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HomeMy WebLinkAbout08062019 Planning & Zoning Minutes City of Seward,Alaska Seward Planning &Zoning Commission Minutes August 6, 2019 Volume 7, Page 350 P 6••• CALL TO ORDER The August 6, 2019 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Vice Chair Martha Fleming. OPENING CEREMONY Commissioner Seese led the pledge of allegiance to the flag ROLL CALL There were present: Martha Fleming presiding, and Gary Seese Craig Ambrosiani Kelli Hatfield Tom Swann Comprising a quorum of the Board; and Also Present Jackie Wilde, Planner Andy Bacon, Planning Assistant Excused Nathanial Charbonneau Cindy Ecklund SPECIAL ORDERS,PRESENTATIONS AND REPORTS Administration Report Jackie Wilde updated the Commission on the following business items • Planning staff met with the US Army Corps of Engineers this week to discuss flood mitigation projects • The Seward-Bear Creek flood service area board met and set a work session to discuss floodplain permitting and how that works within the City. The Planning and Zoning Commission should also expect to review the floodplain permitting process in the near future Other Reports, Announcements, and Presentations- None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Brendan Ryan, outside city, stated that he was here tonight to participate in discussion surrounding his business' Conditional Use Permit and related parking issues. Ryan discussed the ways in which he has worked to mitigate the impact of employees parking in the surrounding neighborhood, and also stated that to his understanding it was legal to park along the roadside. Brad Chastain, inside city, stated that he filed a written complaint to the City regarding the parking situation on Second Avenue near Van Buren that is in the meeting packet. Chastain City of Seward,Alaska Seward Planning&Zoning Commission Minutes August 6, 2019 Volume 7, Page 351 stated that he has attempted to contact the owners of Exit Glacier Guides multiple times to 111 address his concerns about employees parking in front of his house. After several unsuccessful attempts to reach the owners, Chastain stated that he felt it necessary to bring his complaint to the Planning and Zoning Commission for review. Chastain stated that he foresees this becoming a bigger problem throughout Seward as the City grows, and discussed the importance of getting ahead of the parking issue. Carol Griswold, inside city, stated that she was optimistic when owners of Exit Glacier guides applied for and received a Conditional Use Permit to operate a parking lot for their employees and clients. Griswold stated that she has frequently observed vehicles parked along Second Avenue that appear to be employees of Exit Glacier Guides. Griswold is disappointed that employee parking has spilled on to Second Avenue, and encourages the Commission to review and ensure that the business is adhering to their CUP. Robyn Audette, inside city, stated that they are in attendance to discuss their preliminary replat that is being reviewed by the Commission on tonight's agenda. Audette stated that it was brought to her attention by her surveyor that the electric department was requesting an easement that was greater than what is typically requested. Audette stated that she would like to request that the easement be reduced to the size that is typically requested, and that she understands that easements are important and necessary, but does not understand why this one is greater than usual. Steve Audette added that the request was for 15 feet along the alley with a 10 foot by 25 foot easement along each side lot line, and is this going to impact my property value. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Swann/Hatfield) Approve the agenda and consent agenda Motion Passed as amended Unanimous The June 4, 2019 meeting minutes were approved on the consent agenda New Business Items requiring a Public Hearing Resolution 2019-013 of The Seward Planning And Zoning Commission Of The City Of Seward, Alaska, Recommending City Council Approval Of The Rezoning Of The West Half of Federal Addition Blocks 7, 14,and 17,except Lot 7-8 Block 17,From Single Family Residential(R1)and Two Family Residential (R2)To Office Residential (OR) Planner Wilde stated that the applicant and property owner,Cindy Ecklund, had gathered the signatures of over fifty percent of the property owners in the area proposed to be rezoned. Wilde discussed the zoning and land use history of the area proposed to be rezoned. Wilde stated that the Future Land Use Map provides a guideline for land management, is always changing, and does not prohibit land use changes that are outside the recommendations on the map. Wilde stated the definition of the Office Residential zoning district and discussed surrounding land use and zoning. Wilde stated that public comments were submitted before and after the packet was City of Seward,Alaska Seward Planning &Zoning Commission Minutes August 6,2019 Volume 7,Page 352 published, and comments not published in the packet are provided as a laydown. