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HomeMy WebLinkAbout04032018 Planning & Zoning Minutes City of Seward,Alaska Seward Planning&Zoning Commission Minutes April 3, 2018 Volume 7,Page 275 CALL TO ORDER The April 3, 2018 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Cindy Ecklund. OPENING CEREMONY Commissioner Charbonneau led the pledge of allegiance to the flag ROLL CALL There were present: Cindy Ecklund presiding, and Martha Fleming Nathanial Charbonneau Gary Seese Craig Ambrosiani Tom Swann • Comprising a quorum of the Board; and Also Present Jackie C. Wilde, Planner Andy Bacon,Planning Assistant Excused: Kelli Hatfield SPECIAL ORDERS,PRESENTATIONS AND REPORTS Administration Report Jackie Wilde updated the Commission on the following business items • Community Development has not received any new Floodplain Development permits since the last meeting • Planning staff is continuously working on a lodging audit • Wilde will be attending an assembly meeting on April 17, so Bacon will staff the work session,which will be held in the Annex Building • Wilde will not be available to attend the May 1 regular meeting Other Reports,Announcements,and Presentations CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING— Carol Griswold, inside city, requested that the Commission amend the agenda to move Item 7A under old business items requiring a public hearing to follow Item 7B under New Business Items Requiring a Public Hearing City of Seward,Alaska Seward Planning&Zoning Commission Minutes April 3, 2018 Volume 7, Page 275 APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Fleming) Amend the agenda to move item 7A under Old Business to follow 7B under New Business Motion Passed Unanimous Motion (Fleming/Swann) Approval of agenda as amended and_consent agenda The following item was approved on the Consent Agenda: Approval of March 6, 2018 Regular Meeting Minutes Motion Passed Unanimous New Business Items requiring a Public Hearing 2018-004 Resolution of the Seward Planning And Zoning Commission of the City of Seward, Alaska, granting a Conditional Use Permit to Micheley Kowalski for the'construction of a Single Family Dwelling on Lots 31-33 Block 15, Original Townsite, at 320 Third Avenue located in the Central Business Zoning District Wilde stated that the proposed development is allowed under the Land Uses table in the Central Business District with a conditional use permit. The current use of the property includes Resurrect Art Coffee House and attached owner-occupied dwelling.The neighboring property to the north is zoned Central Business District (CBD) and is currently used as a commercial kayak guide outfit. Properties to the east, immediately across the alley, and the parcel immediately to the south, are Central Business District (CBD), and are used as a church and a single-family home. Properties across Third Avenue to the west are all zoned Central Business District(CBD)and contain a mix of single-family homes and commercial uses.All setback,lot coverage and parking requirements shall be met. The project is supported by the City of Seward's comprehensive and strategic plans. As stated in the resolution, all conditions and findings of the Seward City Code have been met, and support of the approval of the Conditional Use Permit is subject to the conditions listed within the resolution. Since the printing of our packet we have received no public comment for or against this project. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Ristine Casagranda,inside city,stated that she owns property and operates a business within close proximity to the subject location and stated that she fully supports this project. Ecklund asked for confirmation that this project had been reviewed by other city staff such as the electric department. Swann stated that he would like to add a fifth condition that the property owner be required to maintain four off-street parking spaces to meet parking requirements for two dwelling units. City of Seward,Alaska Seward Planning&Zoning Commission Minutes April 3, 2018 Volume 7, Page 275 111 Hearing no one else wishing to speak,the public hearing was closed. Motion (Swann/Ambrosiani) Amend the Conditional Use Permit to add Item 5: The owner shall maintain four off street parking spaces Passed Unanimous Motion (Swann/Seese) 2018-004 Resolution of the Seward Planning And Zoning Commission of the City of Seward, Alaska, granting a Conditional Use Permit to Micheley Kowalski for the construction of a Single Family Dwelling on Lots 31-33 Block 15, Original Townsite, at 320 Third Avenue located in the Central Business Zoning District Motion Passed as Amended AYES: Swann,Ambrosiani,Charbonneau, Seese,Fleming,Ecklund NOES: none 2018-005 Resolution of the Seward Planning And Zoning Commission of the City of Seward, Alaska, granting a Conditional Use Permit to Peter and Jodi Toloff for the operation of a 9-Room Motel and Multifamily Dwelling on Lots 1-3 Block 11, Original Townsite, at 235 Third Avenue located in the Central Business Zoning district Wilde stated that the use of the property as a motel in the recent past has been permitted as a nonconforming use permitted under conditional use provisions,because it was initiated prior to the requirement of a CUP. In November 2017 Community Development received a business license application specifying additional uses as weekly and monthly rentals. Code states that this modification in use is subject to the requirements of §15.10.320 Conditional Use Permits. The proposed operation of a nine room motel and multifamily dwelling is allowed by the Land Use Table in the Central