HomeMy WebLinkAbout11122019 City Council Appeal Hearing Packet BOARD OF ADJUSTMENT
Record of Appeal
Produced November 7, 2019 by the City Clerk
Appeal Hearing
Tuesday, November 12, 2019
Council Chambers, City Hall
5:00 p.m.
RECORD OF APPEAL
for
Board Of Adjustment Appeal Hearing
Tuesday, November 12, 2019 at 5:00 p.m.
City Council Chambers
TABLE OF CONTENTS PAGE
Appeal Application&Proof of Fee Payment Received ....................................... 2
Clerk's Letter Accepting Appeal .................................................................. 5
Public Hearing Notice .............................................................................. 8
APPELLANT MATERIALS
Letter from Cindy Ecklund, dated November 5, 2019 .......................................... 9
COMMUNITY DEVELOPMENT /PLANNING & ZONING MATERIALS
Planning&Zoning Commission Meeting Packet Excerpt—Pages Referencing the
EcklundRezone ..................................................................................... 1 1
Planning&Zoning Commission Meeting Laydowns .......................................... 34
Verbatim Transcript of August 6, 2019 Planning & Zoning Commission Meeting ...... 40
Planning&Zoning Commission Resolution 2019-013 —Failed August 6, 2019 ......... 59
WRITTEN REBUTTALS
Letter of Objection from Carol Griswold, dated November 1, 2019 61
1
September 23, 2019 j
4
h" 019
Seward City Council
PO Box 167
Seward, AK 99664
Re: Planning&Zoning Commission Resolution 2019-013, Rezoning of the West half of Federal
Addition Blocks 7, 14 and 17 from R1 to Office Residential
Honorable Mayor and Council Members,
I am appealing the action taken by the Planning& Zoning Commission on August 6, 2019.
Resolution 2019-013 failed by a vote of 3 to 2.
1 applied for a zoning change from the current R1 (Single Family Residential) to OR (Office
Residential). A majority of the property owners within the rezoning request signed a petition in
favor of the rezoning. No one within the rezone area spoke in opposition to the rezone. Only
one property within the required public hearing notice area of 300 feet from the rezone
property line wrote an objection to the rezone. Their property is south across the street from
an R2 lot currently being used as a bunkhouse. Four property owners within the 300 foot notice
area wrote letters of support and more people spoke in favor of the rezone at the public
hearing than those opposed.
We are not asking to rezone the R1 area of Second Ave that still fits the definition of R1; Single-
family, low density residential . But this area between Second and Third Avenues no longer
meets that definition.
Seward City Zoning Code 15.10.115.08 states, „Purpose_This chapter is adapted in order to:
Provide for the orderly and stable public, residential, commercial and industrial development."
The area surrounding the requested rezone area has developed into a mixed use area with
residential (bath single and multi-family) commercial and institutional. Most of these changes
have happened since I purchased my property 21 years ago. AVTC was across the street from
me then but only had limited courses offered at that time. There were no B&Bs. There were
no 10-plexes or lodges using the alley as the only ingress and egress for those properties. We
are the only section of Second Ave that has such a mix of current and expected development.
The signers of the petition are not complaining about the development in our area. We just ask
to be rezoned to the appropriate zone. The definition of development in Merriam Webster is
"the act or process of growing of causing to grow or become larger or more advanced." Seward
City Code allows areas to be rezoned at the request of the people living within that zone with
the approval of an Ordinance by Council. Please reverse the decision of the Planning&Zoning
Commission.
2
I submitted my rezoning request and all required documents and the fee on June 28, 2019. On
July 26, 2019 1 purchased a plane ticket to be gone from September 28 through November 1,
2019 and I informed the Community Development Dept. of my travel plans. Planning and
Zoning heard the request on August 6, 2019. 1 did not get my letter stating the action had
failed until September 13, 2019 and I have to submit the appeal within 10 days. I could not
submit an appeal until I received the letter. The Council has 30 days to hold a hearing. Which
puts the hearing date within the month of October while I'm gone. I would like to request an
extension for the hearing date to have the Council hear my appeal during the first week of
November. If that is not possible I will call in my appeal testimony. I am sure the Clerk's office
will keep my posted so I can plan accordingly.
