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HomeMy WebLinkAbout12162008 Planning & Zoning MinutesC'ilr uf,4ei~~c~rd Aluskcr U~r~mbei~ 16. 2005 l'hrn~~in~~ Conmirssiun ,1~/inaNc~s Pidume G, /'ci,~e 2 9 5 Call to Order fhe December 16, 2008 Special Meeting of the Seward Planning & 7_oning Commissio^ was called to order at 6:30 p.m. by Vice Chair Anderson. Opening Ceremony Vice Chair Anderson led the Pledge of Allegiance to the flag. Roll Call There were present: Margaret Anderson presiding, and Sue McClure Cindy Ecklund Steven Heinrich Sandie Roach' comprising a quorum of the Commission; and Christy Terry, Community Development llirector Anne Bailey, L?xecutive Liaison City Administration Report .~.. Community Development Director Christy Terry updated the Commission of the following business items: ~ The scheduled December Flood Board quarterly meeting was postponed due to the Flood Board attending the Assembly Meeting and rescheduling the meeting would be addressed in agenda item 10 B. • Kenai Peninsula Borough Ordinance 2008-36 placing a moratorium within the Seward Bear Creek Flood Service Arca on development within a Iloodplain was pulled from the assemblies agenda by administration. The City of Seward concerns had been resolved. • The Holiday 'Train brought 440 passengers to Seward and 'T'erry congratulated the Chamber. • Guidian Garcia and Ralph Samuels from Holland America spoke at the Chamber lunch and provided the 2009 Seward schedule. Terry further discussed the cruise ship aflect on Seward. • "The Community Development Department would be closed for a half day on December 24, 2008 and all day on December 25-26. 2008. • Community Development had addressed basic zoning interpretations. • North Forest Acres Road Levee was issued a flood plain permit on November 21, 2008 and are waiting for a driveway permit from the Department of Transportation. Other Reports, Announcements & Presentations -None City of Sex~ard, Alc~skc~ December 16, ?OOA' Planni~ag Commission Minttles L"oknne 6, Pa~~e 2 9 6 Citizens' Comments on any subject except those items scheduled for Public Hearing - None Approval of Agenda and Consent Agenda - Motion (Heinrich/McClure) Approve the Agenda and the Consent Agenda Roach' pulled the October 21, 2008 Special Meeting minutes from the consent agenda. In response to Roach', Terry noted the Disqualilication for k3ias of the Planning Commissioner email could be discussed with the Plamling and 'Coning Rules of Procedure. Motion Passed as Amended Unanimous The following items were approved on the Consent Agenda: Resolution 2008-19 Granting a Third Six Month Extension to Conditional Use Permit No. 2007-03, Issued to Tom & Lori Swann for the Development of an 11-room Hotel at 504 Adams Street Located Within the Central Business Zoning District (CBD) Special Items Election of Chair Election of Chair Motion (McClure/Ecktund) Anderson opened the tloor for Chair nominations. Elect Sandy Roach' as Chair Seeing no further nominations, nominations were closed. Request for Unanimous Consent Motion Passed Unanimous Consent The Commission discussed nominations of the Vice Chair and determined Commissioner Anderson would remain Vice Chair. Unfinished Business Items requiring a Public Hearing -None C'ity' ofS'eroi~ard. Alaska P(nn~ring Contnris.eiun Nlinxles Decenaher 16, NION Vnltimc~ 1, l'uge 2 97 New Business Items requiring a Public Hearing - RESOLUTION 2008-17, Recommending City Council and Kenai Peninsula Borough Approval of the Federal Addition AVTEC Replat, a Resubdivision of Blocks 6 & 15, Federal Addition, Located on the West Side of Second Avenue Between "A" and "C" Streets Terry stated that the Right-of--Way agent, Al Burton, representing AVTEC was called and participated in the conversation telephonically. Notice o1' public 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. Terry reviewed Resolution 2007-17 and outlined the negotiations that were reached with nVTEC. She stated the land exchange would appear before Council on January 12, 2009 and the replat would go before the Borough pending the Commissions decision. Terry explained that at the Borough Planning Commission meeting the reversionary clause was postponed tmtil January 2/i, 2009 due to improper notice. 'Terry concluded that an additional plat note was added noting block 1 SA and the stream running through the property catalogued by the Alaska Department of Fish apd ('game as an anadromous stream. McClure recused herself from the discussion in order to vote at the Kenai Peninsula Borough level. Motion (Heinrich/Roach') Approve Resolution 2008-17 )n response to Ecklund, 'Terry replied that the City asked to put the utility easement on the projected block 1 SA to meet the Electric Department's request. In further response to Ecklund, Terry could not address the negotiations in regards to other State property exchange. Anderson discussed the Commission's recommendation in April 2007 for the City to request other lands in exchange for this transfer and she mentioned her concern for the access to Two Lakes Park and the need for signage. In response to Ecklund, Terry discussed the access to the Park. Heinrich thanked those for putting the