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HomeMy WebLinkAbout12032019 Planning & Zoning Minutes City of Seward Alaska Seward Planning&Zoning Commission Minutes December 3, 2019 Volume 7, Page 368 CALL TO ORDER The December 3, 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 Swann led the pledge of allegiance to the flag ROLL CALL There were present: Cindy Ecklund presiding,and Gary Seese Nathanial Charbonneau Tom Swann Kelli Hatfield Martha Fleming Craig Ambrosiani Comprising a quorum of the Board; and Also Present Jackie Wilde, Community Development Director Andy Bacon, Planning Assistant Charles Cacciola, Counsel for Community Development Department SPECIAL ORDERS,PRESENTATIONS AND REPORTS Administration Report Jackie Wilde updated the Commission on the following business items • Wilde stated that an update to the lodging audit would be presented in January after the Finance Department had opportunity to reconcile their Q4 bed tax revenues • The Community Development Department has been extremely busy. A department budget has been given to Council for approval • The Community Development Planner position is being advertised nationwide and statewide,and so far the City has not received any applicants 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 Motion (Swann/Hatfield) Approve the agenda and consent agenda Motion (Fleming/Swann) Amend the title of Item 7.B.1. to strike the words Resolution 2019-017 and replace with Resolution 2019-021 �"" Motion Passed as amended Unanimous City of Seward,Alaska Seward Planning&Zoning Commission Minutes December 3, 2019 Volume 7,Page 369 The November 5, 2019 regular meeting minutes were approved on the consent agenda New Business Items requiring a Public Hearing Resolution 2019-021 Granting A Variance From Seward City Code 15.10.220 Development Requirements To Reed And Kelley Wiley Lane, Permitting An Exception To The Zoning Code To Allow Structure Within The 5 Foot South Side Setback On Lot 27, Block 27, Original Town Site Seward, 512 First Avenue, Within The Single Family Residential (R1) Zoning District Wilde read aloud the review criteria for variance applications in section 15.10.325 of City Code. Wilde introduced Charles Cacciola, counsel for Community Development, and stated that he would be speaking on any allegations or litigation on this variance. Cacciola stated that his role was as advocate for the Community Development Department, and that he was not advising the Commission. Cacciola stated that the Department believes this variance should be denied because it does not provide sufficient information. Denying the variance on those grounds would allow the applicants to re-apply and provide more detailed information on what specifically they are requesting relief from. Ecklund stated the Commission may have questions during discussion of the motion. Ecklund opened public hearing. Rissie Casagranda, inside city, introduced herself as project manager for the applicants. Casagranda discussed some mistakes made on the application, and provided some correction and clarification to the Commission. Casagranda stated that she thought the administration had mistakes as well and that this was a messy process. Casagranda stated that there had been little communication from the City. Casagranda stated that she had been given conflicting information by administration. Casagranda discussed the laydown items she provided to Commission Reed Lane, inside city, introduced himself as the applicant. Lane provided a laydown of a redlined version of the resolution in question. Lane discussed that the resolution as written was confusing because the title was written in the affirmative and section two was written so as to • deny the variance. Lane stated that he thought the Community Development Department wanted them to get this variance so that they could apply for a building permit. Lane thought the handling of this application was not typical in that it was handed to an attorney, and that the information they provided in the application was not used in the resolution. Lane then discussed the laydown resolution that he provided. The Commission suspended the rules to discuss the application with Lane Vernon Willet, outside city, stated that the applicants were seeking this variance in order to preserve their property. Willet stated that there were projects happening all over the city that are out of compliance with setbacks, and questioned why the Community Development Department singled out this project. Willet urged the Commission to think about the costs and benefits in their consideration of this application. City of Seward,Alaska Seward Planning&Zoning Commission Minutes December 3, 2019 Volume 7, Page 370 Nan Ashford, inside city, identified herself as a neighbor and spoke in support of granting the variance. Ashford stated that the house on the Lane's property does not appear to be encroaching on anything, and complimented