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Home My WebLink About12042018 Planning & Zoning Minutes City of Seward, Alaska Seward Planning&Zoning Commission Minutes December 4, 2018 Volume 7, Page 309 CALL TO ORDER The December 4, 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 Gary Seese Craig Ambrosiani Tom Swann Kelli Hatfield Nathanial Charbonneau Comprising a quorum of the Board; and Also Present Jeff Bridges, Interim City Manager Brennan Hickok, Assistant City Manager Andy Bacon, Planning Assistant SPECIAL ORDERS, PRESENTATIONS AND REPORTS Administration Report Andy Bacon updated the Commission on the following business items • The City is thankful to our first responders for their efforts to ensure public safety during the November 30 earthquake event. No apparent damages to City facilities or infrastructure were reported. • A public open house meeting to present the Seward Airport Improvement Project Draft EA will be held on Wednesday, December 12, 2018 from 5:00 pm to 7:30 pm at the K.M. Rae Building • Staff attended the Seward/Bear Creek flood board meeting yesterday and one item that the board discussed was long term flood mitigation on Japanese Creek. The Flood Service Area hopes to be able to partner with other stakeholders such as the landfill and the City in order to formulate and execute a long-term flood mitigation plan for Japanese Creek. • Staff asks that the Commission remove the approval of the 2019 calendar from the consent agenda in order to discuss meetings in January. Other Reports, Announcements, and Presentations- None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING —None City of Seward, Alaska Seward Planning&Zoning Commission Minutes December 4, 2018 Volume 7, Page 310 APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Swann/Fleming) Approve the agenda and consent agenda Motion (Fleming/Swann) Amend the agenda to remove Item 9F from the consent agenda, and amend the title of Item 9F by removing the word "Approval" replacing with "Discuss" Motion Passed Unanimous Main Motion Passed Unanimous The following item was approved on the Consent Agenda: Approval of October 16, 2018 Regular Meeting Minutes New Business Items requiring a Public Hearing Resolution 2018-017 of The Seward Planning And Zoning Commission, Recommending City Council Amend Various Portions Of Title 15.20 Signs Of The Seward City Code Planning Assistant Andy Bacon stated that this draft has been reviewed on two occasions by the Planning Commission. The primary focus of these proposed changes is to amend the way the City regulates temporary signage for both business and private sectors. The purpose of the temporary sign changes is to regulate signage in a"content-neutral manner", so as to avoid infringement of free speech. In considering other sign code changes, Planning staff added a section defining sign measurement standards. Using base times height to calculate area does not work well for all sign types. Code language specifying measurement standards is common in other cities' sign code. The draft version before you tonight has incorporated some of the changes that were suggested by the Commission at their October 16 meeting, including the elimination of exemptions that would grant a business additional signage under the measurement standards portion of the new code. This draft version differs from the October 16 draft in that it allows for temporary signs not to exceed 12 (twelve) square feet in residential areas, changed from 6 (six) square feet previously. All public notification requirements have been met for this public hearing item. 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 (Swann/Fleming) Approve Resolution 2018-017 of The Seward Planning And Zoning Commission, Recommending City Council Amend Various Portions Of Title City of Seward, Alaska Seward Planning&Zoning Commission Minutes December 4, 2018 Volume 7, Page 311 15.20 Signs Of The Seward City Code Motion (Ecklund/Swann) Amend section 15.20.030 R.2. to strike the word "balloons" Ecklund stated that lost balloons typically end up being carried away to be stuck in trees or wind up in the bay. She stated she has no issue with the private use of balloons in conjunction with yard sales, but that she would prefer that they were not explicitly permitted in our Sign Code. Motion Passed Unanimous Main Motion Passed AYES: Charbonneau, Swann, Fleming, Ambrosiani, Seese, Hatfield, Ecklund NOES: none Resolution 2018-018 Recommending City Council and Kenai Peninsula Borough Approval of the City Owned Fourth of July Creek Subdivision, Seward Marine Industrial Center, Raibow Replat #2, Creating Two New Lots To Be Known As Lots 4A-2 and Lot 5, Block 7; Located Within the Industrial Zoning District Bacon stated that the preliminary plat was submitted by surveyor Josh Varney on behalf of Raibow Marine and Fiberglass incorporated, subdividing Lot 4A-1 Fourth of July Creek Subdivision, Seward Marine Industrial Center, into two lots to be known as Lot 5 and Lot 4A-2. Staff requests that the Commission make an amendment to the resolution to correct a typo by deleting "Lot 4E" in the second whereas and replacing with "Lot 5". The applicant, Raibow Marine and Fiberglass, is currently working on a long term lease with the City for the use of Lot 5, which is an approximately 2.44 acre parcel. This replat is within the Industrial Zoning District of the Seward Marine Industrial Center. The area is currently served by private access roads, and some water, sewer and electric services are available in the vicinity of the replat. The existing use of the lot has been vacant with some boat storage. Surrounding uses include those of the marine industrial nature. The applicant currently holds a long term lease with the City for the same business on Lot 4D, which is immediately to the north of the subject parcel. The public notification process was complied with, and City staff have reviewed this replat. The Harbor Department requires that an existing drainage feature on the property be maintained and protected by a drainage easement. One public inquiry was received on this item, and staff provided additional information about the size and location of the subject parcel. Both the applicant and the surveyor are in attendance tonight and are available to answer any questions the Commission may have. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Joshua Varney, outside city, advised the Commission of the Lot name typo referenced by Mr. Bacon. City of Seward, Alaska Seward Planning&Zoning Commission Minutes December 4, 2018 Volume 7, Page 312 Hearing no one else wishing to speak, the public hearing was closed. Motion (Swann/Fleming) Approve Resolution 2018-018 Recommending City Council and Kenai Peninsula Borough Approval of the City Owned Fourth of July Creek Subdivision, Seward Marine Industrial Center, Raibow Replat#2, Creating Two New Lots To Be Known As Lots 4A-2 and Lot 5, Block 7; Located Within the Industrial Zoning District Motion (Fleming/Charbonneau) Amend Resolution 2018-018 to delete "Lot 4E" in the second Whereas clause, and replace with "Lot 5" Motion Passed Unanimous Main Motion Passed Unanimous UNFINISHED BUSINESS—None NEW BUSINESS Resolution 2018-019 Recommending Kenai Peninsula Borough Approve the Seward Original Townsite Petersen Replat, Combining Lots 3, 4, and 5 Block 28 Original Townsite of Seward, Vacating Interior Lot Lines to Create one Lot to be Known as Lot 3A, Containing Approximately 9000 Square Feet Bacon stated that this preliminary replat was submitted by Johnson surveys, on behalf of Jena and Cole Petersen, vacating two interior lot lines on Lots 3, 4, and 5 block 28 Original Townsite, and creating one 9000 square foot lot, to be known as Lot 3A. In accordance with City Code section 12.01.030, no building except a single family residence may be constructed across platted property lines. As such, the Conditional Use Permit that the applicants received to develop a 12 unit studio apartment stated that this lot line vacation must be completed prior to the issuance of a certificate of occupancy. The public notification process has been met for this new business item, and specifically, SCC § 16.01.015 states that a plat submitted to create a single parcel through the vacation of lot lines shall be exempt from public posting, proof of posting, and notification of neighboring property owners. City staff has reviewed this replat and the Electric Department is requiring that a 10 foot utility easement be dedicated along the west property line, fronting the alley, of Lot 3A. Ambrosiani asked why this was being brought to the Commission after development on the property had commenced. Swann replied that the completion of the plat was a known requirement, and had been discussed during the applicant's Conditional Permitting process. City of Seward,Alaska Seward Planning&Zoning Commission Minutes December 4, 2018 Volume 7, Page 313 Ambrosiani asked, for the sake of the discussion, what would happen to the development if the plat were not to be approved for some reason. Swann replied that the risk is assumed by the property owner. Ecklund stated that replats to vacate property lines are typically non- controversial and procedural in nature. Ecklund asked if the 10' utility easement could be provided now that the building is under construction. Bacon responded that the Lots have a 10 foot rear setback, and the building plans reviewed by Planning staff indicate the building is outside the rear yard setback. Charbonneau asked if the retaining wall inside the setback was allowed. Bacon stated that no permanent structures are allowed in easements and if a structure interferes with a Utilities use of an easement, the cost to remove the structure is borne by the property owner. Swann asked why the Electric Department was asking for a 10 foot utility easement rather than the 5 feet they typically ask for. Ecklund asked staff if there was any justification for the 10 foot easement in the comments from the Electrical Department. Bacon replied that the Community Development department had not received additional comment. Discussion followed regarding easements adjacent to downtown alleyways as being needed for snow removal and running underground electric lines in the future. Discussion then followed regarding the postponement of this resolution until more information can be obtained from the electrical department. Motion (Swann/Charbonneau) Postpone Resolution 2018-019 until the January 2019 meeting, pending additional information regarding the 10' utility easement Motion passed Unanimous B. Set topic for January 15, 2019 Work Session Commission discussed and set topic for a Joint Work Session with PACAB to discuss Land Uses Allowed and Development Requirements. C. Discuss new Commissioner training opportunity at January APA conference Bacon described the training to Commissioners and asked that they respond with their intent to attend by the end of the following day. D. Select Commissioner to give P&Z report at December 10, 2018 City Council Meeting Commissioner Fleming volunteered to present the P&Z report to Council at the December 10 meeting, and into the future. F. Discuss 2019 Planning and Zoning meeting schedule Commission discussed the 2019 meeting calendar presented in the packet, made modifications, and asked staff to bring the final version back for approval at the January 8, 2019 meeting. City of Seward,Alaska Seward Planning&Zoning Commission Minutes December 4, 2018 Volume 7, Page 314 Motion (Swann/Charbonneau) Set Joint Work Sessions with the Seward Bear Creek Flood Service Area Board on a biannual basis Commission discussed the positive value of these meetings, and agreed by consensus that agency staff may schedule additional work sessions as needed. Motion passed Unanimous Motion (Seese/Hatfield) Cancel January 1, 2019 Regular Meeting and reschedule to January 8,2019 Motion passed Unanimous Motion (Fleming/Swann) Cancel July 2,2019 meeting Motion passed Unanimous Motion (Ecklund/Fleming) Cancel December 17, 2019 Work Session Motion passed Unanimous Commission Comments Hatfield- Briefed the Commission on planned excused absences Charbonneau- Briefed the Commission on planned excused absences Seese- Wished everyone a Merry Christmas Ambrosiani- Thanked Community Development staff Swann- Wished everyone happy holidays Fleming-Thanked City staff for their response during the earthquake Ecklund-Thanked City staff for their response during the earthquake, as well as October flood Citizens' Comments -None Commissions and Administration Response to Citizens' Comments—None ADJOURNMENT (Fleming) The meeting was adjourned at 7:55 p.m. / v G2 s (1_ LA)(Li-C.) 41%( C-1\1`-e Jack' C. Wildk.%"' ' ".., Cindy L. 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