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HomeMy WebLinkAbout07192016 Planning & Zoning Minutes City of Seward,Alaska Planning Commission Minutes July 19, 2016 Volume 7, Page 192 Call to Order The July 19, 2016 Regular Meeting of the Seward Planning & Zoning Commission was called to order at 7:05 p.m. by Chair Cindy Ecklund. Opening Ceremony Commissioner Swann led the Pledge of Allegiance to the flag. Roll Call There were present: Cindy Ecklund presiding, and Martha Fleming Gary Seese Margaret Anderson Tom Swann Craig Ambrosiani comprising a quorum of the Commission; and 111 Donna Glenz, Planner Dwayne Atwood, Planning Technician Excused was David Carlton City Administration Report Planner Donna Glenz updated the Commission on the following business items: • Glenz welcomed new Commissioners Craig Ambrosiani and David Carlton. • A temporary burn ban had been implemented for Seward and the surrounding area. • No new floodplain development permits had been issued since the previous meeting. • The City of Seward had issued 37 building permits for the year. • The Orlander Building owner was working with the City Building Department to move a plywood façade back from the Fourth Avenue right of way. • Council recently passed Ordinance 2016-005, establishing regulations for commercial marijuana establishments. • Glenz noted that a contractor had been selected to demolish and remove derelict structures on First Avenue and on Madison Street. The ongoing project was to be completed October 1. • The Public Works Department had removed brush and trees from various City intersections to improve visibility. City of Seward,Alaska Planning Commission Minutes July 19, 2016 Volume 7,Page 193 • The Parks and Recreation Department was slated to move out of the Alaska Vocational Technical Center gym facility on August 1. • The City had added wireless internet service to the waterfront park area. • The Seward Marine Industrial Center breakwater project was on schedule and two barge loads of rock for the project had recently been placed. • The Planning and Zoning Commission quarterly report for April through June was provided to City Council at the July 11 meeting. Other Reports,Announcements & Presentations—None Citizens' Comments on any subject except those scheduled for Public Hearing— George Goen, inside City limits, thanked the City for placing a picnic table in the handicap campground area. Approval of Agenda and Consent Agenda Motion(Swann/Anderson) Approve the Agenda and Consent Agenda Motion(Fleming/Anderson) Move Resolution 2016-09 to be the first public hearing item on the agenda, listed as item 7 B 1. Motion (Anderson/Fleming) Pull Resolution 2016-10 from the consent agenda. Motion Passed Unanimous Motion Passed,as amended Unanimous The following item was approved on the Consent Agenda: May 3,2016 Regular Meeting Minutes Unfinished Business Items requiring a Public Hearing—None New Business Items requiring a Public Hearing— Resolution 2016-09 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council approve the attached ordinance amending the Land Use Plan and zoning designation of the west side of Second Avenue between Jefferson and Madison Streets from Single Family Residential(R1)to Urban Residential(UR) City of Seward,Alaska Planning Commission Minutes July 19, 2016 Volume 7,Page 194 Glenz noted the location of the proposed zoning area. The amendment was considered,per Code, because the area of the proposed rezone bordered the Urban Residential designation. In addition, property owners in the requested area signed an application. The area was also being considered because it contained more than one (1) acre. Glenz said Urban Residential zoning offered more commercial flexibility,but there was also support for the retention of Single-Family zoning. Staff had received several comments, which were included in the meeting packet and also as an informational lay down for the Commission, Glenz said. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside City, said she opposed the proposed zoning change to Urban Residential. Griswold presented a petition with 21 signatures and stated the residents who signed were opposed to the passage of Resolution 2016-09. Christy Audette Bagula, inside City, said Urban Residential zoning could bring higher traffic businesses into the neighborhood and opposed the proposed zoning change. Hernan Scarnichia, inside City, said he was opposed to some of the uses allowed under Urban Residential zoning, including multi-unit housing. Deb Kurtz, inside City, said she became acquainted with neighbors in the area of the proposed rezone and had enjoyed the character of the existing zoning and did not want more traffic. Kurtz said she wanted to retain Single-Family zoning. George Goen, inside City, said he recently moved to Seward and found the Second Avenue neighborhood to be charming and wanted to retain the current zoning. Tom Osborne, inside City, said he had lived in the neighborhood for 30 years and had enjoyed the quiet and the low level of traffic. He said he did not want congestion or noise and supported keeping the neighborhood's Single-Family zoning. Nathaniel Charbonneau, inside City, said he opposed changing the current zoning because of the potential negative impact to the community. Michele Meulendyk, inside City, spoke against the proposed rezone because of the potential impact to housing for year-round residents and seasonal workers. Andrew Bacon, inside City, said he opposed Resolution 2016-09 and all zoning changes that could result in more nightly lodging and less single family housing. Hearing no one else wishing to speak,the public hearing was closed. City of Seward,Alaska Planning Commission Minutes July 19, 2016 