Loading...
HomeMy WebLinkAbout06022020 Planning & Zoning Minutes City of Seward,Alaska Seward Planning& Zoning Commission Minutes June 2,2020 Volume 7,Page 397 CALL TO ORDER The June 2, 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 Ambrosiani led the pledge of allegiance to the flag ROLL CALL There were present: Cindy Ecklund presiding,and Nathanial Charbonneau Tom Swann Liz DeMoss Craig Ambrosiani Gary Seese Kelli Hatfield Comprising a quorum of the Board; and Also Present Jackie C. Wilde, Community Development Director Eric Kozielski, Planner Andy Bacon, Planning Assistant CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Andrew Koster, inside city, stated his concern over the potential siting of a cell phone tower directly adjacent to a home he is building. Koster stated that he has just finished going through significant expense and effort to rebuild a historic house in character with the neighborhood,when his zoning could have allowed for a four plex. Koster stated that a cell phone tower going in next door felt like a slap,and that it was out of character with the neighborhood. Mary Beth Koster, inside city, stated concerns over the potential siting of a cell phone tower in the Lutheran Church parking lot. Koster stated that a tower in this location would be an eyesore for everyone coming into town on Third Avenue. Koster felt that a more suitable location could be found. Ristine Casagranda, inside city, stated that she is concerned that the Planning and Zoning Commission priorities contain reference to finding a solution to long term housing and looking at lodging in the same sentence. Casagranda stated that one industry should not be stifled to solve another problem. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Swann/Charbonneau) Approve the agenda and consent agenda City of Seward,Alaska Seward Planning&Zoning Commission Minutes June 2, 2020 Volume 7,Page 398 Motion (Ecklund/Swann) Motion to remove March 3, 2020 meeting minutes from the consent agenda Motion Passed Unanimous Main Motion Passed AYES: Charbonneau, Swann, DeMoss, Ambrosiani,Seese, Hatfield, Ecklund NOES: none SPECIAL ORDERS,PRESENTATIONS AND REPORTS Administration Report Jackie Wilde updated the Commission on the following business items • Wilde thanked the Commission for attending the meeting and stated that the Clerk was discussing with UAF the possibility of locating public meetings at the KM Rae building. UAF policy at this time restricts group use,due to COVID, but once that is lifted the potential exists to use that larger space for public meetings. • Wilde notified everyone of the new Community Development Department general email.address: planning@cityofseward.net. • Wilde introduced Eric Kozielski,the new Community Development Planner • Eric Kozielski introduced himself and gave some background on his work history and stated that he is looking forward to working with everyone and becoming part of the community. • Wilde discussed the possibility of modifying work session protocols to continue to do public business during the pandemic. Commissioners discussed issues with increased meeting commitments and compliance with open meetings act. • In response to Ecklund, Wilde stated that Council would soon hold capital improvement work sessions to determine project priorities, Fort Raymond • development being among the potential projects. Other Reports,Announcements,and Presentations New Business Items requiring a Public Hearing Resolution 2020-05 Recommending Kenai Peninsula Borough Approval of The Point Subdivision; Creating Two (2) Tracts, Each Located Inside and Outside Seward Municipal Boundaries; Vacating Lot Lines, Dedicating Rights-Of-Way and Utility Easements;Located on Nash Road Within The Industrial(I) Zoning District Bacon stated the purpose of the plat was to vacate lot lines, dedicate right of way and create two parcels that would be located both within and outside City limits. Bacon stated that a subdivision agreement is not required due to the parcel location,discussed the surrounding land uses and stated that a portion of the property is in a flood zone. Staff reviewed the replat and noted the presence of the applicant's personal property located in the right of way to be dedicated, and that this area City of Seward,Alaska Seward Planning&Zoning Commission Minutes June 2, 2020 Volume 7, Page 399 be free and clear of any obstructions prior to final plat approval. Bacon stated that the applicant did not properly post the public notice sign adjacent to the nearest improved street,but that instead it was placed further back on the property where visitors enter for fishing and camping. Staff recommended that Commission postpone this item until next meeting so the hearing can be properly noticed. Chair Ecklund opened public hearing on this item. No one from the audience