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HomeMy WebLinkAbout05072019 Planning & Zoning Minutes City of Seward,Alaska Seward Planning&Zoning Commission Minutes May 7, 2019 CALL TO ORDER Volume 7,Page 331 The May 7, 2019 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m.by Vice Chair Martha Fleming. OPENING CEREMONY Commissioner Seese led the Pledge of Allegiance to the flag ROLL CALL There were present: Martha Fleming presiding,and Gary Seese Nathanial Charbonneau Tom Swann Kelli Hatfield Comprising a quorum of the Board; and Also Present Scott Meszaros,City Manager Brennan Hickok,Assistant City Manager Jackie C. Wilde,Planner Andy Bacon, Planning Assistant Excused Cindy Ecklund Craig Ambrosiani SPECIAL ORDERS, PRESENTATIONS AND REPORTS Administration Report Jackie Wilde updated the Commission on the following business items • The City is currently auctioning off four lots on First Avenue. The auction has been noticed in the Seward Journal, and Anchorage Daily News,and ends May 29 • Wilde attended national planning conference, and was appointed to management and planning division of APA. Wilde was awarded a scholarship to attend next year's conference,and is receiving a reimbursement for this year's registration fees. • Electronics Recycling day is May 11,2019 • Seward Rotary Club is hosting a fundraiser,also on May 11,2019 • Wilde introduced the Commission to our new City Manager, Scott Meszaros • Meszaros thanked the Commission, and gave a brief personal and professional background. Mr. Meszaros stated that he is happy to be in Seward, and looking forward to working with everyone • Wilde notified the Commission of an upcoming City Council Work Session on May 28th relating to utility extension and housing,and cncouraged Commissioners to attend. Other Reports,Announcements,and Presentations- None City ofSeward, Alaska Seward Planning&Zoning Commission Minutes May 7, 2019 Volume 7, Page 332 CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Lynda Paquette, outside city, notified everyone that the Seward Civic Engagement group will be meeting at the library this Thursday at 6:00 PM to discuss expanding Seward's voter base. The topic for the May 23, 2019 meeting is"understanding Borough representation" APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Swann/Charbonneau) Approve the agenda and consent agenda Motion Passed Unanimous The following item was approved on the Consent Agenda: Approval of April 2,2019 Regular Meeting Minutes New Business Items requiring a Public Hearing Resolution 2019-006 of The Planning And Zoning Commission Of The City Of Seward,Alaska, Granting A Conditional Use Permit To Shelly Lindell To Operate A Mixed Use Six (6) Unit Multi Family Dwelling On Lot N10 Feet of Lot 36 and All of Lot 37 Block 8, Original Townsite, Located At 232 Fifth Avenue; Within The Central Business(CB) Zoning District Wilde discussed the application and described the property and adjoining land uses. Wilde cited the portion of City Code requiring a conditional use permit application for a change in land use in circumstances where a land use was permitted under nonconforming conditional use provisions. Wilde discussed the recommendations made by City staff during the departmental review process, and asked building department staff to provide more detail on these recommendations. Deputy Fire Chief Clinton Crites appeared from the audience to address the Commission on building department recommendations. Crites stated that a code study,certified by a professional architect or structural engineer is recommended for this and future conditional use permit applications requesting a change of use in scenarios where uses were permitted under nonconforming conditional use provisions. Crites stated that the Seward Building Department has limited resources in addressing life safety requirements in older buildings when a use or occupancy is changed,and that a professional architect may find more efficient alternatives to fulfilling life safety requirements other that what the building department may recommend. Crites discussed the benefit to the property owner in having another set of eyes look over the building, possibly providing multiple ways to address life safety,other than installing sprinkler systems. Building Inspector Stefan Nilsson,appearing from the audience,added that this request is particularly important when permit applications describe moving to a more restrictive use of a building. Crites added that the building department receives numerous requests from property owners asking what specific improvements they need, in order to change to a more restrictive building use,and that building department staff is trained to interpret the building code and verify that a property owner did what and architect said. In response to Swann asking for specific verbiage,Crites stated that this process is called a 'code study,' 'code analysis' or 'code review analyses' Discussion followed regarding building code regulations for multiple family dwellings or hotels. City of Seward,Alaska Seward Planning&Zoning Commission Minutes May 7, 2019 Volume 7, Page 333 Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Mary Kulstad, inside city, stated that she is the owner of Hotel Seward, and believes that anyone conducting a nightly lodging business should have the same safety requirements and associated costs as a hotel. Kulstad stated she is also concerned about the impact the proposed use would have on parking. Kulstad stated that the Best Western Hotel creates most of the parking issues on this block by not utilizing their parking lot up the street. Shelly Lindell, outside city, owns the subject property, and clarified that