the appearance of the property. John McBride, inside city, discussed the interplay of lot lines and setbacks, and stated that the City should make it easier for property owners to understand what parts of their property they aren't supposed to build on. McBride stated that as-built surveys are very helpful in this regard. McBride supports granting the Lane's a variance. Lynda Paquette, outside city, agreed with the previous speaker and stated that something needed to change. Paquette stated that the City has a reputation for creating a difficult process for citizens whom someone in the administration dislikes. Paquette also stated that the Lane's had received conflicting or inaccurate information from City staff during this application process. Paquette stated that the resolution was confusing as written. Kelley Lane, inside city, discussed the current and intended use of her property, and urged the Commission to support her request for a variance. Lane displayed photos of her family and discussed personal details of her background and family story. Lane stated that she was trying to make her home safer for her elderly mother. Ecklund disclosed ex-parte communication with Lane stating that she received three voicemails from Lane, and communicated via email that she could not discuss the subject matter of the hearing. Ecklund advised the Commission to disclose any ex-parte communication. Fleming stated that she spoke to Lane once, but was unable to discuss the hearing item, and unable to return a call. Ambrosiani stated that he spoke to Lane, and answered some questions. Seese stated that he received a call from Lane but was unable to talk and did not discuss the hearing. Hatfield received three messages from Lane,and stated that she did not reply. Motion (Swann/Seese) Approve Resolution 2019-017 Granting A Variance From Seward City Code 15.10.220 Development Requirements To Reed And Kelley Wiley Lane, Permitting An Exception To The Zoning Code To Allow Structure Within The 5 Foot South Side Setback On Lot 27, Block 27, Original Town Site Seward, 512 First Avenue, Within The Single Family Residential(R1) Zoning District Swann stated that he thinks the Commission has all the information they need to make a determination, and that he is not in favor of granting a variance to the Lane's. Swann asked Cacciola to confirm some information in the application. Discussion surrounding the extent of the variance request concluded that the request is for the extension of a roof line in the easterly and southerly directions, within the side yard setback. Ecklund stated that the issue with this project is that it made a legally nonconforming structure more nonconforming, which is not City of Seward,Alaska Seward Planning&Zoning Commission Minutes December 3, 2019 Volume 7, Page 371 allowed by code. Commission discussed the wording used in the resolution, and that the affirmative language in the title conflicted with the negative language in Section 2. Seese discussed the application and stated that he drove by the property and thought it looked nice. Swann discussed the significance of the structural changes, and stated that building codes weren't necessarily in place to protect a homeowner from their house; they are in place to protect future owners. Swann stated that approving this variance would open the door for other property owners to build without proper permits and then use the variance process to ask for forgiveness. Commission discussed re-platting as a solution since the Lanes own the vacant undeveloped property to the south. Commission discussed postponing the resolution. Fleming stated that the City has made property owners tear down unpermitted, illegal structures. Hatfield asked if approving this variance would set precedence. Wilde stated that this application will have the effect of changing the way that Community Development department reviews building permits. Discussion surrounding defining properties via the use of tax parcel IDs and legal descriptions versus using the underlying plat. Commission discussed one of the laydown items and setback variances that had been granted in the past. Commission discussed what City Code says with regard to nonconformities. Motion (Fleming/Swann) Delete Section 2. of Resolution 2019-021 and renumber subsequent sections. Motion passed AYES: Seese, Fleming, Swann, Ambrosiani, Hatfield, Charbonneau, Ecklund NOES: none Main Motion passed as amended AYES: Seese, Ambrosiani, Fleming, Ecklund NOES: Hatfield, Swann,Charbonneau Chair Ecklund declared a conflict of interest, stating that she is the applicant for the following public hearing item, and handed the gavel to Vice Chair Fleming. Ecklund left the dais. Resolution 2019-018 Recommending City Council Approval Of The Rezoning Of The West Half of Federal Addition Blocks 7, 14, and 17, except Lot 7A Block 17, From Single Family Residential (R1)and Two Family Residential (R2)To Office