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HomeMy WebLinkAbout09012009 Planning & Zoning Minutes City of Seward, Alaska Planning Commission Minutes September 1, 2009 Volume 6, Page 353 Call to Order The September I, 2009 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 Sue McClure Christina Stauffer Steven Heinrich Cindy Ecklund Tena Morgan comprising a quorum of the Commission; and Christy Terry, Community Development Director Donna Glenz, Associate Planner City Administration Report Community Development Director Christy Terry updated the Commission of the following business items: • Terry informed the Commission she planned to forward a link to them to access FEMA maps through either the FEMA website or Kenai Peninsula Borough website. • Terry noted she would contact the City Attorney about the Huns vs. Alaska case and update Commission with any information. • Bill Thomas, founder of the Green House Model of Senior Care had been in Seward and reviewed the new Mountain Heaven Facility. The Grand Opening was to take place on September 19 from 1 -3, with planned community ceremonies. • The City Manager was to speak at the World Trade Center on September 2 representing Seward's interests and projects. • The library museum co- location project was moving forward and Request for Proposals (RFP) were to be issued soon. Commissioners were also informed that $200,00(1 was to be transferred to the City from the "Friends of the Library" volunteer community group. A bond initiative had been added to the October 6 111 ballot for completion of this project. • The next regular Planning and Zoning meeting was scheduled for Thursday October 8 due to the election on October 6 Candidate's night was schedule for September 22''. City Council budget work sessions were to start September 14 The enterprise fund rate review work sessions were to start September 15 in the Council Chambers and the _ Planning and Zoning Commission work session was scheduled in the upstairs conference room that same evening. ('itv o/Seward, Alaska Planning Commission Minutes September 1, 2009 Volume 6, Page 3 5 4 • The owner of the Orlander building, next to Cover to Cover Books and the Ale house, had been sent a letter from Community Development indicating that compliance would not be pursued at this time, but offering up to $500 in reimbursement if receipts were furnished for repairs to the building. This offer was to benefit not only the building owner but the entire downtown area. • Terry noted she had scheduled two training opportunities for the Commission; Introduction to the Planning Commission parts 1 and 2. This training was scheduled for December 9, 2009 from 11 -12:30 or 3 -4:30. More information on the subject and the times would be presented. In response to question from Ecklund. Terry said the Requests for Proposal for the Library /Museum were open RFP, posted per City Code, run in the local paper and in the Anchorage Daily News. In response to question from Ecklund, Terry stated there had been three submissions to the request. all from Anchorage firms; two with more national components and the third was solely an Anchorage firm. A Notice of Intent to Award was to be ready by the end of the week. In response to question from Ecklund. Terry clarified there was a rubric for judging the proposals. approved by City Council. 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 (McClure /Stauffer) Approve the Agenda and Consent Agenda Motion Passed Unanimous Consent The following items were approved on the Consent Agenda: August 4, 2009 Regular Meeting Minutes Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing — Resolution 2009 -21 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, granting a variance from Seward City Code 15.10.220 Development Requirements to allow the annual temporary placement of a membrane structure within the 5 foot West setback, from October 15 through April 15 on Lot 1A, Block 1, Marina Subdivision, 1301 Fourth Avenue, within the Harbor Commercial Zoning District City of Seward, A lusku Planning Commission Minutes September 1, 2009 Volume 6, Page 3 5 5 Terry reviewed Resolution 2009 -21, she explained the applicant was out of town and had requested the Commission postpone their decision if there were questions staff was unable to answer. She reviewed the location and the requested variance noting the conditions listed in the resolution. She informed the Commission the use of the setback was for an annual six (6) month period from October 15` through April 15 The membrane structure was required to be permitted through the Fire Department annually, and the complete structure removed from the property during the summer months. Adequate safety and fire access and egress were to be maintained and reviewed annually by the Fire Department. No storage of any type shall be allowed under the stair way, no storage allowed within the membrane structure other than what was being used for vessel repair and /or maintenance. The applicant shall maintain all necessary state and federal permits to allow for vessel repair. In response to Stauffer, Terry explained the resolution had no end date noting the annual variance use of the setback was allowed indefinitely. In response to McClure, Terry explained the membrane structure that the applicant had placed in the past was not a manufactured structure and the applicant wanted something more eye pleasing. The applicant was required to comply with annual membrane structure permit review. In response to Ecklund, Terry stated that she did not know the space allowances between the building and the structure and the stairs and the structure. It had been reviewed by Fire Chief Squires. The placement of the proposed membrane structure was to allow adequate fire access according to planner Glenz. In response to Ecklund, Glenz stated the fire exit requirement to the north was per the Fire Department and met current fire code. In response to Chair Roach', Glenz stated that laddering for a building was set by height of a building and was one of the reasons this membrane structure was being pushed west into the setback which was to allow for adequate laddering on the main structure. In