appeared to give testimony. Planner Eric Kozielski stated that he had received written comments from a citizen wo wished them to be read into the record: Mike Insalaco, inside city,stated that he owned property adjacent to the subject property and had concerns over the proposed dedication of right of way along his southerly property line. Insalaco further noted that the public notice sign was not being properly displayed facing Nash Road Hearing and seeing no one else wishing to speak the public hearing was closed Motion (Swann/Ambrosiani) Approve Resolution 2020-05 Recommending Kenai Peninsula Borough Approval of The Point Subdivision; Creating Two (2) Tracts, Each Located Inside and Outside Seward Municipal Boundaries; Vacating Lot Lines, Dedicating Rights-Of-Way and Utility Easements; Located on Nash Road Within The Industrial (I) Zoning District Ambrosiani asked about the presence of structures on the proposed right of way. Bacon stated that there appeared to be storage containers and small outbuildings in the proposed right of way based on aerial imagery,however the overlaid parcel lines may not be precise enough to make that determination. Ecklund asked about the location of the adjacent property with respect to the right of way brought up in citizen comments. Bacon showed the location of adjacent parcel on the map and the location of the parcel that would be landlocked by this platting action. Ecklund requested the inclusion of all parent plats in future, and discussed Borough requirements for the dedication of rights of way. Motion (Swann/Charbonneau) Amend Section 1 of resolution to add the condition that all structures in the 30 foot right of way shall be removed, as recommended by staff Motion Passed AYES: Hatfield, Swann, Seese, Charbonneau, Ambrosiani, DeMoss, Ecklund NOES: none City of Seward,Alaska Seward Planning&Zoning Commission Minutes June 2, 2020 Volume 7, Page 400 Motion (Hatfield/Swann) Postpone this item until the July 7, 2020 meeting Motion Passed Unanimous Resolution 2020-06 Recommending City Council Approval Of The Rezoning Of Lots 2,3,4- 5 And NV2 Of Lot 6 Block 16 From Multi-Family Residential (R3) To Central Business District(CB) Kozielski described the location proposed to be rezoned from Multi-family (R3) to Central Business(CB)and identified the properties for consideration. Kozielski stated that the application indicated the purpose of the rezoning was to bring the property into conformance with the land use plan and allow for a wider variety of uses, including the possible location of a communication tower. Kozielski stated that the 2030 Comprehensive Plan recommended implementing the land use plan and noted the ways in which this application for rezoning met code requirements for consideration of a land use amendment. Kozielski stated that required public noticing guidelines were followed for this hearing item. Kozielski discussed surrounding land uses and zoning designations. Kozielski stated that staff reviewed the application and no objections were received. Kozielski stated that prior to publication he answered one public inquiry as to the location of the proposed rezoning, and that after publication of the packet,a second property owner of one of the properties signed on to the application came forward in objection to the proposed rezoning. Kozielski stated the staff recommendation is to postpone this item to consider adding the remaining Multi-Family residential property to the south to eliminate a spot zone and to also consider adding the Multi-Family residential properties across Fifth Avenue bring the area into conformance with the future land use plan. Commissioner Liz DeMoss stated a potential conflict in that she has a business relationship with the applicant. DeMoss further stated that she has no interest in any of the properties affected by this application. Chair Ecklund directed the Commission to discussed the potential conflict and the Commission ruled that a conflict did not exist and Commissioner DeMoss remained at the dais. Chair Ecklund opened public hearing on this item Ristine Casagranda, inside city, provided background on how she purchased the property from the previous owner and then learned that it was zoned Multi Family and subject to use and development restrictions, specifically about setback requirements in the R3 zoning district. Casagranda stated that she was then contacted by a representative inquiring about locations for a communication tower and began considering that as a potential use of her property. Casagranda stated that she is not attached to any specific development plan for the property at this time. Casagranda discussed the process in which her application is being reviewed, and has a problem with the recommendation that other properties would be added to her application when she spent the