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HomeMy WebLinkAbout10192021 Planning & Zoning Minutes City of Seward,Alaska Planning&Zoning Commission Meeting Minutes October 19,2021 Volume 7,Page 493 CALL TO ORDER The October 19,2021 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 Nathaniel Charbonneau led the pledge of allegiance to the flag. ROLL CALL There were present: GiftEly-Eeklunel presiding, and Tom Swann Gary Seese Craig Ambrosiani Nathaniel Charbonneau Vanessa Verhey Clare Sullivan Comprising a quorum of the Board; and Courtney Bringhurst,Acting Community Development Director Brenda Ballou,City Clerk Excused—None Absent—None Vacant—One Clerk's Note: Cindy Ecklund submitted her resignation 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—None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Sullivan) Approval of Agenda and Consent Agenda Swann removed Resolution 2021-021 from the agenda. Motion Passed Unanimous Approval of the September 7,2021 Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS City of Seward Alaska Planning&Zoning Commission Meeting Minutes October 19,2021 Volume 7,Page 494 Administration Report. Acting Community Development Director Courtney Bringhurst announced that Jason Bickling was hired as the new Community Development Director and would start on November 8,2021. Other Reports,Announcements, and Presentations—None PUBLIC HEARINGS Resolutions Requiring Pu blie Hearing _34'On T iN p. 1 S D t W Sec ZA p 3 Sc '.. rd Auer.....SW That Point Il.,..wn A s The Alaska t . This item was removed from the agenda. Resolution 2021-022, Of The Planning And Zoning Commission Of The City Of Seward, Alaska,Granting A Conditional Use Permit To The Seward Police Department To Construct An Animal Shelter On Lot 6A-2, Fort Raymond Subdivision,Replat No. 3, Located At 601 Sea Lion Avenue; Within An Institutional(INS)Zoning District. Motion(Charbonneau/Verhey) Approve Resolution 2021-022 Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened No one appeared and the public hearing was closed Bringhurst stated the police department had submitted an application for this Conditional Use Permit for the new animal shelter. She recited the terms contained in the agenda statement and recommended approval. Motion Passed Unanimous Resolution 2021-023, Of The Planning And Zoning Commission Of The City Of Seward, Alaska,Granting A Conditional Use Permit To Phil Zimmerman To Construct A 3-Plex And Two 4-Plexes On Lots 8,9, 10,Block 4,Gateway Subdivision,Addn No. 1,Located At 2004, 2006, 2008 Phoenix Road; Within A Multi-Family(R3)Zoning District. Motion (Charbonneau/Sullivan) Approve Resolution 2021-023 Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened Michael Craytor lived adjacent to the proposed lots and he had questions and concerns about this development. In recent years, a 12-plex had been built on the other side of his-house, City of Seward Alaska Planning&Zoning Commission Meeting Minutes October 19,2021 Volume 7,Page 495 and now this resolution was proposing a tri-plex on the other side of his home.He never envisioned this kind of development when he moved into his home. Sharon Stevens-Ganser was building a home across the street from this proposed development and her main concern was that there was adequate parking spaces, appropriate covered garbage receptacles, and appropriate lighting for the neighborhood. She also wondered what regulations there were for sidewalks, etc. for the safety of the residents. Phil Zimmerman was the developer, and said he had similar questions; he believed that sidewalk regulations were being included in the permit,as were garbage provisions and provisions for ambient lighting. He invited anyone to talk with him when they had questions. He intended to build mostly one bedroom apartments. No one else appeared and the public hearing was closed. Bringhurst recited the terms contained in the agenda statement and recommended approval. Charbonneau stated there was a laydown provided for the parking plan, and that was helpful. He thought the drawings provided with the application were vague,though, and it would have been more helpful to see the landscaping plans. Sullivan wondered which party was responsible for installing sidewalks, whether it was the applicant or the city. In response, Bringhurst said she would have to refer to the original development agreement. Ambrosiani questioned what 12-plex was being referred to. In response, Bringhurst stated it was nearer to the Jesse Lee Home location, not immediately adjacent to this proposed development. • Swann was confused about how the parking and traffic would work and if there was adequate room to allow for traffic flow.Seese said it appeared to him that there w as adequate space allowed for parking and maneuverability. Motion Passed Unanimous Resolution 2021-024, Of The Planning And Zoning Commission Of The City Of Seward, Alaska,Granting A Variance To City Code§15.10.22 Development Requirements To James Protzman To Construct A Building With A Height That Exceeds 34' On Lots 37-40, Block 4, Original Townsite Of Seward Alaska, Located At 134 Fourth Avenue; Within A Central Business(CB)Zoning District. Motion (Verhey/Charbonneau) Approve Resolution 2021-024 II Notice of the public hearing being posted and published as required by law was noted and the . public hearing was.opened. - • City of Seward,Alaska Planning do Zoning Commission Meeting Minutes October 19,2021 Volume 7,Page 496 Ristine Casagranda was surprised to see plans for a 50 foot building on this property.She did not own any property in the immediate area, and was speaking as a private citizen. She wondered if allowing variances such as this would open a can of worms.A 30-foot building in this location would block a lot of views,never mind