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HomeMy WebLinkAbout02192008 Planning & Zoning PacketSeward Planning Commission Re -Scheduled Meeting Agenda Packet February 19, 2008 Re -Scheduled Meeting City Council Chambers Beginning at 630 p.m. Seward Planning & Zoning Commission Re -Scheduled Meeting recreate 7'Y, 2flux o:jupm Cely, Langan bombers M,,,w, Ked Chu,- Iwa EgAes02110 t. Call M Order .Sue Militia r"Mmusainar, Term Expires02110 2. OpminR Ceremony Margiveranderian A. Pledge orMle®arse Communicate Tram Expire, 02109 3. RollCall Kmin Clark vice{'hair !. Special Reform & Presentations Term Fspires02109 Vacant Engine, TerExpire, 02M .Sari, grace' Cam Term Expires 02110 Vacant cam mlaa, Term Epirae, 92108 PM1rh'p Oates C'ia Manager Bob Hiakr Careworn, Dererapmem Director boxes Glenz Planning Assistant Anne Bailey 6eemve Gauon A. City Administration Rapport I. Roponed Violations, Interpretation and Abatement B. Other Reports, Amowcemmt & presentations 5. Citicens' COMM"" on any Subject except those items srledulmi for public hearing [Those who have signed in will he given thefirst opportunity to speak Time is limited to 2 minutes per. peaker and 30 miners Mad time for this agenda item/ 6. Approval of Agenda and Cement Agenda. [Approval d Consent Agenda txisses all routine items indicated by asterisk (!). Consent Agenda items are not considered x aru¢ty grans a Commissioner so requests. /n the event of such a request, the item es returned M the Regular Agemlaf Planning & Zoning Cammixxion Re,Srhetlulerl Meeting Agenda February 19, 2008 Page I 1. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the firs' opportunity m.speak] A. Unfinished Business Items requiring a Public Heaing—None R New Honduras Items requirim e a Public Hearing 1. Resolution 200"1 Recommending City Council Approval Of Amending The Land Use Plan And Ravenna Of Lee; 20, 21 And 22, Clearness Subdivision Number 6 Prom Tso Funds Residential (R2) To Auto Commercial(AC)............................................................................ Par 2. Resolution 2008-03 Gaoling a Conditional Use Permit to Kenai Fjords Lodging. LLC, dha as the Hotel Seward to Operate a Drinking F.stablishmcvVLouvme Within the Hotel Seward at 217 Fifth Avenue, her 12A, Block 9, Original 'Townsde Of Seward, in the Central Business District.........................._............................................................. Page 33 IT Unfinished Buainess — None 9. NewBusiness - A. Resolution 200"2 foaming an extension to Conditional Use Permit 2W9-04 issued to Spring Creek Conventional Center (SCCC) to Construct and Operate an Additional 20.Bed Minimum Security Homing knit On "the Turned SCCC Maximum Security Prison Site, Within The Institutional Zoning District .... Page 35 • B. Approve December 4,2007Re-schedWed Meeting Minutes .... ..... .......... ... Page" 10, Informational Items and Reports (No action required) A. On the Ricer A Guide to (Tuning and Managing Waterfront Properly on the Kenai Peninsula presented by the Needed River Center and the Kenai Watershed Forum........................................................................................................... Page 51 11. Commission Comments 12. Citizens' Comments [Limit to 5 minors per individual — Each individual has one opportunity m speak] 13. Commissions and Administration Response to Chimens'Comments 14. Adjournment Planning& Zoning Commission ReSehedrdes/Meeting Agenda February 19, 2" Page 2 Spoasuredby: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 210841 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CFFY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL. OF AMENDING THE LAND USE PLAN AND REZONING OF LOTS 20, 21 AND 22, CLEARVIEW SUBDIVISION NUMBER 6 FROM TWO FAMILY RESIDENTIAL (112) TO AUTO COMMERCIAL (AC) WHEREAS, Applicant Steve Leper has submittal an application and $250.00 filing fee, requesting that I Ms 20, 21, and 22, Clearview Subdivision Number 6, be rezoned from I'wo Family Residwrial (112) to Auto Commercial (AC); and WHEREAS, Lots 20, 21 and 22 are samently vacant land, approximately one and one thivl (1.l) acres; and WHEREAS, me current ynning of the property is Two Family Residential and the Land Use Plan designation is Two Family Residential (R2); and WHEREAS, the Anse Commercial clumicr was established to provide s as to accommodate Nghway-oriented commercial activities such se offices, certain instltufional uses, and limited personal services and retail uses requiring substantial outdoor activity, tic, and Parking; scroll WHEREAS, a goal of the Seward Comprehensive Plan is to, "Maintain Sewad's Lard Use Plan as me primary local loot to ensure quality community IaM use ananSomenls, growch, and development to the Year 2010", and WHEREAS, the public notification process ores complied with and the appropriate public hearing as required by Seward City Code § 15.01.0u) was cond red by the Commission onFcbr 19,2008. Seward Plarming and Zoning Resolution 2MMI Paget NOW, THEREFORE, BE IT RESOLVED by the Seward Ylarming and Zmdng Commission that: Section 1. the Seward Plarming aml Zoning Commission supports the proposed Zoning and land Use Map change and recommends Ordinance 2M8-_ be forwanled to City Council for approval. Section 2. This resolution sbsll take effect Immcdiawly upon iN adoption PASSED AND APPROVF,D by lire Se wd Narrating and Zoning Commission this 10 day of Febr m 2008, THE CITY OF SEWARD, ALASKA Marunoa Kell, Chair AYES: NOES: ABSENT: ADS LAIN ATTEST h:an Lewis, CMC City Clerk (City Seal) y Spomored by: Plxnnno and Un ni Commimmu mtrodueta, Ham: Park Hearing R+m: Enactment hho, CITY OF SEWARD, ALAS" ORHINANCE NO.2008- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND REWNING OF LOTS 20, 21 AND 22, CLEARVIEW SURDIVISION NUMBER 6 FROM TWO FAMILY RESIDENTIAL (R U TO AUTO COMMERCIAL (AC) WHEREAS, an applicant has requested a rezone of Lars 20, 21, and 22, Ch evicw Subdivision Number 6, drum "Iwo Family Residential (R2) to Auto Commercial (AC); and WHEREAS, the total area of land being manned is approximately 1.3 wreq and WHEREAS, the Seward City Code SCC §15.01.035, Amendment, (b) (3) allows the consideration of this rewne as me land is wutiguous to the rotha stW wrdng district and is greater than one (1)near; and WHEREAS, are official Zoning Map described in SCC 15.01.030 will have to he amended from Two Family Residential (R2); to Auto Commercial (AC) and the official land Use map will have in be amended form Two Family Residential (R2) to Auto Commercial (AC) in response to this rewne; and WHEREAS, the Plamdng & Zoning Commission has complied with public notice and public hearing procedures for amercing wring and land use district designations, as required by Title 15; and WHEREAS, at the February 19, 2000 treating, the Planning end ZanGrg Commission reviewed the applications, held a public Fearing and recommended City Council approval of the proposed zoning amendment included in this ordinance. NOW, THEREFORE, RE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Sechra 1. The official Land Use Map ofthe City is hereby amended by changing the land use designation of Lot 20, 21 and 22, Clearview Suldividoa Number 6 brain 'Iwo Family Residential (R2) to Auto Commercial (AC) his displayed In touched documem) City of Seward Ordinance No. 2008-xx Page 2 Section L. The official Land Use Map of the City is hemby ameMed by changw8 the land use designation of Lots 20, 21 and 22, Clcarview SuMivisioo Number fi from Two Family Resulmlinl (I12) to Auto Commemial (AC) (as displayN it, atmched document) Section 2.'1'he official ]caning Map of the City is to=by amended by changing the zowug designatinn of Loll 20, 21 and 22, Clearview SuMivision Number 6 from Two Family Residenfial (R2F to Auto Cmmmemial (AC) (as displayed in attached document number) SeMfom 0. 'Ihia ordinance slwll take affenttm (10) deYs following enactrncut. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEW ARD, M ASKA, THIS DAY OF 2008, AYES: NOES: ABSENT: "STAIN ATTEST: learn Loma, CMC City Cluk (City Seap W THE CITY OF SEWARD, ALAS" Clark Corbridge, Mayor P&Z Agenda Statement Meeting Dam: February 19, 2008 Through: Bob Hicks, CommunirylkvrAolr 1m'c�ul llklro From: Donne Hirai, Planning Assistant ak v' Agenda Item: Amending the Land Use Plan em1 assorting of Lots 20, 21 and 22, Clearview Subdivision Number 6 from Two Family Residential (R2) to Auto Commercial (AC) Attached for the Commission's review and recommendation to the Seward City Coweil is Resolution 2008-0l recommending City Council approval of the attached Ordinance 2008-X , amending the Land Use Plan and Rezone of Lots 20, 21, and 22, Clear new Subdivision Number 6, from Two Family Residential (R2) to Awe Commercial (AC) (see attached maps). The applicant is regwsring this rezone in order in provide land suitable for future commercial uses allowed within the Auto Commercial District. Lots 20, 21 and 22 are correctly vaced lend approximately 1 cod one third (1.3) tare SCC {t15,01,035, Amendments, (b) (3) allows the consideration of this rrronc as the area is contiguous to the requested zoning district vial is geaterthvi one (1) acre m area. The large, approximately 2 acre Tract A, directly in the Rasa currently zoned Auto Commercial is awned by the CM (separation and contains a warehouse and parking lot use to support the CIRURcwd Fjords 'rows butter tow Bermoss. The parcels to the North across Resurrection Boulevard we presently zonal 1'we Family Residential HU) and contain generally single family homes. The 9 lots to the Northwest are com ndy zoned Two Family Residential (R2), presently undeveloped and for the most part awned by the applicant, Lever Enterprises. The large approximately 15 was Tract 5 to the South taut Soumowel Is zoned Rcamwe Management, is currently rwdeveloped lard owned by the applicant, Leiror Enterprises. In order for the lots to be rezoned, the wderlying Land Use Plan will also have to be amended. The land Use Plan adopted with the 2020 Seward Comprehensive Plan recommends this area he rezoned to Two Family Residential (R2). However the area noadgmous to Lots 21, 22 and 23 on the Fast, is mmended to remam Awe Commemid and a lugs parties of Tract 5 to We South is recommended to be rezoned to Am Commercial. SCC 15.05.025. Land use districts —Established, definitions a) Powlished The city is hereby divided iao lard we disnmv which shall he I bounded and dfmd as shown on the official laid, use map. This official mop, together with all materiality mailer thereon, as exhibiwa ar the time elfpublic hearing. is hereby adopted by reference and declared to be a pant (this chapter. The current wring of the area requested for remu is 'Iwo Family Residential (R2) defied in SCC 15.05.025 (b). as (3) Modems density (one to seven dwelling wits pan acre) heiro nand housing area with a any mcdogle and meA ily units, freefram other seems except those which are both compatible and convenient to residents of such a district. The teyuessted Panning and Land Use Map change of the area for remne is Auto Commercial (ACC defix" in SCC 15.05yes5 (h). as (g) intended to provide are= to accommodate highway oriented m emeroial activities such as fees vermin nsritutional uses and limited personal services and retail ores requiring substantial outdoor activity, traffic and parking and which also .verve the fan and nearby residential areas, and which do not notarially detract from nearby residential areas. The applicant told owner of the Lot 20, 21 and 22 pu uested for rezone has bad the land vailable for sale m is currently wood Two-f ily Residential for some time. The applicant leas received an offer on me land and a request forthe rezone from the adjoining property owner to the east. As spread in the applicaal's appbca8on, Kenai Fjords Touw/C1Rl (owner of Tract A, to the rest) hopes in expand diets retreat customer puking and storage building by purchasing Lots 20, 21 and 22, Clemview SuMivision Number o Recognizing that Ore primury concern of all wnhrg actions Is to promote public health, safety and general welfare (SCC 15.01.010), Community Deveipment recommends this classic for several reasons. 1. This remne will allow for the maximum use offsets 20,21 and 22, Cleamiew Solid. No. b by allowing the increased development of the Auto Commercial Tract A to the East. 2. There are limitations involved with attempting to potential community needs and resume with the land use need for vim family homes verses; other activities. At this time the community has a very limited selectioof land available for commercial development within close proximity to the Sewanl Small Roar Harbor, whereas more options are available for land for two family homes. No objections were expressed from City staff, boners" two points of cvsicem were submitted. Tbc electric dcparmrent noted current electrical infrastmcmm may not be adequate for commercial development. The applicant was made aware of this camcem. The second submitted concern was from the public works department and he supported the mew remain residential. At the time of this review two public concerns have been submitted to staff, boN of which use included with the packet pmvlded to the Commission, pme voiced reason for 6 Increased haffrc and public safety on Phoenix Road if the revooe were to be allowW. The other voiced concern with the possibility of future commercial development moving fuller into the residential zoning districts. As requ'ned by the City Code, neighboring properly owners within 300 feet of the area subject m review were notified of the pmpnsM rerone and amendment to the Land Use Plan. CONSISTENCY CIIECIO,IST YES ENO_ N/A 1. Contorehemlve Plan (tom) x Ptomote expansion mV development oflocal entrepreneurial busineescs. (page 16) 3. Strateve Plan (1999) x Promote Residential and Commercial Development Inside the City (page 9) RECOMMENDATION' Commission approve Resolution 2008-01, rceommeading City Council approval of the allnebed ( nmu 200E-)C, Amending the Land Use Plm and Remniel; fiom Two Family Residential (R2) to Auto Cmmemial (AC), Lots 20, 21 mtd 22, Cleaodew SuMivision NmnM fi. R2 Two Family Residential W �Z 5 j Lot22 Auto Commercial d W to zu W21 m t1mutoCommemmal Land Use Map P&Z Read 2008-01 Lots 20, 31 and 3; aeaniew sues. No e N Steve Leirer Rezone Regal 0 95 190 Fee! iwo Famlly to Auto commercial �, r y n.. p82 mee[ino 2lde/2008 LEIRER ENTERPRISES � &,,,it221-.5965 3640 Ynon6 woret Mahwerw Smac Last G63-6545 gnehomge. Me," 99508 December 27. 2002 Community Development City of Scward P.O. Box 167 Sexual, Alaska 99664 Subject. RILZONWG APPiTCA110N Lots 20,21, and 22 Cleaz'view Subdivision, N.6 Attached is the Steve LcierCruer Enterprises LLC application to rezone three lots fmnr R-2 to Auto Commercial (AC). The lots are 20, 21, and 22; Clear view subdivision N.6 (Plat Map altawhul) The lots adjoin property that is ruaently weed AC and is III rise by Kenai Fjords 'fours/Cal as a wrebates and parking lot to support their harbor bur btusiness. Re - seeing would be a continuation of existing zoning The three lots we greater than one Toursarea. Refer to attached letter subject 'CIRI Alaska Iourism Corp. Kenai Fjords purchase of Lots 20, 21 and 22. South of Phoenix Road, south of lots 20, 21, Sao 22, and the defeating Cal property, is Track -5, which is selected under the 2010 COMPRPHRNS IV E PLAN as Auto Commercial tile lots 20, 21, and 22 are currently zoned as R-2 and project herween and into AC Zoning on two sides as illustrated by the Comprehensive Plan map. (See land use map atlawhed) Rezoning Lots 20, 21, and 22 to Auto Commercial will provide a mom compatible and Tess intrusive transition between the Auto Commercial and R-2 70111ng Rezoning would merely alter said smooth out existing, contiguous zoning. On thewest side, R-2 Lots, 19 and 22, under new reemling world be bound by AC on our side. Lots 19 and 23 are owned by Leiter and will not to be offered for vale until after rationing is completed, thus Insuring that potential buyerswill bo aware of and agreeable to residence adjacent to Auto Commercial. This rezoning is consistent and allowed under Code 15L5.020, Land Use Plan Purpose: "Such a classification system Should provide a balanced, compatible land use nrix in cider to separate incompatible uses and minimize conlbutbotweailand uses." The poposedrezone is consistent lark the snrmondiug land uses and would accomplish this goal. Since fare harbor area, a key to economic development, is booming more desilopul and worried, Ilmru is 4larval need for development to spread outside of the harbor area. The current options are for development to spread: 1) somh iner town along the waterfront and into areas south of the Lagoon, 2) north, outside the City Limits to mile dnee along the Seward Highway, or3) west toward Tact 5, and Lots 20, 21, and 22, Rezoning some Akita Commercial property adjacent to Cin"s Auto Cnonmercial property s appropriate, as opposed to asking Cat to expand into 4 nun-adjawem area, or outside City of Seward pagc2 the city limits. Adjusting the arming for lots 20, 21, and 22 is compatible to the land rise plan seat is in rho towards a sensible selection for development outside the harbor area Additional Auto Commercial development would add to the private tax base within die city limits. Reapnmg to ahi acrandbest use bchowas wribusiness property lax base. Thorc has been a loss of privetu his base within the city limits: as shown by the loss of business zoning to the downtown multi agency fheility, and the AC property lost to the Seward Hi gbway dar a pedestrian undo -pass. Acidulous to AC toning bell) o(1'set tlds trend. A shortage of covwcrcial property inside