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HomeMy WebLinkAbout08022022 Planning & Zoning Minutes City of Seward,Alaska Planning&Zoning Commission Meeting August 2, 2022 Minutes Volume 7, Page 546 CALL TO ORDER The August 2, 2022 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Clare Sullivan. OPENING CEREMONY The commission led the pledge of allegiance to the flag. ROLL CALL There were present: Clare Sullivan presiding, and Vanessa Verhey Brenan Hornseth Troy Staggs Comprising a quorum of the Commission; and Jason Bickling, Community Development Director Courtney Bringhurst, City Planner Brenda Ballou, City Clerk Excused—Charbonneau, Monaco Absent—None Vacant—One CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Verhey/Staggs) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the June 7,2022 Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards—None City Administration Report. Community Development Director Jason Bickling said, in addition to his report in the packet, he would be working to systematically bring forward City of Seward,Alaska Planning&Zoning Commission Meeting August 2, 2022 Minutes Volume 7,Page 547 portions of the city code for the commission's review. Sullivan asked if the commission was required to hold public hearings when they were considering a recommendation to change city code. In response, Bickling confirmed that public hearings were required. Other Reports and Announcements—None Presentations—None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2022-016, Granting A Conditional Use Permit To Robert And Susan White To Install A Radio Antenna, On Lot 14A, Block 17, Seward Original Townsite White Replat; Located At 313 Sixth Ave; Within An Auto Commercial (AC) Zoning District. Motion to Approve(Hornseth/Verhey) Approve Resolution 2022-016 City Planner Courtney Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, 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, inside the city, said this resolution focused on the type of antenna and tower being used rather than the purpose of the radio broadcast. It confused an amateur radio operation(i.e.,ham radio)with a radio station because the tower was the same design and structure that might be used for both. Griswold had been informed by a local ham radio operator that FCC regulations expressly forbade ham radio operators from broadcasting to the general public. She said a radio station, whether commercial or non-commercial, operated under different FCC rules. She believed the stated use as a Christian radio station was more similar to a regular radio station and should follow SCC 15.10.250. Griswold was concerned that the packet did not mention that the proposed antenna would be located at a historic property within the historic district; she wondered what the visual impact of having a 50 foot tower on a historic house in the historic district would be. She thought this application was for a commercial radio operation masquerading as an amateur radio operation; she suggested this application should be denied and the applicant should reapply for a communication tower under SCC 15.10.250. Cheryl Seese, inside the city, concurred with the prior citizen's comments and said she believed this would obstruct the view for neighboring residences. She wondered if the applicants could set up this antenna at their house outside of town; she was concerned that this location was a historic house within the historic district. No one else appeared and the public hearing was closed. City of Seward,Alaska Planning&Zoning Commission Meeting August 2,2022 Minutes Volume 7,Page 548 Sullivan asked the applicant to speak. Robert White, outside the city, said the tower was non-commercial and the intended use was to broadcast for a non-profit Christian radio station. He said he would be compensated for the use of electricity, and he received no other monetary benefit. He said this was a voluntary service to the community. He wished to use this property downtown rather than his property outside of town because he was concerned that Lowell Point residents would not receive the broadcast if the antenna was outside of town to the north. White said the tower would be 12 inches at the base and he did not believe it would need to go to 50 feet high; he confirmed that guy wires would not be used for the antenna. Sullivan believed that an antenna was permissible per city code based on the zoning for this property,but she wondered if another location could potentially be used,like the north parking lot at city hall. In response, White said that location may present some difficulties. Sullivan asked what constituted a non-commercial radio station. White said non-profit, non-commercial. Sullivan said a business could be commercial and non-profit. White said Turquoise Broadcasting in Arizona would be responsible for the broadcasting. Sullivan asked to include the following items on the CUP: 1) if there was bleed-over or interference between transmissions, it must be contained immediately; 2) if there was prolonged non-use or some dereliction of the tower, perhaps for a six month period, the tower should be removed; 3) no guy wires would be used; and, 4) full