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HomeMy WebLinkAbout04152008 Planning & Zoning MinutesCity of Seward Alaska Planning Commission Minutes Apri115, 2008 Volume 6, Page 2 62 Call to Order The April 15, 2008 Special Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Roach' led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Sue McClure Sandie Roach' Steven Heinrich Margaret Anderson comprising a quorum of the Commission; and Bob Hicks, Community Development Director Anne Bailey, Executive Liaison City Administration Report Community Development Director Bob Hicks updated the Commission of the following business items: • There were no reported violations, interpretations or abatements. • The P & Z May meeting would be held on Thursday, May 8, 2008 rather than Tuesday, May 6, 2008 due to the Kenai Peninsula Borough Assembly Meeting. • A Nuclear Power Discussion would be held at the Rae Building on April 1 b, 2008 at 6:30 p.m. • The Sales Tax Cap Council Work Session would be held on May 5, 2008 at 7:00 p.m. • The Building Code Work Session had been rescheduled to May 7, 2008. The Building Code Change Ordinances would be introduced at the Apri128, 2008 Council Meeting, the Work Session would be held and than considered at the next Council meeting for enactment. In response to Keil, Hicks stated the temporary issue was no longer a prohibition unless someone from Council put it back in there. • A Commissioner had requested that Cazol Griswold be given an opportunity to give an Industrial Setback Presentation during citizen comments but due to circumstances Griswold would present during the public hearing portion of the meeting. .r City of Seward, Alaska Planning Commission Minutes April 1 S, 2008 Volume 6, Page 2 6 3 • Requested a work session be scheduled to Discuss Title 15. ~r.. • Doug Gasek and Judy Bittner from the State Historic Preservation Office would attend the P & Z/HP Joint Work Session on May 20, 2008 to discuss historic districts. • Unit Company was awarded the Long Term Care Facility contract. In response to Keil, Hicks stated an Opening Ceremony would occur but the date and time had not been set. Other Reports, Announcements & Presentations -None. Citizens' Comments on any subject ezcept those items scheduled for Public Hearing - DJ Whitman, outside City limits, expressed his disappointment in the Community Development Department for not allowing Seward Ships and other businesses to utilize temporary tent structures for green houses this year. He stated that historically the City had allowed this by permit and it was determent to the community to not allow these structures in the setbacks fora 90 day period. Approval of Agenda and Consent Agenda - Motion (Heinrich/McClure) Approve the Agenda and the Consent Agenda By general consensus, Set a Work Session to Discuss Title 15 was added to the Agenda as New Business Item B. Motion Passed as Amended Unanimous Consent The following items were approved under the Consent Agenda: April 1, 200$ Regular Meeting Minutes Unfinished Business Items requiring a Public Hearing -None New Business Items requiring a Public Hearing - RESOLUTION 2008-06 Amending the Original Conditional Use Permit Issued to Nathan Orr by Resolution 99-04 to Allow Demolition, Remodel and Construction of an Additional 22 Unit Motel on Lot 3A, Block 18, Federal Addition, Orr Replat, 909 Fourth Avenue Hicks reviewed Resolution 2008-06 and the proposed change for the Motel. He asked the Commission to review the parking requirements and stated the applicant understood the possibility ~.., of utility upgrades. Hicks stated staff recommended the Commission grant the Conditional Use Permit subject to stated conditions and parking consideration. City of Seward, Alaska Planning Commission Minutes April l S, 2008 Volume 6, Page 2 6 4 Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside City Limits, mentioned the Hotel Edgewater requirement for an offsite parking lot and the requirement to have adequate parking within 600 feet. She stated it was a busy area of town and hoped there would adequate parking to accommodate the renovation. Nathan Orr, inside City limits, stated there was adequate parking at the Motel now and would be once the construction was completed. He discussed the Hotel Edgewater parking situation and the code requirements for a parking lot. He stated he would provide enough parking spaces and appreciated the consideration for a slight reduction in parking. He continued it seemed pointless to rent parking spaces somewhere that would never be used, there was parking available adjacent to his property and he did have enough room on the footprint to park the cars. In response to Roach', Orr stated the on street parking was located on D Street and at the ball field. In response to Heinrich, Orr stated due to the nature of the drawing there really was not an 11 foot strip of property available for parking. Orr stated there would be room to