HomeMy WebLinkAbout11032010 Planning & Zoning PacketSeward Planning & Zoning Commission
Special Meeting Packet
November 3, 2010 Special Meeting
City Council Chambers Beginning at 7:30 p.m.
Seward Planning & Zoning Commission
Sandie Roach'
Chair
Term Expires 02113
Steven Heinrich
Vice Chair
Term Expires 02111
Frank DeMarco
Commissioner
Term Expires 02112
Tena Morgan
Commissioner
Term Expires 02113
Vacant
Commissioner
Term Expires 02112
Cindy Ecklund
Commissioner
Term Expires 02111
Vacant
Commissioner
Term Expires 02113
Phillip Oates
City Manager
Christy Terry
Community Development
Director
Donna Glenz
Associate Planner
Dwayne Atwood
CorWDev. Admin Assistant
1. Call to Order
2. Opening Ceremony
A. Pledge of Allegiance
3. Roll Call
4. Special Reports & Presentations
A. City Administration Report
B. Other Reports, Announcements & Presentations
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 and Zoning Commission Special Meeting Agenda
November 3, 2010
7.
8.
9.
10.
Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given
the. first opportunity to speak]
A. Unfinished Business Items requiring a Public Hearing — None
B. New Business Items requiring a Public Hearing
1. Resolution 2010-14 of the Seward Planning and Zoning Commission,
granting a variance from Seward City Code 15.10.245(e)(4)(a) Wind
Energy Conversion Systems (WECS), to allow the placement of the
WECS structure within the North and East 1.1 Setback Development
Requirement on Lot 2, Block 1, Leirer Subdivision, 1904 Alameda
Street, within the Industrial Zoning District ................................ Page 3
a. Additional Information, Ordinance 2010-004, SSC § 15.10.245,
WindEnergy Conversion Systems ............................................... Page 33
b. Additional Information, Ordinance 2010-005, SSC § 15.10.140,
Accessory Buildings on Adjacent Lots ......................................... Page 41
Unfinished Business —None
New Business —
A. Approve the 2011 Planning and Zoning meeting schedule .................... Page 43
B. September 7, 2010 Regular Meeting Minutes ......................................... Page 46
Informational Items and Reports (No action required) -
A. Kenai Peninsula Borough Mayor Letter Regarding Seward Summit.. Page 53
B. Proposed Training by the Alaska Department of Commerce,
Communityand Economic Development ................................................ Page 54
C. National Flood Insurance Program Community Rating System
Increaseto a Class 7................................................................................... Page 58
D. Nonconforming Use Certification, Lots 17 through 19, Original
Townsiteof Seward.................................................................................... Page 62
Commission Comments
Citizens' Comments [Limit to S minutes per individual — Each individual has one opportunity to speak]
Commissions and Administration Response to Citizens' Comments
Adjournment
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Sponsored by: Staff
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2010-14
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, GRANTING A VARIANCE FROM SEWARD CITY CODE
15.10.245(e)(4)(a) WIND ENERGY CONVERSION SYSTEMS (WECS), TO
ALLOW THE PLACEMENT OF THE WECS STRUCTURE WITHIN THE
NORTH AND EAST 1.1 SETBACK DEVELOPMENT REQUIREMENT ON
LOT 2, BLOCK 1, LEIRER INDUSTRIAL SUBDIVISION, 1904 ALAMEDA
STREET, WITHIN THE INDUSTRIAL ZONING DISTRICT
WHEREAS, STG, Inc, representing Alaska Institution of Technology (AVTEC) has applied to
the Seward Planning and Zoning Commission for a zoning variance from Seward City Code
(SCC)§15.10.245(e)(4)(a) Wind Energy Conversion Systems (WECS), to allow the placement of a
WECS structure within the North and East 1.1 setback development requirement; and
WHEREAS, the applicant leases Lot 2, Block 1, Leirer Industrial Subdivision along with
several adjacent lots to the North and one to the West across Alameda Street; and
WHEREAS, the City recently adopted Ordinance 2010-004 which established the zoning and
development requirements for WECS within the City; and
WHEREAS, SCC § I 5.10.245(e)(4)(a) requires a 1.1 setback ratio based on the height of the
WECS being installed; and
WHEREAS, the applicant has noted the proposed WECS is approximately 133 feet in height
and requires 146.3 feet of setback from all property lines; and
WHEREAS, the selected location for the WECS on Lot 2, Block 1 Leirer Industrial Subdivision
provides a minimum of 146.3 feet to the West; a minimum 146.3 feet to the South; approximately
112.01 feet to the East; and approximately 54.10 to the North; and
WHEREAS, as required by Seward City Code § 15.01.040, Public Hearings, property owners
and lease holders within 300 feet of the requested variance parcel were notified of the proposed action,
and the property was posted with public notice signage.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission
that:
Section 1. According to SCC§ 15.10.325.13, the Commission shall establish a finding that all of
the following conditions have been found to exist prior to issuing a variance permit:
M
Seward Planning and Zoning Commission
Resolution 2010-14
Page 2 of 5
1. The proposed action must be consistent with all of the general conditions required for a
conditional use permit. The project is consistent with all of the conditional use permit requirements
as follows:
A. The use is consistent with the purpose of this chapter and the purposes of the zoning
district.
Finding: This condition has been met.
The purpose of the Zoning Code is to promote public health, safety and general welfare
by providing for planning and land use regulations within the city. The parcel is located
within the Industrial Zoning District. According to the Zoning Code, Land Uses
Allowed Table, Wind Energy Conversion Systems (WECS) are allowed as outright uses
within the Industrial Zoning District. Recently adopted Seward City Code
15.10.245.WECS entails specific development requirements for each system.
B. The value of adjoining property will not be significantly impaired
Finding: There is no indication that the proposed WECS would significantly
impair the value of adjoining properties. The majority of the parcels within the Leirer
Industrial Subdivision are large lots generally larger than one acre in size. The applicant
holds a long term lease on the two parcels adjacent to North and owns the third parcel.
The applicant also holds a long term lease on the parcel to the West located across
Alameda Street. The parcel to the South is currently un-leased and owned by Leirer
Enterprises, LLC. The Alaska Railroad owns the 350 acre parcel adjacent to the East.
SCC§15.10.140(b) allows the placement of the accessory structure and use on an
adjacent parcel to the primary structure and use. The primary structure and use is
located on the parcel to the North known as Lot 1, Block 1 Leirer Industrial Subdivision
and contains the AVTEC Industrial Electricity Training Center.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This condition has been met.
The 2020 Comprehensive Plan supports and encourages development of the area around
the AVTEC industrial trades campus. Supports public institutions in their effort to
maintain, expand and develop. Support efforts to continuously improve the quality of
educational facilities and services.
D. Public Services and facilities are adequate to serve the proposed site.
Finding: This condition has been met.
Adequate water, sewer, and power are available to the property, as well as adequate
police, fire and solid waste disposal services. However the enjoyment of this variance
would not require any change or increase to the use of public water, sewer or power
utilities. The electric department has stated underground electric utilities are planned for
the existing 10 foot West utility easement and both the land owner and the lease holder
have signed a restricted use letter which addresses future overhead electric and/or
0
Seward Planning and Zoning Commission
Resolution 2010-14
Page 3 of 5
communication restrictions. At the time of this publication the public works director
had not responded with any concerns for the water, sewer or public streets department,
however no concerns were expressed during the City Project Meetings.
E. The proposed use will not be harmful to the public safety, health or welfare.
Finding: There is no indication that the proposed use of portions of the North and
East 1.1 required setback will be harmful to the public safety, health or welfare. The
parcel to the East is owned by the Alaska Railroad and the portion abutting the
applicants parcel contains undeveloped land, the coal storage pile and the equipment
used to load the coal ships. Fire Chief Dave Squires submitted comments requesting the
Alaska Railroad be made aware of this variance request. The Alaska Railroad has
received the public hearing notice, been contacted by the applicant and has submitted a
letter of non objection to the variance, which has been included with the variance
application. The parcel to the North is leased by the applicant and includes the required
primary structure of AVTEC Industrial Electricity Training Facility. The South corner
of the structure is approximately 125.35 feet from the WECS.
F. Any and all specific conditions deemed necessary by the commission to fulfill the
above -mentioned conditions shall be met by the applicant. These may include but are
not limited to measures relative to access, screening, site development, building
design, operation of the use and other similar aspects to the proposed use.
1. The applicant shall obtain a Seward Building Permit before construction.
2. The applicant shall maintain the WECS structure in good condition and complete
repairs promptly.
3. The applicant shall obtain all necessary Federal, State and local permits required for
the WECS.
2. Special conditions and circumstances exist which are peculiar to the land or structures
involved and which are not applicable to other lands and structures in the same district.
Finding: This condition has been partially met.
The proposed site abuts, to the east, the large 350 acre parcel of the Alaska Railroad Reserve.
SCC§ 15.10.245(e)(4)(a) allows a lesser setback when a property line abuts a lake or pond. Although
the area to the east is not a lake or a pond the area immediately east of the proposed site does contain
undeveloped land and the large coal storage area of the Alaska Railroad. The location of this WECS is
dependent upon the already existing AVTEC Industrial Electricity Training Facility building located on
the adjacent lot to the North. There is no other Industrial Electricity Training Center in Seward or
parcels held by the applicant large enough to meet all setback requirements.
3. The special conditions and circumstances were not caused by actions of the applicant.
5
Seward Planning and Zoning Commission
Resolution 2010-14
Page 4 of 5
Finding: This condition has been partially met.
The applicant, AVTEC did develop the Industrial Electricity Training Center at the current location
many years ago. This facility has been used in the industrial training program and continues to be a
viable training center. In order to provide the training and education required to meet the demands for
renewable energy the AVTEC training facility is developing the only WECS training facility in the State
of Alaska. Due to the necessity of the proximity to the Industrial Electricity Training Center the
applicant is unable to locate the WECS elsewhere in the City.
4. Financial hardship or inconvenience shall not be a reason for granting a variance.
Finding: This condition has been met.
The reason for granting this variance is to support the development of the AVTEC educational training
facility and the State wide renewable energy uses. This training facility will benefit the community of
Seward and the State by providing the only training facility within the State of Alaska. No financial
gain or loss has been considered in this review.
5. Other nonconforming land uses or structures within the district shall not be considered as
grounds for granting a variance.
Finding: This condition has been met.
No nonconforming structures or uses were considered in this review. No other WECS are currently in
existence within the City.
6. The requested variance is the minimum variance necessary to permit the reasonable use of the
property.
Finding: This condition has been met.
The applicant has located the WECS on the parcel so as to meet the setback requirements of the West
and South property lines and is requesting the minimum variance from only the East and North property
lines.
7. The requested variance will not permit a land use in a district where the use is prohibited
Finding: This condition has been met.
The property is zoned Industrial. The use of the property for the WECS is allowed as an outright use in
the Industrial Zoning District.