time putting it together and paying a filing fee. Casagranda stated she does not object to the City of Sewar4 Alaska Seward Planning&Zoning Commission Minutes June 2, 2020 Volume 7, Page 401 proposed addition of the other properties, but feels that if the City pursues that then she ought to receive a refund of her filing fee. Meghan Coppock, inside city, stated that she has owned the property to the north for 22 years, and that the co-owner has been outside the state of Alaska for 21'rz of those years. Coppock stated that this is her primary residence, and she is in the process of a historic renovation of the home. Coppock stated that she was not informed or consulted about the proposed rezoning and does not consent to her home being rezoned. Coppock discussed the surrounding historic homes on the street and stated she did not want to see the historic character of the neighborhood changed. Motion (Charbonneau/Swann) Approve Resolution 2020-06 Recommending City Council Approval Of The Rezoning Of Lots 2,3,4-5 And NY: Of Lot 6 Block 16 From Multi-Family Residential (R3) To Central Business District(CB) Motion (Swann/DeMoss) Amend the title of Resolution 2020-06 to add the words "Original Townsite of Seward" after"Block 16" Motion Passed Unanimous Charbonneau stated concerns that this action would leave one lone R3 zoned property in the middle of the block. DeMoss asked if it was typical that a property owner should seek to bring adjacent properties into conformance with the future land use map when seeking a similar change for their own property. In response, Kozielski discussed a recent rezoning of properties in Forest Acres that had a similar issue.Ecklund and Wilde discussed the process by which this item would be re-advertised for public hearing to include the other R3 zoned properties in the area. Swann asked staff if a property owner objecting to a zoning change would not have to be included, to which Wilde affirmed. Discussion followed relating to code requirements for enacting land use amendments and development requirements for R3 and CB zoning districts. Chair Ecklund relaxed the rules to ask the applicant additional questions.Casagranda stated that she would prefer to see this move forward with no further delay,but stated that is Commission deems this better for the community then she will be patient. Back on the rules. Swann stated concerns about requiring that a property owner change their zoning to CB, due to the residential setback requirements ascribed to CB lots that are adjacent to residential zoned lots. Wilde stated that staff would contact property owners in the area to get a clear understanding of their wishes and bring it back to the Commission. DeMoss asked if there was any way to allow the applicant to move forward with her plans while staff researched this question,noting that there would likely be much discussion about the rezoning,while the applicant is being required to hold off on their plans to develop. Wilde and Demoss discussed the public notification process. DeMoss reiterated concerns about putting the applicant through unnecessary delays. Ambrosiani asked why the Commission should delay this for lack of notification when the individual who was not notified by mail still heard about it and had opportunity to speak, and further asked if staff was going to use a rezone application to bring City of Seward,Alaska Seward Planning&Zoning Commission Minutes June 2, 2020 Volume 7,Page 402 nearby properties into conformance with the land use map,then why is an application fee collected in the first place.Wilde discussed the zoning application filing fee and process,and stated that city staff does not initiate zoning changes, but makes recommendation to Commission when citizens initiate a request, or makes recommendations for zoning changes as directed by Council or the Commission. Motion (Charbonneau/Hatfield) Postpone Resolution 2020-06 until the July 7,2020 meeting Ambrosiani stated that he wanted to see a date given for the next hearing, and the motion was rephrased to include the date of July 7th. Swann reiterated that an objecting property owner should not be required to change their zoning. Hatfield asked what would be done in a situation in which two property owners disagreed, to which Wilde replied that both property owners would need to be in agreement to affect a zoning change.Ecklund stated that she wanted to postpone this because the title was incorrect and it was not properly noticed from the outset Motion passed AYES: Swann,Ambrosiani Charbonneau, Seese, Hatfield,Ecklund NOES: DeMoss UNFINISHED BUSINESS- none wiNJ NEW BUSINESS Resolution 2020-07 Recommending City Council Approval of The Planning And Zoning Commission Priorities From April 2020 To April 2021 Wilde recapped the joint work session between Council and Commission and stated