information together, noted that the public access to the parks was being preserved and stated he did not have a problem with the agreement. The Commission suspended the rules to allow Kim Mahoney from the Department of Transportation (DOT) to speak. City of Seirurd, .Alaska Plunr~i»s,~ Cornmissioiz wlinules December 16, 2008 Vvlume 1, PuKe 298 Mahoney clarified other properties for exchange had been negotiated with Bob Hicks. She explained egress and ingress to the Park and the access agreement. hi response to Ecklund. Mahoney discussed the land exchange in greater detail and noted that AV"fF.C did not have other property to exchange. She clarified AVTEC was a state owned property. Terry suggested the Commission send comments in regards to the exchange of other pieces of property and staff could draft a letter to he sent to Council. Motion (Roach'/Ecklund) Amend Resolution 2008-17 by changing the current Section 2. to Section 3. and add a new Section 2. Signagc on Second Avenue be placed to identify the Two Lakes Park location and Parks and Recreation Maps should show access to the area. Motion Passed Unanimous Ecklund confirmed that administration would provide a copy of the minutes and prepare a letter regarding the land exchange for Council. Main Motion Passed as Amended Unanimous RESOLUTION 2008-18, Granting a Conditional Use Permit to CIRI Alaska Tourism, Corp. dba Kenai Fjords Tours to Construct and Operate a 16 Room Employee Bunkhouse on Tract A, Clearview Subdivision Number 3, Located West of Alice Street Between Resurrection Boulevard and Phoenix Road within the Auto Commercial 'Coning District Ieinrich disclosed his wife was a CIRI shareholder and there may he a conflict of interest. In response to Terry, leinrich stated this transaction did not pose a direct or indirect substantial financial interest was disclosed on the APOC forms. Terry stated it was up to the ('hair's discretion to decide if it was a direct or indirect substantial financial interest to Commissioner Heinrich. Anderson determined that Heinrich did not have a conflict of interest on this issue. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Cilr nf,Sca-eu•d, ,~lusk° Pkmnin~~ ('omnti.+~.ciun A-Irnutee Dc~rc ether l6, ZOON _ f'o(trme h, Pngc~ 2 9 9 Uoug Capra, inside city limits, discussed bunkhouse encroachment on neighborhoods and ,_ noted his desire to make this a model bunkhouse. lle nosed the need to enforce privacy and mentioned KFT had an employee contract and a resident supervisor for the bunkhouse. Ile discussed the public hearing process and recommended Administration encourage community meetings to streamline the process. Fran Sedlik, inside city limits, testitied about bunkhouses in residential areas. She expressed her concerns about privacy and the quality of life. She continued to mention her bad experiences with bunkhouses. She noted CIRI was following protocol but said there may he an adverse affect from the bunkhouse in a residential area and the Commission should consider the established residents in the City. Dan McDonald, inside city limits, stated he was the General Manager for KFT. He expected the KFT employees to represent the company, noted the KFT housing laws and bunkhouse requirements were strict and mentioned the need for su-nrner housing. fle discussed the bunkhouse location, location of windows and doors and how he wanted the vegetation to remain. No one else requested to be heard and the public hearing was closed. Terry provided an update in regards to the illegal bunkhousc. She noted legal bunkhouses needed to he developed to avoid impacting residential areas. Terry reviewed Resolution 2008-18 and the conditions required for the bunkhouse. In response to Ecklund, Terry stated the main lot had been historically zoned auto comrercial and the three lots to the west were the lots that had recently been rezoned auto commercial. In response to Heinrich, Terry explained the situations where Conditional Use Permits would come back before the Commission or become ineffective. Roach' referenced the auto commercial district delinilion. hi response to Roach'.. Terry stated this bunkhousc would serve the KFT offices and was appropriate for the auto commercial district. In further response to Roach', Terry stated different locations for the building were proposed by the utility managers to help mitigate expenses for the developer bul KFT decided on the particular location. The Commission suspended the rules to allow Dan McDonald to speak. In response to Roach', McDonald explained KFT's decision for the bunkhouse location. In response to Heinrich, McDonald stated the warehouse would remain and the bunkhouse would serve KFT's housing need. McDonald explained why they chose to build a bunkhousc Crty of Seward, Alaska December 16, ZOUH rather than an apartment. Motion (McClure/Heinrich) Planning Comrnrssiun Mimr[es Volume 6. Page 300 Approve Resolution 2008-18 Ecklund noted she'd like this built in another location and suggested it he moved to the southeast corner of the lot. She asked about the drainage problem with the area and commented on the bunkhouse design and mentioned the vegetation buffer. The Commission discussed in