Thank you,
Cindy L. EC'klund
PO Box 1837/806 Second Ave.
Seward, AK 99664
907-362-2276
3
CITY OF SEWARD RECEIPT# 30346
410 ADAMS STREET 9/23/2019
PO BOX 167
SEWARD AK 99664 Received
phone: (907) 24-40 0 From
Lookup Name Payment Type Check# Amounts
11113 CITY CLERK Credit Card 361904901 Due 350.00
Tendered 350.00
Change Due
Description.
Appeal filfee - Ecklund, Clndy
Zoning Fees 350.00
4
0 Main Office(907)224-4050
0 Police(9D7)224-3338
CITY OF SEWARD 0 Harbor(907)224-3138
POD BOX 167 0 Fire(907)224-3445
SIEWARD, ALASKA 99664-0107 0 City Clerk (907)224-4046
0 Engineering(907)224-4049
0 Utilities(907)224-4050
0etober 25, 2019 0 Fax(907)224-4038
Cindy L, Ecklund
PO Box 1837
SeNvard, AK 99664
R E: Appeal ot'I'lanning& Zoning Commission Resolution 2019-013
Dear Ms. Ecklund:
This letter- is to confirm that on Septernber 23, 2019, the city clerk received your appeal for Planning &
Zoning Commission Resolution 2019-013 which was failed by the Commission on August 6, 2019, This
letter also confirms that the filing fee of$350 was paid on the same date.
Resolution 2019-013, Rezoning (Y"Ihe ffest IKi�f'(YT(mleral Acklition Blocks 7, 14, And
17, E.xcelw Lot 7-8 Block 17, T'rom Single Fatnily Reshlenliol (RI) And TWO Fanlil,,Y
Resiclential (R2) P) Of fice Resitlential(OR .
The Commission's decision occurred on AlIgUst 6, 2019, and the appeal should have been filed within ten
days, or by August 26, 2019. However, you stated that You did not receive official notification of the
decision until September 13, 2019, and so the deadline for filing an appeal would be September 23, 2019
Therefore, YOUr appeal submission is considered timely.
The appeaq hearing must be scheduled within 30 days ofthe receipt of the appeal, or by October 23, 2019,
However, you requested an extension to allow the appeal hearing to lake place after November 1, 2019.
Your extension request is being granted — please note that all notices regarding the appeal hearing will
contain special language noting this extension.
The appeal hearing has been scheduled with the Board of AdJustment on Tuesday, November 12, 2019 ant.
5.00 pmi. in Council Chimbers, Seward City Code 15.10.425 allows flor YOU, as the appellant, to file as
written staternein. which summarizes that facts and sets fbilh pertinent points. T lie written statement must
be received by the city clerk no less than seven (7) (lays prior to the appeal hearing date, or no later than
Novernber 5, 2019. Enclosed is as copy of Seward City Code Title 15 planning and Land Use
Regulations, Article 4 - Appeals, I"or you reference.
Sincerely,
Brenda I Ballou, MmC
C 1 .1
ity Clerk
cc: Scott Meszaros,, City Manager
Jackie Wilde, CommUllity Development Director
I folly Wells, City Attorney
Article 4. -Appeals
15.10.410-Appeals—Generally.
(a) Purpose. This article governs all appellate actions and determinations, including interpretation and
enforcement, taken under the Seward Zoning Code.
(b) Appeals—Standing. Any person or persons aggrieved by an action or determination taken under
this chapter may appeal said action or determination.
(c) Time limitation. An appeal of a decision of the administrative official or the Seward planning and
zoning commission must be filed within ten days of the action or determination being appealed. An
appeal of a decision of the board of adjustment must be filed within 30 days of the action or
determination being appealed. Computation of the time period for filing an appeal shall commence
with the date on which the action or determination is mailed or delivered to the parties involved. Any
decision not appealed within these time limits shall become final.