the City has resulted in develapmcat along the Seward highway beyond mile Wee and on Nash Road. It is important to the community to maintain the private tax have inside the City Limiter and to moire maximum and best use of land inside the City. Changing zoning on Lots 20, 21, and 22 world be consistent with this goal. Auto Commercial zoning does not materially detract farm aridity R-2 and R-I neighbor hoods on the North side. Resurrection Buulevmd on the north side provides a separation banner between meidunces, and the existing Auto Commercial property at Clltt's facility and die lots proposed for rc-zoning. There will belittle impact on traffic patterns in the area. Traffic firm the CIRI facility crassly accesses the Seward Highway firm Phoenix Road on Ilse ninth side. On the south sick of Lots 20 and 21, there we no memories, as it is bordered by Phoenix Road amd'Iraw 5. On the east side, Lots 21 and 22 ate adje tan to the CMI Probity We Felieve Ihatthc rerzm+ingis in tine best inteest o5the aonuawity, his our goal m o ma that damn development is done in a responsible manner that world be efit all concerned Verytruly yours, Leper Enterprises LLC A L C Serve C Leircr Attachments: $250.00 Check fee Zoning application loran Full plat map of Cleaview Subdivision No 6 ('Cr inclan sivr lend use plan map Letter, CIRf interest in prr'clnaec H LAND USE PLAN AMENDMEN'E- REZONING APPLICATION Petitioner: Steven C.Iseirer/Lencs Enterprises LLC Address: Mail: 3640 Young St Anchorage AK 99508 Phone no Mo. 907-563-6595, Cell 907529-7769 Legal Description: Lot 20, (14510440); Lot 21, (14510441); and Lot 22,(14510442) IT 1S R I W SEC 3 Seward Mendian S W 2005015) Land use plan: Present: R-2 Proposed: AC Zoning District Present R-2 Proposed: AC Intended use and /or reason for rezoning: Tho reason for the rezoning is to provide additional land for business purposes that relate to season ltourist and harbor related activities, similar to the current adjoining Auto Commercial vaned property. Kenai Fjords Torus/CIRI owrvs the Auto Commercial purcel adjoining these Lots. Kenai Fjords Tours has entertu into a purchase agreement with Luna Entorprses LLC for purchase of Lots20, 21, and 22 depending on the lots being rezoned Auto Commercial A map required to accompany this application. Proofofowneship for parcel(s) With a fee of 5250.00 (payable in the City of Seward) to the Corrumnaty Development Office. Sipatures of 51%of properly owners involved in the rumoing area. Comments and letters attached December 27 2007 Leiter Enterprises LLC Steve C Ldmr PROPERTY OWNERS M MMW1 TR AREA 14510446 Nolen neutral R-2 14510445 Howard agree R-2 145104" How" agmo R-2 145ID443 Leiter agree R-2 14510442 Leiter agree R-2 14510409 CIRI agree AC 1451r14113 G I agree AC 14510404 motel agree AC 1451M35 Leiror agree R-2 14510436 Leiter '4rzee R-2 14510437 Leiter agree R-2 14510438 Loirer agree R-2 14510439 Leiter agree R-2 14510440 Letter agree R-2 14510441 Lcirer agree AC 10 UEARNEW SUBO NO 5 Pi y =E MRW DATA . _ izu arsE' n• ire AOff w 120 IFv 11151- W IV s .ram awaan oA� 12 \ �b P \ IJ 9 R pl � 4 i \ lei Ft % a 9943 9o� H. /105B1py. R ,1 0 �w0 170 � Ft $ 2e91 !` ti N 4 _ l� 56ern5#r.lu?l0 u E DATA RIB • r,,,m ua»wn.,r aI. a.,e Rwa &W TT1 FI �wn Y [ 5W!110E S J Lt 5/ 24'Rtl �"I' I. 10571' ueua, a (LDR I�orasl q Pob PM ]WI 5 0AIE P1.sn ✓�m.m *I e1rms LF,IRER ENTERPRISES crtrocaswnnp Seward - 2246e65 lea() Yawg Snn¢e levitates, St... Teter 56AE696 JAN a Anulwrcar, AMA, December 9, 2007 City ofSeward P 0 box Ili) ScwerdAK 99664 Commonly Development Subject CIRI Alaska Tourism Coin (Komi Fjords Taws) Purchase and Sales Ayucancrn for I Mx 20, 21, and 22, Clearview Subdivision No 6, zoned as Auto Commercial. from Fjords Tours parent company CLLL Alaska Tourism Carp has executed a Purchase and Sales ADcemnt with Lefrer DnCiprises LT.0 confirming CIRI's intent to purchase Leta 20, 21, and 22, dependant upon the lots being rezoned to Auto Concurrent Lots 20, 21, and 22 would be added to their existing ode eanmmwciai facility, now in use as customer parking and a storage building. CIRI has the need for this property as its business needs expand. CIRT's growth as mentioned in the Anchorage Daily News on December 13, 2009 (copy attached), with its tour, lodging, rcslauran4 and file compacting activities 1s important o the economy of the Seward area CIRI interests in these lots emphoslve the need for more commercial land to support the harbor dcvclopmor, as I have outlined in my application letter. CIRFS Content use of its existing facilities is known to the Seward community and neighbor in the Cleo, few area; and has heel' compatible and acceptable to the public. Currently all traffic to the warehouse and parking area is on the east and south side of Phoenix Road. CIRT's acquisition of these Lots will not change traffic parents. Rectums and use by CIRI will not change the effect an the ncighbur no Resurrection Road. 'file Lots zoned as auto commercial will generate twice the "B'I ax valuation over the current R-2 voting. Holding the aDlus or increasing valuations for property tax is important for the public and City, as them is the nand for budgets to go up, assessed valnations to shill outside the city limits, and the loss of higher valve fitfully in non- taxable entities. The Ciry and be public need the increase in the `business assessed valuations' w keep home owner taxes as fcasoanble as possible Sincerely easids. Steve I elver �i� %1 ,9 ; Inv ��� Phi I of I Donna Glenz From: Paul RUPPle [W_ak®hWmailmmj Sent: Fdtlay, February 01. 200811:32 Pal To: Donna Glenz; Paul nipple; May kellar SuEjetb ReaWUGon 2W9-01 Rezoning Sewall Psi all Zonlfg Cgnmission Re: Resolution 2001 Relb, 1 live within 300 fret d Ns Proposed rrzaue from RZ W AC. I'm opposed m the resane and wish you vroukl at mpm re ft. RNo Comnrertlal zoning already eris6 on NYs Drive, adjacent m this Property. In the summer there is constant traffic using this Paddy lot and consent shuttle bins m ing and gmrg. Year round there Is hnainenanre being donne N vehicle all bpdR on Nis property. We do not want these mUdbas any closer m our resaential neghhontm0 then they ahead/ are. Rezoning Nis proloomr would auw other uses ofrercyreW an runobaRccd la occur wMnut adahtahal approval. AC would allow a liquor More, mr wash, fast fixed ddve In tall antennas, sWalle containers, etc. Additional panklng, buses, and vehicle hnainueni closer to our hens would materially dehract hen our quality di We have a rake neoloonhood wNh kits achldren all Pets. We ray N keep our (homes and yards looking rvm. Do not allow One aawnerlai lot to trtty Winner Ji our neglhbodood. Please an not gran[ the rezoning. Tlanks, Paul Ruppk 1621 Rhsumeetn BAN connect and share in new ways with Wini ❑ee. Get it now' Spam Not Spam Forget previous vote Gli lnnnnk Date: February 8, 2008 To: Scwand Pluming and Zoning Commission From: Christy Bands, 1818 Phoenix Road, Seward Re: Rezone Application, Clearview Subdivision, lots 20, 21, 22 Please cournicher that the corner on Phoenix Road, which abuts two of the lots, is already very dangerous. It is a sharp, blind, and narrow comer. Phoenix Road is a high vehicle traffic area W many residents use it m access Gateway Subdivision, Pacific Rim Apartments, and Gateway Apartments. Ale, there are many young folks who use the long hill coming down Phoenix to ujoy coasting on bikes and skateboards. There are no sidewalks and barely any road shoWda an pedestrians, bicyclists, and skateboarders ead up having to use We roadway. In the summer, many mmriats amp right in We roadway at paw comer m look at the eagles nest mW the homes. Many times I have been behind atouds"vehicle drat has stopped m the road at this ranter. I waited In dread dust another car or bicyclist would come barreling down Phoenix and cut that coma (as most people arc prone to do) aM witness a headon collision. If these two lot on Phoenix Road get mood AC, thus the potential is artremely high that tragic will irusease at Wal coma. What is now zoned for f ilyoriented tredre will change to businessoriemed traffic. boom Fords'I'ours (KFT) owns the land abutting the lots up for rewce. Its land is used as a parking lot for its customers. There are hundreds of vehicles m and out of this parking aces every day during We summer. If KFT gained ownership of the two Phoenix Road lots and expanded its parking area, a vehicle entrance/exit could be locate 69M on this dangerous comerl I don't know if Were is a way to attach a mstriction an We rezone of the two lots, but if possible, I would ask the Commission an please restrict commercial traffic movement away from We Pbamis Road corner. If that is not possible, Wen I would like to gat on remN as opposing Win nosame request baause Were would be no leather redress if commercial business insmlled an aurmedecit on We comer. It in my nrderstsnding that no amWGural use permit would he wmrcd. Thank you for your consideration of my concern, Christy Bagula Sponsored by: Applicant CITY OF SEWARD, ALAS" PLANNING AND ZONING COMMISSION RESOLUTION 2008-03 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO KENAI FJORDS LODGING. LLC, DBA THE HOTEL. SEWARD TO OPERATE A LOUNGEIDRINKUSG ESTABLISHMENT WITHIN THE HOTEL SEWARD AT 217 FIFTH AVENUE, LOT 12A, BLOCK 9, ORIGINAL TOWNSITE OF SEWARD, IN THE CENTRAL. BUSINESS DISTRICT WHEREAS, the applicant, Scout Fjords Lodging LLC DBA the Hotel Seward, has requested a Conditional Use Permit to construct and operate a Inungetirinking estabhslancnt within to current Hotel Sewanl; and WHEREAS, the Motel Seward is located on Lot 12A, Block 9 of the Original '1'Owranc of Seward vN is within the Central Business Zoning District (CBD); and WHEREAS, as per the Seward City Code, Land Uses Allowed, Table 15.10.225, a lounge/drinking establidericut is allowed in the Central Bushmes Zoning District as a conditionally pertained use; and WHEREAS, having complied with the public notification process; on February 19. 