great detail the need to retain a vegetation buffer between the project and Resurrection Boulevard. Anderson discussed the parking lot requirements and suggested having a secure area for bikes. Heinrich commented on the bunkhouse development and location and stated it would contribute to the Citys tax base. Anderson spoke in favor of the bunkhouse location. Ecklund suggested making the highway crossing part of the house rules and addressed the notice of the public hearing and the process of holding community meetings. McClure thanked the members of the public for communicating with the owners of the property and stated a quality building would be built and hoped the contract with the residents be enforced. Roach' stated it would be a good asset for the community and discussed the concerns of the community. She reiterated the need for a vegetative barrier. The Commission further discussed a requirement for a vegetative barrier. The Commission suspended the rules to allow Larry Harmon to speak. [n response to Ecklund, Larry discussed the easement, the vegetative barrier and building requirements. fhc Commission further discussed creating an amendment requiring a vegetative barrier and. considered a barrier on Alice Street. Motion (Ecklund/Roach') Amend Resolution 2008-18 by changing Section 1. #6 Condition # 4 to read "During construction, the applicant shall make every effort to retain a natural vegetation greenbelt between the project and Resurrection Boulevard. Upon completion City o~~Sewarcl, Alaska December 1 b, 2008 Motion Passed Main Motion Passed as Amended Planning Commission Minutes Vok~me 6, Pa,Ke 3 O 1 of the project the applicant shall plant an 8 foot vegetative greenbelt barrier." Unanimous Unanimous 'The Commission recessed at 8:15 p.m. and reconvened at 8:20 p.m. Unfinished Business -None New Business - Resolution 2008-20, Adopting the Rules of Procedures for the Planning and Zoning Commission Terry discussed the Disqualification for Bias of the Planning Commissioner and stated she would forward the memo to the City Attorney and the Attorney could contact the Borough Attorney. She stated the Planning and Zoning Rules of Procedure changes made at the last work session were incorporated in the packet. She congratulated and thanked the Commission for their work on this. "1'he Commission further discussed the bias issue of the Planning Commission. Terry restated the changes made at the last work session were incorporated in the packet. Heinrich commented these rules are a guide and not the law. Motion (Heinrich/McClure) Motion Passed Approve Resolution 2008-20 Unanimous Set Joint Flood Board/Commission Work Session for updates to our Flood Plain Management Ordinance Terry suggested holding work session with the Flood Board on January 20, 2009 from 6:30-7: i0 p.m. introducing the proposed flood plain code updates and on January 22, 2008 from 6:30-9:30 p.m. to incorporate comments and suggestions. She clarified this would address SCC 15.25 to the end of the Seward City Code. By general consent, the Commission set a work session to discuss the Flood Plain code changes on January 20, 2009 from 6:30-7:30 p.m. and .lanuary 22, 2009 from 6:30-9:30 p.m. October 21, 2008 Special Meeting Minutes Roach' stated she had pulled the minutes to change Absent was: Sandie Roach' to Excused City of Seward, Alaska December 16, 2008 was: Sandie Roach'. Planning Commission Minutes Volume h, Puxe 3 0 2 Administration stated this change could he done administratively. Motion (Ecklund/McClure) Approve the October 21, 2008 Special Meeting Minutes Motion Passed as Amended Unanimous Consent Informational Items and Reports (N'o action required) -None Commission Comments - Ecklund emphasized making changes to the City Code regarding buffer zones and residential areas and suggested requiring Community Meetings for Conditional Use Permits prior to the public hearing notice. She asked if the City Attorney should comment on the Disqualification for Bias of the Planning Commissioner email. The Commission directed Administration to provide a copy of the Disqualification for Bias of the Planning Commissioner as a matter oP information to the City Attorney. Heinrich commented that he was residing in the City Limits of Seward. He discussed the difficulty of placing requirements on landscaping and how the minutes were handled. McClure welcomed Roach' to the Chairmanship, discussed the Borough regulation of bias and wished everyone a Happy Holiday. Roach' thanked the Commissioners for electing her as Chair. She commented on bunkhouses, the need for housing, and protecting the residents. She wished everyone a Merry Christmas. Anderson commented on the press release from DOT regarding the bridges structural deficiencies and commented that Seward depended on the highway. She congratulated Roach' on becoming Chair and wished everyone a Merry Christmas. Citizens' Comments -Nonc Commissions and Administration Response to Citizens' Comments -Nonc Adjournment Meeting adjourned at 8:46 p.m. . - - ~~'" "Ag ~~, 5:.°+ s r _, ; ,. ~A ~ -, ~ - An e Bailey I~dirgaxet Anderson Executive Liaison a ,~~-; -' Vi~~ Chair w y, w (City Scal) ~ ~~~, ~ ~. ,. e ~~ yin ~g~~sasa~ sn as