HomeMy WebLinkAbout08072018 Planning & Zoning MinutesCity of Seward, Alaska Seward Planning & Zoning Commission Minutes
August 7, 2018 volume 7, Page 293
CALL TO ORDER
The August 7, 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 Hatfield led the pledge of allegiance to the flag
ROLL CALL
There were present:
Cindy Ecklund presiding, and
Gary Seese Martha Fleming
Tom Swann Kelli Hatfield
Excused: Nathanial Charbonneau Craig Ambrosiani
Comprising a quorum of the Board; and
Also Present
Brennan Hickok, Assistant City Manager
Jackie C. Wilde, Planner
Andy Bacon, Planning Assistant
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Administration Report
Jackie Wilde updated the Commission on the following business items
• Introduced our new Assistant City Manager and Community Development Director,
Brennan Hickok
• Attended a flood board meeting on August 6th and briefed Commission on agenda
items
• Community Development has hired a company to assist with analysis and
administration of nightly lodging. Hard data will be presented at the August 21 st work
session.
Other Reports, Announcements, and Presentations- None
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Joe Tougas, inside city, stated that he was not opposed to rezoning portions of Tract 5C, but he
is opposed to locating the animal shelter to Lot MM-1. Tougas stated that moving the animal
shelter from one residential location to another is not a good idea, and added that the low lying
land is unsuitable for development. Tougas suggested locating the animal shelter in the general
vicinity of the ballfields, cemetery, and former USAF recreation camp.
City of Seward, Alaska Seward Planning & Zoning Commission Minutes
August 7, 2018 volume 7, Page 294
Sarah Tougas, inside city, stated that she was opposed to locating the animal shelter on Lot
MM-1. Tougas is concerned that the proximity to the shooting range would cause stress to
animals housed at the proposed location. Tougas also commented that the proposed lot is flood
prone. Tougas read aloud a letter from a neighbor who is also opposed to the proposed location.
Clinton Paul, inside city, stated that he supports relocating the animal shelter but is opposed to
the proposed location. Paul suggested moving the shelter to SMIC
Steve Severn, inside city, stated that he is opposed to relocating the animal shelter to lot MM-1.
Severn is concerned that flood mitigation on Lot MM-1 will potentially direct water on to his
property.
Phillip Wade, inside city, stated that he is opposed to locating the animal shelter on Lot MM-1,
although he is supportive of the shelter itself. Wade stated that since the levee road was
completed, the vacant lands adjacent to the south side of the road have been susceptible to
ponding may times throughout the year.
Jim Tallman, inside city, stated that he is opposed to locating the animal shelter on Lot MM-1.
Tallman cited the poor suitability of the land, and stated that there were better City -owned
properties available for the shelter.
Dorene Valadez, outside city, stated that she was part of the relocation committee for the animal
shelter. Valadez stated that momentum for relocation of the shelter is currently high, and that she
would like to see the project come to fruition regardless of the chosen location. Valadez thanked
members of the public for coming forward to express their views and suggesting alternatives.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Swann/Fleming)
Motion Passed
Approval of Agenda and Consent Agenda
Unanimous
The following item was approved on the Consent Agenda:
Approval of July 17, 2018 Regular Meeting Minutes
New Business Items requiring a Public Hearing
Resolution 2018-011 of The Planning And Zoning Commission Of The City Of Seward,
Alaska, Granting A Conditional Use Permit To Jena And Cole Petersen To Construct And
Operate A Twelve (12) Unit Studio Apartment Building On Lots 3, 4 & 5 Block 28,
Original Townsite Seward, Located At 531, 533, & 535 Third Ave Within The Auto
Commercial Zoning District
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City of Sewari4 Alaska Seward Planning & Zoning Commission Minutes
August 7, 2018 Volume 7, Page 295
Wilde described the site plan, building layout and apartment unit size, referring everyone in the
audience to the large site plan printout and photos of the build, taken just the day before. Wilde
stated that the project is currently being constructed as a 12 room hotel, and that in light of recent
city code changes, the applicants are seeking a Conditional Use Permit to operate as an
apartment for long term tenancy. Wilde described surrounding land uses, adjacent utilities and
stated that if the permit to operate an apartment were not approved tonight, the applicant could
still operate as a hotel, per the land uses table. Wilde described the submitted layout of the site,
including landscaping, and then stated that the applicant had met with planning staff prior to
tonight's meeting to propose some changes to the layout and landscaping. These changes will not
affect the open area required by code, and the applicants are present to describe layout changes
and answer any other questions the Commission may have. Wilde stated that property owners
within 300 feet of the project were notified and all other notification requirements for public
hearings were met. Wilde stated that we had two members of the public come forward with
concerns about parking in the neighborhood and staff addressed these concerns.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Chair Ecklund relaxed the rules to allow the applicant to speak to some of the site plan changes
referred to in the staff report.
