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HomeMy WebLinkAbout06042019 Planning & Zoning Minutes City of Seward,Alaska Seward Planning&Zoning Commission Minutes June 4, 2019 Volume 7, Page 339 CALL TO ORDER The June 4, 2019 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 Martha Fleming Gary Seese Craig Ambrosiani Kelli Hatfield Nathanial Charbonneau Comprising a quorum of the Board; and Also Present Jackie Wilde, Planner Andy Bacon, Planning Assistant Excused Tom Swann SPECIAL ORDERS,PRESENTATIONS AND REPORTS Administration Report Jackie Wilde updated the Commission on the following business items • The Borough assembly is considering appropriating funds to conduct a lodging audit • The Borough assembly is hearing an ordinance to enact a 12% short term occupancy tax • Wilde discussed the upcoming Council work session on utility extensions, and discussion topics for the upcoming Planning and Zoning work session • Wilde stated that Community Development had recently updated their GIS database with assistance from outside GIS technician Other Reports,Announcements, and Presentations- None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None APPROVAL OF AGENDA AND CONSENT AGENDA City of Seward,Alaska Seward Planning&Zoning Commission Minutes June 4, 2019 Volume 7, Page 340 Motion (Fleming/Hatfield) Approve the agenda and consent agenda Commission discussed addingnew business item 9C to set a work session topic for June 18, P 2019 and the amendment to the agenda was carried with unanimous consent Motion Passed as amended Unanimous New Business Items requiring a Public Hearing Resolution 2019-009 Recommending City Council Approval Of The Rezoning Of Lot 23A Marathon Addition Whitehorn Replat, Located At 513 First Avenue, From Institutional (INS)To Single-Family Residential(R1) Planner Wilde stated that the purpose of this resolution is to change the zoning designation of Lot 23A Marathon Addition Whitehorn Replat, from Institutional to Single-Family Residential. The applicants have stated that they intend to construct a single family home for a private residence on the subject parcel,but according to Table 15.10.226 Land Uses Allowed, single- family homes are not an allowed use in the Institutional Zoning District. Wilde discussed the zoning designations and surrounding land uses of adjacent properties, and stated that staff had reviewed and approve of this land use amendment. Wilde stated that this item was properly noticed and no public comments were received. 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/Charbonneau) Approve Resolution 2019-009 Recommending City Council Approval of the Rezoning Of Lot 23A Marathon Addition Whitehorn Replat, Located at 513 First Avenue, From Institutional (INS)to Single-Family Residential(R1) Commission discussed the zoning designations and uses of surrounding properties. Commission discussed the potential for future development of lands owned by the Seward Community Health Center. Chair Ecklund relaxed the rules to allow applicant Laura Schneider to clarify that there was a developed parcel immediately to the south of the subject parcel of this resolution. Motion Passed AYES: Hatfield, Seese, Charbonneau, Ambrosiani,Fleming,Ecklund NOES: none City of Seward,Alaska Seward Planning&Zoning Commission Minutes June 4,2019 Volume 7, Page 341 Resolution 2019-010 Granting A Conditional Use Permit To Carroll and Robert O'Neal To Operate A Four(4) Unit Multi Family Dwelling On Lot 21A Block 25, Original Townsite of Seward Located At 402 Second Avenue; Within The Auto Commercial (AC) Zoning District Wilde stated that the structure presently located at 402 Second Avenue was constructed in 1950, and was used as an auto repair shop, known as Modern Motors. On September 3, 1997 the Planning and Zoning Commission issued a Conditional Use Permit to the property for the construction and operation of a three unit multi-family dwelling. The O'Neals applied for a lodging permit for this property, which indicated that there were four dwelling units within the structure. Based on a review of the submitted application documents and past building permits, the Community Development Department requested that a new CUP be applied for. Wilde discussed the surrounding land uses. Wilde stated that staff has reviewed this application and made no comment. One public comment was received after the packet was published inquiring about the submitted parking diagram. Staff reviewed the parking plan and it is apparent that the required parking exists on the property, and an updated parking plan will be requested during the lodging permit review period. 