Business District with a Conditional Use Permit.The neighboring lots to the south are zoned CBD and include single family homes. The lots to the north are zoned CBD and include a church and office building. The lots to the east across Third Avenue are zoned CBD and Park and include a restaurant and the tot lot. The lots to the west across the alley are zones Rl and include single family dwellings. No adverse impacts to adjoining properties or other properties in the neighborhood are anticipated. All setback, lot coverage, and parking requirements shall be met. Community Development staff has worked with the owner on their parking plan. As stated in the resolution, all conditions and findings of the Seward City Code have been met, and support of the approval of the Conditional Use Permit is subject to the conditions listed within the resolution.Since the printing of our packet we have received one letter of support, and a copy of that has been provided as a laydown. City of Seward,Alaska Seward Planning&Zoning Commission Minutes April 3, 2018 Volume 7,Page 275 Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Ristine Casagranda,inside city,stated that she lives within close proximity to the subject location and fully supports the applicant in their efforts to improve upon this property and beautify the City of Seward. She also thanked Planning staff and Planning and Zoning Commissioners for the work they do. Swann asked for background on this application. Wilde summarized that the change in use of the property is what required the Conditional Use Application,and discussed the distinctions in the Code between nonconforming uses versus nonconforming structures.Fleming stated that she supports this project and complimented the property owner on their past attention to aesthetic quality. Wilde stated that the applicant had been doing a good job of maintaining the sidewalks adjacent to the subject property this winter.Swann stated that he is concerned that the Commission would approve a Conditional Use Permit for a hotel and not mandate a parking requirement,as has been done in the past. Swann asked for clarification on what aspect of the property made it nonconforming. Wilde read the specific section of Code that describes nonconforming lots, structures, and uses. Ambrosiani stated that the use has not changed, and that the previous property owner had been operating nightly and monthly rentals.Wilde stated that this type of use may have been taking place, but was not being reported to the City on their business license. Therefore there was no official knowledge of the use taking place. Ecklund stated that this Conditional Use Permit was simply meant to bring the property into compliance. Swann stated that if we are bringing the property into compliance then they ought to be required to provide parking. The Commission discussed the parking limitations that the applicant faces in light of the building already occupying most of the lot. Seese stated that street parking adjacent to the property along Third Avenue and Adams Street should be sufficient.Ecklund invited the applicant to the podium to answer a question about what parking they intended to provide on-site,and how current street parking patterns were configured adjacent to the property. Jodi Toloff stated that there were three on-site parking spaces provided behind the building along the alley.She also stated that there was ample room allowed for angled parking along Adams Street, thereby alleviating some congestion. Ecklund in response to Swann, stated that in some cases it is appropriate for the Commission to require parking in the CBD for hotels,but in the case of this particular property,the size of the operation and the availability of adjacent street parking should not require additional parking conditions be made.She compared this application to the Hotel Edgewater, which was proposed at 30 rooms, and that the Commission felt that this would overwhelm nearby street parking,and that is why they were required to maintain off street parking as part of their Conditional Use Permit. Swann stated that he wants to make sure that the Commission does not set a precedent for future developments in the Central Business District by not requiring parking for the applicant, and feels that requiring off street parking through the Conditional Use Permit process is an important tool for the Planning and Zoning Commission. Ecklund stated that the reason that the CUP process is in place is to look at each project individually and evaluate them independently of past Planning and Zoning decisions. She also stated that feels that in this instance the Commission has adequate justification to not require off street parking. Hearing no one else wishing to speak, the public hearing was closed. City of Seward,Alaska Seward Planning&Zoning Commission Minutes April 3, 2018 Volume 7,Page 275 Motion (Swann/Fleming) 2018-005 Resolution of the Seward Planning And Zoning Commission of the City of Seward, Alaska, granting a Conditional Use Permit to Peter and Jodi Toloff for the operation of a 9-Room Motel and Multifamily Dwelling on Lots 1-3 Block 11, Original Townsite, at 235 Third Avenue located in the Central Business Zoning district Motion Passed AYES: Fleming, Ambrosiani, Seese Charbonneau,Ecklund NOES: Swann Unfinished Business Items requiring a Public Hearing Resolution 2017-12 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council amend portions of Seward City Code Titles 2, 7, 8,And 15 to clarify campground uses, definitions, and requirements Wilde stated that a laydown has been presented containing the Planning