2008 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 Comnssion that Section 1. According to SCC'. 15.10.320 ), the Comrussion shall establish a finding that the use satisfies the following conditions prior to granting a conditional use permit A. The use is consistent with the purpase of this chapter (the Abward Zoning Code) and the purposes a rthe zoning district Finding: This condition has been established. The property is zoned Cenral Business District (CBD). The Central Business District is intended to provide for an now of convenient, attractive, concentrated conunuclal development primarily intended for retail, financial, entertainment and professional services accenting Sewad Planning and Zoning Commission Resolution 2008-03 Page 2 of witbin enclosed structures. Regulations applying to this zone are designed to eneowage a cumpaell group of businesses of the type which we mutually beneficial and located close enough together to encourage walk-in trade. A loustge/drinking esmblisbrvent is allowed within Abe Central Business District by conditional use permit I'mm the Planning and Lwdng Commission and any Potential adverse impacts to adjoining properties or other properties in the Central Business District can be mitigated duough conditions esublishW by the CUP. B. The vacua (adjoining property wYi nm lie sign&J xfiy Argaked Finding: This condition has been met The neighdning pmptmes me predominantly commercial including another hotel and several parcels owned by the National Park Service to the east commercial businesses and parking lots to both the north and south; the commercial Fowth Avenue downtown businesso are to the west. C. The proposed ase v in harmony wad the Seward Comprehensive Pico. Finding: The Proposal is in bar nmy with the Seward 202o Comprenemive Plan (2006). Seward Comprehensive Plan (2006) 3.1.1.1 (BWIct 2) Encourage tM cohacecmcnt of private busines . in downtown Seward as the cmnmwity's traditional retail core. (page 18) Straeedc Plan (I"I Continue to Support and Enoomage the Re-viWimtiwr ofDowutown (page 14). D. PaNk Services andlwilitia are adequate m serve fiepropmed me. Finding: This wrtdium has been nml. Public water, sewer, and power are available to the property and currently in use within the Hotel Seward, as well as ada{uats fire, Police and solid wane disprsd snrvmws. Ibis request is as interior rc nWel and is cuneutly as the review process with the Building and Fire depmlmeraM While providing mount public parking is not contoured within the Central Business District the hotel Seward has a hotel poking let located on the north side of the building. G Me prepared sere wl➢ ant De harmfal to Ike puNk sq%dy, FeaW or weillam Finding: This condition has been met- The Hotel Seward has undo gore the process of ebangivg nhe proper State ligwr licensing from the New Seward Salmon back to the original location within the Hotel Seward Close walking proximity on the dmwnwwn commemid district makes the lomgeibolet location bvwfncod to visitor circulation supporting the downtown bm iness district. 7� Seward Planning and Zoning Commission Resolution 2008-03 Page 3 of 4 F. Any and aU speclffe eondgbnt deemed necessary by the comminion to fufrrfl the above -mentioned rondidom, shag be met by the appfica" These may include but are not /bated to mnousset talkative b access, screening, site decefopmenl, hulf flag dmign, operation of the ase and mkm simdlar aspern evinced to the proposed ate. Basal on the above fmsinso and enuduelons, approval of the CUP shall be subject to the fallowing condMnns: I. The sale and use of alcohol shall he In accordance with the Alcohol lievemge Control Board regulations and the City of Seward wise ordinance. 2. Modification of 1-mal approval of a conditional use permit may, upon application by the peraitee, be modified by the Planning and Zoning Commission ar Whenchanged conditions cause the conditional use to an longer conform to the standards for its approval. Is. To implement a different development plan carbonating w the standards for its approval. c. The modification plan shop be subject to a public beming and a filing fine set by City Council Resolution S fion 2. The Planning and Zoning Commission finds that the proposed use, subject m the above conditions statistics the criteria for granting a Conditional Use Permit provided the conditions listed on Saxon 1, Subsettion F. ase met by the applicant, and autlwrizes the adntivismation to issue a Conditional Use Permit to construct and mature a lounge/drinking establishment within the correct Hotel Seward, subject to the shove conditions. Seetioa 3. The Placating 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 authoruas the administration to issue a Conditional Use Permit. Additionally, the administration shall periodically confirm the use cars mthe smndmds of its approval. Section 4. This resolution shell onto effect 10 days following its adoption. Seward Planning and Zoning Commission Resoludun 2008-03 Pagc 4 of PASSED AND APPROVED by the Sewmd Planning and Zoning Cmmmisson tins 19'^ day of Febmary 2008. AYES: NOES: ABSENT: ABSTAIN ArlIS'f: Iean Lewis, CMC City Clerk (City Se ) 715 THE CM OF SEWARD Mariana Keg, Chair P&Z Agenda Statement Meeting Dare: February 19, 2008 Through: Bob Hicks, Community Development D�✓i ar _ From: Donna Gles z Planning Assistant aek ` 0 Agenda Rota: Resolution 2008-03 gmnfing a Conditional Use Permit to Kenai Fjords Lodging. LLC thin The Hotel Seward to Opcmrc a Lounge/ Drinking Dnablislunenr witldn 'He Hotel Sewardaz 217 Fifth Avenue, with in the Central Th iness District BACKGROUND & JUSTIFICATION: The Kenw Fjords Lodging, LLC DBA the Howl Seward has ratu awed a Conditional Uav Permit (Clip) to operate a lowge/drudang establishment within the current hotel Seward, located of 219 Filth Avenue, on Lot 12A, Blink 9, Original Townsite of Seward, within the Central Business 7xining District (CBD). A IoungGdriuking establishment is allowed in the Cannot! Business District (CBD) as a conditionally permitted use by Seward City Code, IsM Uses Allowed, Table§15.10.225. The applicant has applied for and received the trevsf of the mquiml Store of Alaska Tourist 1 iquar License from the New Seward Saloon. Phis Liquor License was originally imuol to and located within dre Seward Hotel, than moved to the New Seward Saloon, The new owners of the Hmel Seward plan in remodel and reestablish an approximately 18 seat lounge area within the hotel to be known ax "Gene's Place". I& irnent of the Central Business District (CBD) is as follows: SCC§15.050.025, Fail Use Districts--Bstabhshed, Defininona, (9), "Provides for an ones of convenient, attractive, srwnvatW wmmercial development primurBy imendN for retail, f nd, entertainment and professiowl services occurring within enelomal sWcturea. Regulations applying to this zone are dssilused to ea wur e a compact group of businesses of the type which are mutually beneficial and locatd close enough together in eneoumge walk in trade„ The surrounding area fcatans; professional offices, comet ruin! businesses and stores, and another hotel. The Alaska Sealife Center is within easy walking distance as well as numerous restaurants and shops. All aspect regaisM by Sewual City Cock §I5.01.040, Po Iic Hearings (14), ware met including property owners within three hundred (30)) feet of Lot 12A, Hlock 9, thiginal Townsite of 2(P Seward were notified of the proposed Comlitu and Use Permit action mal the properly, was posted with public notice signs. At the time of publication of this report, stab' has received no public wmment, if my reapondww is nceived Act publication, it will be preermil as a lay down item at the February 19, 2009 meeting. Reenmmended condidana: I. Modificaion m the firm) approval of this conditional use permit may, upon application by the permitee, be modified by the Planning and 7mung Comrnission: A When changed conditions cause: the wnditioual use m vo longer conform to the standards for its approval. B. Io implement a tiRereat development plan wd'urming to the mendar3 for its approval. C. The madificaoon plan shall be subject to a public hearing aral a filing fix set by City Council Resolution. CONSISTRNCV CBRCId.IST: Yes No Seward Comvrchenslve Plan (2020) X 3A.1.1 (Billet 2) Bowumge the eohmrcemem of private businesses in downtown Sewmd as the cmir unity's nalitioval retail woe. (page 18) Many Values statements and objectives support armexpansion of efinesses activities, including dense Not support the visitor ivW to In Section 3, buss mess of ecovaode development include enwmegement of mmism, and tourism wpport basirasscs. Strablic Phu (19991 X Commie to Support aM Enwumge dre Rr-viudization of Downmwn (page 14). RECOMIgENOATION: Staff recommends approval of Resolution 2004-03 granting a Conditional Use I'mmit to Kenai Fjords Lodging, LLC dba The Hotel Seward to opemte a Inunge/ Chinking Establishment within The Hotel Seward located at 217 Filth Avenue, within the Central Business District. 