Volume 7,Page 195 Motion (Anderson/Swann) Approve Resolution 2016-09 Commissioner Ambrosiani, the primary applicant for the proposed rezone, requested a decision on a conflict of interest. The Chair agreed there was a conflict and, with the consensus of the Commission, Ambrosiani took a seat in the audience. Anderson said she lived in a neighborhood with a bed and breakfast business next door and had not experienced problems. She said the proposed zoning designation change to Urban Residential was not that different than Single-Family. Anderson said a church in the neighborhood could be converted to some other use, but that use would need to come before the Commission for approval. Swann said he opposed the resolution. Bed and breakfast operations were allowed in the Single- Family zone, but Urban Residential zoning included many commercial uses. Residents who purchased single family residences expected a certain lifestyle,he said. Fleming said she opposed the proposed rezone because she did not want added traffic in the neighborhood. Ecklund noted that the City Comprehensive Plan was under review and the land use map and zoning maps could be discussed during public meetings that were to be held during the next year. The various zoning district designations had varying allowed uses, and more public input was needed before making substantial changes, she said. Motion Failed Yes: Anderson No: Swann, Seese,Fleming,Ecklund Resolution 2016-07 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council approve the attached ordinance amending the Land Use Plan and zoning designation of Lot 9A, Block 17, Federal Addition Clark-Tougas Replat from Two Family Residential (R2) to Auto Commercial (AC) and Lots 10, 11 and 12, Block 17, Federal Addition, from Single Family Residential (R1) to Auto Commercial (AC) located between C and D Streets on the east side of Second Avenue Glenz described the three applicant properties for Commissioners, noting the location and surrounding neighborhood development. The parcel to the north of the proposed rezone area included a 12-unit employee bunkhouse, and land to the west included Urban Residential zoned parcels. Glenz said staff recommended approval. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. City of Seward,Alaska Planning Commission Minutes July 19, 2016 Volume 7, Page 196 David Struif, the primary applicant, said he purchased a property with two houses and he wished to use the second house as a "house rental on a nightly basis" and improve the property if the Auto Commercial zoning amendment was approved. Struif said he did not have plans for a major development. Struif noted that a tri-plex at the corner of Second Avenue and C Street did not meet development standards because it was in the Single-Family zoning district. The Auto Commercial zoning designation would also bring zoning uniformity to the remainder of the block, he said. Andrew Bacon, inside City, said he opposed the proposed rezone because he supported residential housing and did not support increased nightly lodging. Michele Meulendyk, inside City, said the current owners could sell the property after a zoning change and new owners could pursue substantial development. She said she wanted balance between housing and lodging. Carol Griswold, inside City, said the Auto Commercial zone had many commercial applications and could be very busy. She opposed the proposed Auto Commercial zoning, she said. Christy Audette Bagula, inside City, said she had been a bed and breakfast operator and the business did generate more traffic. She said it was increasingly difficult to fmd year-round housing. Hearing no one else wishing to speak,the public hearing was closed. Motion (Swann/Fleming) Approve Resolution 2016-07 Fleming questioned whether Struif could operate a bed and breakfast at his Two-Family zoned property. Glenz noted that the applicant wanted to rent one of the houses as a nightly rental, which was not allowed in that zoning district. A bed and breakfast needed to be owner occupied, Glenz said. Fleming asked why the applicant was seeking the Auto Commercial zoning designation, instead of the Urban Residential zoning designation. Glenz said the applicant considered the Auto Commercial zoning to the north and east and decided to apply to bring the remainder of the block into uniformity. ' Swann said he opposed the proposed rezone because Second Avenue had been a relatively quiet residential area and the Land Use Map supported the Single-Family zoning. Swann suggest the public participate in the Comprehensive Plan update and help determine guidelines for future zoning. City of Seward,Alaska Planning Commission Minutes July 19, 2016 Volume 7, Page 197 Seese suggested that Mr. Struif could, if he wished, build a breezeway between his two homes and perhaps meet Code requirements for nightly lodging for one single family home. Ecklund asked what use was allowed for the second house,besides a`monthly rental. Glenz explained that the applicant could only operate a monthly rental in the home that he did not occupy. Struif could not operate a bed and breakfast, because it would need to be owner occupied. He could not operate a house rental on a nightly basis, because the use was not allowed by Code. Ambrosiani said he opposed the resolution because the community needed to develop a good Comprehensive Plan that addressed the various zoning concerns and related issues. Anderson said she was in support of the resolution. Ecklund pointed out that the Land Uses Allowed table listed the various uses by zoning district and the community needed to participate in the Comprehensive Plan process to determine what level of development was acceptable in the various parts of town. Swann