have more cars but he was concerned with creating an ingress and egress problem for the public street. In response to Keil, Orr stated administration had discussed power upgrades and stated they would demolish the two old buildings and build one new building that resulted in 34 rooms. In response to Anderson, Orr confirmed the main entrance would be off of Fourth Avenue; he discussed the flow of traffic and stated the motel would be a two story structure. No one else requested to be heard and the public hearing was closed. Motion (Anderson/Roach') Approve Resolution 2008-06 In response to Heinrich, Keil stated the parking issue could be amended if the Commission decided too. Motion (Anderson/Heinrich) Amend Resolution 2008-06 by striking Section 2, Item 2 and replacing it with the following: A total of 28 off street parking spaces will be provided for the 34 unit Motel during the life of the motel. The location of the 28 parking spaces required must be approved by the staff through the Building Permit Process. Heinrich stated the parking would be adequate. City of Seward, Alaska Planning Commission Minutes April l S, 2008 Volume 6, Page 2 6 5 In response to Roach', Anderson stated the 28 parking spaces were 80% of the rooms. Kell stated she was comfortable with the amendment and mentioned the Edgewater parking lot and the desire to see the lot utilized. Roach' agreed the Edgewater property was underutilized because the on-street parking was utilized heavily along 5'~ Avenue. She voiced her concern with using the on-street parking near the ball field for hotels and motels. She stated the parking requirements needed to be revised. Anderson commented the applicant wanted to provide parking for his tenants but one parking space per unit was not necessary. Motion Passed Unanimous Anderson referenced Section 2 Item 5 and felt the section should be amended to provide more upfront cost analysis to the applicant, Motion (Anderson/Heinrich) Amend Resolution 2008-06 by striking Section 2, Item 5 and replacing it with the following: The applicant, during the building permit process, will be given a cost estimate regarding the developers financial responsibilities regarding required upgrades to any public utility. Should there be substantial costs differences between the City and developer on up-front financial responsibiUties, an appeal process should be provided to resolve any differences. Heinrich wondered how the Commission would administer this requirement. He asked who would make the cost estimate. Hicks responded this was a standard provision and had nothing to do with a Conditional Use Permit. He stated this dealt with utilities, building codes and decisions would be made by the Electric Department and City Manager. He stated he would discuss this with his staff and try to provide this type of information. Kell commented this had less to do with this applicant and more to do with the next applicant. Hicks discussed the current situation and stated it was more complex than the P & Z level. City of Seward, Alaska Planning Commission Minutes April IS, 2008 Volume 6, Page 2 6 6 Anderson explained her concern that developers were hit with unforeseen costs and it would be nice to be provided an upfront cost. Hicks interjected the department would need more than a site plan to make these estimates. Motion Failed Main Motion Passed as Amended Yes: Anderson No: Heinrich, Keil, McClure, Roach' Unanimous RESOLUTION 2008-07 Granting a Conditional Use Permit to Tom Swann to Construct aFour-Unit Townhouse Complex Within the Central Business District on Current Lots 7-14, Block 7, Original Townsite of Seward at the Corner of Ballaine and Railway, 223 Ballaine Boulevard Hicks reviewed Resolution 2008-7. He stated the plan met the townhouse code requirements and the applicant would complete the horizontal property regime act. He discussed the Comprehensive Plan and the possibility of utility service upgrades. Hicks stated staff recommended the Commission grant the Conditional Use Permit subject to stated conditions. Hicks stated he would talk to staff about discussing costs and additional expenses with the applicants. In response to Anderson, Hicks stated the by-laws of the homeowners association were currently in the City code and was required for townhouses under the Horizontal Regime Act. Keil discussed the utility upgrade and asked who was responsible for the upgrade cost. plan. In response to Heinrich, Hicks stated the driveways were acceptable according to the site Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Tom Swann, inside City limits, explained the fire hydrant issue and he discussed the Horizontal Regime Act. No one else requested to be heard and the public hearing was closed. Motion (Heinrich/McClure) Approve Resolution 2008-07 Keil stated there were a lot of good findings on this and was happy issues discussed at the work session were resolved. Ro~~}' como}ended t~~ w~olg p~oces& of having