(d) Applications. The application for appeal shall be filed with the City Clerk, except that appeals to the
superior court shall be filed with the appropriate court officer with a copy to the City Manager, shall
be in writing, and shall contain, but is not limited to, the following information:
(1) The name and address of the appellant;
(2) A description of the action or determination from which the appeal is sought; and
(3) The reason for the appeal which must show a grievance to the applicant.
(e) Filing fee. An application appealing actions and determinations of the administrative official or the
Seward planning and zoning commission shall be accompanied by a filing fee as set by resolution of
the council.
(f) Jurisdiction. Appeals of actions and determinations of the administrative official are heard by the
Seward planning and zoning commission. Appeals of actions and determinations of the commission
are heard by the board of adjustment. Appeals of actions of board of adjustment are heard by the
superior court.
(Ord. 626, § 3, 1989; Ord. 2005-02)
15.10.415 -Appeal notice and hearing.
(a) Upon receipt of a valid application appealing an action or determination of the administrative official
or the Seward planning and zoning commission, the City Clerk shall schedule an appeal hearing to
be held within 30 days. All parties to the action or determination being appealed shall be provided
with written notice not less than 15 days prior to the appeal hearing. Notice of the appeal hearing
shall also be published in the manner provided for publishing notice of public hearings in section
15.01.040(a).
(b) An appeal hearing conducted by the board of adjustment shall be on the basis of the record
established before the commission and the record on appeal. The agency hearing an appeal may
allow for oral presentations by the administration and the appellant. A time limit may be established
for said presentations.
(c) The hearing, and any reconvenings thereof, shall be open to the public; however, the hearing
agency may vote to recess to a closed, executive session, in order to deliberate and prepare its
findings of facts and conclusions of law; provided that final action shall be voted upon in open
session.
(d) No new evidence shall be received or considered by the board of adjustment hearing an appeal.
Appeals alleging new evidence or changed circumstances shall not be heard by the board of
adjustment but shall be remanded forthwith by the City Clerk to the commission, which shall
determine whether to rehear the matter.
6
(Ord. 626, § 3, 1989; Ord. 94-41)
15.10.420- Record of appeal.
(a) The record of appeal shall be prepared by the City Clerk and provided to the hearing agency not
less than five days prior to the hearing, and shall consist of the following:
(1) A verbatim transcript of the prior proceedings from which the appeal has been taken, if those
proceedings were taped or otherwise recorded, or if the proceedings were not recorded, copies
of any approved minutes, summaries or other records of the proceedings;
(2) Copies of all memoranda, exhibits, correspondence, recommendations, analyses, maps,
drawings, and other documents or exhibits submitted prior to the decision from which the appeal
is taken;
(3) A copy of all prior written actions, determinations and decisions, including findings and
conclusions;
(4) A list of the names and addresses of all persons appearing as witnesses at prior hearings; and
(5) Any written statements filed pursuant to section 15.10.425.
(b) The record of appeal shall be made available for public inspection in the clerk's office not less than
five days prior to the hearing date.
(Ord. 626, § 3, 1989)
15.10.425 -Appellant's written statement.
(a) An appellant may file a written statement summarizing the facts and setting forth pertinent points
and authorities in support of the points contained in the notice of appeal if such statement is filed not
less than seven days prior to the date set for the appeal hearing.
(b) The administration and any interested party wishing to file a written statement in rebuttal to the
appeal may do so if such statement is filed not less than two days prior to the appeal hearing date.
(Ord. 626, § 3, 1989)
15.10.430- Findings and conclusions.
(a) Within 60 days following the filing of an appeal, the body hearing the appeal shall issue its decision
in the form of written findings of fact and conclusions of law.
(b) The findings of fact and conclusions of law shall reference specific evidence in the record and the
controlling sections of this chapter. The board of adjustment may affirm, modify, vacate, set aside or
reverse any decision brought before it for review, and may remand the case and direct the entry of
such appropriate order, or require further proceedings to be had as may be just under the
circumstances.
