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HomeMy WebLinkAbout11022021 Planning & Zoning Minutes City of Seward Alaska Planning&Zoning Commission Meeting Minutes November 2, 2021 Volume 7, Page 501 CALL TO ORDER The November 2, 2021 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Vice Chair Tom Swann. OPENING CEREMONY Commissioner Gary Seese led the pledge of allegiance to the flag. ROLL CALL There were present: Tom Swann presiding, and Gary Seese Craig Ambrosiani Nathaniel Charbonneau Tessa-Ver-hey Glare-StillivaR Comprising a quorum of the Commission; and Courtney Bringhurst, Acting Community Development Director(telephonic) Brenda Ballou,City Clerk Excused—Verhey, Sullivan Absent—None Vacant—One Clerk's Note: Cindy Ecklund submitted her resignation to the city clerk on October 14, 2021, following the certification of the borough election wherein Ecklund was elected to serve as Seward's Borough Assembly Representative. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Liz DeMoss wished to speak about the topic of manufacturing in the central business district; there were several businesses that operated there currently which were technically manufacturers,and there were more businesses that wished to operate there. She suggested adding it to the Land Use table to be approved by Conditional Use Permit(CUP). Randy Wells also supported allowing manufacturing in the central business district; he wished to operate a manufacturing business that would result in four full-time, year round employees. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Ambrosiani) • Approval of Agenda and Consent Agenda City of Seward Alaska Planning&Zoning Commission Meeting November 2,2021 Minutes Volume 7,Page 502 Swann added an item to Other New Business to discuss the recognition of Cindy Ecklund for her service on the Planning&Zoning Commission. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the October 19,2021 Regular Meeting Minutes. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Administration Report. Acting Community Development Director Courtney Bringhurst(telephonically)stated the department was in the process of relocating the offices from the Annex Building to the second floor of City Hall.Starting on November 8,2021,the department would officially be relocated to City Hall, and that would also be the first day for Jason Bickling to start as the new Community Development Director. Swann recalled a discussion at the last meeting wherein the commission wondered how much authority they had to dictate the intended use of a business, like requiring a housing structure to rent only to long-term tenants and disallow nightly lodging. Other Reports, Announcements, and Presentations—None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2021-026, Of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To ACOM Consulting Inc. To Construct A Wireless Communications Facility On The Roof Of The Residence Hall On Block 29, Original Townsite Of Seward, Block 29 Replat, Located At 516 Third Avenue; Within An Institutional(INS) Zoning District. Motion (Ambrosiani/Charbonneau) Approve Resolution 2021-026 Bringhurst recited the terms contained in the agenda statement and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened Carol Griswold supported this CUP because she thought the cell tower was necessary and would be discreet. She was concerned, however, that the public notice signs were not clearly visible to the public, and that was not in compliance with city code. She said there was a public notice sign inside a green-tinted window at AVTEC which was-very difficult to read.•She believed City of Seward,Alaska Planning&Zoning Commission Meeting November 2, 2021 Minutes Volume 7, Page 503 this resolution should be postponed in order to allow time for the applicant to display the proper signage. No one else appeared and the public hearing was closed. Ambrosiani asked for verification that the signs had been posted properly. In response, Bringhurst said her department furnished signs to applicants with instructions on how they should be posted; it was up to the applicant to ensure the signs met the requirements of proper posting. Swann wondered what the legality of this situation was, and if it would be prudent to postpone this resolution. Bringhurst wondered as well, because once she provided the signs and instructions to the applicant, posting the notices were beyond her control. Seese thought perhaps some signs may have blown off due to recent high winds. Charbonneau wondered what the city's responsibility was to verifying proper signs posting. Motion Passed Unanimous Resolution 2021-027, Of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To OBI Seafoods To Construct An Employee Campground With Modular Housing On Lot 2, Block 3, Leirer Industrial Subdivision, Located At 1607 Northwestern Circle; Within An Industrial(I)Zoning District. Motion (Ambrosiani/Charbonneau) Approve Resolution 2021-027 Bringhurst recited the terms contained in the agenda statement and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold stated she had intentionally driven through this area searching for the public notice signs, and hadn't found any; this resolution should be postponed until the proper signs could be displayed, and weather conditions should not be used as an excuse for not posting properly. Further, she believed this application should be denied for the following reasons: incomplete and sketchy application, the use was not covered by city code so there would be no inspections, it did not comply with code for waste receptacles, spacing between units was inadequate, and it perpetuated substandard housing and cramped living spaces. Using shipping containers for housing was not supported in the Comprehensive Plan. She believed these housing units were inhumane and permanent housing structures should be required. She requested the commission deny the application. Brian O'Leary was the manager for