a 50-foot building.She cautioned the commission to remember that the only legally binding aspects of a resolution were the sections, and not the whereas statements.Unless the commission amended in some binding language,there was nothing to prevent the owners in the future to allow nightly lodging. Jim Protzman stated his intention was for these units to be for permanent residences,and he intended to include this as a provision in Home Owners Association (HOA) agreement. The building he proposed to build was approximately eight feet higher than the original Arcade Building. No one else appeared and the public hearing was closed. Bringhurst recited the terms contained in the agenda statement and recommended approval. Verhey thought it might be prudent to include language in the sections to prohibit nightly lodging. Charbonneau was concerned with the proposed parking plan because parking spaces were stacked behind each other. Regarding fire safety concerns,the fire department's ladder truck was stored across the bay,a route which Charbonneau said he drove today and determined would take a minimum of 30 minutes to complete for the fire truck to respond. Sullivan stated the Alaska SeaLife Center had received a variance on the height restriction, and so was concerned that the commission may be in the position of picking and choosing who gets a height variance. She thought it should be a fair process. Ambrosiani echoed Verhey's concerns about adding a provision to disallow nightly rentals; he would be more comfortable with additional language being included. He thought the comment from the fire department in the agenda statement was vague,and wondered if the commission was being asked to grant a variance on behalf of the fire department. In response, Swann said if this 50 foot variance was allowed, the building construction would be required to meet the requirements of a 50 foot building;the commission would be granting a variance on the height of the building, not on the fire service provided. Seese did not oppose the height being requested. Swann noted that when the commission approved a variance, the commission was also responsible for setting conditions of the permit. He was less concerned with the parking plan because the parking was intended to be for residents. He did not believe the commission had the authority to prescribe the use of the building, whether it be long term residential use or nightly rental. Swann stated that this property in and of itself was neither special or unique, and in that City of Seward,Alaska Planning&Zoning Commission Meeting Minutes October 19, 2021 Volume 7,Page 497 regard, perhaps did not meet the need for a variance at all. The Alaska SeaLife Center had very unique requirements for the height variance, due to the aviary. Regarding fire safety concerns, Swann said his impression was that the fire department was generally not concerned about height restrictions any longer. Swann believed it would be more appropriate to look at a change to the city code rather than approve a variance, as the topic of building height was growing to be more and more prevalent. Motion to Postpone(Swann/Ambrosiani) Postpone Resolution 2021-024 until after the commission can hold a work session. Ambrosiani concurred that the conversation about the possibility of changing code to increase height restrictions should be considered. Ambrosiani also wished to include a discussion in the work session about whether the city had the authority to dictate how the building could be used,specifically whether the city could prohibit nightly rentals at this location.Swann concurred. Motion Passed Yes: Charbonneau, Verhey, Ambrosiani, Swann No: Seese, Sullivan UNFINISHED BUSINESS—None NEW BUSINESS Resolutions Resolution 2021-025, Of The Planning And Zoning Commission Of The City Of Seward, Alaska, Recommending The City Council Amend Portions Of Seward City Code 15.10.140 Definitions, To Amend Definitions Related To: Apartment, Boarding House, Dwelling, Duplex, Unit, Hostel, Hosted Lodging Unit, Housing Unit, Insurance Company, Licenses, Listing, Listing Site, Lodging, Motel, Multistory Unit, Owner, Short-Term Rental, Short- Term Rental Transaction,Sleeping Unit,Townhouse,Transient,And Whole House Nightly, Amending 15.10.226 J Employee Campground, And Enacting Language In 15.10.226 K Pertaining To Short-Term Rentals. Motion (Sullivan/Charbonneau) Approve Resolution 2021-025 Bringhurst recited the terms contained in the agenda statement and recommended approval. Verhey thought it looked good. Sullivan noted the commission had been working on this since 2018,and she was pleased with it. Charbonneau was curious about the new definition for Owner; he thought the definition was more exhaustive than it needed to be. He was also concerned about the Employee . City of Seward,Alaska Planning&Zoning Commission Meeting Minutes October 19, 2021 Volume 7,Page 498 Campgrounds definition under Land Uses Allowed, Item J, stating that the removal of the time restriction could potentially result in having employee campgrounds year round. Ambrosiani stated that the definition under Housing Unit for Substance Abuse Treatment Facility,appeared to be missing a full explanation of its use;comparing this definition to the others in the same section, this was less specific and contained no qualifiers or identifiers about its use. Ambrosiani went on to provide an example, saying other definitions specified the number of people allowed, and what kind of setting the facility provided such as dormitory. In response, Swann said Ambrosiani could make an amendment if he wished since this was his area of expertise. Ambrosiani requested that staff bring back some revised language for consideration because he was not qualified to say how one of these facilities