2i VEMEMEMEMM CITY OF SEWARD =22E COMMIIa my OCvFi npsave1T ncerre P O, Nnx 1RJ a SeWrM. Aleak, 409AA(907122"0AR CONDITIONAL USE PERMIT APPLICATIO I his completed application is to be submitted to the Community Development Department no later than three. 131 weeks In advance -f the next rego!ady scheduled Morning and Zoning Commission meeting held the first Tuesday of each monM. The application must be accompanied by the §2b0.00 Mind fee; and if nmmuty is alreadv developed. an az huft survey prepared by a surveyor registered in the State of Alaska; or located site and elevation Plans for undeveloped land. APPLICANT INFORMATION Applicant, No�_S6.'gtr \ Address:k7t].P, ru 22S1R Telephone No.: no) 224 -. L Property Owner If other han applicant): l_ Address SM q Telephone No.:JNle}K1L-333-`h137 rnr.t.� aa4-sea PROPERTY DESCRIPTION CtKAnniy- d4,2-6b 06 Address: LactDA emck 5—Subdlvison�q F,hnu.,ATax Parcel No. 149 -Ito-320 Land Use Plan Designation: C-..a kti.aDuF Zonirg Designation:(R1 DtyELOPMENT PgOP05@y INFOgMeTlO A. What structures are located on the property? S. What is the existing use of the Property?r C. What is the proposed use of the property 4 'L6 t } � D. What is your development time schedule?Tre ..p\e a1_6 aeraan nm 1 of 3 e p c W I L �navdna 67, 'asn posodGA a41 of pelelas spadse lel!wls lawn pue n aqi yo uo!leiado'u6lsap 6o!ppM'luewdolenapelM'9uwaaias'69mx 04 aaealw saNseaw of papwll lou we p apnlou! Aew asa41 'luealldde egl Aq yaw aq ilegs suo!ppuba psuoguaw -enoga a41 II!11^V of uo!sslwwm a41 Aq Messaaau pewaap suo!ypuoo n!poaus Ile pue Auy .wepam 10 gileaq'Ala{es ollgnd agl of Inluueg aq iou II!m asn posodwd agl 'S .asn pasod<ud a41 anus of ayanbape we SQUIlwel pue sm!nlas mlgnd 'b .ueld enlsuagwdwaO premaS ags 4pm Auow2ey w v asn pesodwd a41 '£ :panedw! AlluaogWGlz aq lou plm Avadma 6UIUICIpe aql Io en!eA a41 'Z pump 6uwoe a4y p sasodmd egl pue apo'o dwub2 plemoS ag110 esomno ag1 N!m lualslsuoa sl esn a41 L r=u(ow».y 33C :vegi sa6alle Agayag luea!Idde agt :(OZf'OL'SL § DOS) suop!puoa bulmopol agi seyslles asu u411e44 ya4s!Ige1u+ a4 I1e4S p'IdnDl gwad asn leuoq!puoo a dupumb uo!ss!ww00 bwuOZ pue ow,uueld plemeS agi of loud 3 Application for Conditional Ike Permit Pagc 2 Answers 1. Yes, llotel Seward request for the purposed Lounge permit is consistent with the requirements ofthe Sewaid's Zoning Code and wnnig dlsnict. 2 The value aping adjoining property will not be significantly impaired. The improvements made by the addiNom ofthe lounge will increase occupancy of the Hotel as well as bring additional visitors to Seward increasing sales for the downtown business district increasing the property value of the Hotel, as well as others in the community. This will actually have a positive impact on the impeding property. 3 The proposed Lounge is in Harmony with the Seward Comprehensive Plan to addease tourism. Gene's Place wasissued a Tourist Liquor License to provide the d amenities and promotional activities necrnsary to enhance We Hotel Seward to increase occupancy bringing additional visitors to the dowmowo business district of Seward hotel Seward will be marketing Seward in the shoulder and offseason in currently motioned promotions using Gene's Place as an imegral pan of the promotions with a conference facility. 4. Our public services and facilities are adequate to serve the 18 seat lounge we ]give proposed. The lounge is mainly forour hotel guest We have 1 public bathrooms and our parking is compliant with zoning. 5. The proposed Lounge will be operaled in the guidelines of the laws laudating'n to provide for the public safety, health and welfare Cone s Place is primarily an enity for our in-house guest. The proposed use is to Pori our Seward Tourist the opportunity to remain at the Hotel for their safety and convedicnac while relaxing an enjoying what Seward has to offer. The approval ofthis Conditional paid ppleation will complete the removal of the New Seward Saloon and return a Lounge for guest it to its original location within the Hotel Seward. Pap 3 P. This request for a Conditional use Permit is for Hotel Seward. The property was developed and building design eomplcted over 20 years ago Inoue is no structural or additional building being built at this time. The only changing will be in the interior and they an cosmetic I have au ched is a lintel site plan and an overall design plait for the lounge 30 r. (ding elevation plans and a site plan, drawn to scale. Tom sire plan Should include; al property dimensions; bl location and dimensions of existing and Planned buildings; of parking configuration; d1 driveways/access; of natural features; and fl other Pertinent infnrme mn i hereby certify than the above statements and other information submitted are true and accurate to the bear of my knowledge, and that 1, as applicant, have the following legal interest in the property: 114 owner of record; I I Lessee: 1 I Contract Purchaser; 1 1 Authorized to act for a Person who has the following lapel interest: I also understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks in advance of the next regularly scheduled Planning and Zoning Commission meetinq held the first Wednesday of each month. Applicant's Signature: Property Owner's Signature -R.:E. U Enclosed: Fee: $250 1 Site Plan Elevation Plans 1 1 Location Map 1 1 Other 1 OIvalMn 11199 �� 3of3 32 Qetw'1 :I'uue. .newt .+zu•uxn mae pwmnmsea zrr. ernuea u, tic a u� .t ryxa::rpmtao _._...t...,r __�.L 0..1'l. o....,..ux'Jfm.:.:l it I I Ill:.:.... ...,,,.., unci e. ,, .e•:, {,.tr,r:I t 1Ilf If, <ur. t he Jemavt ha t vcn (milt t onnuud'or{unt b hutµ ouu.r It,) flf •...auu... I... ......I Lifile JWfe Well tie a cµute pku:e, wait ctpfW1 unv.wt<p IN seab..It :...: pair - ::: t _. c: :i:I P.. n44, 0 ,,.. . ,..,, ., . ",t ' at.: rt . rioar:. SuGtzdaft and Saetdau /Euetudau mFtett the eetuutt djetato i and speeLd of, aeian>, yaa udEt Ge nLie utnatev Inutn. I ea, M ijene e ,erred d«..,.,a .I a.I,..a, Lr await«: & „ :.x,c', .s.r. St aoan t:,ff+tait:. L eteao nn t6e (uff ,heft. f if eh . Vlne. maxnt noilleolvae dzoeua and pus are the µ?ere Nee pntivau of (iene'n etef aut curd yerte'3 Jt tic me cm me ptdce to qn <itl $�ewvnq, Me rr ....... ... uu .. 4 ,...:.._ f t rl.A., lail" )ff I(Jeff Lf aMikion u_. Sauatut and tw�ita often. 