Section 2. The Planning and Zoning Commission finds the need for this variance is directly
related to the applicant's Industrial Electricity Training Facility building located on the adjacent lot to
the North, and therefore this variance will terminate upon any termination of the existing lease with the
land owner of either Lot 1 or 2, Block 1 Leirer Industrial Subdivision and the WECS shall be removed
by the lease holder prior to the final termination of the lease.
Section 3. The Planning and Zoning Commission further finds the need for this variance is
directly related to the applicant's WECS training program and therefore this variance shall terminate
11
Seward Planning and Zoning Commission
Resolution 2010-14
Page 5 of 5
upon the closure or nonuse of this WECS as a training program after a period of nonuse for 3 years and
the WECS shall be removed by the applicant.
Sec_ The Planning and Zoning Commission further finds the request meets the review
criteria required for granting a variance, and hereby approves the request for a variance from Seward
City Code (SCC)§ 15.10.245(e)(4)(a) Wind Energy Conservation System, to allow the installation and
use of the 133 foot WECS within the North and East 1.1 setback requirement on Lot 2, Block 1 Leirer
Industrial Subdivision subject to the conditions required in the Sections of this Resolution.
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of
November 2010.
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT: Two
ATTEST:
Jean Lewis, CMC
City Clerk
7
THE CITY OF SEWARD, ALASKA
Sandie Roach', Chair
(City Seal)
P&Z Agenda Statement
Meeting Date: November 3, 2010
Through: Christy Terry, Community Development Director
From: Donna Glenz, Planner
Agenda Item: Resolution 2010-14 granting a variance from Seward City Code
15.10.245(E)(4)(A) Wind Energy Conversion Systems (WECS),
to allow the placement of the WECS Structure within the North
and East 1.1 Setback Development Requirement on Lot 2, Block
1, Leirer Industrial Subdivision, 1904 Alameda Street, Within
the Industrial Zoning District
BACKGROUND & JUSTIFICATION:
Applicant STG, Inc, representing Alaska Institution of Technology (AVTEC) has applied for a
zoning variance from Seward City Code (SCC)§15.10.245(e)(4)(a) Wind Energy Conversion
Systems (WECS), to allow the placement of a WECS structure within the North and East 1.1
setback development requirement.
Over the years AVTEC has established several training facility structures on the five lots they
either own or lease located at the north end of the Leirer Industrial Subdivision. AVTEC owns the
furthest north lot where the auto and diesel training facility is located. AVTEC leases from Leirer
Enterprises, LLC. the next three lots to the South and one to the West across Alameda Street.
AVTEC has established the Industrial Electricity Training Facility structure on Lot 1, Block 1 of
the Leirer Industrial Subdivision and is now developing the WECS in conjunction with that
structure on Lot 2, Block 1. SCC§ 15.10.140(b) allows the placement of the WECS which is an
accessory structure and use on an adjacent parcel to the primary structure and use.
Over the last few years the City has worked to establish development guidelines for the many
types of WECS that are becoming available to the public. Recently the City adopted Ordinance
2010-004 which established the zoning and development requirements for WECS within the City
limits. Within these development requirement, SCC§15.10.245(e)(4)(a) requires a 1.1 setback
ratio based on the height of the WECS being installed. The applicant has noted the proposed
WECS is approximately 133 feet in height and requires 146.3 feet of setback from all property
lines.
The location of the WECS on Lot 2, Block 1 meets the 1.1 setback requirements of 146.3 feet for
the South and West property lines; however it does not meet the requirements on the North
interior lot line or the East property line abutting the Alaska Railroad.
As condition for granting a zoning variance the Commission must find that "Special conditions
and circumstances exist which are peculiar to the land or structures involved". A variance
generally runs with the land and the variance transferring to each new land owner or lease holder.
Planning and Zoning Agenda Statement
Resolution 2010-14
Pasze2of3
Because Lot 2, Block 1 is relatively flat and does not have any special conditions it is
recommended this variance be connected to the use and not to the land. The Commission can
accomplish this by finding the need for this variance specific and connect it directly to the use
related to the applicant's Industrial Electricity Training Facility building located on the adjacent
lot to the North. Staff recommends this variance end upon any final termination of the existing
lease with the land owner of either Lot 1 or 2, Block 1 Leirer Industrial Subdivision, noting that
the WECS must be removed by the lease holder prior to final termination of the lease. Staff also
recommends the required removal of the WECS by AVTEC should the AVTEC training program
fail and/or the use of the WECS as a training center sit inoperative for a period of 3 years.
SURROUNDING LAND USE AND ZONING:
The majority of the parcels within the Leirer Industrial Subdivision are large lots generally larger
than one acre in size. The applicant holds a long term lease on the two parcels adjacent to North
and owns the third parcel. The applicant also holds a long term lease on the parcel to the West
located across Alameda Street. The parcel to the South is currently un-leased and owned by Leirer
Enterprises, LLC. The Alaska Railroad owns the 350 acre parcel adjacent to the East. Steve
Leirer of Leirer Enterprises, LLC verbally supports the variance and has signed the application as
the land owner. The Alaska Railroad has submitted a letter of non objection to the variance
request.
Floodplain status: According to the FEMA Flood Insurance Rate Map, this property is not located
in a special flood hazard area.
Utilities:
Adequate water, sewer, and power are available to the property, as well as adequate police, fire
and solid waste disposal services. However the enjoyment of this variance would not require any
change or increase to the use of public water, sewer or power utilities. The electric department has
stated underground electric utilities are planned for the existing 10 foot West utility easement and
both the land owner and the lease holder have signed a restricted use letter which addresses future
overhead electric and/or communication restrictions. At the time of this publication the Public
Works director had not responded with any concerns for the water, sewer or public streets
department, however no concerns were expressed during the City Project Meetings.
Parking.
The WECS is generally not a manned structure, is considered an accessory structure and does not
require dedicated parking.
Consistency Checklist:
Comprehensive Plan (2020)
Volume I, page 12, Education Bullet 5:
Support the mission and programs of the
workforce, including the Summer Academy.
Volume I, page 18. 3.1.1.2 Bullet 1
Yes No NA
X
Alaska Vocational Technical Center to develop the
E
Planning and Zoning Agenda Statement
Resolution 2010-14
Page 3 of 3
Encourage development of land bordered by the Seward Highway, Port Avenue, the coal pile, and
AVTEC industrial trades campus.
Volume I page 19 3.1.2.1 Bullet 3:
Continue to advocate for the growth of the Alaska Vocational Technical Center (AVTEC)
Stratesic Plan (1999) X
This plan recommends adjusting local development regulations where appropriate to encourage
development that is consistent with the economic base vision (pg 5). The plan supports the
expansion and integration of education programs (page 18).
Property owners within three hundred (300) feet of Lot 2, Block 1, Leirer Industrial Subdivision
were notified of this proposed variance. Public notice signs were posted on the property, and all
other public hearing requirements of Seward City Code § 15.01.040 were complied with.
At the time of publication of this report, staff has received no public comments. If any comments
are received after this publication, they will be presented as a lay down to the Commission and the
public at the November 3, 2010 meeting.
RECOMMENDED CONDITIONS:
1. The applicant shall obtain a Seward Building Permit before construction.
2. The applicant shall maintain the WECS structure in good condition and
complete repairs promptly.
3. The applicant shall obtain all necessary Federal, State and local permits
required for the WECS.
RECOMMENDATION: The Community Development Department staff recommends approval
of Resolution 2010-14 granting a variance from Seward City Code 15.10.245(E)(4)(A) Wind
Energy Conversion Systems (WECS), to allow the placement of the WECS Structure within the
North and East 1.1 Setback Development Requirement on Lot 2, Block 1, Leirer Industrial
Subdivision, 1904 Alameda Street, Within the Industrial Zoning District.
10
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?IMLIUNITY
CITY OF SEWARD
DEVELOPMENT OFFICE
P.O. Box 167 • Seward, Alaska 99664
(907) 224-4048
APPLICATION FOR ZONING VARIANCE
This completed application is to be submitted to the Community Development Department no laterthan
three (3) weeks in advance of the next regularly scheduled Planning & Zoning Commission meeting held
the first Tuesday of each month. The application must be accompanied by the applicable fees
established by city resolution; and if property is already developed, an as -built survey prepared by a
surveyor registered in the State of Alaska; or scaled site plan of undeveloped land which shows: a)
property dimensions; b) location and dimensions of existing and planned buildings; c) parking
configuration; d) driveways/access; e) natural features; f) variance requested; and g) other pertinent
information.
Applicant: STG, Inc.
Address: 11820 S . Gambell St, Anch, AK 99515
Telephone No.: 907 -644 -4 664
Property Owner (if other than applicant): Alaska Institute of Technology (AVTEC)
Address: PO Box 889 Seward,AK 99664 TelephoneNo.: 907-224-3322
Property Address: 4oe444w— Rd. , Seward, AK 996641-otSize:4—�L. acre§cres/SF)
Lot 2 Block 1 Subdivision Leirer Industrial
Tax Parcel No. 14525040
A. Variance Request for: Installation of 133' NW100 Wind Turbine
B. The existing situation Is:_ Requesting variance due to adj acent property
setback requirements
C. Granting -this variance would permit: Permit installation of 133' NW100 wind
turbine
^ A
D. What structures are located on the property? two bldgs . see attached AVTEC site map
E. What is the existing use of the property? Applied Tech. Training Campus
F. What is the proposed use of the property? Applied Tech to include wind -diesel training
G. What is your development time schedule? Oct. - Dec. 2010
Variance Application 3/00
Ili
Page 1 of 3
The Planning & Zoning Commission may only grant a variance if the Commission finds all of the
following conditions are met. Each condition must have a response in as much detail as it takes to
meet the condition. Please use additional paper if there is not enough room here for your response.
Failure to document your case reduces the likelihood of your variance being granted.
The applicant hereby alleges that:
1. The proposed action is consistent with all of the general conditions required for a conditional use
permit as follows:
a. The use is consistent with the purpose of the Zoning Code and the purposes of the zoning
district: Correct
b. The value of the adjoining property will not be significantly impaired: Correct .
c. The proposed use is in harmony with the Seward Comprehensive Plan: Correct .
d. Public services and facilities are adequate to serve the proposed use: Correct.
e. The proposed use will not be harmful to the public safety, health or welfare: Correct .
2. Special conditions and circumstances exist which are peculiar to the land or structures involved and
which are not applicable to other lands and structures In the same district. These special conditions
are:
Proposed site does not meet required setback 133' x 1.1
3. The special conditions and circumstances have not been caused by actions of the applicant in that:
No special conditions or circumstances have been caused by
applicant _
4. Financial hardship or inconvenience shah not be a reason for granting a variance in that:
Financial hardship or inconvenience is not a reason for gran—f-ing
variance.
5. Other nonconforming land use or structures within the district shall not be considered grounds for
granting a variance in that: other nonconf orming land use or structures within
the district shall not be considered group s for gran ing a variance.