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Brad Chastain, inside city, stated that he is opposed to a change in zoning that puts more commercial activity on Second Avenue. Chastain stated that property value should not drive zoning changes, and if the Commission were to approve a zoning change on such a basis, it may lead to further requests of that kind from other neighbors, thereby skewing the town site in a more commercial direction, which may not be compatible with the master plan. Carol Griswold, inside city, stated that she is speaking in defense of residential neighborhoods, as they are extremely valuable. Griswold stated that bed and breakfast operators in residential neighborhoods advertise that as a feature of their location, owing to the value of quiet residential neighborhoods. Griswold discussed the commercial uses allowed in the Office Residential zone, citing the letter she sent to the Commission. Griswold stated concerns about the potential spread of commercial zoning into a residential part of town. Jay Low, inside city, stated that he supported the change in zoning because it would allow greater flexibility in the use of his property. David Struif, inside city, stated that he made an effort to rezone his property to Auto Commercial a couple years ago that did not pass. Struif stated that he is in favor of this zoning change. Struif stated that Seward is a tourist town, and the homes that have been converted to bed and breakfasts are beautiful. Struif stated that he would be motivated to improve his house if he could rent it nightly, but does not want to rent it long term because he has bad experiences with renters. Struif stated that Office Residential is the ideal zone for his property because it is transitional, and his property is surrounded by commercial uses. Struif stated that a zoning change to Office Residential will not change the character of the neighborhood. Susan Swiderski, inside city, stated that she supports the zoning change. Swiderski stated that there are commercial uses happening around her residence, and that she would be more motivated to make improvements to her home if there were incentives to do so. Swiderski stated that she would like to be able to build a small apartment in her home and rent it out so someone other than a family member. Swiderski stated that she did not think the character of the neighborhood would change. Hearing no one wishing to speak, the public hearing was closed. Motion (Swann/Hatfield) Approve Resolution 2019-013 of The Seward Planning And Zoning Commission Of The City Of Seward, Alaska, Recommending City Council City of Seward,Alaska Seward Planning&Zoning Commission Minutes August 6,2019 Volume 7, Page 353 Approval Of The Rezoning Of The West Half of Federal Addition Blocks 7, 14,and 17, except Lot 7-8 Block 17, From Single Family Residential (R1) and Two Family Residential (R2) To Office Residential (OR) Commissioner Ambrosiani asked about the notification process and the content of the notices. Wilde stated that 59 legal notices were sent to property owners and they must adhere to a specific format and do not contain any call to action. Hatfield asked administration for verification of her understanding that a property owner in R1 could construct an apartment within their home to rent to another party. Bacon stated that there is a code definition for dwelling, efficiency apartment that is allowed in R1 where the owner could rent to anyone they chose. Swann asked about bed and breakfasts in R 1. Hatfield and Wilde stated the code requirements for operating a B&B in the R1 zone. Fleming stated that she is undecided on this resolution because she understands the perspectives of both sides. Fleming stated that she understands the request coming from residents on the east side of Second Avenue, because the commercial uses of Third Avenue inhibits their use of a quiet alleyway. Swann stated that he opposes this resolution. Swann stated that the zoning in this area has been consistent for so long that everyone who purchased property in the area proposed to be rezoned knew their zoning and the surrounding zoning. Swann stated that in his time on the Commission, the group has worked hard to preserve the residential neighborhood. Swann also stated that some of the proposed uses that he has read to justify the zoning change such as an efficiency apartment or B&B can already be done in the current residential zoning. Swami emphasized that the decisions the Commission makes today effects how the town will look decades from now. Swann stated that the Commission had approved a Comprehensive Plan within the last twoyears that specified that PP P P� this area remain residential. Hatfield stated that she would a prefer zoningchange that allows for a more incremental increase in density, such as R2, which is supported by the Comprehensive Plan. Hatfield stated that the parking issues the Commission is looking into just down the street near Van Buren would likely result from changing the zoning in this area to OR. Ambrosiani suggested that the Commission may address the wishes of these property owners through changes to Land Uses Allowed rather than a zoning change. Ambrosiani also noted that homes used for nightly lodging tend to be well kept. Wilde clarified lodging regulations in the R1 zone. Seese discussed his experience with improving his home and operating it as a bed and breakfast. Swann disagrees with the notion that home improvement is driven by commercial activity, and has noted that within the last 5 to 10 years he has seen many homes be renovated by year round residents who occupythem. Hatfield stated that one of the reasons she joined the Commission J was to helpaddress the housingneeds of longterm residents, and she thinks the Commission has made steps in a positive direction to help encourage long term housing development. Fleming stated that she was ready to call a vote, but that she is torn on the decision. Fleming stated that it is bad timing to be addressing parking problems just down the street while considering a big zoning change that may result in the same type of congestion. Fleming also stated that she