1110 []eR 1JVZ'4f a tJ q{9lY UWa. �r3 \\... \/orm P&Z Agenda Statement Meeting Dew: Peltmary 19,2008 Though: Phillipcks, CChy Manager ' Bob Hicks, (ummurdry gevelopme�u�r�Dirocmr From: Donna Clem, Planning Assistant 411 Agenda Than: lieclum by Spring Creek Cu¢xfio'nall Center fir a Six Murals Extension of Conditional Use Permit 2007-W HACKUROUND & 3USTIFICATION, On )anuwy 17, 2008. Spring Creek Correctional Center (SCCC) submitted a reµaest for a time theensinnofCondiavera Use Per SCCC]-W. oconshuertfw anextea20-be ssubminedpriorm housing unit nthepmnit. The SCCC plaitmennstmm and olsemtca20-bedminimum secwity housing writ on the current madmwn sccwity prison site have wr chmged. Seward City Code § 15.10.320.O(I) stipulates an approved! Conditional Use Permit lapses six (6) months aftes approval J no building permit is pwcwed or Y the allowed use is not initiated - Conditional Use Permit 2007.Oe, issued to SCCC lapses Febmary 2 k which is sin (6) months after the original Conditional Ilse Peron was gren[ed. Seward City Code § 15.10.320A(2) spaces. the Commission may gam fime extensions not lectured sic (6) months each upon a finding Not eircumatavas have not changed sufficiently ru warrant a reconsidemtionofNc approval ofthe CUP. SCCChassta in Newmrenexleruiuom' strltatno changes have occurred or are planned. Construction plans are he* to be completed and w1unined to the City Cw a building permit within 0re next six months. CONSISTENCY CDECK1,LST1.. Yes No Seward 2020 Comprehensive Plan X The Comprehensive Plan states "Confine in advocate dre Deparrinent of Conventions and Alaska State Legislature in expend 0re Spring Crack Correcfropal Center (SCCC)." (3.1.2.1) (page 19). Sarat 'e Phn'e Phn (1999) A expand tnc Spring Creek Corchciotabbythe."page 6) ofCorrtr;tivat and Ne sate legislature m expend Nc bPrinB Cr«kk Corte ticval Center." (page fi) RECOMMENDATION: ShffreconmeMsapprvval of Reaojpajpp20U8A2 granting Spring Crack Corroctionad Centers. six month extension toConditional Use Permit 2007-W. SPonsond by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2W"Z A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A SIX MONTH EXTENSION TO CONDITIONAL USE PERMIT NO. 2W7- 84, ISSUED TO SPRING CREEK CORRECTIONAL CENTER (SCCC) TO CONSTRUCT AND OPERATE AN ADDITIONAL 2DBED MINIMUM SECURITV HOUSING UNIT ON THE. CURRENT SCCC MAXIMUM SECURITY PRISON SITE, WITHIN THE INSTITUTIONAL Z/INING DISTRICT WHEREAS, on August 7, 2W7 the Planning and Zoning Commission approved Resolution 2W7-14 granting a Conditional Use Permit (CUP) to Suring Creek Correctional Cener rot construct and operate an additional 20.1ed minimum security housing unit on the current SCCC site, witida the lrommtiowl Zamng District; teal WHEREAS, the Se Zoning Code (SCC) §I5.10.320.O(I) stipulates an approved CUP lapses ra (6) months alter approval if w building pewit is procured or if the allowed use is not initiated; and WHEREAS, (SCC) §15.10320.0(2) slates the Commission may grant time extensions not to exa six (6) momhs each upon a firsfing Sun have not chavgW sufficiently to warrmt a recwsidemtion ofthe approval of the CUP; and WHEREAS, On January 17, 2WR, Spring Creek Comotietal Center guested a six munW exteraion of CUP 2W7-04, staling witldn Ne myuesl that had been no chaagcs to the original plw. NOW, THEREFORE, BE IT RESOLVED by We Seward Planning and Zoning Commission that: �ieft. Cimumstances have not chanoed sufficiently to warrant reconsideration of the Conditional Use Permit issued to Spring Creek Cmrntiowl Center on August ], 2W8 to develop a20-bed minimum security housing unit. Section 2. Condilioo l Use Formal nanber 2W7-04, issued to Spring Creek Conetional Center on August ], 2W'/ is hereby extended until Autoon 5, 2W8. 'sedum 3. '11us resolution shall rose etTt immediately upon its adoption. �)u Sewanl Planning and Zoning Commission Resolution 2008-N Page 2 of 2 PASSED AND APPROVED by the Seward Pluming and Inning Commission this W day of Fehmaty 2008. AYES: NOES: ARSF.NT: AMSTAM: VACANT: Two A EST: lean Ua s, CMC City Clerk (City Sea]) ZJ' THE CITY OF SFWARD Manama Keil, Chair STATE OF ALASKA DEPARTMENT OF CORRECTIONS (:ENTER City of Seward Bob Hicks Community Development Director Community Development Office P.O. Box 167 Seward, Alaska 99584 ERANRH. MURH01110500, GOVERNOR /GDanx zf�exe PHONE' reon zzaazoo Re -Request for Extension of Conditional Use Permit No 2W7-(w1 Spring Creek Correctional Center respectfully asks for a Fmonth extension to Conditional Use Permit No 20074t4 to construct and operate an additional 20-bed minimum security housing unit on the current Spring Creek Correctional Center Maximum Security Prison site. We have not been able to get engineered plans from the OepaNneM of Corrections to submit to the Community Development Office and the Planning & Engineering office for a building Permit. We hope to have the engineered plans within the next &mama to submit for a building pemlit. No circumstances have charged nor have any changes taken place V4th the original Conditional Use Permit application. Thank you for your attention to thl6 matter and we hope to hear favorably from you. Sincerely, RECEIVED Crag Turnbull JAH 177008 Superintendent Per PAGE ............. _. OE._ �Ot Sponsored by Applicant CUFF OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION REbOLUTION2009-14 A RFSOTUMON BY = SEWARD PLANNING AND MORN, G. COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PF,RNIIT TO SPRING CREEK CORRECTION -AL CENTER (SCCC) TO CONSTRUCT AND OPERATE AN ADDITIONAL 20-BED NHNIMIIM SECURITY HOUSING I1NTI ON THE CURRENT SCCC MAXIMUM SECURITY PRISON SUIT, WITS THE: LNSTTTUTIONAL ZONING DISTRICT WHEREAS, Spring Creek Correcfional Cwtra (SCCC) has applied for a conditional me permit from the Seward Phinaing and ZAuing Commission In w¢svuct said operate an atldidoml 20-bed minimum security housing unit; and WHEREAS, according to the Seward City Cade, Land Uses Allowed Table 15,20225, facilities such as plc planned wrrecnowVpriwn development are allmwN in pm holun onn Zoning District as a conditionally perrnihod use; and - WHEREAS, the 20-bed housing unit is an addition m the current mavwwn security prison; and WHEREAS, Nis housing unitwill be wmpri9ed of one (1) single story (20-bed) housing unit contained onion security fencing; and WHEREAS, having complied will We panic notification process, w August 9, 2M7, the Seward Planning and Zoning Commission held the required public hearing on the Comtifiunal Use Permit appliomlon. NOW, 'THEREFORE BE IT RESOLVED by the Seward Planning and Zoning Comrwesron tat Seetlon L Awarding m SCC 15.10320D., the Commission shall establish a findhry that the use satisfies We fallowing conditions prior to granting n conditional hse permit A. The we ie conshranu with the purpose of /Lh chapter (the Seward Zoning Code) and the pwFuses ofthe caning duMet Finding: This finding hot ben met. 'Ihe property is currently rnned institutional (INS). The Imdintieml Zoning district provides on area for public and private adnwusnafive and government must (SCC 15.05f25. (b) (11). Operating a correctional facility is consistent with the planned uses in the lnstinvin a A Loring District, Seward Planning and Zoning Commission Resolution 2W7-14 Page 2 of B. The setae ofmjxshmg property will not be sJgn�tIcamly impaired Finding: This finding has barn not, The roam maximum security facility of Spring Creek Corractlooal Center is landed on an approximately 262 sour parcel of land, known as SCCC, Tract A. This large parcel is IocdW on ibe East side of Aesmrectum Bay Northeast of the Seward Mania Industrial Center. The pmposx120-bed minimum security housing unit will be located Just 10 the Fat of the current maximum Worry facility within exposure security fencing. There ism indication that the proposed facility would negatively impair the value ofadjouldrg property. C. The proposal melee m harmony whh the Seward Cmprebemive isfn Finding: This finding bass been met The Spring Creek Crsrxvand Cenrr is M harmony with the Sewad 2020 Comprehensive Plan (eppmvul by Council, 2005) and Strategic Plan (19W) in that both plans automatic growth and expansion ofthee facility. Seward M20 Comprehensive Plm The Comprehensive Plan states "Continue to advocate the Department of Corrections mad Alaska Stain Legislature to expand the Spring Creek Correctional Center (SCCC)." (3.1.2.1) (page 19). straPun IM) The Stmtevc Plan sites -Continue to lobby the Bepmmard of Corrections and the stun 1cpsiamre to expand the Sprang Crock Covectioual Center.' (page 6) D. Puhiic Servker and) tidier are adequate to serve the Proposed ate Finding: flus finding bas been me, Spring Creak Conectioned Center is a Inge developed facility with adequate ivfrastructuce. The requirc-0 public services and infrastructures for the aciditiuml lousing uult have been reviewed and Wood upo , by both City sniff and SCCC staff E. Theproposed use will notbe ha Jl to Mepubf safety, health or aself re. Finding: This fording hoe hen men. The current SCCC facility has operated safely firs over 15 years. There is no reason to befievc that the additional 20-bed and would change the safe operation of the existing facility. F. Any and all .rpecy conditions deemed necessary by Me oomm ensho to futrdl the ubove-menlianed conditions shall be met by Me applicant These may include bat are not fleshed to mememea reladse M access, screening, Me development, buJding design, operation ofMe ace and other sbni/ar aspects refined Me propwed use. 1. Modifications n line site plan dated Juve 7, 2W7 which was approved by the Commission as a supporting document for this Conditions! Use Permit shall be Waroved by steffor the Commission prior to implementation 1-I0 Seward Plataung and Zoning Commission Resolution 2007-14 Page3 of 2. Modification To the final approval of this conditional use count may, upon application by the pemtitee, be modified by the Planning and Zoe Conmussion: A When changed conditions cause We conditional use to no longo conform in the standards for its approval. D. 