6. The variance granted is the minimum variance that will make possible a reasonable use of the land,
buiiding orstructure inthat: the requested minimum variance will make possible a
K e sonable use of the land building or structure.
Variance Application 3/00
12
Page 2 of 3
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4-T-14-2010 12:49p rROM:LFTP9P 9072245965 1-0.,9@72244401
7• Granting the variance will not pttnnit a Use that is not okt,.rwtse parmiitad in the district In which
tNOMP"ROGIAthet;the variance Will not gprmilt a use that is; not athe.:wise
�eztnitCed in C e! e z c n w r .
hereby Certify that sit ataternents and other ;nformi tion 6utunrtWO are trua end accurate to the baCr.
of my knowledge, and that I. as eppilaertt, have the following lapel Interest In the property; _Owns,
of taoord, i Laseee; , Contract purchaser; duly authorlieo to act for s person who hes the
following legal interest: and that the owner of record is knowledgeable of this
app110 1710n if I em not the owner. I undaratand that the verlenca fee Is non-refundable to Cover the
coat aasoclated with proCese; this appliontfon end that It does not assure sporovei of the v nee
Applicant's Signstir� sue' C)W"". 31 griature 'e4L11�to ,
Enc: Fee: $250 1 1 paid Site plan ()q Location Map ()d As built survey i j
Varlerfte AAp4o@Wn 3JUD
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Nile 3 of 8
HATrENBURG DILLEY & LINNELL
Engineering Consultants
ENGINEERING EARTH SCIENCE
• SURVEYING PLANNING
• PROJECT MANAGEMENT ENVIRONMENTAL DATE:
12106110
(007) 504.2120-ANCHORAGE
(D07)7484M30-PALMER V~.HDLALA81MCOIA SCALE:
14
AVTEC WIND TURBINE
FIGURE 2 - SITE PLAN
AVTEC
SEWARD, ALASKA
DRAWN BY: CDB SHEET: 2 OF 2
CHECKED BY: TM JOB NO.: 10-605
GENERAL STRUCTURAL NOTES'
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AVTEC WIND TURBINE INSTALLATION
Document Prepared for the City of Seward
Planning and Zoning Department
10/12/2010
Project Overview
Alaska Vocational Technical Center (AVTEC), in cooperation with the Denali Commission, the Alaska
Energy Authority (AEA), and the Alaska Department of Labor & Workforce Development is developing a
wind energy operator and technician training program in Seward. AVTEC has already purchased a 132'
Northwind 100 wind turbine that is expected to be installed in Seward by the close of this year. AVTEC
has been developing this project for over two years and will begin physical activity with the installation
of the turbine's foundation which is scheduled for this month. The wind turbine will be placed adjacent
to AVTEC's existing diesel generator power plant and will be fully integrated with new state-of-the-art
switchgear installed by the AEA earlier in this year. AVTEC is also working with a Wind Training Advisory
Committee to identify competencies to be included in the wind training and to hire a wind power
instructor who will develop the curriculum and deliver the training to support Alaska communities that
have or are expecting to install wind turbines. There are approximately 20 wind -diesel systems in Alaska
currently in operation or under construction.
To supplement existing AVTEC programs, essential elements of wind power will be integrated into
AVTEC programs such Power Plant Operator and the Industrial Electrical program. The new Wind Power
Technician program will teach operation, integration, safety and maintenance for wind systems in
Alaska. This stand alone course is expected to be offered as early as spring of 2011 and will support the
primary objective of the wind project, to deliver a world class wind -diesel training curriculum that will
prepare students to manage the growing number of these systems across the state.
While the wind industry continues to grow at the fastest pace of any renewable energy technology,
wind -diesel systems where wind energy turbines are utilized on isolated diesel powered grids are
particularly unique to Alaska. As a result, the training program will be of specific relevance to rural
Alaska power system operators and the only training center of its kind in North America.
Project Site Map
The installed turbine is to be located on the southern lot adjacent to AVTEC's industrial electricity
facility. This parcel, along with all others utilized by AVTEC in this locale, is currently leased by AVTEC
from a private landowner. The current lease agreement for these lands will expire in 2020. Both parties
anticipate continuing the lease agreement through an extension after the expiration period.
A site map of the turbine installation is included on the following page.
1 of 16
Sound Level Information
As stipulated in the recently passed City Ordinance regarding wind energy conversion systems
(Ordinance# 2010-004), the installed turbine will meet sound level requirements at the adjacent
property lines. The turbine will be installed in an industrially zoned area and will NOT produce sound
levels at any property line that exceeds 80 db as required in this ordinance.
To support this determination on estimated sound pressure levels, information was provided directly by
the turbine manufacturer, Northern Power Systems, about the sound pressure levels generated during
turbine operation. Detailed information about sound level performance can be found in the attached
document (NW100 Acoustic Noise).
In addition to a review of this report, additional analysis was completed to determine sound level
estimates based on the average wind speeds that are expected at the project site. As sound pressure
levels from the installed wind turbine are a function of wind speed and rotor RPMs, a standard Rayleigh
distribution of wind speeds was generated around the mean wind speed for the project site. This
distribution is noted in the chart below and has been utilized to support a review of expected sound
levels from the installed turbine.
CHART 1: EXPECTED WIND SPEED DISTRIBUTION AND ENERGY PRODUCTION AT AVTEC WIND SITE
1600
-
20,000
1400
K
18,000
16,000
1200
> S
14,000
1000
x f;
L
y xF. 12,000
.....
800
Weibull Wind Distr.
1042 z10,000
ram; =
—o— Energy production
600
8 000
��
,
Yn
�Y k �s t®Ofl
6
400
NS
4,000
ie-
2,000
V
0
5 10
15 20 25
hub height
wind speed (mps)
3of16
17
Based on supplied data from the manufacture and estimated wind conditions at the site, it is expected
that wind conditions are less than or equal to 6 meters/second (approximately 13 mph) approximately
80% of time. Under these conditions, the sound pressure levels from the turbine will not exceed 55 db
at the closest property line which is 115' from the base of the wind tower. Under no wind conditions
would turbine noise exceeded 80 db at this (or other adjoining) property line. Under no wind conditions
would turbine noise exceed 80 db even at the base of the tower.
Sound pressure levels were also an important consideration for AVTEC when selecting a unit to install.
Due to AVTEC's status as an educational facility, it was project requirement to have an installed turbine
that would not produce any noise level that would limit student's abilities to concentrate/focus on
delivered curriculum. Furthermore, and to put sound pressure levels in perspective, preliminary sound
tests were also conducted at the project site to measure the ambient sounds that the AVTEC facility is
subjected to daily. Measured at the project installation site, the Seward Highway (which lies
approximately 500' west from this location) registered a db rating of 68. Measured from the same
location, the Alaska Rail Road coal conveyor while in operation (which lies approximately 350' to the
east of the installation site) registered a db rating of 73.
AVTEC also acknowledges the importance of being a good neighbor to the companies and operations
within proximity to the installation site. While sound levels will not exceed maximum db ratings at
adjacent property lines, the school will be willing to implement measures to curtail turbine noise in the
future if determined to be bothersome by those utilizing adjoining properties.
A chart indicating expected sound levels based on the average wind speeds at the project site can be
found on the following page.
4of16
in
5 of 16
Variance Request
Due to the necessity to have the turbine installed in close proximity to AVTEC's industrial facility and the
relatively small size of the lot the turbine will be installed on, AVTEC is requesting a variance for the
project regarding set back requirements. The recently passed WECS ordinance stipulates that installed
turbines must be setback 1.1 times the tower height from any property or communication/power lines.
The installed turbine will stand at 131', so the set back requirement has been established at 146.3'.
While no overhead lines exist within this boundary and the turbine meets this requirement in regards to
placement from the southern and western property line, the structure will violate this boundary on the
northern (interior) and eastern lot lines. AVTEC is requesting a variance from the city to the turbine's
placement in regards to the northern and % er lot lines. Specific distances from each property line
are noted in the attached site map.
In submitting this request, AVTEC believes the following statements to be true:
1. The intended use of the installed turbine is consistent with the intended purposes for the
property's industrial zoning designation.
2. The value of all adjacent lots will not be impaired due to the completion of this project.
3. Public services and facilities will be adequate to serve the turbine's intended use.
4. The installed turbine will not be harmful to public safety, health, or welfare.
5. AVTEC will be responsible to fulfill any obligations necessary to ensure that these listed
statements are accurate and remain valid over the life of the project.
Due to the limited amount of space at AVTEC's facility and the necessity to have the turbine installed in
proximity to the industrial electricity facility to meet training objectives (the primary benefit/purpose of
the installation), it is not possible to site the turbine in a location that will not violate tower set -back
requirements. It is possible to meet setback requirements to any two lot lines and AVTEC has
determined that the most logical lines to violate would be the interior lot line (separating two parcels
that are controlled by AVTEC under the same lease agreement) and the property line shared with the
Alaska Railroad corporation. Currently more than 100' of the western portion of Alaska Railroad
property bordering AVTEC is undeveloped and unused by the corporation. The railroad has indicated
that they have no plans to develop or utilize this land for any purpose. Furthermore, the Alaska
Railroad has communicated their support of the project and has been made aware of all elements of the
project that may have some impact on their operations.
Pending the review and consideration of AVTEC's variance request for the project, the turbine/tower is
scheduled to be erected at the end of November.
6of16
20
NW100 Acoustic Noise
A03008
7/30/2010
21
Northern
POWER SYSTEMS
Northern Power Systems
29 Pitman Road
Barre,VT 05641 USA
1-877-90-NORTH
www.northernpower.com
Northern
n
POWER SYSTEMS
Approved Use
External Use - No NDA Required X
Internal Use Only
Revision History
Revision
Date
Description of Change
A
6/9/2010
Initial Release
B
6/15/2010
Addition of 8 m/s data, clarification of references.
C
6/29/2010
NDA not required for external use.
D
7/30/2010
Addition of 10 m/s data, minor updates.
A03008 - NW100 Acoustic Noise (2).doc
22
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Northe
POWER SYSTEMS
Contents
1 Introduction and Discussion of Noise Calculations..................................................................................... 4
1.1 Purpose.........................................................................
4
1.2 Introduction.............................................................................................................................................
1.3 Discussion of Noise Calculation.............................................................................. 4
.4
2 Appendix A - Calculated Sound Pressure vs. Radial Distance................................................................... 5
A03008 - NW100 Acoustic Noise (2).doc
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1 Introduction and Discussion of Noise Calculations
1.1 Purpose
The purpose of this document is to characterize the acoustic noise of the NW100 wind turbine based on
third party measurements and a standard formula for projecting sound pressure at a given distance.
1.2 Introduction
When using this projection the following concepts are important background information.
■ Sound power is the amount of sound being produced at a source.
■ Sound pressure is the observed noise level at a given location.
The sound power of a source can be used to calculate the sound pressure at a particular location using a
known relationship.
