration Response to Citizens' Comments -None
Adjournment
Meeting adjourned at 10:27 pm.
Donna Glenz
Planning Assistant
MariannaKeil
Chair
(City Seal)
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