(c) Upon express vote, the body hearing the appeal may adopt as its statement of findings and
conclusions those findings and conclusions officially adopted by the body below from which the
appeal was taken.
(d) The findings of fact and conclusions of law shall be signed by the presiding officer and filed with the
clerk, who shall promptly mail a copy to the appellant.
(Ord. 626, § 3, 1989; Ord. 641, 1991)
•
PUBLIC NOTICE
NOTICE OF APPEAL HEARING
NOTICE IS HEREBY GIVEN that the Board of Adjustment will conduct
an appeal hearing on the following item of business:
Planning & Zoning Commission Resolution 2019-013,
Rezoning Of The West Half Of Federal Addition Blocks 7,
14, And 17, Except Lot 7-8 Block 17, From Single Family
Residential (RI) And Two Family Residential (R2) To
Office Residential (OR).
Tuesday, November 12, 2019 at 5:00 p.m.
City Council Chambers
The hearing will commence in the Seward City Council Chambers located
at 410 Adams Street, Seward. All interested persons are invited to attend
the meetings.
POSTED: Friday, October 25, 2019 Seward Journal: October 30&November 6, 2019
City Hall bulletin board
U.S. Post Office
Harbormaster's Building
Seward Community Library Museum
a
RECEIVED
NOV 0 5 2019
November 4, 2019 OFFICE OF THE
CITY C1 PPW
IM]
Appellant Statement regarding City of Seward denial of Rezone request Resolution 2019-013,
changing the west half of Federal Addition Blocks 7, 14 and 17, except for lot 7-8 Block 17, from
single family residential (Rl) and two family residential (R2) to office residential (OR)
Seward City Code allows rezoning of property when it meets Chapter 15 requirements.
The request for rezoning meets SCC 15.01.035-045;
1) a petition of support of rezoning was signed by more than 50% of the property owners in the
area,
2) the last request for rezoning a section of this request was submitted over 9 months ago. That
request was to rezone the area to Auto Commercial (AC) and was denied by the Planning and
Zoning Commission primarily because AC allows 47 more land uses. In comparison OR allows
only 26 more land uses,
3) the area of the rezoning request is more than an acre.
4) the amendment request process met the SCC requirements,
5) public notice requirements were met.
6) public hearing procedures and community input procedures were met.
7) fees were paid.
With regard to the Seward Comprehensive Plan, SCC 15,05.10 states that plan "is meant to
guide the actions of elected officials in setting forth the goals, objectives, and policies governing
the future development within the City." SCC 15.05.020 states, "A part of the COMprehensive
plan is the development of a land use classification systern on which to base zoning and to
guide the land use regulation systern. Such a classification system should provide a balanced,
compatible land use mix, in order to separate incornpatible Uses and minimilze conflict between
land uses," I referenced several incompatible uses within the area to rezone in my letter of
testimony in the August 6, 2019 Planning and Zoning packet:
1 There is an abundance of parking and traffic along this section of Second Ave. due to
the location of the vocational institution and the increase of visits, to Two Lakes Park.
Noise from winter sidewalk and parking lot maintenance has increased, The vocational
school has increased it's programs over recent years which increased the traffic and
noise from when I purchased my property in 1998. The park was not established or
promoted in 1998 either. The residents of this rezoning don't have an issue with these
changes but the area no longer fits the SCC 15.05.025 Land Use districts - Established,
definitions; R1 and R2 both include these clauses - "Intended to provide for stable,
quiet...:" and "free from other uses except those which are both compatible and
convenient to residents of such a district."
2) Traffic is abundant through the alleyways as well. SCC 15.10.140 Definitions defines
Alley's as "A dedicated public way which affords a secondary means of access to
abutting property and not intended for general traffic." The land use designation to the
9
east across the alley to these properties is AC. Currently an auto service industry uses
the alley consistently and the multiplex being built will use the alley as primary ingress
and egress. Additional development to the east of this rezone is in the development
process which would also include primary access through the alleys. Again the
residents requesting this rezone are not in objection but want to be zoned appropriately
for the land use mix as stated in code.