worked, but he thought this definition should be crafted in a similar way to the others in this section. Charbonneau concurred with Ambrosiani. Ambrosiani, Swann, and Charbonneau all wondered why the definition for Group Care Home specified no more then five disabled persons. Sullivan stated that was language in the city code already, and they may never know the reason for specifying five persons. Charbonneau wished to learn if there was a reason for specifying five before making any changes to that definition. Charbonneau restated his concern about the definition of Owner. In response, Swann said that the definition of owner had been discussed quite a bit; a person could be officially on the record, but not be an owner. Swann provided examples, saying that a business could lease a building and be responsible for it, but not be the owner of record, or a property owner could authorize a manager to take care of their property. Regarding Employee Campgrounds,Charbonneau did not want to open up code to allow a permanent employee campground. Swann concurred, and was concerned that during all the work sessions that had been held,employee campgrounds were never discussed. Swann was specifically concerned that employee campgrounds might consist of tents, and keeping them up year round would look really bad. Swann stated for the last several years, the commission had been purposefully adding more restrictions on employee campgrounds, and this revised definition appeared to be a complete reversal of the commission's intent. Bringhurst clarified that in employee campgrounds,tents and RVs would be disallowed. Swann appreciated the clarification, but didn't believe it alleviated his concerns. Motion to Postpone(Swann/Charbonneau) Postpone Resolution 2021-025 until after the commission can hold a work session concerning the definition of Housing Unit and the Land Uses Allowed section for Employee Campgrounds. Motion Passed Yes: Verhey, Ambrosiani, Charbonneau, Sullivan,Swann No: Seese - • City of Seward,Alaska Planning&Zoning Commission Meeting Minutes October 19,2021 Volume 7,Page 499 111 Other New Business Items Discuss holding the regular meeting on November 2,2021 at 7:00 p.m. Bringhurst stated there were two Conditional Use Permits(CUPs)and one replat that had been submitted for the commission's consideration. The commission determined they would have a quorum and would hold the meeting on November 2,2021. Discuss the topic for the work session on November 16,2021 at 6:00 p.m.; suggested topic is "Continue Update and Review of Land Use Table and Planning For Ground Trutiing." Bringhurst asked who would be present for this work session. Swann and Verhey would not be present. The commission set the topics for the work session, in order, as: Review building height restrictions in Seward City Code; Review the definition of Housing Unit and the Land Uses Allowed section for Employee Campgrounds; and, Discuss whether the city has the authority to dictate how a building can be used,specifically whether the city can prohibit nightly rentals. Discuss the meeting schedule for December and January. Swann stated he would be unavailable until early January, 2022. Verhey stated she would be gone through December.Ambrosiani stated he would be gone for part of December as well. By unanimous consent, the commission cancelled the December 7, 2021 meeting and the December 21,2021 work session due to a lack of quorum. Swann stated he would not return in time for the January 4, 2022 meeting. Charbonneau stated he would not be available during the first week of January. By unanimous consent, the commission rescheduled the January 4, 2022 meeting to January 11, 2022. INFORMATIONAL ITEMS AND REPORTS PAS Quick Notes—Design Thinking 2021 Planning&Zoning Meeting Schedule City Calendars COMMISSION COMMENTS. City of Seward Alaska Planning&Zoning Commission Meeting Minutes October 19, 2021 Volume 7,Page 500 Sullivan thanked Bringhurst for her work. Charbonneau thanked staff and the public for coming out tonight. Ambrosiani thanked staff and the public for coming to the meeting. Seese said he had lived in Anchorage since 1964,and he observed that the building height restrictions there were due to the air traffic at Merrill Field; Seward didn't have that issue. He believed Seward should have high-rises. Swann thanked staff, and stated there would be election for chair and vice chair at the November 2,2021 meeting. CITIZEN COMMENTS Jim Protzman stated that building heights were typically not dictated by fire code,but by building codes.He said if the buildings in New York City were restricted by fire code,there would be no skyscrapers.The building he proposed to build was in keeping with building codes,and the tandem parking was in compliance with building code, as well. He said his building would be sprinklered as a fire safety measure. Regarding the HOA agreement, he intended to include restrictive language in the agreement to prohibit nightly rentals. Elizabeth Hooper wondered what the timeline was now for their variance to be finalized. COMMISSION AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Bringhurst stated the November work session would lead to the Protzman variance returning to P&Z at the January 11,2022 meeting. Swann stated the 34 foot height restriction had been in place in Seward for decades,and a lot of people would have something to say about changing it. He added that, based strictly on Protzman's variance request,the property was not unique and the building was not unique,and so he didn't believe it should be approved for a variance. ADJOURNMENT The meeting was adjourned at 8:40 p.m. � LA . . :renda J. 13, "+`•rf ".e om S nn City Clerk 't ...: ...... •B Vice hair • (City Sgalq.•♦c0t'P°'�;�•; •• r` —•-- • •• SEAL it • Os • �r w