The measurement of sound power was conducted by a third party (DNV-GEC) and is based on data from
turbines at two sites on a standard NW100.
As part of our ongoing product improvement and validation efforts Northern Power will update this
document to reflect changes in acoustic performance as needed.
1.3 Discussion of Noise Calculation
Based on third party measurements an apparent sound power level at the turbine has been calculated.
These values are 96.7 dB(A) at a wind speed of 6 m/s, 100.8 dB(A) at a wind speed of 8 m/s, and 102.3
dB(A) at 10 m/s. These sound power numbers can be converted into sound pressure using the following
equation':
LP =L,,—l0log o(27rRZ)—aR
Where:
LP = Sound Pressure
LW = Apparent Sound Power
R = Slant Distance, which is the diagonal distance from the turbine nacelle to the location of concern on
the ground. This can be calculated using the Pythagorean Theorem.
a = broadband sound absorption coefficient, generally assumed to be 0.005 dB(A)/m
' From: Wind Turbine Acoustic Noise, Renewable Energy Research Laboratory, J. Manwell, S. Wright, 2006.
A03008 - NW100 Acoustic Noise (2).doc
24
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Northern
F+C?WE:R SYSTEMS
2 Appendix A - Calculated Sound Pressure vs. Radial Distance
6 m/s wind speed, 37m tower
Radial
Radial
distance
Distance
Sound
from tower
from Tower
Pressure
(m)
(ft)
(dB(A))
1
3.3
57.2
5
16.4
57.1
7.63
25.0
57.0
10
32.8
56.9
15
49.2
56.5
20
65.6
56.0
25
82.0
55.5
30
98.4
54.9
35
114.8
54.3
40
131.2
53.7
45
147.6
53.1
47.5
155.8
52.8
50
164.1
52.5
60
196.9
51.4
75
246.1
49.9
100
328.1
47.6
125
410.1
45.8
150
492.2
44.2
175
574.2
42.8
200
656.2
41.5
225
738.2
40.4
250
820.3
39.4
275
902.3
38.5
300
984.3
37.6
325
1066.3
36.8
350
1148.4
36.0
375
1230.4
35.3
400
1312.4
34.6
425
1394.4
34.0
450
1476.5
33.4
475
1558.5
32.8
500
1640.5
32.2
A03008 - NW100 Acoustic Noise (2).doc
25
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65.0
i11
55.0
Q
m
50.0
7
N
45.0
C
7
O
U)
40.0
35.0
30.0
Northern
POWER SYSTEMS
Sound Pressure vs. Distance, 6 m/s
``"
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� rr 'e�"i� �s �'"-� y 5- .;,w�; ��✓ t ,� _ E Y' k.7 i- �-._'^� 3��' '�-�Y '� � � fxs x z' ; r p` u�,. x s x
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0 50 100 150 200 250 300 350
Radial Distance, 37m tower (m)
--*—Sound Pressure (dB(A))
400 450 500
8 m/s wind speed, 37m tower
Radial
Radial
distance
Distance
from tower
from Tower
(m)
(ft)
1
3.3
5
16.4
7.63
25.0
10
32.8
15
49.2
20
65.6
25
82.0
30
98.4
35
114.8
40
131.2
45
147.6
47.5
155.8
50
164.1
60
196.9
75
246.1
100
328.1
125
410.1
150
492.2
175
574.2
200
656.2
225
738.2
250
820.3
275
902.3
300
984.3
325
1066.3
350
1148.4
375
1230.4
400
1312.4
425
1394.4
450
1476.5
475
1558.5
500
1640.5
27
Sound
Pressure
(d B(A))
61.3
61.2
61.1
61.0
60.6
60.1
59.6
59.0
58.4
57.8
57.2
56.9
56.6
55.5
54.0
51.7
49.9
48.3
46.9
45.6
44.5
43.5
42.6
41.7
40.9
40.1
39.4
38.7
38.1
37.5
36.9
36.3
t ort ern
POWER SYSTEMS
60.0
55.0
a
m
50.0
d
fA
N
d
45.0
c
0
N
40.0
35.0
30.0
Sound Pressure vs. Distance, 8 m/s
0 50 100 150 200 250 300
Radial Distance, 37m tower (m)
—*—Sound Pressure (dB(A))
Northern
POWER SYSTEMS
350 400 450 500
10 m/s wind speed, 37m tower
Radial
Radial
distance
Distance
from tower
from Tower
(m)
(ft)
1
3.3
5
16.4
7.63
25.0
10
32.8
15
49.2
20
65.6
25
82.0
30
98.4
35
114.8
40
131.2
45
147.6
47.5
155.8
50
164.1
60
196.9
75
246.1
100
328.1
125
410.1
150
492.2
175
574.2
200
656.2
225
738.2
250
820.3
275
902.3
300
984.3
325
1066.3
350
1148.4
375
1230.4
400
1312.4
425
1394.4
450
1476.5
475
1558.5
500
1640.5
29
Sound
Pressure
(d B(A))
62.8
62.7
62.6
62.5
62.1
61.6
61.1
60.5
59.9
59.3
58.7
58.4
58.1
57.0
55.5
53.2
51.4
49.8
48.4
47.1
46.0
45.0
44.1
43.2
42.4
41.6
40.9
40.2
39.6
39.0
38.4
37.8
Northern
POWER SYSTEMS
W
O
65.0
.� 0
55.0
C
m
13 50.0
40.0
35.0
30.0
Northern
POWER SYSTEMS
Sound Pressure vs. Distance, 10 m/s
0 50 100 150 200 250 300 350 400 450 500
Radial distance, 37m Tower (m)
—�—Sound Pressure (dB(A))
� >>gOnD cow
0
•
z
4ST.191¢
October 19, 2010
City of Seward
Community Development Office
410 Adams Street
Seward, Alaska 99664
RECEIVED
OCT 2 2 2010
Per �M�-off"
REAL ESTATE DEPARTMENT
TEL 907.265.2670
FAX 907.265.2450
Re: AVTEC Request for Variance for Proposed Wind Turbine
Dear Seward Community Development Representatives:
This is to advise you that the Alaska Railroad Corporation (ARRC) has no objections to the
Alaska's Institute of Technology (AVTEC), plans to request a zoning variance for the
installation of a wind turbine on their property adjacent to ARRC's property in Seward.
The plans submitted to ARRC for review were prepared by HDL Engineering Consultants,
titled AVTEC Wind Turbine, Figure 2 — Site Plan, AVTEC, Seward, Alaska (Sheet 2 of 2)
dated 10/06/10.
incerely, - -
James W. Kubitz
Vice President, Real. Estate and Facilities
327 W. Ship Creek Avenue I MAILING ADDRESS I TEL 907.265.2300 FAX 907.265.2416
Anchorage, Alaska 99501 P.O. Box 1075oo Anchorag 31 99510-7500 AlaskaRailroad.com
�o c.�;.- ,u
-14-2010 a3 03P ETRER
9Z?^?45g65 7ri 190T2244482 ?
J
October 14, 2010
City of Seward Building Department
Attn: Janis Melvin
410 Adams Street
Seward, AK 99864
pear Ms. Melvin:
This letter is to inform you that we understand that overhead power and/or
communication ll nos will not bo allowed to be installed within a 145' radius from the
turbine to be installed atAVTEC's Industrial electricity facility according to current
building code utlilzed by the City of Seward. furthermore, we understand that this
restriction does not apply to any burled power end/or communlcstion lines that may be
installed within this radius at a future date. We also understand that these conditions
may contribute to development limitations within the aforementioned 145' radius.
Signe
f' Fred Esposito
Alaska Vocational Technical Center
Lessee
32
Steve Leirer
Lelrer Enterprises LLC
Land Owner
/o/I�0/ Li/a
Sponsored by: Planning and Zonine Commission
Introduction Date: September 27, 2010
Public Hearing Date: October 11, 2010
�. Enactment: October 11, 2010
CITY OF SEWARD, ALASKA
ORDINANCE 2010-004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ADDING SECTION 15.10.245 WIND ENERGY CONVERSION
SYSTEMS (WECS) TO THE SEWARD CITY CODE ESTABLISHING A
PROCESS AND STANDARDS FOR THE SITING, CONSTRUCTION, AND
OPERATION OF WIND ENERGY CONVERSION SYSTEMS (WECS) AS
PERMITTED SECONDARY USES AND AMENDING SEWARD CITY CODE
TITLE 15, LAND USES ALLOWED TABLE 15.10.225 TO ALLOW WECS IN
THE RR, R1, R2, R3, UR, OR, AC, HC, CB, I, RM, INS AND P ZONING
DISTRICTS
WHEREAS, there has been an increase in community interest in the installation of Wind
Energy Conversion Systems (WECS); and
WHEREAS, the use of WECS is not addressed in the Seward City Code; and
WHEREAS, the City of Seward ("City") recognizes that wind energy may help lower costs,
is a renewable source of energy and is desired as a supplemental land use. WECS may be
advantageous where the systems are used primarily for lowering the carbon footprint and energy in
support of the primary use of the property on which a system is located; and
WHEREAS, the intent of this ordinance is to establish a process for locating and
constructing WECS, along with standards for the construction and operation of such systems, where
the systems are secondary uses to established principal uses and to amend the Seward City Code
Land Uses Allowed Table to allow WECS in the RR, Rl, R2, R3, UR, OR, AC, HC, CB, I, RM, INS
and P districts; and
WHEREAS, this ordinance does not establish interconnection regulations, policies or
procedures to allow WECS to connect to the Seward Electric Utility power grid; and
WHEREAS, following newspaper publication for two weeks and written notice displayed in
three public places, the Planning and Zoning Commission held a public hearing at its September 7,
2010 meeting and recommended City Council approval of a proposed Zoning Code amendment; and
WHEREAS, the draft minutes and public records of the Planning and Zoning Commission
proceedings will be provided to the City Council.
s
+L.
33
CITY OF SEWARD, ALASKA
ORDINANCE 2010-004
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
HEREBY ORDAINS that:
Section 1. Seward City Code Title 15 is hereby amended by adding a section 15.10.245 Wind
Energy Conversion Systems as follows:
15.10.245. Wind Energy Conversion Systems.
(a) Purpose. It is the purpose of this section to establish health and safety standards for
small wind energy conversion systems (WECS) as defined in this Code, and to encourage the
development of small wind energy systems.
(b) Definitions. For purposes of this section, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
Wind Energy Conversion System (WECS). Any device or assemblage, which directly
converts wind energy into usable thermal, mechanical, or electrical energy, including
such devices as windmills and wind turbines, towers and supporting structures and such
directly connected facilities as generators, alternators, inverters, batteries, and associated
equipment. This system is designed as a secondary accessory use to existing principal
uses and to existing buildings or facilities, wherein the energy generated is used primarily
for consumption on the same or adjoining parcel on which it is located.