does not believe that R1 is the appropriate zone for this area, given the surrounding land uses. City of Seward,Alaska Seward Planning&Zoning Commission Minutes August 6, 2019 Volume 7,Page 354 Motion Failed AYES: Seese, Ambrosiani, NOES: Hatfield,Swann, Fleming UNFINISHED BUSINESS — None NEW BUSINESS Resolution 2019-014 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Recommending Kenai Peninsula Borough Approval Of The Preliminary Replat Of Lots 28, 29, 30, And 31, Block 31, Original Townsite Of Seward, Located At 514 And 518 Fifth Avenue,Creating One Lot To Be Known As Lot 28A, Seward Original Townsite S&R Audette Replat Planner Wilde stated that the preliminary plat was submitted by Lang and Associates to vacate lot lines and combine four lots into one lot. The lots are currently zoned Urban Residential, and the resulting Lot 28A would be approximately 12,000 square feet in area. The lot is served by all city utilities and no subdivision agreement is required for this replat. Wilde asked the Commission to note that there are staff comments from the Electric Department,but that Community Development chose to make no recommendations on the resolution regarding the dedication of easements on this plat, and asks the Commission to review and recommend instead. Wilde stated that easements have been a topic of discussion by the Commission on similar replats in the recent past, and that the Electric Department staff is present and available to answer any questions the Commission may have regarding their long term plans and needs. Motion (Swann/Seese) Approve Resolution 2019-014 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Recommending Kenai Peninsula Borough Approval Of The Preliminary Replat Of Lots 28, 29, 30, And 31, Block 31, Original Townsite Of Seward,Located At 514 And 518 Fifth Avenue, Creating One Lot To Be Known As Lot 28A, Seward Original Townsite S&R Audette Replat Fleming asked Administration if interior lot line vacation was something the City encouraged in cases where homes are already developed across platted property lines. Wilde affirmed that is the case, and stated that if it was any other type of structure than a single family home, Code requires that lot lines be vacated. Swann stated that he is concerned because in his experience the Electric Department has asked for increasingly large easements over the last ten years from 5 feet on either side of an alley to 10 feet on either side of an alley, and now 15 feet. Swarm asked for an explanation of this. Fleming relaxed the rules and asked Electric Department Staff to address the Commission. Pat Gillis, Seward Electric Department field operations supervisor, stated that City Council has directed the Electric Department to run power lines underground in the future, and when the opportunity arises to request an easement, such as in a replat, the City of Seward,Alaska Seward Planning &Zoning Commission Minutes August 6,2019 Volume 7, Page 355 Electric Department does so in order to further their long term objectives. Gillis discussed different widths of easements required for electrical services. Five feet on either side of a common property line is needed to run distribution service. Ten feet is required along an alley so the department can try to run underground power. The Electric Department is coming up with a right of way use plan in the months or years to come, that delineates usage of the right of way between utilities. Gillis stated that a 15 foot easement is needed when the Electric Department is running primary voltage, and this particular lot is located in an area where primary voltage is needed. Gillis stated that the easements along the side lot lines are one half of a `keyhole' which is reserved space for a transformer. Gillis, in response to a comment from the property owner, stated that it is a legitimate concern to not want a transformer in their back yard, but the desire of City Council, through their constituents, is to see downtown power lines run underground, and this is the Electric Departments effort to provide the room they need to do that. Fleming asked about recent undergrounding of telecommunication in the alleys. Gillis discussed the Tel Alaska project, and stated that the Electric Department was not ready to commit the expense and resources to running conduit jointly with Tel Alaska until a right of way use plan was finalized. Gillis states that one of the significant challenges the Electric Department faces in their long term plan is the location of transformers within our narrow alleyways. Fleming asked if there were any other 15 foot utility easements adjacent to alleyways in downtown. Commissioners stated that there were no other 15 foot easements adjacent to alleys in downtown. Swann discussed his past observations of electric department utility installations, and said that he has a problem with asking for more area of private property in anticipation of a plan that has not been put together yet, designed by an engineer, and approved by City Council. Ambrosiani agreed with Swann's point, and made the observation that it appeared the Electric Department was planning for many contingencies, and asked what would be the result of removing some of these contingencies and requesting less easement area. Gillis stated that they are looking for the most amount of flexibility, once they have a plan, in order to implement the plan. Gillis stated that it is much more difficult to obtain easements after the fact, especially when property owners have developed in the space, or refuse to grant easements. Gillis referenced a case in the past where a homeowner