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/Ambrosiani) Approve Resolution 2019-010 Granting a Conditional Use Permit To Carroll and Robert O'Neal To Operate A Four (4) Unit Multi Family Dwelling On Lot 21A Block 25, Original Townsite of Seward Located At 402 Second Avenue; Within The Auto Commercial (AC) Zoning District Fleming stated that the O'Neals have done a beautiful job renovating this property and supports issuing the CUP. Ecklund was glad to see all required on-site parking provided and available on the property. Ecklund pointed out the spot zoning that exists in the vicinity of this property, and referred to the future land use map, asking if this use would be allowed if the future land use map were adopted and the property was rezoned Office Residential. In response to Ecklund, Wilde stated that the future land use for this block of Second Avenue is Office Residential, and that this use would be allowed. Motion Passed AYES: Ambrosiani, Charbonneau, Seese, Fleming,Hatfield, Ecklund NOES: none City of Seward,Alaska Seward Planning&Zoning Commission Minutes June 4, 2019 Volume 7, Page 342 Resolution 2019-011 Granting A Conditional Use Permit To Elliot Jackson dba Seward Lodging LLC To Operate A Mixed Use Commercial Building Including Restaurant, Housing, and Nightly Lodging Accommodation On Lot 4A Block 3, Original Townsite Seasalt Replat, Located At 133 Fourth Avenue; Within The Central Business (CB) Zoning District Wilde stated that the building was constructed in 1942, prior to the zoning requirement for a Conditional Use Permit, and originally included commercial space on the first floor and single room occupancy style housing space on the second floor. The applicant has applied for a Conditional Use Permit, seeking to keep the restaurant and add a mix of long-term and short- term rentals in the top area. Overnight uses in the Central Business District generally require a Conditional Use Permit. The applicant has stated that they intend to rent five of the eleven upstairs rooms nightly, and retain the remainder for employee use. The second floor of the subject structure includes eleven rooms. Ten of the eleven rooms share bathroom and shower facilities, and all rooms share cooking facilities. Wilde referred everyone to the floor plan layout that was submitted with the application. Wilde stated that staff reviewed this application and that the building department and fire department have requested an architectural code study for the change in use of the building, to ensure that life safety requirements are satisfied. Planning staff has added that as a recommended condition in the resolution. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Chris Sheehan, outside city, stated that she is the Executive Director of Seaview Community Services, and discussed concerns with the lack of provided parking in the CUP application. Sheehan stated that her business provides a parking lot for their employees and customers, and has had issued with the unauthorized use of their lot resulting in damages to fleet vehicles and abandoned vehicles. Sheehan asked the Commission to consider requiring a parking plan for this permit. Elliot Jackson, stated that the building has been used for housing for an undetermined number of years. Jackson noted that the neighboring business was Tony's Bar, and that they have apartments on the second floor. Jackson stated that he did not think the change in use of the upstairs portion of his building would have any effect on the current parking situation. Hearing no one wishing to speak,the public hearing was closed. Motion(Fleming/Charbonneau) Approve Resolution 2019-010 Granting a Conditional Use Permit To Carroll and Robert O'Neal To Operate A Four (4) Unit Multi Family Dwelling On Lot 21A Block 25, Original Townsite of Seward Located At 402 Second Avenue; Within City of Sewar4 Alaska Seward Planning&Zoning Commission Minutes June 4, 2019 Volume 7,Page 343 The Auto Commercial (AC) Zoning District Fleming stated that parking is an issue, and that in the past the Commission has required that businesses providing for overnight use have a parking plan on file. Fleming stated that she would like to discuss a parking requirement for this permit. Fleming was surprised that there were eleven rooms in the subject building, and asked what the current use of the rooms was. Elliot Jackson, appearing from the audience, stated that his business plan was to use a portion of the upstairs rooms for overflow accommodations for the three other hotels that he owns, but also to set some space aside for employee housing. Jackson stated that he is also trying to help provide employee housing on property he owns adjacent to Preachers Pond, and is in the process of working with FEMA on floodplain permitting, so he can build employee housing. Jackson stated that parking is an issue, and he owns two other downtown businesses, but there is nothing that can be done about that until we build a parking garage. Ambrosiani asked if there were any realistic options for providing parking in this part of downtown. Wilde referred everyone to page 21 of the packet, which includes a breakdown of available parking in the area. Ecklund read a letter submitted by Commissioner Swarm, citing the need to be consistent with other