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
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Jacki C. Wilde y L. un
Community Development Director Chair
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