said the Auto Commercial zoning designation was more appropriate for Third Avenue properties than Second Avenue. Seese noted that most of the block was already Auto Commercial and supported the effort to rezone the remainder of the block to Auto Commercial. Motion Failed Yes: Seese,Anderson No: Fleming,Swann,Ambrosiani,Ecklund Ecklund asked staff when the applicants could resubmit an application for a change in zoning designation. Glenz said nothing similar could be submitted by the applicants for at least nine months, per Code. Resolution 2016-08 of the Planning and Zoning Commission of the City of Seward,Alaska, recommending City Council amend Seward City Code 15.25 Floodplain Management by adopting the October 20, 2016 revised Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS) as established by the Federal Emergency Management Agency(FEMA) Glenz provided the history of the National Flood Insurance Program and the City of Seward adoption of the insurance program and the required flood mapping. The proposed mapping updates were largely for the coastal zone. The City of Seward had been given a deadline of October 20, 2016 to adopt the new flood maps. City of Sewarct Alaska Planning Commission Minutes July 19, 2016 Volume 7, Page 198 Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Hearing no one wishing to speak,the public hearing was closed. Motion (Anderson/Seese) Approve Resolution 2016-08 Motion Passed Unanimous Unfinished Business—None New Business Items— Resolution 2016-10 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending Kenai Peninsula Borough approval of the preliminary replat of Lots 21A and 24A, Block 26, Original Townsite of Seward, Griswold Replat,creating one lot to be known as Lot 21B,Peck Replat Glenz noted the replat was submitted by surveyor Nick Cline to vacate an interior lot line and create a single parcel of approximately 15,000 square feet. The parcel would include one single family home. All of the utilities were provided and staff recommended approval, Glenz said. Motion (Anderson/Fleming) Approve Resolution 2016-10 Anderson noted that City Council had directed the Planning and Zoning Commission to pursue the platting and development of smaller lots. The proposed replat under consideration was an instance where more land would be dedicated to one home. Ambrosiani asked how many homes could be built on the property that was included in the proposed replat action. He also asked if there was any advantage or disadvantage to the City if the plat action were approved. Glenz said the lots, if in their original platting configuration, could have accommodated five small homes on five 30 foot by 100 foot lots. That level of development could have possibly generated more tax revenue for the City. Code did not currently allow platting of lots smaller than 6,000 square feet, Glenz said. Ecklund noted that the City Council had directed the Planning and Zoning Commission to investigate allowing platting of parcels smaller than 6,000 square feet. Glenz reiterated that the City of Seward did not allow platting of lots smaller than 6,000 square feet, and that the standard was established by the State of Alaska and the Kenai Peninsula Borough. City of Seward,Alaska Planning Commission Minutes July 19, 2016 Volume 7,Page 199 Ecklund said with Code revision, more small family homes could be developed on smaller parcels and staff had begun working on the issue. Motion Passed Unanimous Planning and Zoning Commission August Work Session Glenz noted no public hearing items had been received in time for the August 2 Planning and Zoning Commission regular meeting, but there was an opportunity to hold a work session to review the Hazard Mitigation Plan update. The plan approval was on a tight schedule and August 2 was the only good time for the public work session, she said. Glenz said the suggested the August 16 work session be dedicated to the proposed Code amendments that could facilitate the platting and development of 3,000 square foot lots. The Commission considered the schedule and agreed to cancel the August 2 regular meeting and hold a 6 p.m. work session on the Hazard Mitigation Plan update. The Commission also set the August 16 work session topic as the review of platting and development of 3,000 square foot lots. Informational Items and Reports,(No action required) FEMA Region X Newsletter 2016 Planning& Zoning Meeting Schedule and Calendar Commission Comments— Anderson noted she had not received Title 15 updates relating to new marijuana regulations. Glenz said the ordinance, which was recently approved, would be distributed to Commissioners in the morning. Fleming said she observed a driveway construction on Dairy Hill and there was some water backing up and flowing around the project area. Anderson also noted the water and that the position of the driveway required caution on the part of drivers. Ecklund thanked the public for attending and asked if anyone wished to speak. Citizens' Comments— City of Seward,Alaska Planning Commission Minutes July 19, 2016 Volume 7, Page 200 Carol Griswold, inside City, thanked the Commission and the members of the public who attended the meeting. She also said that small lots often became second homes and did not necessarily promote family housing. She said research was required. Commission and Administration Response to Citizens' Comments— Ecklund noted that members of the public could receive the Land Uses Allowed table if they wanted the information, which was discussed at various points during the evening. Staff could provide the information, she said. Swarm encouraged the public to participate in the update of the Comprehensive Plan. 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