Small Wind Energy Conversion System. A Wind Energy Conversion System that has a
rated power capacity of not more than 100kW and is intended to produce energy
primarily for on -site consumption, either instead of or as a supplement to public utility
power.
Total Height, Free Standing WECS. The distance measured from the preexisting natural
grade to the highest point of any blade of the turbine.
Total Height, Roof Mounted WECS. The distance measured from the building height to
the highest point of any blade of the turbine.
Wind Turbine. A device which converts the kinetic energy of the wind into a rotational
energy transmitted through a drive train to a generator and where the generated power
can be connected directly to the load or feed.
(c) Approval Process. WECS are subject to a building permit under Seward City Code
Chapter 12.05 Codes of Technical Regulation and a building permit shall be obtained prior to
construction, installation or modification of the system. The Building Official shall review
each building permit for compliance with the requirements of this section. The Building
34
CITY OF SEWARD, ALASKA
ORDINANCE 2010-004
Official shall grant approval if he or she is satisfied that the standards of this section have
been met, that the applicant has sized and sited the system to reduce impacts on surrounding
properties to the maximum extent feasible, and that the WECS is not otherwise prohibited by
law. The applicant shall provide the Building Official documentation that the WECS meet
the requirements of this section, including:
(1) A description of the project, including the maximum rated power output capacity of
the WECS.
(2) The make, model, an illustrative photograph or brochure, manufacturer's
specifications including noise decibels data for the proposed WECS, Manufacturer's
Guaranteed Maximum Sound Power Level in dBA re 1pW, the support structure and
method of attachment to the ground and/or structure.
(3) Foundation plans designed for the installation location of the WECS and be stamped
by an engineer licensed in the State of Alaska.
(4) Elevation drawing of the WECS showing total height, turbine dimensions, tower and
turbine colors, distance between ground and lowest point of any blade, and if
proposed, the location of ladders, climbing pegs, and access doors.
(5) Site plans showing the installation location, including any related components, and
the location of other structures, fences or retaining walls on the property.
(6) For roof -mounted WECS, the owner must provide the City with certification from an
engineer licensed in the State of Alaska that the roof is built to accommodate the
system.
(7) If the WECS is not certified as meeting the IEEE1547 standard (Institute ofElectrical
and Electronic Engineers), then an assessment of potential electromagnetic
interference with microwave, radio, television, personal communication systems and
other wireless communication is required.
(8) A visual impact analysis of the proposed WECS as installed, which shall include
color photographs of the proposed site from at least three locations accurately
depicting the existing conditions. A computerized photographic simulation,
demonstrating any visual impacts from strategic vantage points, is desirable and may
be required at the Building Official's discretion. The applicant shall indicate any
visual screening proposed to be incorporated into the project that is intended to lessen
' the system's visual prominence.
L
(9) Evidence of compliance with Federal Aviation Administration requirements.
35
CITY OF SEWARD, ALASKA
ORDINANCE 2010-004
(d) Zoning and Lot Requirements. Monopole, guyed, lattice, vertical access and roof -
mounted WECS are allowed outright as a secondary use in all zoning districts if they meet
the following requirements and adhere to all requirements listed in this section. Only one
WECS is permitted per lot in all zoning districts.
(e) Development and Design Requirements. The requirements of this section shall apply to
all WECS.
(1) The turbine to be constructed as a component of the WECS must be approved by the
Small Wind Certification Program recognized by the American Wind Energy Association
(AWEA) or any other accredited organization such as the Small Wind Certification
Council, National Wind Technology Certification Center, or the U.S. Department of
Energy, National Renewable Energy Laboratory or must be certified by a professional
mechanical engineer licensed in the State of Alaska as a system that meets or exceeds
industry safety standards for small wind energy systems.
(2) The total height limitations for WECS for secondary use are as follows:
a. Free Standing WECS.
..rr
i.In RR, R1, R2, R3, UR, OR, AC, HC, CB and P, WECS are allowed as an
outright use with a total height not to exceed 150 feet.
ii.In I, RM and INS WECS with total height not exceeding 300 feet may be
permitted.
b. Roof -Mounted WECS.
In all zoning districts WECS on buildings of 34 feet or less in total
height, roof top WECS shall have a total height not to exceed 20 feet.
c. Both Free Standing and Roof -Mounted WECS.
Structures shall not interfere with Federal Aviation Administration
Regulations on airport approaches.
ii. In no case shall the total height of the WECS exceed manufacturer's
specifications.
(3) Minimum blade ground clearance in all zoning districts is fifteen feet (15').
36
CITY OF SEWARD, ALASKA
ORDINANCE 2010-004
(4) All portions of any WECS, including guy wires and other anchors, shall comply with
the following setback standards unless otherwise specified:
a. All WECS shall be setback from all property lines at least 1.1 times the height of
the system, except that the setback from a lot edge abutting a lake or pond maybe
one half the total height of the system.
b. All WECS shall be setback from all property lines so that noise generated by the
system shall not exceed the 10:00 pm — 7:00 am decibel levels set forth in Table
1. SCC 9.25.020, at the closest property line to the system, as calculated with the
following formula for a 6dB doubling decay curve:
S5=10^((LW +L.+ Ls+-.5-Si)/20)
Where: Ss- Acoustic Setback Distance in Feet
LW- Manufacturer's Guaranteed Maximum Sound Power Level, in
dBA re 1pW
Lu- Uncertainty Factor = 5
Ls- Safety Factor = 2
Si -Sound Level Limit
C. All WECS shall be located so that the principal structure is between the WECS
and the front or side property line.
d. All systems shall be setback at least 1.1 times the total height of the system from
all overhead power and telecommunication lines, above ground electric and
telecommunication equipment and any telecommunication towers.
e. All portions of any WECS, including guy wires and other anchors, shall comply
with the setback standards for the lot as shown on Table 15.10.220 Development
Requirements. No part of the WECS may extend into any access or utility
easements.
(5) The rotating turbine shall not produce vibrations that are humanly perceptible beyond
the property lines of the site. not to exceed the decibel level in Table 1, SCC 9.25.020.
Those who violate this provision will be subject to the penalties and remedies found in
Section 9.25.035.
(6) All portions of the WECS shall be a non -reflective, non -obtrusive color, subject to the
approval of the Community Development Department. The appearance of the turbines,
towers and any other related components shall be maintained throughout the life of the
WECS pursuant to industry standards.
37
CITY OF SEWARD, ALASKA
ORDINANCE 2010-004
(7) All power and telemetry lines from the tower to any building or other structure shall
be placed underground and an as -built indicating the locations will be provided to the
Building Department.
(8) No tower shall be illuminated unless required by a state or federal agency, such as the
FAA.
(9) No commercial advertisements, signs, or other messages shall be placed orpainted on
any portion of the WECS; except that a system's or tower's manufacturer's logo,
inspection tags, the owner's emergency contact information and appropriate warnings as
required by national, state and local laws may be displayed on a system generator housing
in an unobtrusive manner.
(10) WECS structure shall -be designed to prevent unauthorized external access to
electrical and mechanical components and shall have access doors that are kept securely
locked. No climbing pegs or tower ladders shall be located closer than 12 feet to the
ground level at the base of the structure.
(11) The installation of a WECS may not enlarge, increase or expand a nonconforming
use or structure.
(f) Maintenance. A WECS shall be erected and maintained plumb, level, and true and shall
be repaired, painted, and maintained in accordance with this ordinance, any manufacturer's
recommendations and instructions, manufacturer's and inspector's repair and maintenance
schedules and with industry standards for WECS. The Building Official may order the repair
or removal of any WECS that is not maintained in accordance with this section. The
Building Official may also order that the WECS cease operating until satisfied that the
WECS meets maintenance and operating standards. An inspection of the WECS components
by a recognized Wind Turbine Inspection firm is required every 5 years and following a
natural disaster. A tag indicating the firm and date of the last inspection must be displayed
on the WECS.
(g) Nuisances; Removal.
(1) Any WECS that is not operated on a functional basis for a period of twelve (12)
months is hereby declared, unlawful, abandoned, and a public nuisance. In addition to
other remedies provided by this Title, the nuisance may be restrained, enjoined, or
otherwise abated by the City.
(2) Demolition permits are required before a person removes a WECS. The permit shall ,
require the entire system be removed (foundations to below natural grade, collection,
connection, and transmission equipment) and disposed of properly at the owner's sole
expense.
CITY OF SEWARD, ALASKA
ORDINANCE 2010-004
(h) Enforcement; Abatement.
(1) Failure to maintain a WECS is a violation of this Title.
(2) The City may issue an enforcement order under Chapter 9.20 Public Nuisances for
the repair or removal of any WECS that is not operated on a functional basis for a period
of twelve (12) months or where the WECS becomes a hazard to the safety of persons or
property.
(3) Where the system presents no immediate hazard to health or safety, the owner shall
repair or remove the system within fifteen (15) days of receipt of notification of the
enforcement order. Upon agreement in writing that the owner will comply with an
enforcement order to repair or remove the system if allowed additional time, the City
may grant an extension of time within which to abate the public nuisance, if the City
determines that such an extension of time will not create or perpetuate a situation
dangerous to life or property. If the WECS is not operational or is not removed after
fifteen (15) days from the date of notification of the enforcement order, or after the time
of any extension provided, the City may remove the system at the owner's expense.
(4) Where the City identifies an immediate health or safety hazard, and when the owner
or other person responsible for the system is either not available to immediately remedy
the hazard or refuses to remedy the hazard, the City may enter upon the property and
disconnect, dismantle, or otherwise remove any WECS. The City shall attempt to notify
any owner or other person responsible for the system of such action within forty-eight
(48) hours. For purposes of this section, notice is effective the earlier of posting the
notice on the property, personal delivery, or upon receipt, if sent by certified mail.
(5) The costs and expenses incurred by the City in abatement of any health and/or safety
hazard or of any nuisance as defined in Section 15.10.245 (h) shall be chargeable to the
owner and/or may be collected in a civil action by the City.
(6) A person aggrieved by an enforcement order may appeal under SCC 15.10.410.
Section 2. Title 15 Seward City Code Table 15.10.225 Land Uses Allowed is hereby
amended as follows: (items in BOLD and ITALIC are added to table)
39
CITY OF SEWARD, ALASKA
ORDINANCE 2010-004
Zoning
districts:
Principally Residential
Principally Commercial
Principally
Public
RR
Rl
R2
R3
UR
OR
AC
HC
CBI
RM
INS
P
Uses
Wind Energy
O
0
0
0
0
0
0
0
0
0
0
0
0
Conversion
Systems
(WECS)
Section 3. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
11 `h day of October, 2010.
AYES:
Valdatta, Keil, Smith, Dunham
NOES:
None
ABSENT:
Amberg, Bardarson, Shafer
ABSTAIN:
None
ATTEST:
jLJnew , Clerk
(City Seal) �,.•``° M1.4'r
s r4�
® v*Ep
��'•q�F OF A�,P.••.