a work session be~pfi~ t~ lneetipg to discuss issues ahead of time. City of Seward, Alaska Planning Commission Minutes April l S, 2008 Volume 6, Page 2 6 7 Motion Passed Unanimous Commission recessed at 8:15 p.m. to 8:21 p.m. RESOLUTION 2008-08 Recommending the Seward City Council Amend the Development Requirements of the Seward City Code Table 15.10.220., To Decrease Required Front Setbacks Within the Industrial Zoning District From 20 Feet to 10 Feet Hicks stated this Resolution began with a request to put a greenhouse up at Ace Hardware within 10 feet of the road way and according to the law this structure was not allowed. Hicks stated Ace Hardware chose to attempt an ordinance change and the City submitted the information to City Council and Planning and Zoning simultaneously. He explained the zoning district setbacks and discussed the opposition to this change and department concerns. He stated administration supported Resolution 2008-08. In response to Keil, Hicks stated this change only dealt with the front setback. In response to Roach', Hicks stated the electric department was concerned with utility easements. Heinrich asked if a variance was available for a setback in order to look at issues at a case by case basis. He continued to ask if there was a better approach than just changing the ordinance and if permanent structures could be considered. Hicks summarized that Heinrich was suggesting permanent structures being prohibited and to allow the Commission to relax some of the requirements per instances and criteria. He reiterated that in 2004 P & Z had approved the setback change and City Council had voted against it. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside City limits, provided a PowerPoint presentation on the setbacks in the Industrial zone. She reviewed the purposes of setbacks, what was required in the industrial zone and reviewed the zoning and land use maps. Griswold showed photos of the industrial area and discussed enforcement issues and other areas of concern. Jerry Waliezer, outside City limits, commented on how he was affected as a businessman in Seward's industrial area. He stated he owned the land and some of the buildings were built before compliance was an issue. He mentioned if he had better utilization of his property it would lower costs and provide some flexibility. He continued he was concerned. with the customers, parking, aesthetics, safety and providing goods and services the City of Seward needed to have a healthy economy. City of Seward, Alaska Planning Commission Minutes April 1 S, 2008 Volume 6, Page 2 6 8 DJ Whitman, outside City limits, thanked Griswold for her display and provided an outline of the Leirer subdivision development, compared the harbor commercial and industrial zones, stated the area was irregularly shaped and how the property and businesses were affected by setbacks. He clarified that he was not concerned about the greenhouse but was concerned about the development and asked the Commission to thoroughly consider the issue. Tom Tougas, inside City limits, explained that he had submitted plans for a canopy but was denied due to the 20 foot setback issue. He spoke in favor of the 10 foot setback in order to do repairs that need to be completed. Kevin Clark, inside City limits, spoke in favor of the Ordinance change and provided background information on the setback issue. No one else requested to be heard and the public hearing was closed. Motion (Anderson/McClure) Approve Resolution 20(18-0$ Heinrich disclosed that Mr. Whitman was his boss and asked if this was a conflict of interest. Keil ruled that Heinrich did not have a conflict of interest. Heinrich mentioned his concerns with changing the setbacks and noted that the findings seemed to lack information on what was being fixed. Anderson spoke in favor of the setback change and stated other issues, problems and violations needed to be considered. Keil supported the setback change and would ask the City to look into enforcement issues. Roach' spoke in opposition to the setback change. She compared the harbor commercial and industrial setback requirements and stated there were problems with the code. She stated she was pro-development, discussed the pictures in Crriswold's presentation and reiterated that this would not only change the Leirer subdivision but the whole industrial area. Heinrich asked if this would be addressed in the Title 15 rewrite and said there were not enough findings to justify this change in the Ordinance. He reiterated the proper place to do this would be during the Title 15 rewrite. Anderson asked if it would be appropriate to identify a particular area far the setback ,,,~„~, reduction rather than the whole industrial area. City of Seward, Alaska Planning Commission Minutes April l S, 2008 Volume 6, Page 2 6 9 ,,~ Hicks replied that it would be possible to amend the resolution to designate a sub- district within industrial zoning for purposes