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HomeMy WebLinkAbout01202009 Planning & Zoning MinutesCity ofSewurd, Alaska Planning Commission Minules January 2D, 1009 6'olume 6, Page 3 0 3 Call to Order The January 20, 2009 Special Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Roach'. Opening Ceremony Chair Anderson led the Pledge of Allegiance to the flag. Roll Call There were present: Sandie Roach' presiding, and Sue McClure Cindv Ecklund Steven E leinrich Margaret Anderson comprising a quorum of the Commission; and Christy 'ferry, Community Development Director Donna Glenz, Associate Planner Anne Bailev. Executive Liaison City Administration Report Community Development Director Christy Terry updated the Commission of the following business items: • Tena Morgan had turned in a Planning and Zoning application and would go before Council on January 26, 2009. Two other applications had been picked up and not yet returned. • The Long Term Care Facility was moving forward without any major issues. The crews were working on the interior of the resident lodges and commons building and the exterior work continued as weather permits. • Update on Community Development Projects: ^ Development recommendations for the North Harbor area (PACAB/Harbormaster). ^ Move forward city plats including the South Harbor Uplands Plat, North Harbor Plat, and survey the Land plan for the Library Museum and vacate the interior lot lines. ^ Effort to obtain the emergency escape route for the Two Lakes Park area. ^ Develop priorities list and projects for the flood hazard areas. ^ Resident meeting for the Mill Street drainage project. ^ Kept track of the Kenai Peninsula Borough 1?conomic Development Department „_ Organizational Meetings for the proposed resurrection of the Kenai Caucus. ^ Worked with FEMA ou mapping and training items. Cith of Seward, Alaska January 20, 2009 Planning Commission Minutes Volume 6, Page 3 0 4 ^ Had partnered with the Clerk's office to purchase some iWorks software that would manage the permitting system and database for code enforcement. ^ Had emailed the Commission the Alaska Kailroad 2009 projects for review. • Terry referred to page 13 of the packet and provided an update on the 2008 Commission priorities. • The Associate Planner would attend more Planning and 7.oning meetings. • Reported Violations, Interpretation and Abatement: Reviewed basic zoning interpretation questions (flood zoning designation, building permits, business license and membrane structure permits. 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 (Anderson/McClure) Approve the Agenda and the Consent Agenda Motion Passed Unanimous The following items were approved on the Consent Agenda: December 16, 2008 Special Meeting Minutes Unfinished Business Items requiring a Public Hearing -None New Business Items requiring a Public Hearing - RESOLUTION 2009-01, Recommending the City Council Amend Land Uses Allowed Table 15.10.225. to Allow Lodging, Multi-Family Dwelling Apartment by Conditional Use Permit (CUP) Within the Harbor Commercial Zoning District (HC) Glenn reviewed Resolution 2009-O1 recommending the attached ordinance be forwarded to City Council for approval. She stated the Hazbor Commercial district had evolved from a primazily industrial area to a more retailed tourist area and currently allowed nightly lodging within hotels and motels by conditional use permit but not within amulti-family structure. Staff had received and addressed comments from a member of the public and the information had been provided to the Commissioners via email and as a laydown. She explained the Harbor Lights Condos were the only multi-family structure in the Harbor Commercial district. Glenn provided the condos history and stated that no new multi-family units could be built or developed today. She referred to and explained the Harbormaster's staff report. Glenn stated the Harbor Light Condo owners were in the audience and reiterated the zoning change affected the entire Harbor Commercial area. Staff recommended the approval of the zoning request and moving the ordinance to Council. City of :Seward, Alaska Planning Commission Minutes January 20, 2009 Volume (, Page 3 0 5 „_, In response to Heinrich, Glenz stated nightly lodging would be allowed by conditional use permit but would have to meet the zoning criteria for nightly lodging. "ferry clarified there would be nightly and monthly lodging and the non-conforming use of a monthly rental into closer conformity of the intent of the Harbor Commercial district. Heinrich wondered if this was fair to other businesses in the area, if a manager would be on site, and if there would be conflicts between nightly and monthly renters. In response to Heinrich, Terry stated they had worked extensively with the fire Department and the Police Chief had no comment. She noted that if there were concerns they could be addressed during the Conditional Use Permit process. In response to Ecklund, Glenz stated that having a manager on a site with five or less units was not a requirement and clarified the Commission was not awarding a Conditional Use Permit tonight. In response to Anderson, Terry said. the ordinance would have to be approved by Council and than if it is approved the Conditional Use Permit would come before the Commission. Terry addressed the assessment for the Harbor Lights Condos and stated it was fee simple land and the majority of the Harbor Commercial district was leased land. .. Glenn referred to the zoning map and clarified the zoning of the area and when it occurred. Roach' stated a lot of the questions asked could be discussed when the CUP comes forward. In response to Ecklund, Glenn stated to have other buildings provide nightly lodging there would have to be a zoning change to allow amulti-family structure in the Hazbor Commercial district and a hotel or motel is allowed with a Conditional Use Permit. Terry interjected that in the zoning code many nightly lodgings were not allowed in the Harbor Commercial District. Ecklund clarified this would bring the structure into conformity allowing nightly lodging similar to the hotels and motels. In response to Ecklund, Glenn stated they are limited to renting five units per building for a potential of 10 units to be rented on a daily basis. She explained one unit would have to he rented to one entity. In response to Roach', Glenn stated the owners of the Harbor Light Condos had placed a request for nightly lodging a year ago and had considered doing ahotel/motel but due to the fire requirement it was not feasible, so, they approached a B & B situation. Ciry ofSewarcl, Alaska Planning Commission Minutes January 20, 2009 Volume 6, Page 3 0 6 In response to Heinrich, Glenz stated the Fire Chief is in support of allowing nightly lodging in amulti-family structure. She stated there would be an annual inspection of each unit in order to renew the business license each year but if it was a hotel it would have to be sprinkled. Roach' interrupted Heinrich and said the insurance questions could be addressed during the Conditional Use Permit process. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Dennis Bailey, inside City limits, owned the Ilazbor Lights Condos and supported this resolution. He stated they have tried for three years to get this accomplished and monthly/daily rentals were tough. Ile noted he'd prefer to rent to Seward residents annually or monthly but they currently had four units empty and would like the option to rent some units daily Heinrich noted his concern with insurance and the City's liability but stated he did not have a problem with this. Mary Bailey, inside City limits, stated they had purchased the condos with the intent to do monthly rentals to meet Seward housing needs but found it was hard to find clientele with the required income to live in them. She noted they had spoken to the tenants about this to address their concems, the insurance had been taken care of, and they did not do this to slip into a niche in the Harbor District. She wanted to retire in Seward and be a part of the community and she appreciated the Commissions concerns. Roach' stated she appreciated the goal of maximizing the use of the structure. Shc confirmed that each unit was designated for occupying one entity. Bailey stated she had advertised to see if this would work and they were targeting families as potential renters. No one requested to be heard and the public hearing was closed. Motion (McClure/Ecklund) Approve Resolution 2009-O1 McClure stated the owners and City had done their work and the Commission should say yes. Ecklund commended G1enz on finding a way to say yes and was interested in a discussion with the Fire Chief to make sure the fire concerns had been met. She appreciated the owners due diligence in communicating with the tenants and hoped it worked and became viable. Heinrich requested to add a finding saying that it would be in more compliance with the Hazbor Commercial Zoning district by allowing nightly lodging. City of Seward, Alaska Planning Commission Minutes January 20, 2009 Volume 6, Page 3 0 7 The Commission discussed adding an additional WHEREAS to the Ordinance or the Planning and Zoning Resolution. Glenz explained the Commissions option to amend the Ordinance or have it go before Council as written. Terry suggested amending Section 1. of the P & Z Resolution 2009-01 and add the WHEREAS clause there. Motion (Ecklund/Heinrich) Motion Passed Main Motion Passed as Amended Unfinished Business -None New Business - Amend Resolution 2009-O1 by amending Section 1. to read "The Commission recommends Council approval of Ordinance 2009-_, attached and incorporated herein by reference with the following additional WHEREAS, primary lodging within the Harbor Commercial District is nightly lodging; and" Unanimous Unanimous Set the Work Session topic for February 17, 2009 as the Annual Community Values and Comprehensive Plan Review Terry reported a large community wide review of the Community Values portion of the Comprehensive Plan had been held and many community members had provided input. She stated that the gathered information still needed to be reviewed and forwarded to Council and the Borough. She recommended not holding another large meeting but meet and review the suggested changes and decide how to handle the information. She explained the Annual Community Values and Comprehensive Plan review was one of the P & Z priorities and was a Seward City Code task. She noted a Special Meeting would be held on February 17, 2009 and the work session would have to begin prior to 6:30 p.m. or be held to an hour. Roach' stated the Annual Community Values meeting was a lot of work and thought the Commission needed to work on the information gathered. Anderson commented the public gets upset when public information and opinions are gathered and then the recommendations are not followed. City of Seward, Alaska January 20, 2009 Planning Commission Minutes Volume 6, Page 308 The Commission discussed if they would like to hold the work session at 6:00 or 6:30 p.m. Terry stated the Annual Community Values information would be distributed prior to the work session. Anderson mentioned she would not be in attendance in February. Terry suggested holding a work session on February 3, 2009. By general consensus, the Commission set the work session to discuss the Annual Community Values and Comprehensive Plan Review for February 17, 2008 at 6:30 p.m. Informational Items and Reports (No action required) - Please plan to attend the Planning and Zoning Commission and Seward Bear Creek Flood Service Board joint Work Sessions Revising SCC Chapter 15.25 Floodplain Management. These meeting will be held in the City Hall Upstairs Conference Room on January 20, 2009 from 6:30pm-7:30pm and January 22, 2009 from 6:30pm-9:30pm. Commission Comments - Heinrich stated he had received a phone call from someone asking what the height requirements or restrictions were for Seward. In response to Ecklund, Glenz stated the City was code compliant and attempted to help people come into compliance. She continued the City did not have the resources to ticket except when it was a life safety issue. McClure stated she would be unable to attend the work session on Thursday night. Citizens' Comments -None Commissions and Administration Response to Citizens' Comments - Teny thanked Roach' for her first meeting as the Chair. Adjournment Meeting adjourned at 8:52 p.m. `, _-: 7 _ Anna; Bailey ~'~ ••~~4,"~,,.~ • ~,.~ I/xecutive Liaison - ~ z,_;: (City Seal) 1sq~y~e J ~~ ~..yCJ ~~~P~IV , s "" ~;'`~~`~aySandie Roach' ~ ~,...:_ d- r r Psi ~`wfw~".~ 6rrr'rpgpp.~~~e~g~•®4.