CUPs approved by the Commission. The letter stated that the City of Seward is not in a position to monitor how individual rooms are used in a mixed use building, and therefore the applicant should have to meet the most restrictive requirements in a proposed mixed use building consisting of long term and short term lodging. Swarm's letter also stated that a parking requirement consistent with recent Planning and Zoning Commission CUP application reviews should also be applied to this application. Swarm's letter cited the need for a review of life safety requirements when considering a commercial building that includes a restaurant and a mix of long and short term housing. Ecklund asked if the building currently met life safety requirements for the proposed use. Wilde stated that Fire Chief Eddie Athey was in attendance and available to answer questions regarding life safety requirements. Ecklund asked if fire suppression sprinklers would be required if this were new construction,to which Wilde affirmed. Ecklund noted that there was an additional kitchen shown on the application that was between two of the upstairs rooms. Ecklund relaxed the rules to allow the applicant to address the upstairs kitchen. Jackson stated that the upstairs kitchen was not in use. Jackson stated that his chef in the restaurant will prepare any food for his nightly guests, that employees are not allowed to use the kitchen, and the stove is not operational and he has no plans to fix it. Ecklund asked if an architectural code study was listed as a recommended condition, to which Wilde affirmed. Jackson asked about the purpose of the code study and stated that he does not know what that consists of. Ecklund asked if Fire Chief Athey could explain the code study requirement. Athey stated that the purpose of an architectural code study is to get a licensed building professional to survey the building and evaluate the construction materials used in order to determine if the building meets adequate life safety requirements for a proposed use. Athey stated that the benefit to a code study is that a registered architect may come up with more efficient and cost-effective solutions to any potential deficiencies, than building department staff may be able to provide. Jackson stated that he has already spent over half a million dollars on this building making upgrades to the water line and sewer line. Jackson stated that he has bought several other businesses in town that were all in poor condition and feels that every time he tries to make improvements he encounters obstacles from the City. Jackson stated that he is a third generation City of Seward,Alaska Seward Planning&Zoning Commission Minutes June 4, 2019 Volume 7,Page 344 Alaskan and is trying to invest in the state because he likes living here, but is finding is difficult with the many obstacles placed in his way. Jackson cited concerns over time and costs with regard to having to hire an architect to evaluate his building. Jackson stated that if the City did not want him investing here then he could go elsewhere. Elliot Jackson exited Council Chambers Ecklund asked if an architectural analysis was required in other CUPs, which Wilde affirmed was the case for all mixed use buildings. Ecklund stated for clarification that this was a requirement for mixed use buildings intended to promote the safety for residents and customers, which Wilde affirmed. Hatfield asked Wilde for confirmation of what people may not realize, which is that if an applicant were to continue the existing use of providing long term rentals that they would not be subject to the heightened safety requirements of short-term use, to which Wilde affirmed. Hatfield stated that in order to be consistent with previous CUPs, some off street parking needed to be provided. General discussion took place on changes in building use versus maintaining an existing nonconforming use. The Commission and staff discussed classifying this proposed use as a hotel due to the total number of rooms in the building, and the applicant stating that a portion would be used for overflow hotel guests. Ecklund asked if any property owners have had the architectural code study done, and what the process was like. Wilde stated that she has had no direct knowledge at this time of a building owner obtaining a code study. Commissioners requested that staff research the code study process and report back with more details. Ecklund stated that she is thankful for the improvements the applicant has made to businesses in our town, but that the Commission can't let financial considerations affect their decision making when it comes to life safety. Athey discussed and compared the building code requirements for hotels versus long term multi-family dwellings. General discussion followed regarding architectural services. Wilde stated that she has contacted architects and engineering firms in Anchorage and made a list of qualified and interested