of the Commissions recommendation to Council. Motion (Anderson/Heinrich) Council to consider reducing the front setback from 20 to 10 feet only in the Industrial Zoning District north of Port Avenue, Leirer Road east to the railroad Coal Loading Facility and north to the Leirer Road Seward Highway intersection Roach' asked if we could have a boundary. McClure asked if there was an official designation of the Leirer subdivision. Hicks stated if the Commission passed their recommendation tonight he would have to look at map. Anderson commented she would like the AVTEC property included too. change. The Commission discussed the boundary they would like included in the industrial setback Roach' asked about significantly changing the Resolution title and if that was within P & Z's boundary since it was not publically notified with that definition. Hicks replied that the Commission could modify the title. Keil stated that she still supported ten foot setbacks in all industrial areas. Heinrich wished there was more information to support this change. Anderson made a point of order and described the industrial area to have the ten foot applicable setback as the area north of Port Avenue; east to the railroad tracks and north of the street off of the highway. She stated she would like a legal description and this would encompass the inconsistencies and cover the areas discussed before. The Commission discussed this industrial area and what would be affected by the amendment. Motion Passed Unanimous City of Seward, Alaska Planning Commission Minutes April l S, 2008 Volume 6, Page 2 7 0 McClure stated the amendment addressed some of the concerns and was a useful modification. Heinrich apologized for being cautious and wanted to add bringing non-conforming structures into compliance to the findings. Main Motioned Passed As Amended Unanimous Unfinished Business -None New Business -- Set a Work Session to Discuss Title 15 In response to Anderson, Hicks stated there were not any items on the agenda for the May 8, 2008 meeting and stated the Commission could cancel there regular meeting or have the work session to discuss Title 15 at 6:30 p.m., have the meeting and then continue the work session. By genera! consensus, the Commission decided to hold the Title 15 Work Session at 5:30 p.m. and the Regular Meeting at 7:30 p.m. on May 8, 2008. Informational Items and Reports (No action required) -None Commission Cowmen#s - Anderson stated she was glad the industrial issue was discussed, she appreciated Griswold's information, and there was a lot of work to do with the code. She continued the grandfather issue needed to be addressed, a lot of items needed to be considered on an individual basis and would be interested in knowing about variances and consider rezoning some areas. Roach' thanked Griswold for her presentation and was pleased the Commission separated the industrial area because she would not have supported the whole industrial area. She thanked the public for attending. Heinrich appreciated the amendments which helped the Commission reach common ground. He suggested the City look at enforcement issues. Keil thanked Griswold for her presentation and the public for attending. Citizens' Comments -- Kevin Clark, inside City limits, thanked Griswold for her hard work, reiterated the process the industrial setback issue had gone through and stated he understood why they isolated the Leirer subdivision but he did not see anything wrong with the rest of the industrial area. He discussed the City of Seward, Alaska Planning Commission Minutes April 1 S, 2008 Volume 6, Page 2 71 other side of the bay and how a developer may want to develop all of the land they were paying for and stated he understood the intent but the Commission may be faced with this issue again. Carol Griswold, inside City limits, thanked the Commission for suspending the rules for her presentation. She stated enforcement was critical, the setbacks were there for a purpose and the public needed to be protected from the chemicals in the area. She suggested areas that needed to be considered for rezone, stated this change might not solve all of the issues and discussed the industrial zone considered for the setback change. She thanked the Commission again. Commissions and Administration Response to Citizens' Comments - Roach' thanked the public and stated the visuals were helpful. McClure voiced. her concern that the amendment be worded correctly. Hicks replied he would make a map and he knew what the intent of the Commission was. He stated Griswold took him on a tour of the industrial area and noted there were a lot of problems in the area. He asked Griswold to keep her presentation for future use. Adjournment Meeting adjourned at 9:41 p.m. .. ~ ~~ n ~ Anne ailey, ` Executive Liaison ~..•.•••~t,,,~ ~~.• OF SE Vy •~ ~4 (City Seal) ~ C~ ° ~~ ~,a~: p ~ 0 ~ ~ r:..i ~ n ~1,J ~ • ~ 'S ...1~~ f ~ ~~~ ~ ~ .,, rF aF a ~,,~ ,~' ' ~~-- 'anna Keil Chair