Only one property within 300 feet of this rezone area objected to the request for rezone during
the Planning Commission process. Four property owners within the 300 foot area submitted
letters or emails of support of the rezoning and were distributed as laydowns at the meeting.
Three property owners within the area to be rezoned spoke in favor of the rezone at the August
6, 2019 P&Z meeting. No one within the area of the rezone request wrote or spoke in objection
to the request for a rezone.
Much of Second Ave is and probably should remain R1 or R2. But this section of Second Ave is
different. Look at the map of Second Ave and you will see that the section between A and C
streets is the only section that does not have residential zoning on the west or east side of it.
The rest of Second Ave has residential zoning on at least one side of it.
SCC 15.10.115 states "This chapter is adopted in order to: 8. Provide for orderly and stable
public, residential, commercial and industrial development." In the Merriam-Webster dictionary
development is defined as, "the act or process of growing or causing something to grow or
become larger or more advanced." The Code of Ordinances for our City outlines a process for
change. We use other plans as guides but our City Code follows a process of enactment and
enforcement and lays out a process of change within the law.
I request a reversal of the August 6, 2019 Planning and Zoning Commission's 3 No to 2 Yes
decision to allow the west half of Federal Addition Blocks 7, 14 and 17, except for lot 7-8 Block
17, from single family residential (RI) and two family residential (R2) to office residential (OR).
Cind L. cklund
806 �,e'ind Ave.
e,
Seward, AK
g c k,LLj,Ld c a :ra if co m
907-362-2276
10
Seward Planning & Zoning Commission
Regular Meed
.August 6, 2019 7:00p.m City Council Chambers
Cindy Ecklund
Chair
Term Expires 02120 1. Call to Order
Martha Fleming Vice Chair 2. Opening Ceremony
Term Expires 02120 A. Pledge of Allegiance
Gary Seese
Commissioner 3. Roll Call
Term Expires 02122
Tom Swann 4. Special Deports & Presentations
Commissioner
Term Expires 02122 A. City Administration Report
Craig Ambrosiani B. Other Reports, Announcements&Presentations
Commissioner
Term Expires 02122 5. Citizens' Comments on any subject except those items
Nathaniel Charbonneau scheduled for public hearing. [Those who have signed in
Commissioner will be given the first opportunity to speak. Time is limited
Term Expires 02121 to 3 minutes per speaker and 36 minutes total time for this
KeffiRalfield agenda item]
Commissioner
Term Expires 02121 6. Approval of Agenda and Consent Agenda, [Approval of
Consent Agenda passes all routine items indicated by
asterisk (*). Consent Agenda items are not considered
separately unless a Commissioner so requests. In the event
of such a request, the item is returned to the Regular
Agenda.]
Scott Meszaros
City Manager
Brennan Hickok
Assistant City Manager
Jackie C. Wilde
Planner
Andy Bacon
Planning Assistant
Planning and Zoning Commission Meeting Agenda
August 6, 2019
7. Public Hearings[Limit comments to 5 minutes. Those who have signed in will he given the first
opportunity tospeakj
A. Unfinished Business Items requiring a Public Bearing—None
B. New Business Items requiring a Public Hearing,
I. 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 (RI) and Two Family
Residential (R2) To Office Residential(OR)____..........................___,—Page 4
8. Unfinished Business—None
9. New Business
A. 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 Townsitc S&R Audette
Replat ................................11.........I.....................................Page 24
B. 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 Scheffler Creek Drainage
Easement, Creating One Lot To Be Known As Lot I.A, Oceanview
SubdivisionGateway Replat.....................................................Page 33
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.............. .................................................................Page 55
D. Set topic for August 20, 2019 work session as "Discuss Accessory Dwelling
U'flits"
E. Approval of June 4, 2019 Regular Meeting Minutes. ...............................Page 94
10. Informational Items and Reports (No action required)-
A. Planning and Zoning"Did You Know"..................................................Page 102
B. Commissioner Educational Information Piece........................... Page 103
C. FEMA Region X Newsletter.................................................... ...............Page 107
D. 2019 Planning& Zoning Meeting Schedule...........................................Page 110
E. City Calendars ......................................................................................Page Ill
---------- .......