W
THE CITY E. SEWARD, ALASKA
Willard E. Dunham, Mayor
Sponsored by: Planning and Zoning Commission
Introduction Date: September 27, 2010
Public Hearing Date: October 11, 2010
Enactment: October 11, 2010
f-
I`
CITY OF SEWARD, ALASKA
ORDINANCE 2010-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE 15.10.140 DEFINITIONS
TO ALLOW ACCESSORY BUILDINGS ON ADJACENT LOTS OF THE
PRINCIPAL BUILDING OR USE SERVED
WHEREAS, members of the public have requested a code change to allow for the
construction of single-family residential accessory structures on an adjacent lot; and
WHEREAS, the current code does not allow for the construction of accessory buildings
on an adjacent lot without first replatting the parcels, but SCC 12.01.030 allows single-family
residences to be constructed across platted property lines; and
WHEREAS, allowing the construction of accessory buildings on adjacent lots under the
same ownership may promote additional orderly development in Seward by removing a barrier
for both residential and commercial improvement; and
WHEREAS, allowing the construction of accessory buildings on adjacent lots may
provide additional benefit for the general welfare of Seward's residents; and
WHEREAS, following newspaper publication for two weeks and written notice
displayed in three public places, the Planning and Zoning Commission held a public hearing at
its September 7, 2010 meeting and recommended City Council approval of a proposed Zoning
Code amendment; and
WHEREAS, the draft minutes and public records of the Planning and Zoning
Commission proceedings will be provided to the City Council.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD
ORDAINS that:
Section 1. The Seward City Code is hereby amended to read as follows:
Seward City Code 15.10.140. — Definitions is hereby amended as follows
(Strikethroughs = deletions and are bold, Underline = additions and are bold):
(b) Specific definitions. In this chapter, unless otherwise provided or the context
otherwise requires:
E Accessory building. A detached structure that:
41
CITY OF SEWARD
ORDINANCE 2010-005
(1) Is clearly incidental to and customarily found in connection with a principal
building or use;
(2) Is subordinate to and serves a principal building or use;
(3) Is subordinate in area, extent or purpose to the principal building or use
served;
(4) Contributes to the comfort, convenience or necessity of occupants, business
or industry in the principal building or use served; and
(5) Is located on the same or adjacent lot under the same ownership as the
principal building or use served.
An accessory building shall be considered to be a part of the main building when joined
by a common wall or connected by a breezeway to the main building. Accessory building
means any structure regardless of type of foundation or base support, including skid -
mounted or other moveable structures.
Section 2. The above recitals are incorporated herein by reference.
Section 3. This ordinance shall take effect ten (10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this l Ith
day of October 2010.
AYES:
Valdatta, Keil, Smith, Dunham
NOES:
None
ABSENT:
Amberg, Bardarson, Shafer
ABSTAIN:
None
THE CITY OF SEWARD, ALASKA
illard E. Dunham, Mayor
ATTEST:
`i,,1ts"fiG.1,. *
r _
'4
- r
Je Lewin
�
C
Ci y Clerk
10
(City Seal)
... , .:, �i 1�'�••
,�,e��•
OF
`�
42
i
P&Z Agenda Statement
Meeting Date: November 3, 2010
Through: Community Development Director Christy Terry
From: Administrative Assistant Dwayne Atwood
Agenda Item: Approve the 2011 P&Z meeting and work session
schedule
BACKGROUND & JUSTIFICATION•
At the end of each year the Planning and Zoning Commission approves the regularly scheduled
Planning and Zoning meetings and scheduled special meeting/work sessions for the coming year.
According to Seward City Code Section 2.30.220, "the Seward Planning and Zoning Commission
shall meet at 7:30 p.m. in the city council chambers on the first Tuesday of each month. Special
meetings may be held at the call of the chair or the city manager, and at such other times as the
commission may determine." The Planning and Zoning Commission requested regular work
sessions be scheduled for the third Tuesday of each month and if a Public Hearing item was
submitted by the required cut-off date the work session be scheduled as a special meeting. The
Commission set the time for special meetings to begin at 7:30 p.m. and work sessions at 6:30 p.m.
The regular May Planning & Zoning meeting is scheduled for Thursday, May 5, 2011 due to the
Borough Assembly meeting scheduled in Seward Council Chambers on May 3, 2011 (date could be
subject to change).
The regular October Planning & Zoning meeting is scheduled for Thursday, October 6, 2011 due to
the City and Borough elections scheduled for October 4, 2011.
The regular October Planning & Zoning work session date is scheduled for Thursday, October 20,
2011 because the Alaska Day holiday falls on Tuesday, October 18, 2011.
RECOMMENDATION:
Motion to approve the 2011 Planning and Zoning meeting and special meeting/work session
schedule.
43
Memorandum
CITY OF SEWARD
COMMUNITY DEVELOPMENT
Date: November 3, 2010
To: Planning & Zoning Commission
From: Dwayne Atwood, Administrative Assistant
Subject: 2011 - Planning & Zoning Meeting Schedule
This memo is to provide a schedule of the Planning & Zoning Commission Meetings for the calendar year 2011. Unless
otherwise noted the P & Z regular meetings will begin at 7:30 p.m. The "Scheduled Special Meetings" shall be held
ONLY if a Public Hearing item is on the agenda and will commence at 7:30 um ver the 12/16/2008 adopted P&Z
Rules of Procedure, otherwise the gathering will be held as a work session commencing at 6:30 pm.
Month Regular Meeting Special P&Z Meeting for Public Hearings 7:30 am
OR scheduled Work Sessions Commence at 6:30 am
January January 4`h January 18'
February February 1" February 15'h
March March 1s March 1" (quarterly Flood Board W/S 6:30)
March 15'
April April 5'b April 190'
May May 5" (Thursday) May 17�h (Borough Assembly in Seward May 3`d)
June June 7`" June 7t' (quarterly Flood Board W/S 6:30)
June 2 1 "
July July 5'b July 19,
August
August 2" d
August 10
September
September
September Ob (quarterly Flood Board W/S 6:30)
September 20'"
October
October a (Thursday)
October 6 b (KPB & Local elections October 4`h)
October 2& (Thursday) Alaska Day on October 18th
November
November 1 st
November 15`h
December
December 6�'
December 60' (quarterly Flood Board W/S 6:30)
December 20`h
January
January 3`d
January 17'h
If you have questions or concerns or cannot attend, please call 224-4049 or email datwood(cr�,ciiyofseward.net.
City of Seward
2011 Planning Zoning Commission
Meeting and Agenda Cut -Off Dates
Reminder: Per SCC2.30.220(a), the Commission shall meet at 7:30 p.m. in the
council chambers on the 1st Tuesday of each month
45
City of Seward, Alaska Planning Commission Minutes
September 7, 2010 Volume 6, page 4 0 5
Call to Order
The September 7, 2010 Regular Meeting of the Seward Planning & Zoning Commission
was called to order at 7:30 p.m. by Chair Roach'.
Opening Ceremony
Commissioner Ecklund led the Pledge of Allegiance to the flag.
Roll Call
There were present:
Sandie Roach' presiding, and
Cindy Ecklund Steven Heinrich
Frank DeMarco
comprising a quorum of the Commission; and
Christy Terry, Community Development Director
Dwayne Atwood, Community Development Assistant
Excused was: Tena Morgan
City Administration Report
Community Development Directory Christy Terry updated the Commission of the
following business items:
• The quarterly joint work session with the Seward/Bear Creek Flood Service Board was not
held because of preparations for the Summit in Seward scheduled for October 8, 2010.
• A late arriving comment regarding the Conditional Use Permit application for the Tougas
RN park had been received and was provided as a laydown.
• Two compliance letters were included in the agenda packet. The Community Development
Department was working with the City Clerk's office to review city business license
renewals to encourage zoning compliance.
Other Reports, Announcements & Presentations — None
Citizens' Comments on any subject except those items scheduled for Public Hearing - None
Approval of Agenda and Consent Agenda
Motion (Ecklund/Heinrich) Approve the Agenda and the Consent
Agenda
ER
City of Seward, Alaska Planning Commission Minutes
September 7, 2010 Volume 6, page 4 0 6
Motion Passed
Unanimous Consent
The following items were approved on the Consent Agenda:
August 3, 2010 Regular Meeting Minutes
Unfinished Business Items requiring a Public Hearing — None
New Business Items requiring a Public Hearing
Resolution 2010-10 of the Seward Planning and Zoning Commission, granting
a Conditional Use Permit to Paul Tougas, dba Seward Information Center to
Construct and Operate Kenai Fjords Recreational Vehicle (RV) Park and
Winter Storage, on Lots 1, 4, And 5 Block 7, Oceanview Subdivision, located at
1115 Fourth Avenue, within the Auto Commercial Zoning District
Terry reviewed the criteria and requirements and directed the Commission to the property
location, as shown in the meeting packet. She noted the public notification requirements had been
met. Administration spoke in support of the application. The proposed development and use was
consistent with the Auto Commercial zoning district. The value of the adjoining property would
not be significantly impacted, and public utilities and services were adequate to serve the proposed
use. Specific development codes would still have to be met after a Conditional Use Permit was
issued.
Commissioners discussed the seasonal timeline and potential operation of both storage and
camping businesses at the proposed development site.
Notice of public hearing being posted and published as required by law was noted and the
public hearing for Resolution 2010-10 was opened.
Paul Tougas, inside City Limits, addressed the Commission as the applicant. Tougas said
the proposed project would include approximately half of the camping sites a previous operator
utilized. The property was used as a parking lot for two years and the business plan would
establish a "premium" RV park. Tougas stated the park would include 25 spaces.
In response to a question from Roach', Tougas explained the summer operation would
focus on camping. The off season storage was proposed as a way to realize some income during
the winter months. Tougas said he planned to install a privacy fence.
Ecklund asked the applicant if there would be any problems if a vegetation buffer were in
place along Scheffler Creek.
Tougas stated the intention was to keep the vegetation, trees and grass.
47
City of Sewarcl Alaska Planning Commission Minutes
September 7, 2010 Volume 6, page 4 07
Mary Bailey, inside City Limits, told Commissioners she had concerns about how closely
the RV park would be regulated for camping duration. Bailey stated she believed the driveway
into the proposed camping area was not wide enough for large vehicles.
No one else requested to be heard and the public hearing was closed.
Motion (Heinrich /Ecklund)
Approve Resolution 2010-10
In response to Commission questions, Seward Fire Chief David Squires stated the
driveway met City requirements. A second driveway to the property would not be required.
Motion (Heinrich/Ecklund)
Motion Passed
Motion (Roach'/Heinrich)
Motion Failed
Main Motion Passed As Amended
New Business Items requiring a Public Hearing
Amending Resolution 2010-10, Section 6
inserting a new Condition No. 4 to read: A
minimum 10 foot no parking buffer shall
be maintained along both sides of Scheffler
Creek.
Unanimous
Amending Resolution 2010-10 to add a
second condition requiring the installation
of screen fencing.