OBI and had submitted the application. He had completed this application using past CUP applications for reference. He stated the Modular City of Sewarcl Alaska Planning&Zoning Commission Meeting November 2,2021 Minutes Volume 7, Page 504 Housing Units(MODs)were commonly used throughout the state in the seafood industry.He said the units were not substandard, but were nicely finished and secure; there were proper restroom and shower facilities, as well as a gymnasium. No one else appeared and the public hearing was closed. Charbonneau wondered how many people were housed in each container, where the bathrooms and showers were located, what the trash collection arrangements would be, and what the parking arrangements were. He believed that the housing structures were previously required to be removed each year, but that was not included in this CUP. Fire services commented on the agenda statement that since the MODs were not considered permanent structures,the MODs would not be inspected; he wondered, if the MODs were not being removed, then wouldn't that mean they were permanent. He requested clarification. Swann stated the MODs were not new, but the CUP application was just being put under a different applicant's name. He wondered where the requirements for removing the MODs each year had originated. In response, Bringhurst said that requirement had been included in the last CUP application. Swann stated that removing the units each year was a CUP provision, not a city code requirement. Charbonneau reasoned that the units would then be considered permanent if they were not required to be removed, and should be inspected. Swann responded that he thought it was incumbent upon the commission to review the requirements of the CUP; the units didn't fit as temporary or permanent structures. Swann added that, even though the MODs were sitting there permanently, they were not being used permanently;they were only being for 150 days. Fire Chief Clinton Crites said there appeared to be two issues with city code.One was an employee campground could be used for no more than 150 days, but city code did not specify whether moving the units was required. In this specific case,the requirement to move the housing structures had been in place for the past 15 years. The structures were considered temporary structures under the city's adopted International Building Code, and were required to be moved off the property every 180 days.Crites said for the first few years,the campground was removed, then one year they were allowed to remain in order to perform maintenance; in subsequent years, the request to perform maintenance came more often,and leaving the structures in place year round became more and more common. Crites had consulted with the city attorney, who said because the area was designated as an employee campground,the structures could actually include things like tents and RVs and still be in compliance. These MODs were not campers or tents, but something else. Anywhere else in the city, Crites said these MODs would not be allowed to stay for more than 180 days. From a code perspective,Crites could not classify these structures,and therefore had no basis upon which to inspect them. Swann didn't think these MODs fell clearly into any particular category.He suggested that - some real thought and consideration be put into how to define these employee housing units. j • City of Seward,Alaska Planning&Zoning Commission Meeting November 2, 2021 Minutes Volume 7, Page 505 Swann wished to bring this topic up at the commission's next work session, and was considering postponing this until the commission could discuss further. Ambrosiani was concerned that delaying this resolution may have an impact on OBI's operations and planning for their next season; he thought everyone was doing the best they could with the information they had. He said these MODs were better than tents and campers, not as good as dormitories, but they were an improvement; he had seen these MODs used commonly in other fishing communities. Swann stated that this CUP would be approved, so OBI could rely on knowing they would have the use of the MODs; he wanted the commission to have a chance to think about what they would want to include for conditions, such as parking, which had not been addressed in the application. He said in city code currently, there was a requirement of an annual permit for an employee campground; however, the city code did not define what that permit entailed. Swann stated, since this topic was scheduled for the commission's work session in two weeks, it made sense that this CUP be finalized after that work session. Ambrosiani wanted to understand what kind of impact this delay would have on OBI. The commission suspended the rules to speak with Brian O'Leary from OBI. Ambrosiani asked what the impact would be on OBI if this resolution was postponed to January. OBI Manager Brian O'Leary said, from a planning perspective, OBI intended to use these MODs starting in March for the halibut and black cod season, and he would be concerned that a delay might interfere with their hiring and bringing in workers. O'Leary said the hiring market for workers was very competitive,and the workers had to be brought in. The commission went back on the rules. Swann stated these MODs, by city code, could not be used before April 1 5th; further,they could only be used for 150 days each year. If OBI wanted to start using the MODs in March,they would have to bring that request to council, and 150 days from March meant they would have to stop using them in July or August, unless the city code was changed. Swann said, if the MODs were used for more than 150 days,then they would be considered permanent structures, and then would be required to be converted to bunkhouses. He stated, if it was OBI's intention to house workers for nine months out of the year, these were the wrong structures to be using; these container MODs were very specifically