compliance with all FCC regulations at all times. White said he didn't know how long the FCC application process would take,but he wished to install the foundation for the tower before the ground froze. Motion Passed Yes: Hornseth, Staggs, Sullivan No: Verhey City 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 2022-017, Recommending City Council Approval Of The Land Use Amendment To Rezone Lots 21-23, Block 10, Original Townsite Of Seward Laubner Addition,From An Urban Residential(UR) Zoning District To Auto Commercial (AC) Zoning District. Motion to Approve(Verhey/Hornseth) Approve Resolution 2022-017 Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. City of Seward,Alaska Planning&Zoning Commission Meeting August 2, 2022 Minutes Volume 7,Page 549 Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside the city, said in April 2019, P&Z approved a CUP to allow a parking lot on these lots to help reduce congestion on adjacent residential streets. Many neighbors turned out to support that CUP. She was concerned that if the parking lot was now going to be used for a different purpose,the parking congestion that existed in 2019 would reappear. Griswold believed this rezone was not based on public necessity,but rather private benefit. Ryan Fisher, outside the city, said the business was not required to provide parking, per city code. Early on, when Exit Glacier Guides first moved into the location, there had been only two complaints;both issues had been resolved, and there had been no further issues. He wished to repurpose the property to create long-term commercial housing. No one else appeared and the public hearing was closed Sullivan asked Fisher what would be done with the property if it was not rezoned. Fisher said he wasn't sure, but would find new uses for the property; they did not plan to build a single family home. Fisher said he didn't need to build a bunkhouse because they already provided employee housing. Fisher said he and his business partner were both invested in the community and lived here year round; everything they did was to improve peoples' experience of being in Seward. Motion Passed Unanimous Resolution 2022-018,Rescinding Resolution 2021-014 And Recommending City Council And Kenai Peninsula Borough Approval Of The Preliminary Right Of Way (ROW) Acquisition Plat For The Seward Airport Located In T 1N& 1S R 1W Sec 34,35,2&3,Seward Meridian SW, That Point Known As The Seward Airport, Physical Location, 2310 Airport Road; Acquiring And Replatting Various Legals Located In Sec 34, 35, 2 & 3, Seward Meridian SW. Motion to Approve (Hornseth/Verhey) Approve Resolution 2022-018 Bringhurst recited the information in the agenda statement,reviewed the conditions being proposed, 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, inside the city, thought that city council had already approved P&Z Resolution 2021-014, although the packet stated that they hadn't. In addition, she was concerned that the maps in the packet did not accurately reflect the acquisition of additional land in June that resulted in expanding Parcel#4. No one else appeared and the public hearing was closed City of Seward,Alaska Planning&Zoning Commission Meeting August 2,2022 Minutes Volume 7,Page 550 Bringhurst said the previous resolution had not gone to city council. Sullivan allowed a citizen to speak. Cheryl Seese wanted to ensure the citizens of Seward continued to have access to the tidelands property. Hornseth wished to have an updated map. Bringhurst said the updated map would be furnished with the final replat. Sullivan asked what happened in the process between preliminary and final replat. Bringhurst said if P&Z approved this resolution, it would go to city council and the borough; following those approvals, the plat would be sent back to the applicant to make all the updates, and the applicant would furnish all the final documentation to the borough for review and approval. Motion to Amend (Staggs/Verhey) Amend Resolution 2022-018 in Section 1 by adding "Rescinding Resolution 2021- 014," at the very beginning of the paragraph. Motion to Amend Passed Unanimous Main Motion Passed Unanimous UNFINISHED BUSINESS—None NEW BUSINESS Other New Business Items Set work session topic for August 16, 2022. Bickling stated August 16,2022 would be Election Day;he reminded the commission that the work session would be rescheduled to August 23`1 with the topic of Municipal Land Plan. Sullivan requested to also include the topic of continuing work on Short Term Rentals. INFORMATIONAL ITEMS AND REPORTS Reminder:August 16, 2022 August 23, 2022 Planning and Zoning work session at 6:00 p.m. Reminder: September 6, 2022 Planning and Zoning regular meeting at 7:00 p.m. CITIZEN COMMENTS—None COMMISSION AND ADMINISTRATION COMMENTS Bringhurst thanked the commissioners for attending the meeting tonight. City of Seward,Alaska Planning&Zoning Commission Meeting August 2, 2022 Minutes Volume 7, Page 551 Sullivan thanked the community development staff for handling all the commission's questions. ADJOURNMENT The meeting was adjourned at 8:09 p.m. Brenda Ballow, M C Clar Sullivan City Clerk Chair `V ' • r • SEAL ■ 1.1 • •••q•TF OF PLP ' ••.111,,,.a.