Residential(OR) Wilde gave an overview of the zoning history of this area. Wilde discussed the surrounding land use and zoning. Wilde stated that this item was properly noticed to the public, and specified the number of citizen's comments received. Fleming opened the public hearing. Cindy Ecklund, inside city, stated that the rezoning application complied with Seward City Code, and recited the code requirements. Ecklund discussed the Seward Comprehensive plan, City of Seward,Alaska Seward Planning&Zoning Commission Minutes December 3, 2019 Volume 7,Page 372 and its role as specified in City Code. Ecklund discussed the changing nature of the uses of the area in the past 20 years. Ecklund stated that the properties in the application no longer meet the definition of the Single Family zone. Ecklund gave an overview of citizen comments during the first P&Z public hearing and subsequent appeal hearing, noting there were no objections from any property owners within the subject area. Ecklund requested that the Planning and Zoning Commission approve Resolution 2019-018. Rissie Casagranda, inside city, stated that she lives on Second Avenue, not within the subject area, but in the neighborhood. Casagranda stated that she supports changing a zone to higher and better use no matter what. Casagranda stated that there were plenty of homes, and noted the availability of miles and miles of land available outside City Limits for single family homes. Casagranda stated that she supports vacation rental businesses, and hoped the resolution wouldn't be denied based on perceptions that short term rentals take away long term housing. Casagranda stated that she doesn't want to see 80-room hotels taking up water views in town. Casagranda discussed issues surrounding exterior lighting that affects her property as well as the subject area. Casagranda stated that she did not want her zoning to change from RI, but that the subject area does not fit the definition of an Rl zone. Casagranda stated that parking was not an issue along Second Avenue. David Struif, inside city, stated that he has been before the Commission multiple times for rezoning this area and has heard the arguments for and against. Struif summarized the arguments against rezoning the area. Struif gave a description of uses and neighborhood characteristics along Second Avenue, noting the differences between the subject area and the area further south. Struif noted that peak use of AVTEC did not coincide with the tourist season, minimizing potential impact of increased congestion in the area. Struif stated that rezoning could create more housing through higher density. Struif stated that environmental impacts to rezoning would be minimal. Struif stated that rezoning to OR would create business investment, property investment,and beautification. Michael Mahmood, inside city, stated that he lives on Second Avenue south of the subject area, and that the Commission should not approve this resolution based on the Comprehensive Plan. Mahmood stated that this would likely result in a loss of long term housing, and that as a renter it is really hard to find affordable rental housing inside city limits. Mahmood stated that he understands the point of view of land owners getting to use their land how they want, but that his opinion is negative toward this rezoning. Reed Lane,inside city, supports this rezoning application because it would give property owners more flexibility. Lane stated that this area had the surroundings of the OR district with a zoning designation of R1. Lane stated that the market would sort out which properties are used for housing and which are used for business, and that providing a greater flexibility in use for these properties would be beneficial to the owners. Brendan Ryan, outside city, stated that he is a property and business owner in the area, and was asked to speak to this application. Ryan stated that his opinion is neutral on what the zoning designation should be for this area, but discussed a recent conflict over parking that was brought City of Seward,Alaska Seward Planning&Zoning Commission Minutes December 3, 2019 Volume 7, Page 373 before the Commission that involved his business. Ryan stated that if the zoning change is approved, the residents in the area need to be aware that there will be increased use of public parking along the right of way, and that this is a legal use. Ryan also stated that while property owners should be able to do what they want to with their land, that they also knew the zoning designation when they purchased it. Ryan noted that one could petition to have their zone changed, but disagrees with the notion of implying that change must happen. Ryan noted that in some instances a rezone does not work for everyone, and that citizens should be more conscious of some of the changes being pushed for in Seward. Jen Leahy, inside city, stated that she lives on Second Avenue south of the