response to Chair Roach', Terry stated she was unaware of the type of maintenance planned within the structure. She noted maintenance would not be regulated by the City and she suggested saving questions on types of maintenance for the applicant if the Commission chose to postpone until the next meeting. In response to Ecklund, Terry stated there was a noise ordinance that covered the entire City, and would apply to the applicant in this variance as well. In response to Heinrich, Glenz stated the Breeze Inn, the neighboring property had not called, inquired or complained regarding the variance application. In response to Morgan, Terry stated the proposed membrane structure color was unknown and at this time not limited by the variance resolution. The applicant had presented a beige example. City q/ Seward, Alaska Planning Commission Minutes ,September 1, 2009 Volume 6, Page 356 In response to Ecklund, Terry stated the sign code would apply to the side of the membrane structure. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (McClure /Heinrich) Approve Resolution 2009 -21 McClure expressed that Mr. Clemons business was an asset to the community and the planned membrane structure looked more appealing than what had been used in the past and therefore she was in favor of the resolution. Heinrich stated because the variance had no end date that perhaps adding a sunset clause was the best idea. In response to Heinrich, Terry suggested postponing the resolution in order to talk to the applicant and have the attorney review the possibilities of adding a sunset clause to the variance. Morgan suggested the variance be reviewed at least every 5 years. Ecklund questioned if a sunset clause could be included in a variance and asked if the variance would transfer with the property to subsequent owners. In response to Ecklund, Terry stated the variance was a recorded document attached to the property. Stauffer supported the Commission having the ability to review the variance. Terry stated she did not believe the Commission could come back later and make stipulations to an original variance. She noted the applicant had requested the Commission postpone the resolution if there were unanswered questions. Heinrich stated the Fire Department and Building Department were to review the membrane structure permit every year, and felt the review would enforce the City Code. Ecklund requested if resolution was postponed the Fire Chief be present at next meeting to address her access concerns. Morgan stated her concerns with the variance were adding a time limit and the color of the membrane structure. City of Seward, Alaska Planning Commission Minutes September 1, 2009 Volume 6, Page 357 Chair Roach' listed the Commissioner's concerns as color of membrane structure, a time limit or sunset to the variance and access to the building if the fire connection is under the steps. Morgan requested the staff write possible amendments for the next meeting. Ecklund suggested thc Commissioner's prepare amendments as necessary after postponed resolution had been reviewed with thc applicant, questions asked and answered. Motion (Stauffer /McClure) Postpone Resolution 2009 -21 time certain to October 8 2009 meeting Ecklund expressed concern that the applicant intended to erect thc membrane structure October 15 and questioned whether another meeting could take place sooner than October 8` Terry noted the applicant had asked for a postponement in the event of questions and also stated that public notice requirements were required. Terry explained that should Fire Chief Squires be unable to attend the October 8' meeting another representative of the Fire Department would be present. Motion Passed Unanimous Unfinished Business- None MEMO New Business Set Work Session Topic for September 18, 2009 Terry stated that administration was requesting the Commission set "Updates to Title 15 Seward City Code" as the work session topic for September 18, 2009. She stated there was to be special notice for the completion of the Floodplain Section and start of the Sign Code Section. Commissioners unanimously concurred. Commissioner Ecklund requested that Bob Hicks be asked to include specific information as to what other communities had done with regards to grandfathering (nonconforming) clauses. Terry responded to Chair Roach' that she would work with the executive liaison to invite the llistoric Preservation Commission to the work session when their section was scheduled for review and update. Informational Items and Reports (No action required) — Alaska Journal of Commerce article — Seward Ships DryDock is Big Business City M Seward, .4laska Planning Commission Minutes .September 1, 2009 Volume 6, Page 3 5 8 Preserve America Community: Seward Alaska Recognition Commission Comments — Stauffer commented the flood board would be having a special work session before the September 21E' meeting from 7 -8 for all individuals who live in Questa Wood, Meridian Park Bear Lake and other flood prone areas. Heinrich extended his apologies for missing the last meeting. McClure complimented the Historical Society for their well attended Founders Day celebration. Morgan thanked Glenz and Terry for their hard work. Ecklund thanked the staff and clarified that Mr. Clemons should know that the commission had not intend to delay his project and was only concerned about the safety of the area. Also absentee voting would be starting soon so she encouraged all to vote. Roach' thanked Glenz for filling in as the clerk and expressed that staff should make sure the applicant know that the Commission just had a few concerns to be addressed. She encouraged Commissioners to do a visual cursory review of other community sign codes for the work session. Citizens' Comments —.None Commissions and Administration Response to Citizens' Comments —None Terry also encouraged Commissioners to list specific questions about signs that they may have and bring them to the next work session. Adjournment Meeting adjourned at 8:33 p.m. 1 ,'l row' e Sandie Roach' Executive Liaison Chair (City Seal) .•� "' tl•'tl• � o 0 0 ' •aa.n SER, S ♦ w • i► w �0 - Se 4 * ` n •' O♦ ..Mr ♦o. of ; )4 ..* tltl ftllQYf ���+