refused to grant an easement on Lowell Point, forcing the Electric Department to trench out into the right of way and around the property. Swann asked why the Electric Department doesn't just use more of the twenty foot alley, and require less use of private property, specifying that this is what the alleys are there for. Gillis stated that the draft right of way use plan delineated ten feet of width to the potential installation of a gas pipeline, dividing the remaining ten feet between telecommunication, electric, and sewer. Gillis stated the Electric Department requests the minimum amount of private property needed. Swann asked what the zoning designation and setbacks were for this property. Bacon stated that the property is zoned urban residential with a 10 foot rear setback, 20 foot front setback and 5 foot side yard setbacks. Swann asked if the electric department can work within defined lot setbacks. Gillis discussed his research into minimum clearance standards for electric infrastructure, and stated that they are planning for worst case contingencies. Gillis, in response to Seese, stated that use of the property within the easement is limited, but that a property owner could vacate a portion of an easement that is unused after the needs of the Electric Department are determined and carried out. Gillis stated that this easement is what the electric department expects they will need. Wilde reminded the Commission that any recommendation they make is in an advisory capacity to the Kenai City of Seward,Alaska Seward Planning &Zoning Commission Minutes August 6, 2019 Volume 7,Page 356 Peninsula Borough Planning Commission. KPB planning staff will conduct their own review and comment period for any preliminary replats that are submitted for approval. Motion (Swann/Ambrosiani) Amend Section 1 to provide a Ten (10) foot utility easement along the east property line. Amendment passed AYES: Ambrosiani, Hatfield, Seese, Swann, Fleming NOES: none Motion passed as amended AYES: Swann, Ambrosiani, Seese, Hatfield,Fleming NOES: none Resolution 2019-015 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Recommending Seward City Council and Kenai Peninsula Borough Approval Of The Preliminary Replat Of Lots 1, 2, 4, And 5, Block 7, ()ceanview Subdivision, Vacating Interior Lot Lines, Guy Anchor Easement, And A Portion Of The Scheffler Creek Drainage Easement, Creating One Lot To Be Known As Lot 1A, Oceanview Subdivision Gateway Replat Planner Wilde stated that the property owner has elected to withdraw their request to vacate a 40 foot portion of the 100 foot Scheffler Creek drainage easement, and therefore the Commission will need to amend the Resolution to eliminate any reference to the vacation of the drainage easement. This replat will no longer need to be reviewed by Seward city Council, and if approved, will be forwarded to the Keani Peninsula Borough for review and recommendation. Wilde stated that the replat proposes to vacate a private guy wire easement for a radio tower that no longer exists. The guy wire easement was recorded on the parent plat. Wilde discussed the parcel zoning and surrounding land uses. Wilde stated that the Community Development Department has made no recommendations on easement dedications requested by the Electric Department, and referred the Commission to the staff reviews included in the Agenda Statement. Wilde read the submitted staff comments to the Commission and the public. Motion (Swann/Hatfield) Approve Resolution 2019-015 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Recommending Seward City Council and Kenai Peninsula Borough Approval Of The Preliminary Replat Of Lots 1, 2, 4, And 5, Block 7, Oceanview Subdivision, Vacating Interior Lot Lines, Guy Anchor Easement, And A Portion Of The City of Seward,Alaska Seward Planning&Zoning Commission Minutes August 6, 2019 Volume 7, Page 357 Scheffler Creek Drainage Easement, Creating One Lot To Be Known As Lot 1A, Oceanview Subdivision Gateway Replat Motion (Swann/Ambrosiani) Amend the title of Resolution 2015-015 to strike the words "City Council and" and "and a portion of the Scheffler Creek drainage easement" and delete the third `Whereas' clause Amendment passed AYES: Hatfield, Swann, Ambrosiani, Seese, Fleming NOES: none Swann stated that until the utility department has presented a long term plan so that the public is aware of potential easement dedication requests, that the Commission recommends a maximum 10 foot utility easement on those property lines where the Electric Utility has requested easements. Motion(Swann/Hatfield) Amend Section 1 to provide a Ten (10) foot utility easement along the east, west, and south property lines. Amendment passed AYES: Swann, Ambrosiani, Seese, Hatfield,Fleming NOES: none Motion (Ambrosiani/Hatfield) Amend Section 1 to recommend vacation of the guy wire easement Amendment passed AYES: Swann, Hatfield, Ambrosiani, Seese, Fleming NOES: none Motion passed as amended AYES: Swann, Seese, Ambrosiani, Hatfield,Fleming NOES: none C. Discuss Resolution 2019-004 and CUP 2019-04 permitting operation of a parking lot on Lots 21-23 Block 10 Laubner Addition, located at 1100 Second Avenue City of Seward,Alaska Seward Planning&Zoning Commission Minutes August 6, 2019 Volume 7, Page 358 Wilde stated that this discussion item is being brought to the Commission because it involves a Conditional Use Permit. Wilde stated that the Community Development Department has received several complaints about parking along Second Avenue in the vicinity of Van Buren Street, since the Resolution approving this permit was passed. Wilde summarized some of