'I o implement a Micrem development plan contouring to Um stanmds for its approval. C. The modification plan shall be subject to a public bearing end a fling lee set by City Cowuil Resolution Section 2. The Planning and Zang Commission finds that the proposed use, subject to be above conditions, satisfes the criteria fur granting a conditional use lwruut provided the conditions listed on Section L Subsection F art met by the applicant, and authorizes the ativuristralion to issue a conditional use pemut to the Spring Creek Correction Center to allow the ennemnmion and operation of an additional 20-Dad minumi security, housing main. Section 3. The Planting nd Zoning Commission finds that adhereacc to due conditions of this permit is Continuant in manufacturing the intent of Seward City Code Section 15.10.320, Conditional Use Permits, and authi the administration to issue a conditional use permit. Additionally, this administration shall periodically confirm the use euWbnn to the standards of it approval. Section4. Flats insulation shkl take effect 10 days fulluwutg its adoption. PASSED tssD APPROVED by Ne Seward Planing and Zoraing Commission This to day of August 2007. THE CITY OF SEWARD wa Kcil, A W.S: Clark, Hicks, SmiN, Roach', Andenea Ked NOES: None ADSENI': None ABSTAIN: None AITEST: VACANT: One PO'q`y�:9p Q„ Jett;ppCewis}CMO Gtq Clerk (City Seal) LII �Myn rtOn:, 2007-001125-0 Recording Dist 314-Seward 8/21/2007 1'.47 PM Pages of 2 SEWARD PLANNING & ZONING COMMISSION CONIIITIONAL USE PERMIT NO.2009-04 ISSUED TO. Spring Crock Correctional Center Mile 5 Nash Rood P-O-Box 2109 Seward, AK 99664 hicFECTIVE DATE August 17, 2007 LOCATION: Spring Creek Correctional Lasi Tract A This Conditional Ilse Pei is granted by the Sword Planting and Lorwsg Commission to Due Spring Creek Conectio¢al Center to construct and opera a an additional 20-hedmivimum security housing unit onthe cursent Spring Creek Correcfieval Center Maximum Su nchy Prison sim,in the Institutional (INS) Coning District subject m the following conditions: 1. Modification to the site plan dated Sane 9, 2009 which was approved by the Commission as a supporting document for this Conditional Use Permit shall be approved by staff no the( mmissioa prier to Implementation 2 Modifirabon to the final approval of a uonditiongl nee Recent may, upon application by the pemine, he modified by the Planning and Zoning Commission: A, When changed conditions cause the conditional use Rench to no longer crnddm to the standards fur its approval. A. To implemeal a different develnpmmt plan conformig In the standards for its approval. C The modification plan shall he subject to a public heating and a fling tee set by City Council Resolution. An approval unagi loon) nee permit lapses su (6) months after approval if no building permit is procured ur if the allowed ase is not initiated. the Seward Planning and Lading Commission may grant time extensions not to exceed (6) months each upon a fnsEgg that ovcumsmnees have got changed sofficiently on wartant reconsideration of the approval of the conditional use perarit A regyest for an extension must hh submitted prior by the expiation of the Remit A public boating L+�2_ Conditional Use Permit idid Page 2 shall not be required prior to gaming au extension offlme (SW 1510.320 U). Failure to adhere to all the conditions of Pits permit may result in revocation of the permit and pn.csible civil and criminal penalties. PASSED AND APPROVED by Seward Plamung and Zmtirg Comuission Resolution ti ?�. RER'RN TO: Pluming office Cii P.O. Bin 167 Sewanl, AA "664 UIE C)C)FA OF SEWARD, ALASKA DYEY� Doma Glom Acting Plainer IiIfIIIiIIIIIJJIIIIIIIIIIIIIdII 01 , 200]40„25.p Car f&war4 almL, PtonntnR e'w,masiw, Minutes nacim a 4, ]00] Vu amv6, Pge 236 Call to order The December 4, 2007 Re -Scheduled Regular Mce ing of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Vice Chair Knvin Clink. Opening Ceremony CAmnissionar Reach' led the Pledge of Allegiance to the ➢ag. Roll Call There were present Kevin Clink presiding, and Sue McClure Sandie Roach' Margaret Anderson comprising a quorum of me Commission; aml Donna Glem, Planning Assistant Anne Raney, Executive Liaison Absentwas: Mariann Keil-Excused Bob ticks -Excused City Administration Report Planning Assistant, Donna Glee updated the Commission of the following business items: • Commissioner Bob flicks was hired to NII the new Community Development Director position, Hicks was scheduled to begin January 9, 2008 • Interviews for the Harbor Minter were scheduled begin this week. • Idimmd Days ZWS celebration was scheduled for February and a lay down had been provided! with anniversary colobration hd'ormatiou His New Years live ➢all preparation was occuning and due to costs and trainmen • tircwaks would not base place. • The January PAZ meeting was scheduled for Thursday, January 3, 2008 rather than Tuesnlay due in the New Years Holiday. • Wished the Commissioners a Happy Holiday. In response to Roach', Glens anted there were no new reports for interpmmtion and abatement. cis,, ws w,,.d Almkn Planning e'ommu+um wastes fbremler 4 2007 Kdme 6 Poor 237 Other Reports, Announcement & Presentations -Nome. Chiscue' Comments an any subject except those items scheduled for Public Hearing - None Approval of Agenda and Commit Agenda- Motion(AndersoolMeClure) Approve the Agenda and the Consent Agenda Motion Passed Unanimous Consent The following items were approved under the Consent Agenda: November 20, 2007 Re -Scheduled Meeting Minutes Usunda died Rosiness Items requiring a Public Hearing - None New Business Items requiring a Public Hearing RESOLUTION 2007-20 OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASRA, GRANTING A CONDITIONAL USE PERMIT TO THE CITY OF SEWARD TO CONSTRUCT AND MANAGE THE OPERATION OF THE LONG TERM CARE FACILITY ON TRACT O, SEWARD LONE: TERM CARE FACILITY SUBDIVISION, I! SS. Ukul (PRELIMINARY PLAT), WITHIN THE INSTITUTIONAL ZONING DISTRICT Clark reviewed the Council Rules of Pracedsue for Public Hearings. Gleuz arviewcd the details of Resolution 2007-20. She street on November 13, 2007 a puhlie Work Session was beld to review the site plan And design layout of the proposed Long Term Care Facility. Glem: explained the mcltilena amended the landscape plan to include additional mrceniug due to the Commissions request. She sated the public hearing requirements had been met. Staff supported the Conditional Use Permit and recommended the approval of Rcw hitimn 207-20. Notice of public hearing being posted and published as rean irel by law was noted and the public hearing was opened. .louathan Sewall 2403 Dimond BoWevard, stated he supported the Fneenleouse concept but it was not fight for "a situation. He referred to page 5 seedim E of the packet, He quoted the statement in regards To'Extensive pluming and study had gorse into the planned wffie roars.. " and stated that evideme did not supporl the statement. LIb Cay,,Oaved Alaska Plammy Commtrr, on Mama Oeevm6v4, 2001 VIXume6 Page 2 3 8 Carol Griswold Inside City Limits, discussed her mncem that children might k dropped off in the eW-& sac near the lxmg Tenn Care Facility and the possibility of trek issues m Me morning and attemwn. Griswold noted she had spoken wiW Kevin Lyons, Kenai Peninsula Borough properly management, about incorporating a mail that might run parallel M the facility and encouraged something that was unveniem, mart injunctive on the school side. She encouraged that vehicles be gradualist and Me use of slgnege. She asked about the emergency access and how it connected to the cul-de-aac, discussed snow storage. She thanked Me Commission for their had work. No one else requested to be heard and the public hearing was closed. Motion (Anderson Bosch') Approve Resolution 2007-20 lot response to Anderson, Glenz sated that the electric notifies were to be underground and that she did repwsent Me City. In Mother response to Andorran, Glenz stated the parcel which contained thee facility wen g acres; she suacd the 9.1 acre mf nce m Me Council Resolution included the from Oak Street Enension right-of-way. In response to Anderson, Glenz stated each individual housing unit provided a handicap parking space and that visitor parking was to be provided with access to me individual houses. Roeoh' commended Me architects for the including Me additional screcaing. She thanked Glenn for including this in the Conditional Use Permit and shaped that It was Me Commissions job to der everything they could to protect Me children. She referred to page 5 section F and stated there and been a study but not a finding about Me rumored impact traffic would have on the surrounding area She asked Glon for clarification. Glen7 replied there had not been an official study but m unofficial study, which considered a two -car Mmily for the surrounding area and Me possible development and cars of the area to Me North. She stater Mere bad loom three work sessions with this information provided