subject area. Leahy stated that in general she supports actions that are aligned with the Comprehensive Plan and opposes actions that are against the Comp Plan, because the development of that plan was a public process that resulted in a shared vision of our community. Leahy is concerned that making exceptions to the guidelines set by the Comp Plan chips away at its legitimacy. Leahy supports rezoning to R-2, as specified by the Comp Plan. Leahy is concerned that approval of this rezone will cause adjacent properties along Second Avenue to face rezoning challenges. Leahy stated that allowing a rezone that permits vacation rentals on the part of Second Avenue where she lives would assuredly result in her eviction. Leahy is concerned that renters are underrepresented constituents of the Planning and Zoning Commission, and that she speaks on behalf of renters in stating the difficulties faced by residents of Seward who are not in a position to buy property. Leahy urged the Commission to consider the long term effects of their decisions. Carol Griswold, inside city, referenced a letter that she submitted for publication in the meeting packet. Griswold discussed the importance of written findings of fact in making decisions, that they help the public understand the process. Griswold stated that this application is not supported by City Comp Plan, and discussed the uses in the subject area and surrounding areas. Griswold stated that OR uses are incompatible with the neighborhood. Griswold stated that vacation rentals are at the core of this issue, and they are already allowed in many other areas. Griswold stated that vacation rentals take long term housing away from residents. Griswold stated concerns that commercial zoning will creep down Second Avenue. Griswold stated that she would support a change to R2. Cindy Ecklund, inside city, stated that rezoning to OR will not restrict single family housing. Ecklund stated that the Comp Plan is a guide, but City Code is the law, and this rezoning request follows City Code. Ecklund stated that this application is supported by the residents, and this location is a prime area for some development. Carol Griswold, inside city, stated why leap from R1 to OR, when the subject area is not situated between high density commercial and medium density residential. Griswold stated that the OR zone for this area is not supported by City Code. Griswold said the more logical zone would be R-2. Griswold stated that most of the uses in the subject area and surrounding area are housing. City of Seward,Alaska Seward Planning&Zoning Commission Minutes December 3, 2019 Volume 7,Page 374 Motion (Ambrosiani/Seese) Approve Resolution 2019-018 Recommending City Council Approval Of The Rezoning Of The West Half of Federal Addition Blocks 7, 14, and 17, except Lot 7A Block 17, From Single Family Residential (R1) and Two Family Residential (R2) To Office Residential (OR) Ambrosiani stated he would like to see a buffer zone between commercial businesses on Third. Ambrosiani said residential is appropriate for the rest of Second Avenue, but this area is different. Ambrosiani discussed surrounding land uses in the area. Ambrosiani stated that OR or UR would be a more appropriate zone. Ambrosiani stated this would not necessarily remove housing. Seese stated that he agreed with Ambrosiani. Seese said the only way these places will change from residences is if the people living there make the change, and these people should have more flexibility. Motion (Hatfield/Swann) Amend the title Resolution 2019-018 to strike the words Office Residential and replace with Two Family Residential Hatfield stated that she believed everyone agrees that the subject area is no longer an RI area, but that the debate was over which zone it should be. Hatfield stated that R2 is the more appropriate zoning designation because it is supported by the Comp Plan, and represents a more incremental change. Hatfield stated that the OR zone allows some commercial uses that would be incompatible with the neighborhood. Swann stated that institutional uses are commonly found in residential neighborhoods, such as schools. Ambrosiani stated that residents in this area needed more flexibility than R2. Fleming concurred, and stated that property owners in this area should be able to do what they want. Motion Failed AYES: Charbonneau,Hatfield, Swann NOES: Ambrosiani, Seese, Fleming Motion (Hatfield/Swann) Amend the title Resolution 2019-018 to strike the words Office Residential and replace with Urban Residential Hatfield stated that the Urban Residential Zoning designation would represent a compromise. Hatfield stated that the UR zone allows art galleries, vacation rentals, and light office uses that property owners are seeking. Wilde, in response to Fleming, read the definition of the Urban Residential zoning district. City of Seward,Alaska Seward Planning&Zoning Commission Minutes December 3, 2019 