it is actually a seven unit building. Lindell also stated that each apartment unit is small in size, and are suitable for single residents, thereby reducing the impact on parking. Lindell stated that her intention was to be able to upgrade the building and provide nice housing for locals, and one way to fund improvements on the building while keeping rents reasonable is by renting two units on a nightly basis. Lindell stated that she and her husband are very much interested in being part of the community and creating nice housing for residents of their building. Mark Kulstad, inside city, stated concerns about fire separation, and the higher standards required of nightly lodging such as stairs, egress, and hallways. Kulstad discussed concerns about adequate street parking, and City of Seward enforcement of parking regulations. Matt Lindell, outside city, stated that he wanted to clarify an earlier statement about thin walls, and that he spoke with Building Department staff regarding life safety ratings for lathe and plaster. Lindell stated that concerns about parking issues on the block should be attributed to the Best Western hotel. Hearing no one wishing to speak,the public hearing was closed. Motion (Swann/Hatfield) Approve Resolution 2019-006 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To Shelly Lindell To Operate A Mixed Use Six (6) Unit Multi Family Dwelling On Lot N10 Feet of Lot 36 and All of Lot 37 Block 8, Original Townsite, Located At 232 Fifth Avenue; Within The Central Business (CB) Zoning District Swann noted that there were seven units and they were all small, making them more similar to studio apartments. Swann discussed parking requirements in the Central Business District, and suggested that the owners should provide one parking space per apartment unit,totaling seven spaces. Motion (Swann/Charbonneau) Amend condition number three to require seven off-street parking spaces City of Seward,Alaska Seward Planning&Zoning Commission Minutes May 7, 2019 Volume 7,Page 334 Motion Passed AYES: Seese, Swann, Hatfield, Charbonneau,Fleming NOES: Fleming stated that she was unsure if the Commission could require a code study in this instance since work had already been done on the building. Wilde stated that the Commission could add a code study as a condition to this permit, and the owner could either comply, or apply for a permit extension, or let the permit expire if the use has not commenced within six months. Swann stated that since this is a commercial building, the code study requirement made sense, but did not want to make a condition that was overly restrictive. Further discussion followed relating to what code studies entail. Motion (Swann/Charbonneau) Add condition number eight to state the applicant shall provide a professional architectural code study Motion Passed AYES: Seese, Hatfield, Swann, Charbonneau, Fleming NOES: Motion (Swann/Charbonneau) Amend the title of the resolution and all • other references thereafter, to strike "six unit multi-family" and replace with "seven unit multi-family" Motion Passed AYES: Hatfield, Swann, Seese, Charbonneau,Fleming NOES: Main Motion Passed AYES: Hatfield, Swann, Seese, Charbonneau,Fleming NOES: Resolution 2019-007 of The Planning And Zoning Commission Of The City Of Seward,Alaska, Granting A Conditional Use Permit To Kenai Peninsula Housing Initiatives, Inc. (KPHI) To Construct and Operate A Four (4) Unit Multi Family Dwelling On Lot 11A2 Fort Raymond Subdivision Replat No. 4, Located At 2204 Dimond Boulevard; Within The Multi-Family (R3) Residential Zoning District City of Seward,Alaska Seward Planning&Zoning Commission Minutes May 7, 2019 Volume 7, Page 335 Wilde stated that the applicant is planning to construct a four unit multi-family dwelling as the second phase of development of the Harmony Villas independent senior housing complex, and the structure will be located adjacent to a 5 unit multi-family dwelling that was approved for construction in 2015. Wilde stated that the property upon which the project is located was given to the applicant by the City for the purpose of senior housing development. Wilde described the uses and zoning of adjacent properties. Vice Chair Fleming relaxed the rules to ask questions of the applicant,appearing telephonically. Fleming asked about the size of the parcel, and if there were plans for additional phases of senior housing development. Applicant Brandy McGee stated that this is the final phase of the project. Fleming asked what the applicants plan for snow removal was. McGee stated that Metco was contracted for snow removal and sanding, and Hatfield asked if this was going to be income based housing. McGee stated that three units would be market rate,and one was income restricted,which is reserved for persons at or below thirty percent median income. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Hearing no one else wishing to speak,the public hearing was closed. Motion (Swann/Seese) Approve Resolution 2019-007 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To Kenai Peninsula Housing Initiatives, Inc. (KPHI) To Construct and Operate A Four (4) Unit Multi Family Dwelling On Lot 11A2 Fort Raymond Subdivision Replat No. 4, Located At 2204 Dimond Boulevard; Within The Multi-Family (R3) Residential Zoning District Main Motion Passed AYES: Swann, Charbonneau, Seese, Fleming,Hatfield NOES: Resolution 2019-008 of The Planning And Zoning Commission Of The City Of Seward,Alaska, Granting A Conditional Use Permit To Brad Snowden To Operate A Mixed Use Four (4) Unit Multi Family Dwelling On Lot 35 and Lot 36 Block 23, Original Townsite, Located At 430 Fourth Avenue; Within The Office Residential (OR)Zoning District