Yes: Roach'
No: Heinrich, Ecklund, DeMarco
Unanimous
Resolution 2010-11 of the Seward Planning and Zoning Commission of the
City of Seward, Alaska, recommending amending Seward City Code Title 15
Section 15.10.140 Definitions to allow accessory buildings on adjacent lots of
the principal building or use served
Terry explained that the Zoning Code did not allow accessory structures on a lot other than
the same lot with a primary structure. If approved, all of the building codes and development
requirements would continue to be observed. The City attorney had reviewed the proposed
ordinance.
In response to Commissioner Ecklund, Terry stated the reason for allowing accessory
structures on adjacent lots had to do with the larger zoning issue of lots with an accessory structure
being sold, leaving non -conforming buildings.
Commissioners further discussed the issues related to allowing accessory buildings to be
built on separate lots.
ED]
City of Sewarg Alaska Planning Commission Minutes
September 7, 2010 Volume 6, page 4 0 8
Notice of public hearing being posted and published as required by law was noted and the
public hearing for Resolution 2010-11 was opened.
Mary Staab, inside City Limits, explained that per City Code an adjoining lot they owned
was not suitable for a garage construction because a lot line separating the two properties would
need to be vacated. The cost for the lot line vacation would have been more than $2,000. Staab
requested that the code be changed to allow accessory buildings to be built on adjacent lots.
David Squires, inside City Limits, asked that the proposed resolution be approved. He
explained how he would like to expand a greenhouse on an adjacent lot of his residence.
No one else requested to be heard and the public hearing was closed.
Motion (Ecklund/DeMarco) Approve Resolution 2010-11
Roach' explained that larger parcels are accessed at lower values per square foot than
smaller lots. It would help to maintain values if adjacent lots could be developed without vacating
lot lines and creating larger parcels.
Heinrich stated he did have concerns that lots with accessory structures that are later sold
will have code compliance issues.
Commissioners further discussed accessory buildings and accessory uses.
Motion Passed Yes: Heinrich, Ecklund, Roach'
No: DeMarco
New Business Items requiring a Public Hearing
Resolution 2010-12 of the Seward Planning and Zoning Commission,
Recommending City Council Amend Various Portions of Title 15.20 Signs of
the Seward City Code
Terry explained that several work sessions were held on this topic. Staff, public and
Commissioners made several suggestions for the proposed code update. The items that were
agreed upon were included in the proposed ordinance. There did not appear to be any consensus on
signage exceeding the roofline in the Historic District, and signs advertising home occupations.
Notice of public hearing being posted and published as required by law was noted and the
public hearing for Resolution 2010-12 was opened.
Fire Chief Dave Squires asked whether the proposed advertising of home occupations
would include bed and breakfast operations.
No one else requested to be heard and the public hearing was closed.
City of Seward, Alaska Planning Commission Minutes
September 7, 2010 Volume 6, page 4 0 9
The Commission discussed home occupation signage.
Motion (Ecklund/Heinrich)
Motion (Roach'/Heinrich)
Motion Passed
Motion (Roach'/Ecklund)
Motion Passed
Main Motion Passed As Amended
New Business Items requiring a Public Hearing
Approve Resolution 2010-12
Amend proposed Ordinance, Section 1,
15.20.30 Signs Allowed Without Permits,
R, striking "bubble machines."
Unanimous
Amend proposed Ordinance, Section 1,
15.20.035 Prohibited Signs, H, striking "on
a building."
Unanimous
Unanimous
Resolution 2010-13 of the Seward Planning and Zoning Commission,
Recommending Adding Section 15.10.245 Wind Energy Conversion Systems
(WECS) to the Seward City Code establishing a process and standards for the
siting, construction, and operation of Wind Energy Conversion Systems
(WECS) as permitted secondary uses and amending Seward City Code Title
15, Land Uses Allowed Table 15.10.225 to allow WECS in the RR, Rl, R2, R3,
UR, OR, AC, HC, CB, I, RM, INS and P Zoning Districts
Terry noted the Commission had discussed proposed Wind Energy Conversion Systems for
approximately two years. Terry also stated the proposed ordinance would not allow the conversion
systems to interconnect to the electric utility grid.
In response to questions generated at the WECS work session, Terry stated inspectors
would be available to perform required inspections. Additionally, there was no indication that
property values would be affected by the addition of wind energy systems. Terry also explained the
formula that was included in the Ordinance to help calculate noise levels of a wind energy system
before installation. The height of the towers would be restricted by the size of the lot, given the
setback requirements.
Ecklund stated she appreciated the work that had gone into creating a method to review and
allow wind energy systems.
Heinrich stated the proposed regulations will help with orderly development. Heinrich
asked if the City of Seward electric utility was required to provide interconnection for wind energy
systems.
50
City of Seward Alaska Planning Commission Minutes
September 7, 2010 Volume 6, page 410
Terry stated the utility is not required to adopt the rules of the Regulatory Commission of
Alaska. The utility was moving forward to allow interconnection, but the City of Seward was not
required to allow interconnection, she said.
Heinrich stated he believed the proposed regulations to allow wind energy systems would
be less viable if the developers were not allowed to feed electricity back into the power grid.
Notice of public hearing being posted and published as required by law was noted and the
public hearing for Resolution 2010-13 was opened.
No one requested to be heard and the public hearing was closed.
Motion (Heinrich /Ecklund) Approve Resolution 2010-13
Roach stated several rooftop wind energy turbines may be required for a residence or
business to produce adequate electricity. An engineer may need to determine, in those cases,
whether a structure could adequately support multiple units.
Terry noted the additional noise with multiple rooftop units would require changes in how
the noise levels would be measured. As proposed, the ordinance did not allow for more than one
unit per lot.
Motion Passed Unanimous
Unfinished Business — None
New Business --
Setting the September 21, 2010 Work Session Topic
Terry noted that several hours of work had been devoted to updating Title 15 of the City
Code. She suggested that further work on the Land Uses Allowed Table be the topic for the
session.
Commissioners reached a general consensus that the Development Requirements
Table and Land Uses Allowed Table were to be the topic of the September 21, 2010 work
session.
Informational Items and Reports (1Vo action required)
Alaska Railroad Corporation Newsletter
Camping Letter to Red's Burgers
Vehicles in Public Right -of -Way Letter to William B. Morrell
51
City of Sewarcl Alaska Planning Commission Minutes
September 7, 2010 Volume 6, page 411
Seward Summit Invitation and Draft Agenda
Commission Comments —
Commissioners thanked staff for the meeting preparations and the members of the public
for providing useful feedback.
Citizens' Comments — None
Commissions and Administration Response to Citizens' Comments — None
Adjournment
Meeting adjourned at 10:48 p.m.
Dwayne Atwood,
Community Development Assistant
(City Seal)
52
Sandie Roach'
Chair
KENAI PENINSULA BOROUGH
E 144 North Binkley St., Soldotna, Alaska 99669-7520
p 1-800-478-4441, Ext. 2150 9 907-714-2150 9 Fax 907-714-2377
www.borough.kenai.ak.us • mayor@borough.kenai.ak.us
RECE�vE�
October 18, 2010
Christy Terry
City of Seward
410 Adams St
Seward, AK 99664
Subject: Seward Summit 2010
Dear Christy:
DAVID R. CAREY
BOROUGH MAYOR
On behalf of the Kenai Peninsula Borough administration and staff, I would like to
extend my sincerest appreciation for your attendance and assistance. Without your
contribution, the Seward Summit would not have generated the measureable success
that was experienced last Friday.
Throughout the day, networking and micro -educational moments were realized by all,
which in turn, will certainly yield in diverse resources and partnerships. Together, we
will see mitigation projects come to fruition for the Seward Bear Creek Flood Service
Area.
As we move forward, let us not forget the historical efforts by others that essentially
brought us together today. I look forward to witnessing the positive outcomes that will
be realized from the Seward Summit 2010.
Sincerely,
,a CA)-k k P, �'a�
David R. Carey
Mayor
53
Sponsored by: Administration
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2010-06
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, REQUESTING THE DEPARTMENT
OF COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT
DIVISION OF COMMUNITY AND REGIONAL AFFAIRS (DCRA)
PROVIDE ONSITE PLANNING COMMISSION TRAINING
WHEREAS, community planning is an important activity for elected, appointed and other
local leaders; and
WHEREAS, DCRA is offering an onsite Planning Commission Training that explores
planning commission authority, roles and responsibility, decision making, comprehensive planning
and land use regulations; and
WHEREAS, DCRA is currently scheduling onsite workshops with interested municipalities
during 2010; and
WHEREAS, the Community Development Department staff will work with DCRA to
provide the requested materials including incorporating the Commission's wishes regarding format,
proposed dates, and training issues into the request letter.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA that:
Section 1. The Commission requests. an onsite DCRA Planning Commission Training.
Section 2. This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the Planning and Zoning Commission of the City of Seward,
Alaska, this 6t4 day of April, 2010.
54
Seward Planning and Zoning
Resolution 2010-06
Page 2
AYES:
NOES:
ABSENT:
ABSTAIN
VACANT:
ATTEST:
THE CITY OF SEWARD, ALASKA
jz
Sandie Roach', Chair
Morgan, DeMarco, Heinrich, Ecklund, Roach'
None
None
None:
TWO
J�� Lewis CM0
City Clerk
(City Seal)
55
From: Christy Terry [mailto:cterry@cityofseward.net]
Sent: Wednesday, April 14, 2010 11:09 AM
To: Grewe, Nicole R (CED)
Cc: Donna Glenz; Dwayne Atwood
Subject: Email 1 of 3- Seward PZ Commission Training
Dear Nicole Grewe,
Thank you for the excellent opportunity for an on -site Planning and Zoning Commission Training in Seward.
The Commission is currently working with the Council and public on an update to our Title 15 Zoning Code and
the earliest they would be able to schedule a training would be their work session of October 19th beginning at
6:30pm (or earlier in the evening, but after the work day). September is already scheduled with a number of
public meetings and workshops discussing the new code with the public, but the Commission also has another
work session on November 16th beginning at 6:30pm that could also work for the training.
The Commission was most interested in training opportunities discussing: Parliamentary Procedures and
Roberts Rules of Order, Findings of Fact and decision making, Open Meetings Act, including ex parte and the
general roles and responsibility of a Planning Commissioner. They seemed however, generally open to trainings
that you feel would be most beneficial and/or successful trainings completed with other municipalities.
Email 1: 1 have attached the Resolution requesting the training and volume 1 of our Comp Plan.
Email 2: The next email I will attached our volume two of the comp plan, the link to our City Code, and a current
draft of our code update.
Email 3: The PZ Commission Rules of Procedures.