for short-term use. Swann suggested the work session was the proper venue to have these discussions. Charbonneau concurred that a work session would be appropriate. Motion to Postpone(Swann/Charbonneau) Postpone Resolution 2021-027 to January 11, 2022. Motion to Postpone Passed Yes: Charbonneau,•Seese, Swann City of Seward Alaska Planning&ZoningCommission Meeting November 2,2021 Minutes Volume 7, Page 506 No: Ambrosiani Clerk's Note: Seward City Code 2.30.220 (b) states: "...The affirmative votes of at least a majority of those Commissioners present shall be required for official action unless a larger majority is required by law. " Resolution 2021-028, Of The Planning And Zoning Commission Of The City Of Seward, Alaska,Recommending Kenai Peninsula Borough Approval Of The Preliminary Replat Of Lot 4A-1 And Lot 4D, Block 7, Fourth Of July Creek Subdivision SMIC, Raibow Replat, Creating Four Lots; Lot 4D-1, Lot 4A-2, Lot 4A-3, And Lot 4A-4; Vacating The West 10' Utility Easement Of Lot 4D, Block 7, Fourth Of July Creek Subdivision SMIC, Raibow Replat, And East 10' Utility Easement Of Lot 4A-1, Block 7, Fourth Of July Creek Subdivision SMIC,Raibow Replat. Motion (Charbonneau/Ambrosiani) Approve Resolution 2021-028 Bringhurst recited the terms contained in the agenda statement and recommended approval. She noted that the applicant had specifically requested this resolution be postponed to the next meeting. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold stated that,again, she had intentionally searched for public notice signage at this property,and found only one sign which was on the ground on a gravel service road, rather than properly posted on a public right of way. She thought this resolution should be postponed to require proper signing, and that staff should be required to verify that public notice signs were properly installed for ten days. Further, she was concerned about the loss of utility easements and the common use of extension cords and water hoses on the property.The previous leaseholder of these lots had agreed to furnish utilities to this property, but had defaulted on the lease and left town before any improvements were made. The existing utility easements should remain intact and relocated, rather than be vacated. Having the opportunity to replat was-the perfect time to secure proper utility easements, and to rename the location from "Raibow" to something more neutral. No one else appeared and the public hearing was closed. Motion to Postpone(Swa n n/C h a rbon n eau) Postpone Resolution 2021-028 to January 11,2022. Motion to Postpone Unanimous UNFINISHED BUSINESS—None NEW BUSINESS • • ..d City of Seward,Alaska Planning&Zoning Commission Meeting November 2, 2021 Minutes Volume 7, Page 507 Other New Business Items Nominate and elect a Chair. • Charbonneau wondered if they should wait until all the commissioners were present. Motion to Postpone(Ambrosiani/Charbonneau) Postpone the elections to January 11,2022. Motion to Postpone Passed Unanimous Consent Review City Council directive to evaluate allowing Light Manufacturing in the Central Business District. Swann stated this first came up about nine months ago,and suggested taking it up again in the January, 2022 work session. Charbonneau wondered if it should be discussed this month instead. In response, Swann said the commission already had topics scheduled this month. Charbonneau wished to include this as an additional topic this month in the event that the commission could address it. Ambrosiani requested that staff provide some proposed wording for the commission to review and consider. Swann said light manufacturing covered a wide range of areas, and thought it should be allowed by CUP. He said it would be a matter of determining what restrictions should be placed upon various CUP applications,depending upon what was being manufactured. Ambrosiani wondered if staff could find examples from other Alaskan communities for light manufacturing; he didn't believe the commission needed to start from scratch, but could use other communities as reference. In response, Bringhurst stated she would conduct research to see what other communities allowed for light manufacturing. Discuss and set the topic for the November 16,2021 work session. This item was not discussed by the commission. Discuss the recognition of Cindy Ecklund for her service on the Planning & Zoning Commission. Swann stated he wanted to recognize Ecklund for her service to P&Z. City Clerk Brenda Ballou stated that, given Ecklund's years of service, she would be receiving a gold pan from city council in recognition of her service;P&Z could collaborate with council on recognizing Ecklund, or they could do their own recognition service. Swann wished to recognize Ecklund at a P&Z City of Seward,Alaska Planning&Zoning Commission Meeting November 2,2021 Minutes Volume 7, Page 508 meeting, in addition to council's recognition. INFORMATIONAL ITEMS AND REPORTS Reminder:December 7, 2021 meeting and December 21, 2021 work session have been cancelled. Reminder:January 4, 2022 meeting has been rescheduled to January 11, 2022. PAS Quick Notes—Climate Resilient Pollinator Gardens CITIZEN COMMENTS Liz DeMoss appreciated the commission taking up the light manufacturing topic again. She wondered if,since there was so much variety in manufacturing, it would be more efficient to just enact a general CUP application requirement,which could a fire inspection when necessary. COMMISSION AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Charbonneau thanked staff for their work,and the public for coming out. Seese thanked the commissioners for coming to the meeting tonight. He thanked staff,and appreciated Courtney Bringhurst participating by telephone. Swann thanked Bringhurst for working so effectively telephonically. ADJOURNMENT The meeting was adjourned at 8:12 p.m. :renda J. Ballou,r MC om S nn City Clerk ,„ •,• Vic hair (City SealJ4&4'0� ' • a SEAL. w nn� ♦ •♦TF OF M.'s*`'•