Cole Petersen stated that the submitted site plan is not feasible with regard to the placement of
trees along the south property line in the five foot setback. Petersen proposed planting grass
along the south side property line, and along the east and west ends of the building, with trees
planted in the larger open areas on the southeast and southwest corners of the lot. Petersen is
proposing to construct a retaining wall along the north side of the property to hold back gravel on
the property that is about two feet higher than the adjacent lot. Petersen will then shift the eleven
parking spaces and driveway openings approximately 10 feet to the south, closer to the building,
and then plant grass, shrubs and/or trees along the north side of the property adjacent to the
retaining wall. Petersen stated that he is not certain if the dumpster will be placed as indicated on
the plan, but stated that the trash area will be screened from view. Petersen stated that he has met
the requirement for parking specified by the code, and that his preference for renting these
apartment units would be to single individuals or couples, and that each tenant will be permitted
one on -site parking space.
Wes Oetinger, inside city, stated that he owned property in the neighborhood and had been
asked by neighbors to attend the meeting and speak to parking concerns along Third Avenue.
Oetinger stated that there was already a parking problem in the neighborhood and that this
apartment building will make it worse. Oetinger cited increased traffic in the alley and the
likelihood that apartment tenants will also own trailers and boats as additional issues.
Hearing no one else wishing to speak, the public hearing was closed.
City of Seward, Alaska Seward Planning & Zoning Commission Minutes
August 7, 2018 Volume 7, Page 296
Motion (Swann /Fleming) Approve Resolution 2018-011 Of The
Planning And Zoning Commission Of
The City Of Seward, Alaska, Granting A
Conditional Use Permit To Jena And Cole
Petersen To Construct And Operate A
Twelve (12) Unit Studio Apartment
Building On Lots 3, 4 & 5 Block 28,
Original Townsite Seward, Located At
531, 533, & 535 Third Ave Within The
Auto Commercial Zoning District
Fleming disagreed with the point that the applicants had no control over their tenants parking in
the neighborhood. Fleming stated that a rental agreement could specify that tenants have only
one vehicle. Fleming suggested that solutions to parking problems can be addressed if they arise
in the future but she believes that these applicants will make every effort to keep the number of
vehicles associated with this building to a minimum. Hatfield asked Petersen if there was any
way to add additional parking places to the property. Petersen responded that would not be
possible due to the requirement to maintain open area. Ecklund asked staff if the applicants
proposed changes still meet all the code requirements. Wilde responded that the proposed
changes met all requirements. Ecklund asked Wilde if there were any parking restrictions on
Third Avenue. Wilde cited winter parking restrictions along Third Avenue. Ecklund asked Lt.
Valadez, present in the audience, if she was aware of any restrictions preventing unattached
boats or trailers from being parked on -street. Valadez stated that there was not an unattached
trailer restriction on street parking, but any vehicle left in one place for over 24 hours was looked
at as potentially abandoned. In response to Ecklund, Valadez stated that the public could call the
Police regarding any vehicle observed to be stationary for over 24 hours and, personnel will look
into it as a potentially abandoned vehicle.
Ecklund relaxed the rules to allow a member of the public to speak again.
Wes Oetinger reiterated an observation made by Lt. Valadez, which was relating to the
reduction in lanes from three to two on Third Avenue. Oetinger emphasized the point that the
center road striping along the section of Third Avenue adjacent to the subject property prevents
on street parking, forcing people to park further up the block in front of neighboring residences.
Motion Passed AYES: Hatfield, Swann, Seese, Fleming,
Ecklund
NOES: none
Resolution 2018-012 of the 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 Two Portions Of City Owned Land Located
Within Tract 5C Forest Acres Subdivision Levee Replat, From Single Family Residential
(111), And Rural Residential (RR) To Resource Management (RM)
City of Seward, Alaska Seward Planning & Zoning Commission Minutes
August 7, 2018 Volume 7, Page 297
Bacon stated that Tract 5C was created by combining nine Forest Acres lots during the Levee
construction project and was finalized with the recording of the levee replat in 2012. As part of
the permitting process to construct the levee, the Army Corps of Engineers required that certain
lands be designated for conservation, and the City designated all of Tract 5C for this purpose in
2009. Restrictive covenants on Tract 5C prohibit construction of any structure on the property
and prohibit commercial, industrial, institutional and residential uses. Allowed uses include
public access for low impact recreational activity.
By definition, the resource management zoning district was established to designate lands which
are generally undeveloped and cannot be precisely zoned due to inadequate information on the
extension of public services and utilities; the suitability of the land to support commercial
residential industrial or public uses; and other environmental consideration. In light of this
definition, and the zoning designation of surrounding lands, resource management is the most
appropriate zoning designation for Tract 5C and staff recommends commission approve
resolution 2018-012.