Christy Ferry
Community Development Director
City of Seward
PO Box 167
Seward, Alaska 99664
907-224-4020
fax 907-224-4085
10/20/2010
56
From: Dwayne Atwood[mailto:datwood@cityofseward.net]
Sent: Tuesday, September 21, 2010 8:46 AM
To: Grewe, Nicole R (CED)
Cc: Christy Terry
Subject: October 19 training session in Seward
Dear Nicole Grewe
I just wanted to drop you a note regarding the proposed on -site Planning & Zoning Commission
training in Seward on October 19. Please let me know if there is anything I can do to help you
prepare. I believe that Community Development Director Christy Terry provided you with
information about possible training topics and suggestions for local accommodations.
Can you please confirm that October 19 is a firm date?
Thank you,
Dwayne Atwood
Community Development
City of Seward
PO Box 167
Seward, Alaska 99664
907-224-4049
fax 907-224-4085
Good Morning Dwayne,
Thanks for emailing! I was just thinking about following up with the City of Seward.
Sorry to delay further, but can I get back to you on this matter? October will not work
for my schedule. Furthermore, the Alaska Department of Commerce, Community, and
Economic Development (DCCED) has new leadership and staffing, priorities, and travel
budgets are in flux (yet again). I have my fingers crossed and feel optimistic, but you
never know these days until you request travel approval.
So, the short answer... I'm working on it, but let's look to December or January. Does
that sound reasonable? Thanks for submitting documentation as I know it is a hassle.
Also, the Alaska Chapter of the American Planning Association is offering a one -day
Planning Commission Training on November 16, 2010 in Juneau (see attached material).
It is being held in conjunction with AML's Annual Meeting. I know many city budgets
are tight, but you might want to consider sending commissioners to this training...
especially considering DCRA's onsite Planning Commission Training is pending
management approval. Just a thought...
Regards,
Nicole Grewe, Ph.D.
Development Specialist II
Division of Community and Regional Affairs
Juneau, Alaska
Direct: (907) 465-8249
Email: nicole.grewe@alaska.gov
Website: http://www.commerce.state.ak.us/dca/
57
U.S. Department of Homeland Security
500 C Street, SW
Washington, DC 20472
RECEIVED
OCT 2 5 2010
OCT 1 2 2010
Phillip Oates
Seward City Manager
Post Office Box 167
Seward, Alaska 99664
Dear Mr. Oates:
F
J�.yo^�TA�S FEMA
.ok
!.5
ytis
,Dytq ND S�CJ4<.
Congratulations! The Department of Homeland Security, Federal Emergency Management Agency (FEMA),
has determined that your community will increase to a Class 7 in the National Flood Insurance Program
(NFIP) Community Rating System (CRS). The floodplain management activities implemented by your
community qualifies it for a 15 percent discount in the premium cost of flood insurance for NFIP policies
issued or renewed in Special Flood Hazard Areas on or after October 1, 2010. This increase is based on a
field verification of your five-year cycle CRS application. I am enclosing the field verification report
showing the results of your application review for your records.
Please note Preferred Risk Policies, applicable in Zones B, C, and X, on your community's NFIP Flood
Insurance Rate Map are not eligible for the CRS discount. Standard rated flood insurance policies in Zones
B, C, X, D, AR, and A99 are limited to a CRS discount of ten percent in Class 1-6 communities and five
percent in Class 7-9 communities. The rates for these zones already reflect significant premium reductions.
If there are no NFIP noncompliance actions, the CRS rating for your community will automatically be
renewed annually and a notification letter will not be sent to your community. This renewal will occur as
long as your community continues to implement the CRS activities you certify each October. If no additional
modifications or new CRS activities are added, the next verification visit for your community will be in
accordance with its established five-year cycle or three-year cycle for CRS Class 5 or better communities. In
the interim, FEMA will periodically send the NFIP/CRS Update Newsletter and other notices to your CRS
Coordinator to keep your community informed.
I commend you on your community actions and your determination to lead your community to be more
disaster resistant. This commitment enhances public safety, property protection, and protects the natural
functions of floodplains, and reduces flood insurance premiums.
If you have any questions or need additional information, please contact the FEMA Region X Office, CRS
Coordinator, Jeff Woodward, CFM, by telephone at (425) 487-4664.
Enclosure
cc: Donna Glenz, CRS Coordinator
Sincerely,
�— /�11"i l
Sandra K. Knight, PhD, PE
Deputy Federal Insurance and
Mitigation Administrator, Mitigation
58 www.fema.gov
COMMUNITY
RATING
SYSTEM
City of Seward, AK
NFIP Number: 020113
Date of Verification Visit: July 9, 2009
VERIFICATION
REPORT
Verified Class 7
Cycle
This Verification Report is provided to explain the recommendations of Insurance
Services Office, Inc. (ISO) to DHS/FEMA concerning credits under the Community
Rating System (CRS) for the above named community.
A total of 1522 credit points are verified which results in a recommendation that the
community improve from a CRS Class 9 to a CRS Class 7. The following is a summary
of our findings with the total credit points for each activity noted in parenthesis:
Activity 310 — Elevation Certificates: City Hall maintains elevation certificates for new
and substantially improved buildings. Copies of elevation certificates are made
available upon request. Elevation Certificates, plans, regulations and other records are
maintained in a secure location away from the permit office. (66 points)
Activity 320 — MVlap Information Service• Credit is provided for furnishing inquirers
with flood zone information from the community's latest Flood Insurance Rate Map
(FIRM), publicizing the service annually and maintaining records. (140 points)
Activitv 330 — Outreach Projects: An outreach brochure is mailed annually to all
properties in the community's Special Flood Hazard Area (SFHA). The community also
provides flood information through displays at public buildings. (123 points)
Activitv 340 — Hazard Disclosure: Credit is provided for state and community
regulations requiring disclosure of flood hazards. (10 points)
Activitv 350 — Flood Protection Information- Documents relating to floodplain
management are available in the reference section of the Seward Public Library,
(30 points)
Activity 420 — Open Space Preservation: Credit is provided for preserving
approximately 22 acres in the SFHA as open space. (740 points)
Activity 430 — Hiaher Regulatory Standards Credit is provided for a Building Code
Effectiveness Grading Schedule (BCEGS) Classification of 414, and implementation of
building codes. (144 points)
59
City of Seward, AK
NFIP #: 020113
Page 2
Activity 510 — Floodplain Management Planning: Credit is provided for the adoption
and implementation of the Floodplain Management Plan. (81 points)
Activity 610 — Flood Warning Program: Credit is provided for a program that
provides timely identification of impending flood threats, disseminates warnings to
appropriate floodplain residents, and coordinates flood response activities. Credit is
also provided for the designation as a Tsunami Ready Community by the National
Weather Service. (120 points)
Activity 630 — Dam Safety: All Alaska communities currently receive CRS credit for
the state's dam safety program. (68 points)
Attached is the Community Calculations Worksheet that lists the verified credit points for
the Community Rating System.
CEO Name / Address:
Phillip Oates
City Manager
Post Office Box 167
Seward, Alaska 99664
Date Report Prepared: February 16, 2010
CRS Coordinator Name / Address:
Donna Glenz
Associate Planner
Post Office Box 167
Seward, Alaska 99664
(907) 224-4048
Community: City of Seward, AK
NFIP Number: 020113
720 COMMUNITY CREDIT CALCULATIONS
(Cycle):
CALCULATION SECTION:
Verified Activity Calculations:
Credit
c310 66
c320 140
66
c330 123
c340 10
c350 30
_
0
c360
30
c410 x CGA =
---
_
c420 667 x CGA---
c430 130 x CGA 1.11 -
740
c440 x CGA =144
c450 _ x CGA =
c510 81
-- -- --
c520
81
c530
c540
_
c610 120
c620
120
c630 68
--
68
722 Community Classification Calculation:
cT = total of above
cT = 1522
Community Classification (from Appendix C): Class = 7
CEO Name/Address: CRS Coordinator Name/Address:
Phillip Oates
City Manager
Post Office Box 167
Seward, Alaska 99664
Date Report Prepared: February 16, 2010
Donna Glenz
Associate Planner
Post Office Box 167
Seward, Alaska 99664
(907) 224-4048
AW-720
61
CITY OF SEWARD
P.O. BOX 167
SEWARD. ALASKA 99664-0167
October 7, 2010
Greg and Arlene Carpenter
P O Box 922
Seward AK 99664
• Main Office (907) 224-4050
• Police (907) 224-3338
• Harbor (907) 224-3138
• Fire (907) 224-3445
• City Clerk (907) 224-4046
• Engineering (907) 224-4049
• Utilities (907) 224-4050
• Fax (907) 224-4038
RE: Nonconforming Use Certification for Lots 17, 18 and 19, Block 8, Original Townsite of
Seward, 510 Railway.
Dear Mr. and Mrs. Carpenter,
This letter is in response to your request for non -conforming use certification on the above described
property. Lots 17, 18 and 19, Block 8, Original Townsite of Seward are located within the Central
Business (CBD) Zoning District. The Seward Zoning Code, Land Uses Allowed Table currently
does not all detached single family homes within the Central Business District.
City records document the single family home on Lots 17,18 and 19, Block 8, OTS was in existence
prior to the 1964 earth quake and prior to local Zoning Codes. The area was initially zoned
Residential and then later re -zoned to Central Business District by Ordinance 93-07. The structure
has been continually used as a single family home with a secondary business use. The use is thereby
determined to be a legal non -conforming use as a single family home.
According to the Zoning Code, nonconforming uses are allowed to continue until the use is
discontinued for one year or the structure associated with a nonconforming use is destroyed.
If you need any additional information, please call my office at (907) 224-4048.
Sincerely,
City of Seward, Alaska
Vllj.ih�en,
Associate Planner
cc: P&Z Commission
Subdivision Files
"'�y 1 10/28/2010 9:32 AM
December
2010
December
S T F M T W T S
January 2011
S M T W T F S
1 2 3 4
-1
5 6 7 8 91011
2 3 4 5 6 7 8
12 13 14 15 16 17 18
9 10 11 12 13 14 15
19 20 21 22 23 24 25
16 17 18 19 20 21 22
26 27 28 29 30 31
23 24 25 26 27 28 29
30 31
Monday
Tuesday
Wednesday Thursday
Friday
December 1
2
1 3
12:00pm PACAB Meeting 7:00pm Fish & Game
Advisory
6 7
7:30pm P&Z Meeting
13
5:30pm FW: Fish
Enhancement
Work Session
(Jeff Milton)
7:00pm City Council
Meeting
8 9
11:30am Seward
Community
Library & Museum i
Building
Committee
(Library
Basement)
i
14 15 16
12:00pm PACAB Work 9:00am Social Security
Session Rep
6:30pm Historic
Preservation
Meeting
6:30pm P&Z Work Session
27 - -: _ - 28
7:00pm City Council
Meeting
101
---22---- __ _ 23 2
12:00pm Offices Close at Merry Christmas (Offices Clos
Noon
I
I
29__- _—.._...__ 30 - 31
Happy New Year (Offices_Clos,
Nanci Richey 2 10/28/2010 9:32 AM