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HomeMy WebLinkAbout02042020 Planning & Zoning Minutes City ofSeward,Alaska Seward Planning&Zoning Commission Minutes February 4, 2020 Volume 7, Page 383 CALL TO ORDER The February 4, 2020 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 Nathanial Charbonneau Tom Swann Martha Fleming Craig Ambrosiani Comprising a quorum of the Board; and Also Present Jackie C. Wilde, Community Development Director Andy Bacon, Planning Assistant Excused Kelli Hatfield Gary Seese CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Brenda Ballou, inside city, stated that she would like to address the Commission as City Clerk, representing City Council, regarding a recent Council agenda item regarding crosswalks. Ballou stated the intent of Councils direction to the Planning and Zoning Commission is to work on an application and a policy relating to crosswalks that is content neutral. The process that the Commission creates must be able to apply to anyone and everyone. Linda Lasota, outside city, thanked City Council for asking the Planning and Zoning Commission to work on an application for crosswalks. Lasota stated that'she agreed with the previous comments and urged the Commission to work on a crosswalk policy that applied to everyone. Norma Shellgren, outside city, stated concerns about the crosswalk and specifically the meaning of the rainbow as written in the bible. Shellgren read from the book of Genesis. Shellgren stated that she opposes a rainbow crosswalk. Margaret Clark, inside city, stated that she opposes the rainbow crosswalk. Clark asked the Commission to consider what may result if crosswalk designs were opened to anybody and asked if it would bring peace and harmony. City of Seward,Alaska Seward Planning&Zoning Commission Minutes February 4, 2020 Volume 7,Page 384 Elle Zernia, outside city, stated that she is a business owner incity limits who recently purchased property between the Railroad Depot and Leirer Road and is facing challenges to the way she would like to use the property due to City zoning regulations. Zernia stated that she would like to operate her retail business at that location, but that was not an allowed use, and she was requesting direction from the Commission on how best to proceed to make a change that would allow her to move her mermaid boutique gift shop to that location. Zernia also spoke to the recent comments relating to crosswalks and stated that as a business owner she fully supported the crosswalk project, and stated that an all-inclusive mentality is very important these days. Lynda Paquette, outside city, stated that the Commission has a great challenge ahead with the crosswalk process, and is interested in how other cities have gone about implementing a crosswalk policy. Paquette discussed possible outcomes and alternatives. Tony Baclaan, inside city, stated that he was speaking as a citizen, and as vice president of the Seward Pride Alliance, regarding concerns that have been stated by various members of the public about crosswalks. Baclaan discussed FHWA guidelines and cited a discussion he had with a DOT traffic engineer regarding decorative crosswalks, and ways in which they can be designed in compliance with guidelines. Baclaan stated concerns that there may be misinformation circulating on this topic. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Swann/Charbonneau) Approve the agenda and consent agenda Motion Passed Unanimous The January 7, 2020 regular meeting minutes were approved on the consent agenda SPECIAL ORDERS,PRESENTATIONS AND REPORTS Administration Report Jackie Wilde updated the Commission on the following business items • Wilde reminded Commissioners about the upcoming planning conference and looked forward to attending with Commissioners Charbonneau, Swann and Ecklund. • Wilde provided two laydown items for the Commission regarding the 2020 Census. Seward had a low participation rate in 2010. Computers are available in the Library for citizens to fill out the census, and local census jobs are open for conducting counts. • Wilde offered condolences to the family of Seward citizen John French, who has been a dedicated civic leader on the Historic Preservation Commission, and passed around a card for the Commission to sign Other Reports, Announcements, and Presentations Chair Cindy Ecklund presented a certificate of appreciation recognizing Commissioner City of Sewarct Alaska Seward Planning&Zoning Commission Minutes February 4, 2020 Volume 7, Page 385 Martha Fleming for her eight years of service to the City of Seward on the Planning and Zoning Commission New Business Items requiring a Public Hearing- none UNFINISHED BUSINESS Resolution 2020-02 Recommending City Council Approval Of The Rezoning Of Forest Acres Lots 00, PP, And XX, From Single Family Residential (RI) To Multi Family Residential (R3) This resolution was brought forward on January 7, 2020 for a public hearing and was postponed; it is coming back tonight for a second public hearing in order to include a proposed amendment that would expand the lots being rezoned to include NN and BJ Bacon stated that this item is being brought back for public hearing and discussion after the Commission postponed it at their January 7 meeting, and a substitute resolution has been included on page 5 of the meeting packet that includes the addition of Lots NN and BJ to the original resolution. Bacon stated that public notice was provided that reflected the additional properties in accordance with City Code. Bacon discussed the surrounding land use and zoning designations of properties in the area. Bacon stated that staff recommends the Commission adopt substitute resolution 2020-02. Chair Ecklund opened public hearing on this item Kevin Christian, inside city, stated that he owns Lot NN, in