Wilde stated that all public notice requirements have been met for this proposed land use
amendment.
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 (Fleming/Swann)
Approve Resolution 2018-012 of the
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 Two Portions Of City Owned Land
Located Within Tract 5C Forest Acres
Subdivision Levee Replat, From Single
Family Residential (Rl), And Rural
Residential (RR) To Resource
Management (RM)
Fleming asked clarification on the specific portions of Tract 5C to be amended. Bacon
responded by indicating on the City Zoning map, and also in response to Fleming, identified City
owned land in the vicinity. Swann asked if this zoning amendment was being put forward to
bring our land uses map into conformance. Ecklund asked for more information regarding the
land use restrictive covenants on Tract 5C. Bacon discussed the land uses allowed under the
restrictive covenants, and read aloud the restrictions set forth by the covenants on Tract 5C.
City of Seward, Alaska Seward Planning & Zoning Commission Minutes
August 7, 2018 Volume 7, Page 298
Motion Passed AYES: Fleming, Hatfield, Seese, Swann,
Ecklund
NOES: none
UNFINISHED BUSINESS — None
Resolution 2018-013 Of The Planning And Zoning Commission Of Seward Alaska
Recommending That The Alice Pickett Memorial Animal Shelter Be Relocated To Lot
MM-1 Forest Acres Subdivision Levee Replat Number Two, Located At 2618 Birch Street,
Within The Resource Management (RM) Zoning District
Wilde stated that the Community Development Department was tasked by City Council to
identify potential sites south of Dieckgraeff Road for the relocation of the animal shelter. Lot
MM-1 was selected because it was closest to the required utilities and would therefore be the
least costly to develop. Wilde stated that staff had reviewed the flood map prior to making this
selection and understood that a portion of the lot would need to be elevated to comply with
floodplain development regulations. Wilde described the other locations under consideration and
the distance to utilities to serve those lots. In response to earlier citizens' comments, Wilde
addressed potential locations at SMIC and the former USAF recreation property and stated that
they were both unsuitable. Wilde stated that locating the shelter at SMIC would result in too
much time spent driving for staff and volunteers, and that at a City Council work session;
Council members spoke against locating the animal shelter on the former USAF recreation
property.
Motion (Fleming/Hatfield) Approve Resolution 2018-013 Of The
Planning And Zoning Commission Of
Seward Alaska Recommending That The
Alice Pickett Memorial Animal Shelter Be
Relocated To Lot MM-1 Forest Acres
Subdivision Levee Replat Number Two,
Located At 2618 Birch Street, Within The
Resource Management (RM) Zoning
District
Fleming stated that she was opposed to moving the animal shelter from one residential location
to another residential location. Fleming spoke in favor of locating the new shelter in the former
Fort Raymond portion of town, near the ballfields, cemetery, and electric warehouse. Hatfield
concurred with Fleming, and asked if staff had analyzed the aforementioned location. Wilde
responded that staff was directed to look at properties south of Dieckgraeff Road. Swann asked
staff to restate the properties they considered. Wilde discussed the three lots under consideration
and their proximity to utilities. Wilde in response to Ecklund stated that if this resolution were
approved then it would be sent back to City Council. Ecklund noted that the former Fort
r—,
City of Seward, Alaska Seward Planning & Zoning Commission Minutes
August 7, 2018 Volume 7, Page 299
Raymond site is also located south of Dieckgraeff Road. Fleming suggested negotiating a land
use agreement on some Borough owned property in City Limits. Swann asked if staff had
considered leasing lands near the airport or purchasing land outside City limits.
Motion Failed
Commission Comments
Hatfield- No comment
Seese- No comment
AYES: none
NOES: Hatfield, Swann, Fleming, Seese,
Ecklund
Swann- Welcomed the new Assistant City Manager and thanked him for attending the meeting.
Fleming- Thanked members of the public for coming to the meeting and speaking.
Ecklund- Thanked members of the public for offering suggestions for the location of the animal
shelter. Welcomed and thanked the Assistant City Manager for attending the meeting.
Citizens' Comments
Ann Wright, inside city, thanked the Commission for their work, and for listening to public
concerns.
Sarah Tougas, inside city, thanked planning staff for their work and assistance in answering
questions.
Commissions and Administration Response to Citizens' Comments
Wilde thanked members of the public for attending and speaking at the meeting, and encouraged
members of the public who expressed concerns about flooding near Dieckgraeff Road to attend
the next flood board meeting. Wilde reminded Commissioners about the August 21 work session
and the September 4 joint work session with the flood board.
Ecklund polled commissioners for availability on August 21. Commissioners discussed setting a
September 4 joint work session topic to talk about Dieckgraeff Road repair and flood mitigation
in the vicinity of the Japanese Creek levee.
ADJOURNMENT (Fleming)
The meeting was adjourned at 8:12 p.m.
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