the complaints, and referred Commissioners to information in the packet. Fleming stated that the Commission does not generally hear discussion of public complaints, but that this is being addressed because the complaints relate to a Conditional Use Permit. General discussion followed regarding the use of the parking lot and the business operation. Commissioners discussed possible resolutions within their powers and duties. Commission relaxed the rules and asked the business owner to address the issue. Brendan Ryan discussed his business' use of the parking lot, and typical day to day activity of their business. Ryan stated that his business incurred extra expense in order to provide a parking area to help solve a problem. Fleming stated that she appreciates the effort to create parking for their business, and asked that the owners make an effort to look into changes in their parking lot use that would alleviate the problem. Fleming believes there is a workable solution to this problem. Commission and the business owner discussed possible solutions. Wilde stated that planning staff would take direction from the Commission on any further requested action on this topic. Fleming asked if any members of the public wanted an opportunity to speak while Commission was still off the rules. Brad Chastain appeared from the audience and stated that the decision to issue the Conditional Use Permit was predicated on an application that specified that employee parking would be provided on the subject lot. Chastain stated that he was unable to contact the owners after repeated attempts to reach them and discuss a solution, and urged the business owners to engage with the neighbors. Tom Walsh appeared from the audience and stated that he would like to commend the business owners for having the foresight to secure off street parking for their business. Walsh stated that he does not have authority to regulate on-street parking, but pointed out that the CUP application clearly states that the lot would be used for employee parking. Walsh stated that it does not appear that the lot is being used as the application described, and had also attempted to contact the business owners to discuss a solution. Walsh urged the business owners to engage with the neighbors, and expressed disappointment that it had to first occur at this meeting. Hearing no one else wishing to speak, Fleming went back on the rules and asked planning staff to continue to monitor the situation. Wilde stated that planning staff would work with both the business owner and the neighbors. Fleming stated that the Commission may take this topic up again next year if problems persist into next season. D. Set topic for August 20, 2019 Work Session Commission discussed and set the topic for the August 20, 2019 work session to discuss accessory dwelling units Commission Comments Swann- No comment Hatfield- Stated that tonight's meeting agenda was a good example of the growing pains that Seward is facing right now, and that it is really important to find a balanced approach to making City of Seward,Alaska Seward Planning&Zoning Commission Minutes August 6,2019 Volume 7,Page 359 decisions that enhance year-round livability, business profitability, all while keeping everything as peaceful as possible. Hatfield spoke about the challenges of making such decisions. Ambrosiani- Asked planning staff to consider amending the public hearing notice mailing to provide an avenue for soliciting a response from the recipient Seese- stated that he appreciates how the Commission, staff, and public work together to solve problems Fleming- Stated that since the vote to approve the rezoning resolution was a split decision, she did not feel that tonight was the appropriate time to move forward on it. Fleming stated that she knows this may be applied for again in the future and reconsidered. Fleming stated that she does not feel that the subject area of Second Avenue is R1 residential. Citizens' Comments Susan Swiderski, inside city, asked Commission how many signatures were on the rezone petition, and what they mean. Swiderski stated that she would have liked to consider creating a gallery space if the rezone had passed. Carol Griswold, inside city, asked who owned Scheffler Creek, and discussed existing uses of Scheffler Creek. Griswold stated that she would like to see this resolved through the forthcoming platting process. Griswold urged Commission to be careful in allowing increased property access through our alleys, because it changes the use from a utility corridor to a narrow street and the loss of a buffer between different zoning districts. Griswold asked about the potential use of our alleys for gas line distribution, and urged the Commission to discuss this more. Griswold is looking forward to future discussion revolving around parking. Joe Tougas, inside city, discussed upcoming site preparation efforts at the site of the forthcoming Gateway Hotel. Tougas described the process of vibrocompaction as a means to stabilize the building site, and foundation staking. Commissions and Administration Response to Citizens' Comments Jackie Wilde specified that seven out of thirteen property owners signed the application supporting the Second Avenue rezone. Tom Swann discussed the many potential changes in use that could be allowed through rezoning, and stated that zoning decisions are critical in the long term effects they could have ADJOURNMENT (Hatfield) The meeting was-adjourned at 9:43 p.m. —� '� J� ackf C. WiRtit , � is <: Martha Fleming Planner Gi °` ti zoV't, Vice Chair ?�� (City Seal)* SEAL un • • ••.‘a‘;1/4:IlAti •e+rerava aR