Volume 7, Page 375 Motion passed AYES: Charbonneau, Hatfield, Swann, Fleming NOES: Ambrosiani,Seese Main motion passed as amended AYES: Swann, Charbonneau, Hatfield, Fleming NOES: Ambrosiani, Seese Chair Ecklund returned to the dais UNFINISHED BUSINESS—None NEW BUSINESS Resolution 2019-019 Recommending That The Seward City Council Officially Proclaim The Name"Benny Benson Park"To The City Park Located At 1121 Third Avenue; the Area West of Third Avenue, Bounded By Dairy Hill Lane And Chamberlin Road, Comprising The Seward Lagoon,Rotary Pavilion,And Benny Benson Memorial, Commonly Known As Benny Benson—Lagoon Park Wilde stated that the resolution was brought forward by past requests that the Community Development Department and Parks Department codify park names. Motion (Swan n/Charbonneau) Approve Resolution 2019-019 Recommending That The Seward City Council Officially Proclaim The Name "Benny Benson Park" To The City Park Located At 1121 Third Avenue; the Area West of Third Avenue, Bounded By Dairy Hill Lane And Chamberlin Road, Comprising The Seward Lagoon, Rotary Pavilion, And Benny Benson Memorial, Commonly Known As Benny Benson — Lagoon Park Motion passed AYES: Hatfield, Swann, Charbonneau, Fleming,Ambrosiani,Seese, Ecklund NOES: none • City of Seward,Alaska Seward Planning&Zoning Commission Minutes December 3, 2019 Volume 7, Page 376 Resolution,2019-020 Granting a Six Month Extension To Conditional Use Permit No. 2019- 07, Issued To Brad Snowden For The Operation Of A Mixed Use Four Unit Multi-Family Dwelling At 430 Fourth Avenue Located In The Office Residential(Or) Zoning District Wilde stated that the applicant is still working on meeting the conditions of the permit, and has requested an extension to the time allotted by the original conditional use permit. Motion (Swann/Hatfield) Approve Resolution 2019-020 Granting a Six Month Extension To Conditional Use Permit No. 2019-07, Issued To Brad Snowden For The Operation Of A Mixed Use Four Unit Multi-Family Dwelling At 430 Fourth Avenue Located In The Office Residential(Or) Zoning District Seese stated that the applicant has done nothing in the last six months. Ecklund asked how many extensions an applicant could get, to which Wilde replied that an applicant could get as many extensions as the Commission was willing to approve. Ecklund asked if the applicant could operate in the meantime. Wilde stated that the applicant must comply with all listed conditions before operations commence. Seese made statements critical of the outside appearance of the building. Motion passed AYES: Swann, Hatfield, Fleming, Ecklund NOES: Seese,Charbonneau, Ambrosiani Commission Comments: Fleming-No comment Hatfield-Thanked the public for attending,and thanked staff Charbonneau-Thanked staff for their work Seese- Stated that the large packet for this meeting was indicative of a lot of work going on by staff and the community Swann-No comment Ambrosiani-Thanked the public for their participation Ecklund- pointed out an area on the Future Land Use Map that is adjacent to the subject area of the land use amendment application. Ecklund stated that this area, presently zoned Auto Commercial, is shown as Office Residential on the Future Land Use Map, making it potentially contiguous to the subject area of the rezoning application. Citizens' Comments: Rissie Casagranda, inside city, stated that the Comprehensive Planning process absolutely sucked. Casagranda stated that there were supposed to be twenty five meetings but nobody heard about the first twenty. Casagranda stated that the firm that was hired was absolutely terrible. Casagranda hoped that the next comprehensive planning process would have more public participation. City of Seward,Alaska Seward Planning&Zoning Commission Minutes December 3, 2019 Volume 7, Page 377 Reed Lane, inside city, stated that he appreciates all the discussion on his property and the careful consideration by the Commission. Lane stated that he was told to apply for the variance and then the City hired an attorney to fight it, and he is glad he will not have to come before the Commission again. Kelley Lane, inside city, stated that it is her goal to bring her property into compliance. Lane is grateful that the Commission approved her variance. Lane stated that this process has been agonizing. Lane stated that she has been told conflicting things throughout this process, and that she was served papers by the Community Development Department while at her job. Lane thanked the Commission for helping her move forward with her project. Commissions and Administration Response to Citizens' Comments- none Hatfield and Ecklund discussed the future land use map with regard to specific uses that are presently taking place that may preclude rezoning ADJOURNMENT(Fleming) The meeting was adjourned at 10:10 PM Jack C. Wilde Cin . Ecklund Planner Cha (City SeiDA oF�SE•�'7. G/GitP� O • 'Qwio . Jt • v SEAL i • .••FOFpp ••N•. •I N •`