to the public however she did not have Me exact count information with hen. Reach' discussed removing Me extensive planning and sandy statement on page 5 section F- Motion(Roach'/Anderson) Amend Resolution 2007-20, Section F. Delete the fifth sentence `p nsive planning and study lime gone into the planned rral�c rower to and from the J chay and it is bedieaed that the LTCF will have assistant e B- instanter to the sarroanding neightwrhoW and replace with: `T fc instance M roe sarroandmg 1ILP CrydJ wg aloka F(unnmle Camnusl" Mbwes De,o,A 4207.VaNne6. Page 239 m4ghbarhodd has been studied but ke nnhnonm at this dmks" Monson Passed Unanimous In response to Anderson. Glenz Must two additional residencies had been discussed for future dwelopment. She also stated there was rest mom for a future hospid on the site. Clark stated that there was a oak that the cul-de-sac could hewme a safety concern and he discussed the possible risks. In response to Clark, Glen7 stated the ski trail was to be preserved and that she was not fun less with how muds see bmrer was between the and and Ne cul-de-sac. She surd she would discuss this with the architect and encourage them develop some type of harrier is the area ofconcem. The Commission expressed then concerns that children being dropped elfin the curie -sac might become a problem and discussed creatlng a rendition that would require some sort of physical barrier be placed in the area of concern. The Commission suspended the rules to All the public to spends. Griswold suggested a 5 mph sped limit near the LTCF and have a guardrail placed in the area of concern. She stated there was a level area next to the fence that would encourage children to walk next to the fence and hatted Nat screening wee important She suggested that a break be placed in the guandrail at the north end of the school property which would provide easy access to the sidewalk. Roach' clad ied that the school district owned the fence that was currently in place. Reach' stated that she did like, the 5 mph requirement ht response to Roach', Glenn surd that she did not know if there were sped limit requirements; in puking lots. She cautioned that this would be a one-way traffic as and one-way traffic out private driveway/ pmking lot. Clark stated that he wa okay whh thepuhlic use idea but was concerned with the volume of traffic in the morning and afternoon. In response to Ciuk, Glen slated that Thom was not a way N counter a speed limit since it was private property. McClure stated that she did not see due magnitude ofthis problem. Anderson swcd this would he a Seward public facility ad that the city would be able to cove: up with bralfic restrictions and address the problem and issues should any become apparent. y1 Od, OfSewm4 Aka" Pluming fiunmvvean Mfnuhs Ileclm5e14, 2W7 vohine6Pace 240 Clark clarified that Mdessim suggest that there wan no need to place any rcslnctions at this time. Anderson asked what could he done in mi a ds to sexual predators. Roachreplied thaz there were awn sexual predators at the facility. She call that the Smre Of Alaska did not have any restrictions on where sexual predaore could live but said that the Commission could let be public know and that screening would be placed around me facility. In response to Anderson, Roach' stated the information was online and the State of Abodes did not have a procedure in place to notify the public She added that the two sex offenders at the lung term care facility were listed as residents mere. Roach' wanll to have this as a public record "one or the residence fell into non-compliance and me Wadley administration was responsible for keeping these folks in compliance and she wanted the public to be awam and help keep things in compliance" Clark stated that as a licensed red esmm agent they were required to have the buyer and sailer fill out forms notifying Nam that the sexual predator aide existed and conformal that It was an individual's responsibility m check it can. Anderson stated that she would like to vote. Roach' and Clark stated that they were working an a condition but it was too vague. Glenz stall that she would work with the architect regarding the Commissions concerns and see if the architect could make it inconvenient for kids to he dropped off at the cul-de-sac. Roach' stated that she was okay with that. Clark concurred tha he was okay that the uncovers addressed this legitimate concern. Glenz assured the Commission that the concerns would he addressed in the minutes and would be forwarded to the architect and.nhe would present the concerns to the City Manager and ahe would contact the architect personally to alleviate their concerns. Roach addrossed the issue of snow storage near the emergency access and faked to suspend the rates to clarify what the conflict was. The Cnmmixninn suspended the roll to allow the public W speak Griswold referred to the maps and nand than she did not understand how this would work. Glenz replied the emergency access was designenl ac another access into the facility if the main road was blocked or it was needed during an emergency. y8 [ 10 eScs Nd Alu,ka Plenn ng Cooun,, n Mmmes Oeeemh. a, 2009 Ydaae 4]'We 241 vote on Main Motion Motion Passed Unanimous llnfmiehed Baines —None New Business— Approve 2008 Planning and Zoning mandate schedule and public hearing cm, off duties Glows revievxd the :¢gala scheduled Planning & Zoning meetings and the scheduled special meetings/work sessions and referencod the known coMiels. She stated staff recommended the Commission review and approve by motion the 2008 Planning & Zoning meeting schedule and public hearing out off dae. Madon(MCClure/Anderson) Approve 2008 Planning and Zoning meeting aebelook and public bearing cut- off dates. Motion Passed ❑renimoua Consent Choose a topic or cancel the December 18, 2007 work session Gleriz staled there had not been a public hearing item submitted for the December 18. 2007 work session or meeting. She stated the date would he a work session and due to the holidays staff recommended the Commission cancel the work session. She slated if dic Cosrmdssien decided to bold the Work Session a topic would need to be selected. Motion(AndenoneMcClure) Coneol the December I8, 2W5 Work Session Motion Passed Unanimous Consent Informational Items — Reminder or January meeting scheduled on Thursday 1/32008 Commission Comments - MX.lum wis0ed everyone a Happy holiday and mcntiori of the New Years Eve Ball. On, o)sewurd Alta Plowung Cmemusion Mower Dev &r92007 Va me6. Page 242 Andenou congratulated Bailey on her new daughter and thanked her for helping our She hoped the Commission would by to recruit new board members. She discussed political signs and asked m get this beck for discussion in 2008. In response to Anderson. Glem replied that Bob Hicks would begin his new position on January ], 2008 and that his fust duty was to be complete the rule revision and the political shalt topic would be considered during the code revision. Roach' echoed everyone's comments, thanked the public for attending and Clark for acting as the cimh. Clark encouraged tilling the two planning and Zoning vacancies and announced that the Prod S, mzt Bomd had a city represent firm vmancy. He whined everyone a Mcrry Christmas and asked what the Community Development Hummorrespomibilifies would be. Glenz replied itwas her umientnndvy; the fi.t project was b f mush the rude revisions, then project management and many other areas as directed by the City Manger. She salted the punter would still be in charge of the planning area end her position was considered an executive assistant. Citizens' Comments —None Commissions and Administration Response es Cltlmns' Comments —None Adjournment Meeting adjourned at 8:37 p.m. Anne Baileg Kevin Clark Executive Larson VIeCCh®r gsty Send 50 MEMORANDUM City of Seward _ Community Development Date: February 19,2008 To: Planning and rdng Commission Through: Donna Glenr, Planning Assismnt From: Anne Railey, Executive Liaison Subject On the River: A Guide to Owning and Managing Watefrmm Property an the Kerwi Peninsula The Kenai River Center and the Kenai WatmshW Forum have provided copies of On the River AGuide to (Tuning and Managing Ware from Property on the Kenai Peninsula for the PInn eN and Zoning Cofmuisslon and for ibe public. Copes of the book were provided to the Planning and Zoning Commissioner and public copies are available for in the Seward Commro Community Library, the Seward Kenai Peninsula Bough Office, big Se ton ward Beear Creek Woad aervlee Bomvi a8ct rind the Crnnmunity uevcloPmem Office. �1 February 2008 9 M aqm mar T I E 13956I89 W11 19 20 21 215 216 IJ 25 19 20 21 xx J3 29 25 26 E) EB E9 ^°�W I S M T T F 1 2 3 956J5 61° 313213 214 133 I61J 1R 19 EO EIR 23 29 23 26 xJ Jg ID 30 ]I '. 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