the proposed area to be amended, and supports the rezoning. Vickie Detert, inside city, stated that she owns Lot BJ, in the proposed area to be amended, and plans to construct a single-family house on the property. Detert stated that she is not opposed to the zoning change but does not see a reason to include her property, given her development plans. Carol Griswold, inside city, discussed the importance of Commissioners making non arbitrary decisions based on findings of fact. Griswold outlined four criteria in which land use decisions should be weighed, relating to benefit to the public, consistency with a land use plan, the size of the area to be rezoned and compliance with City Code. Griswold then discussed her own personal findings relating to these criteria, including that there was not R3 zoning contiguous to • the subject area, and concluding that this proposed rezoning constituted illegal spot zoning. Griswold discussed potential seismic and flood hazards in this area and spoke against promoting increased housing density in this area. Jim McCracken, outside city, stated that this proposal had been discussed at the January 7 meeting. McCracken stated that flood ha7 rds would be mitigated through adhering to the flood ordinance regulations. McCracken stated that other safety concerns mentioned could be mitigated through working with engineered plans and the building department. City of Seward,Alaska Seward Planning&Zoning Commission Minutes February 4, 2020 Volume 7, Page 386 Ecklund relaxed the rules to allow additional public comment Kevin Christian, inside city, stated that there was multiple family senior housing being developed in the area of this proposed rezone. Carol Griswold, inside city, stated that Code allows rezoning if a property is contiguous to one of a different zoning designation. Griswold recalled that the long term care facility was proposed to be located on city property across the street from the proposed area to be rezoned, and that a geotechnical study determined the substrate to be of such a nature as to require extensive engineering for large buildings. Motion(Fleming/Swann) Approve substitute Resolution 2020-02 Recommending City Council Approval Of The Rezoning Of Forest Acres Lots 00, PP, NN, 13J And XX, From Single Family Residential (R1) To Multi Family Residential(R3) Fleming stated that this proposal was discussed in depth at the last meeting, and that including the two neighboring properties in this proposal makes sense. Fleming does not think this recommendation is arbitrary or constitutes spot zoning. Fleming stated that omitting Lot BJ from the proposal would potentially create more of a spot zoning situation. Swann concurred with Fleming, stating that the Commission had discussed moving forward with recommending the two additional properties. Charbonneau concurred with Swann and Fleming. Ambrosiani recalled from previous discussion that the Commission discussed this area as being desirable for multiple family housing and stated that he did not think it was in the purview of the Commission to make determinations on whether the ground is stable enough for multiple family development. Ecklund stated that she supports this resolution based on the staff report and that the application follows City Code. Ecklund stated that she was reassured to hear the applicant state that they would work with engineers prior to building. Ecklund also stated that the R3 zoning designation would not preclude a property owner from building a single-family house. Ecklund stated that she has been on the Commission for quite some time, and it is a constant comment that Seward needs more housing, and she feels that this is a way to meet that need. Ambrosiani also noted that the increased density would have a minimal impact on traffic congestion through residential neighborhoods given the proximity to the highway. Ecklund stated that she would like to summarize the Commissions findings for the record, including Commissioner Ambrosiani's comment about access, the size of the proposed area exceeding minimum requirements set by code,and that it helps meet the need for more residential housing in Seward. Motion passed AYES: Swann, Charbonneau, Ambrosiani,Fleming,Ecklund NOES: none City of Seward,Alaska Seward Planning&Zoning Commission Minutes February 4, 2020 Volume 7, Page 387 NEW BUSINESS A. Discuss 2030 Comprehensive Plan The topic of the January 21, 2020 Planning and Zoning Work Session was to conduct an Annual Review of the 2030 Comprehensive Plan. At the meeting the Commission discussed taking a few approaches to reviewing this document. One idea was to choose 'hot topics' of discussion for subsequent plan reviews in the run up to the 2040 Plan. Another idea was to conduct plan review meetings that focused on a specific area of town. Staff is seeking direction on how to proceed with initiating further review of the 2030 Comprehensive Plan. Commission recommended reviewing the City by area, or neighborhood, and suggested spending some time at the next work session in delineating sections of town for Comprehensive Plan review. Commission also requested that staff research the current use of each property prior to one of the future neighborhood meetings. B. Discuss permitting process and procedures for crosswalks,per council direction Wilde stated that the City Attorney advises that any permitting process the Commission develops should be content neutral and open to any applicant. Wilde suggested this process should initiate in a work session. General discussion followed regarding information that would be brought to the future work session. Ecklund stated that the Historic Preservation Commission should be included in a future work session on this topic and reminded everyone that the process will be content neutral, and open