firms. Motion (Hatfield/Charbonneau) Amend Section 1 F to add condition number 7 requiring seven (7) off-street parking spaces Hatfield stated that this parking requirement was consistent with parking requirements made in previous conditional use permits. Ecklund suspended the rules for Commissioner Fleming to discuss and provide background to the parking requirement with a member of the audience. Bacon stated that off premises parking is allowed by Code, and that when off-site parking is located more than 600 feet from the business that a scheduled shuttle or valet service is required. Motion passed Unanimous Main Motion passed as amended AYES: Hatfield, Fleming, Ambrosiani, Seese,Charbonneau,Ecklund NOES: none UNFINISHED BUSINESS—None City of Seward,Alaska Seward Planning&Zoning Commission Minutes June 4,2019 Volume 7, Page 345 NEW BUSINESS Resolution 2019-012 Of The Planning And Zoning Commission Of The City Of Seward, Alaska, Amending Administrative Filing Fees For Land Management, Signs,Zoning And Platting Requests Wilde stated that this item was discussed during the May 22 work session,and is being brought forward tonight after that discussion. Wilde stated that the current fee schedule was adopted in 1997. Wilde stated that the increase in printing fees will reflect actual cost, as opposed to the five dollar fee that is currently in effect. Prior to tonight's meeting Wilde received a citizen comment requesting that an assigned cost for staff time be applied to custom print jobs. Wilde stated that recording fees will also be charged where applicable. In response to Fleming, Wilde stated that by code the Community Development department will assist citizens in any way possible with any type of project. Fleming asked if the majority of printing requests related to building projects. Wilde stated that Community Development gets a lot of requests for zoning maps and custom jobs. Ecklund asked about the location of the building permit fee. Wilde stated that it is in a different chapter of Code. Ecklund discussed the inclusion of charges for staff time,and the Commission discussed how staff time would be quantified. Fleming stated that she worked in a public office and has to deny requests to use their color printer for prints unrelated to her workplace. Wilde stated that the Community Development department needs to help with these requests. In response to discussion about staff costs, Wilde stated that the intent was to recoup actual costs, and clarified that the staff time charge would only apply to custom sized prints.. Motion (Charbonneau/Seese) Amend "Attachment A" of Resolution 2019-012 to include "plus staff time" to the fee for large format printing (Custom Size) Motion passed Unanimous Main motion passed as amended Unanimous C. Set topic for June 18,2019 Work Session Commission discussed and set topic for June 18, 2019 work session to discuss the lodging audit and receive a presentation of data collected thus far Commission Comments Hatfield-No comment Charbonneau-Thanked planning staff for their work, and thanked Chief Athey for attending the meeting Ambrosiani- Thanked Community Development staff, and the public for attending Seese- Stated that he really enjoyed this meeting, and thanked staff for their work City of Seward,Alaska Seward Planning&Zoning Commission Minutes June 4,2019 Volume 7, Page 346 Fleming- Stated that she wants to keep an eye on the code study process in order to ensure that the requirement is not too restrictive. Ecklund- Agreed with Commissioner Fleming's comment regarding the code study process, but wants to think of it in a positive light Citizens' Comments Lynda Paquette, outside city, stated that she would like to see City staff create a handout to distribute to real estate agents informing potential buyers about City requirements for changes in use. Robert O'Neal, inside city, stated he enjoyed the discussion tonight and found it to be informative. O'Neal stated that he would appreciate seeing the City putting out more public information regarding permitting requirements. Laura Schneider, inside city, thanked the Commission for their volunteer service, and thanked Community Development staff for their work. Schneider stated that Community Development is a department of two staff, and has to balance their workload carefully. Schneider told everyone about initiatives where citizens form committees to take on some of the responsibilities traditionally taken up by local government, and suggested that in the fall the City might want to reach out and ask for citizen input in developing some of the aforementioned outreach materials. Commissions and Administration Response to Citizens' Comments Andy Bacon stated that approved Conditional Use Permits are recorded with the property and come up on title searches when new buyers are in the process of purchasing land. ADJOURNMENT(Hatfield) The meeting was adurned at 8:30 p.m. acki . Wilde indy . E lun Planner Chair (City Seal)