and Zoning resolution to adopt the Ordinance, along with a copy of the Ordinance that contains amendments that were proposed by a member of the public to address some housekeeping changes. Wilde discussed the history of Camping Code revisions and stated that six work sessions had taken place in order to refine the code changes 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, stated that she had submitted a four page document containing comments on this ordinance and had hoped that more time at the March 20 work session would have been devoted to camping code revision. She stated that she would like to see more time devoted to discussing winter camping and employee campgrounds before moving the ordinance to City Council. Seeing no one else wishing to speak, the public hearing was closed so that the Commission could review the proposed amendments Ecklund stated that the laydown provided by Planning staff contains some of the recommendations made by Griswold. Chair Ecklund suspended the rules to reopen public hearing giving a person who signed in the opportunity to speak Ristine Casagranda, inside city, asked for clarification on why there is an amendment delegating responsibility to Parks and Recreation for collection of parking fees.Ecklund in response,stated that City of Seward,Alaska Seward Planning&Zoning Commission Minutes April 3;2018 Volume 7, Page 275 the parking fee collection is a division of the Parks and Recreation department, and that the amendment was to remove campground management from the powers and duties of the harbor department.Casagranda asked if this code revision addressed winter camping.Ecklund responded that this ordinance did cover winter camping. Carol Griswold,inside city,requested a copy of the laydown item that had been presented.Griswold asked that the Commission consider the winter camping code revision that she had suggested in her emailed comments. Griswold gave an overview of the comments that she had emailed to the Commission. Charbonneau stated that he would like to see the length of stay for winter camping be amended to a fourteen day maximum length of stay in one camping space. General discussion of the wording of the amendment and took place providing for a maximum length of stay in one camping space during the winter. Parks and Recreation Director Karin Sturdy told everyone what the current camping rules state, described her interpretation of the code as it relates to maximum stay, and described typical winter camping activity. General discussion about campground rule compliance,and winter camping activity followed. Hearing no one else wishing to speak, the public hearing was closed. Motion (Fleming/Swann) Amend Ordinance 2017-12 Section 2.25.125 (4) Replace The Phrase"City Camping Facilities" With "Municipal Campgrounds" Passed Unanimous Motion (Fleming/Charbonneau) Amend Ordinance 2017-12 Section 7.15.010 Reorder By Switching(C)And (B) Passed Unanimous Motion (Fleming/Swann) Amend Ordinance 2017-12 Section 7.15.010 (C)Add "As Defined In 8.15.110" Passed Unanimous Motion (Fleming/Swann) Amend Ordinance 2017-12 Section 8.15.445 (B)Replace The First Use Of The Word "Vehicle" With "Camping Unit" Passed Unanimous Motion (Ambrosiani/Fleming) Amend Ordinance 2017-12 Section 7.15.010 (D) To Remove For A Maximum Of 28 Days City of Seward,Alaska Seward Planning&Zoning Commission Minutes April 3, 2018 Volume 7, Page 275 Passed AYES: Ambrosiani, Seese, Fleming, Ecklund NOES: Charbonneau, Swann Motion (Charbonneau/Fleming) Amend Ordinance 2017-12 Section 7.15.010 (E)To Add In No Event Shall Camping By One Party Be Allowed For More Than 14 Consecutive Days In One Camping Space. Passed AYES: Fleming, Swann, Ambrosiani, Charbonneau,Ecklund NOES: Seese Motion (Swann/Fleming) Resolution 2017-12 of the Planning and Zoning Commission of the City of Seward, Alaska,recommending City Council amend portions of Seward City Code Titles 2,7,8, And 15 to clarify campground uses, definitions, and requirements Motion Passed as Amended _ AYES: Swann, Seese, Charbonneau, Ambrosiani,Fleming,Ecklund NOES: none UNFINISHED BUSINESS—None NEW BUSINESS April 17, 2018 Work Session topic set as "Subdivision Review" Commission Comments Charbonneau thanked planning staff for the information tonight Ambrosiani seconded Charbonneu, thanked staff for work on camping code amendments Swann commented positively on the productivity of this meeting Seese commented that he agrees with the above Commissioner comments, and stated that he is happy with the accessibility of planning staff Fleming asked for help accessing her City email account Ecklund in response to Fleming discussed her City email account, and her preference to use her personal email account. Wilde told everyone that staff will assist all the commissioners with either changing their official email contact or providing assistance with their city email account. Citizens' Comments City of SewarcZ Alaska Seward Planning&Zoning Commission Minutes April 3, 2018 Volume 7, Page 275 Ristine Casagranda, inside city stated a concern that the senior/disabled camping pass is not defined in this ordinance. She also stated that she is not aware of the existence of a camping or parking tariff. Carol Griswold,inside city,stated that the progress made in drafting a camping ordinance has been incredible,but she still has concerns that have not been addressed in the draft ordinance that was passed. Commissions and Administration Response to Citizens' Comments -None ADJOURNMENT(Ambrosiani/Fleming) The meeting was adjourned at 8:47 p.m. • • ) iji:TY-ka___e / Jackie . 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