to any person or group. C. Discuss cancellation or rescheduling of February 18,2020 Work Session Commission discussed rescheduling February 18, 2020 work session for February 27,2020. Commission discussed potential work session topics. Motion (Ambrosiani/Charbonneau) Reschedule the February 18, 2020 work session for February 27, 2020, and set work session topics to review crosswalks and land use Commission discussed using a portion of work session time to divide areas of town for the purpose of land use review for future Comprehensive Plan work sessions, and then working on a walkable mural/crosswalk policy Motion passed Unanimous Commission Comments: Charbonneau-Thanked the public for attending the meeting and staff for their work Swann-Concurred with Commissioner Charbonneau City of Seward,Alaska Seward Planning&Zoning Commission Minutes February 4, 2020 Volume 7,Page 388 Ambrosiani- Stated that he would like to hear more from Elle Zernia about her earlier public comment Fleming- Thanked the Commission for all the good meetings over the years and said she would miss working with everyone. Ecklund- Thanked Commissioner Fleming and said she would miss her tremendously. Thanked staff for preparing the meeting and the public for attending Citizens' Comments: Linda Lasota, outside city, thanked the Commission, especially the Chair, for remembering to include the Historic Preservation Commission in discussions on crosswalk policy. Lasota thanked the Commission for their professionalism in how they are moving forward with forming a crosswalk policy. Elle Zernia, outside city, stated that she purchased the property located between the Railroad Depot and Leirer Road, containing four metal buildings. Zernia would like to move her Mermaid Grotto gift boutique,presently located on South Harbor Drive, to this new location. Zernia would also like to open a small plate café in this location. Zernia stated that she spoke with AKRR VP of Real Estate, who is excited about the changes she proposes. Zernia discussed the present appearance of the location and stated that the railroad staff she spoke to was in favor of seeing her creating a space where passengers could be comfortable if they arrived early for a train. Zernia stated that retail sales are not currently allowed in the Industrial Zoning District. Ecklund relaxed the rules to ask questions of the speaker Ecklund asked Zernia about current zoning of Industrial and surrounding zoning districts. Zernia stated that the code currently allows an eating establishment, but that she would like to bring her retail business over there as well. Zernia noted that ACE Hardware was a retail business, and asked the Commission if there were any processes that she could apply for to legally operate her proposed business. Ambrosiani asked staff what options were available to Zernia. Wilde stated that retail sales of marine and industrial items were allowed in the Industrial Zoning District. Wilde stated that she had discussed this topic with Zernia, and that the use she is proposing is not allowed by the Land Use table and would require a code change or a zoning change. Swann stated that he would recommend this topic be brought up at a work session to invite public participation. Tony Baclaan, inside city, stated that he would like to use his time to talk about visibility in the LGBT community and how crosswalks save lives. Baclaan noted that crosswalks provide protection for pedestrians, but also that the proposed rainbow crosswalk can save lives in that its presence shows a message of community support for people in the LGBT community. Baclaan discussed the high rates of depression and suicide in the LGBT community and challenges they face as children. Baclaan stated that the purpose of the proposed rainbow crosswalk is to show love to people and may have the potential to save a life. City ofSeward Alaska Seward Planning&Zoning Commission Minutes February 4, 2020 Volume 7, Page 389 Norma Shellgren, outside city, stated that she thought LGBT orientation is a personal choice, and that it is intimate, and she did not think it should be broadcast. Shellgren discussed the importance of being a loving and accepting community for all people, but did not agree with bringing attention to one group. Carol Griswold, inside city, asked about recording P&Z meetings. Griswold suggested that P&Z hold work sessions to revise Title 15 in three specific areas: updating the land use amendment process to add requirements for findings, updating the land uses allowed table, and updating the code on nightly lodging. Griswold stated that we are trying to move ahead while fighting outdated Code. Griswold suggested the Commission begin working toward a Title 15 update by initiating a series of work sessions. Commission and Administration Response to Citizens' Comments Ecklund stated that Planning and Zoning meetings are live on Youtube and meetings are archived there, as well as on the Seward Civic Engagement Facebook page. Ecklund agreed that there were sections in Title 15 that needed updating and discussed some of the recent efforts the Commission has made in that regard. Swann stated that the process of looking at nightly rentals started because the Commission wanted to look at land use, and the result of that discussion was that they couldn't make changes to land use regulations without first having more data on current land use in the City. Wilde updated the Commission on a new informational piece that will be appearing in future meeting packets that tie potential work session topics with Commission priorities. ADJOURNMENT(Swann) The meeting was adjourned at 8:35 PM C Jacki C. Wilde y L. un Community Development Director Chair (City Seal)•••.......•,, �..•y OF SEit••., S*CieroWitl?. 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