Wilde stated that this application is for a mixed use four unit multi-family dwelling, and that the existing building on the property is a four unit multi-family dwelling. Wilde cited the portion of City Code requiring a conditional use permit application for a change in land use in circumstances where City of Seward,Alaska Seward Planning&Zoning Commission Minutes May 7, 2019 Volume 7,Page 336 a land use was permitted under nonconforming conditional use provisions. Wilde stated that this item was properly noticed and reviewed by City staff. Wilde stated that the building department requires adequate fire separation, and is requesting an architectural code study. The Police department requested security lighting for the parking in the rear of the building, and cited concerns over the adequacy of parking in front of the building, as it is presently full of the applicant's personal property. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Mark Kulstad, inside city, asked the Commission about conditions required in a previous public hearing item, and whether or not compliance was also required. Kulstad continued with questions about a previous public hearing item. Brad Snowden, inside city, discussed his application with the Commission. Snowden discussed surrounding land uses and noted several nightly rentals in the immediate vicinity. Snowden discussed his neighbor's parking requirements, and stated that he is trying to comply with every request the City has made, has jumped through a lot of hoops,and is not asking for anything special. Hearing no one else wishing to speak,the public hearing was closed. Motion (Swann/Charbonneau) Approve Resolution 2019-008 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To Brad Snowden To Operate A Mixed Use Four (4) Unit Multi Family Dwelling On Lot 35 and Lot 36 Block 23, Original Townsite, Located At 430 Fourth Avenue; Within The Office Residential(OR) Zoning District Fleming asked about the parking requirement for the building,and Wilde clarified that the submitted site plan showed adequate parking. Swann discussed the code study requirement being a condition that is appropriate for a change to a more restrictive building use. Motion (Swann/Charbonneau) Amend recommended conditions to add number nine, requiring a professional architectural code study with remedies. Commission discussed amending the wording while the amendment was on the floor for vote Motion Failed Unanimous Motion (Swann/Charbonneau) Amend recommended conditions to add number nine, requiring a professional architectural code study with compliance. City of Seward, Alaska Seward Planning&Zoning Commission Minutes May 7, 2019 Volume 7, Page 337 Motion Passed AYES: Seese, Hatfield, Swann, Charbonneau, Fleming NOES: Main Motion Passed AYES: Hatfield, Swann, Fleming, Seese, Charbonneau NOES: UNFINISHED BUSINESS—None NEW BUSINESS A. Discuss Title 14.05 Garbage and Refuse Wilde stated that this item was brought forward by request of a citizen, specifically the CUP requirements when it comes to dumpsters, and animal resistant trash containers, as well as in anticipation of the forthcoming ban on plastic bags and single use containers. The citizen requests that the Commission schedule a work session to address these topics. B. Follow-up discussion of April 16, 2019 Lodging Work Session Bacon stated that at the close of our April 16, 2019 work session, Commission was asked to reflect on the discussion and direct station how to proceed. Swann requested that this topic be taken up again when administration has gathered more data on short term rental use. C. Set topic for May 21, 2019 Work Session Commission set topic to discuss changes to the fee schedule, and utility expansion and housing, in preparation for May 28, 2019 City Council work session Commission Comments Charbonneau-Thanked staff and the public for attending the meeting Seese- Welcomed new City Manager, Scott Meszaros Swann- Suggested a Did You Know topic to state that when providing short term accommodation services, hotel bed tax is owed regardless of whether or not the business owner collected it Fleming- Thanked staff for the packet, and stated that it was right that we were coming up with a plan to address changes in building use. Citizens' Comments Brad Snowden, inside city, thanked the Commission and stated that he is going to have a Marriot quality hotel on his property. Snowden discussed the time and expense this whole process has cost him. City of Seward,Alaska Seward Planning&Zoning Commission Minutes May 7, 2019 Volume 7, Page 338 Lynda Paquette, outside city, asked that administration should provide a list of architects to property owners if requiring their services. Commissions and Administration Response to Citizens' Comments Tom Swann stated that in the State of Alaska, commercial buildings already require engineered drawings done by professional architects. Swann stated that Seward has put forth good effort to help property owners develop, and that the building department and fire department seem overburdened with requests to advise property owners on the steps to take to become building code complaint. Swann reiterated a point that was made earlier, which is that an architectural study can actually save money by providing the most efficient means to renovating a building to bring it up to safety standards. Jackie Wilde stated again, that the Community Development department would put together a list of architects in the area,just as we do with land surveyors. ADJOURNMENT (Swann) The meeting was adjourned at 8:45 p.m. IP Lt S340 , Jacki C. Wilde C. • L. cklund Planner ,cos s.14 Jep (City SAPp-� � �.;'{ °�. a ° ea c u, •/ ?r t L• • 9 7 p .� .�4OFl e6,