that this is an annual resolution item. Motion (Swann/Ambrosiani) Approve Resolution 2020-07 Recommending City Council Approval of The Planning And Zoning Commission Priorities From April 2020 To April 2021 Swann discussed the priority regarding communication tower education and suggested adding an action. Swann stated that this had been a priority for years and the Commission should move forward on it. Ecklund wanted to state that nuisance abatement is an ongoing issue, and the priorities should be changed to use the word `ongoing' Motion (Swann/Ecklund) Amend priority number 6 to include "and recommend draft ordinance to Council" City of Seward,Alaska Seward Planning&Zoning Commission Minutes June 2, 2020 Volume 7, Page 403 Plo Motion Passed Unanimous ism Motion (Ecklund/Charbonneau) Amend priority number 3 to strike the word "annual" and replace with "ongoing" Motion Passed Unanimous Main Motion Passed as Amended AYES: Hatfield, Swann, DeMoss, Ambrosiani, Seese, Charbonneau, Ecklund NOES: none B. Commission set June 16 work session topic to discuss design and development standards for Communication Towers. D. Approval of March 3,2020 Regular Meeting Minutes Ecklund stated that Commissioner Flemings name still appeared in the minutes instead of DeMoss. DeMoss stated that she had voted "no" on an amendment at the March 3 meeting, but had been noted in the minutes as giving a"yes"vote Motion (Ecklund/Swann) Amend item 9D to delete Fleming from roll call, replace with DeMoss and amend the motion for Resolution 2020-03 on page 6 to state "motion by Swann second by Ambrosiani", and make correction to the vote on the amendment by DeMoss. Motion Passed Unanimous Commission Comments: Charbonneau-Thanked the public for attending the meeting Ambrosiani- Welcomed Planner Eric Kozielski to City staff and thanked him for his meeting preparation Seese- Stated that he agreed with Commissioner Ambrosiani Swann-Stated that he is happy to see that everyone looks and sounds physically and mentally well Ecklund-Stated that there can be much to say about what is going on around the world,but instead thanked the public and fellow commissioners for wearing their masks,and politely urged everyone to keep washing their hands. City of Seward,Alaska Seward Planning&Zoning Commission Minutes June 2, 2020 Volume 7,Page 404 Citizens' Comments: Ristine Casagranda, inside city, stated that she is doing her best to be patient and mold to everyone's needs, but is disappointed in the outcome of tonight's meeting because what was her rezoning application has now become everyone's application. Casagranda asked for verification that she could go to Council to request a filing fee refund. Casagranda stated that as a lodging owner she wanted to reiterate the obstacles that come from Community Development towards her industry. Casagranda stated that the application process has become increasingly difficult and is now more difficult than a home appraisal. Casagranda questioned the efficacy City's ongoing subscription to lodging activity monitoring software, objected to the City paying 9,000 a year for this service, and stated that this year the only businesses left operating are the ones that have been in the industry for a long time. Tony Baclaan, inside city, thanked the Commission for their time. Baclaan discussed potential outcomes of the rezoning application, noting that regardless of postponing the city may still end up with isolated R3 properties,and stated he was interested in seeing the outcome. Commission and Administration Response to Citizens' Comments Bacon apologized to Commission for errors in the March meeting minutes, and stated that he appreciated that they are being read over thoroughly. Ecklund stated that there should be a review of lodging activity based on information gathered by the contracted software company hired to conduct monitoring. Ecklund recognized that the pandemic had delayed meetings and altered business activity, to the extent that such a report has not yet been requested. Wilde stated that the City does not pay 9,000 per year for compliance monitoring, but that it was a one time fee, and that the company is extending the contract by one year for free due to the pandemic. Wilde reiterated that 9,000 dollars was for three years of service, paid at the beginning on the contract, and that is now a four-year contract. Wilde stated that the self-inspection forms sent to lodging owners were meant to keep staff and the public safe by maintain distancing, there is no fee for the self-inspection, and it is two pages of safety items a property owner needs to check off. ADJOURNMENT (Swann) The meeting was adjourned at 8:40 PM e Lidd:e Jackii C. Wilde Cindy L. Eck " d Community D eye�oDment Director Chair .•••SA O 40 F..SEL4/..#. ••G` a0�°'4+r�a% (Chit Se ) t� - • SEAL • �•R' 9,EOFA�1,„s