Planning.and Zoning Commission Meeting Agenda
August(), 201.9
12
H. Commission Comments
12. Citizens' Comments[Limit to 5 minutes-per individual—Each individual has one opportunity to
speak]
S. Commissions and Administration Response to Citizens' Comments
14. Adjournment
Planning and Zoning Commission Meeting Agenda
August 6, 2019
13
Sponsored by: Applicant
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2019.013
A RESOLUTION OF THE 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 (RI) AND TWO FAMILY
RESIDENTIAL (R2) TO OFFICE RESIDENTIAL (OR)
WHEREAS, the property owners of Lots 7-1.2 Block 7, 7-12 Block 14, and 9A-12
Block 17 have submitted an application and filing, fee, requesting their lot be rezoned from
Single Family Residential (R1) and Two-Family Residential (R2) to Office Residential (OR);
and
WHEREAS, the proposed area to be amended includes thirteen (13) parcels that are
developed with residential structures; and
WHEREAS, the cur-rent zoning of the parcels are Single Family Residential (RI) and
Two-Family Residential (R2), and the future Land Use Plan map designation recommends the
parcels be rezoned to Two-Family Residential(R2); and
WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the
consideration of this rezone because the area encompassed by the proposed ordinance contains
more than one acre; and
WHEREAS, the Office Residential (OR) district is intended to provide for medium
density residential, commercial and office development designed to act as a transition zone
between the high density central business district and surrounding medium-high density
residential districts; and
WHEREAS, the public notification process was complied with and the appropriate
public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission
on August 6,2019,
14
Seward Planning and Zoning
Resolution 2019-013
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Seward Planning and Zoning Commission supports the proposed zoning
change and recommends Resolution 2019-013 be forwarded to City Council for enactment as
Ordinance 2019- attached and incorporated herein by reference.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6t" day of
August 2019.,
THE CITY OF SEWARD, ALASKA
Martha Fleming, Vice Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
15
Sponsored by: Planning
and Zoning Commission
Introduction Date: September 4,2019
Public Hearing Date: September 23,2019
Enactment Dates September 23,2019
CITY OF SE'WARD, ALASKA
ORDINANCE 2019-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE LAND USE PLAN AND ZONING DESIGNATION
OF THE WEST" HALF OF FEDERAL ADDITION BLOCKS 7, 14, AND 17,
EXCEPT LOT 7A BLOCK 17, FROM SINGLE FAMILY RESIDENTIAL (R1)
AND TWO FAMILY RESIDENTIAL (R2)TO OFFICE RESIDENTIAL(OR)
WHEREAS, the property owners of Lots 7-12 Black 7, 7-12 Bloch 14, and 9A-12
Block 17 have submitted an application and filing fee, requesting their lot be rezoned from
Single Family Residential (R1) and Two-Family Residential (R2) to Office Residential (OR);
and
WHEREAS, the proposed area to be amended includes thirteen (13) parcels that are
developed with residential structures; and
WHEREAS, the current zoning of the parcels are Single Family Residential (R1) and
Two-Family Residential (R2), and the future Land Use Plan map designation recommends the
parcels be rezoned to Two-Family Residential(R2); and
WHEREAS, the Seward City Code SCC §15,01.035, Amendments, (b) (3) allows the
consideration of this rezone because the area encompassed by the proposed ordinance contains
more than one acre; and
WHEREAS, the Office Residential (OR) district is intended to provide for medium
density residential, commercial and office development designed to act as a transition zone
between the high density central business district and surrounding medium-high density
residential districts; and
WHEREAS, the public notification process was complied with and the appropriate
public hearing, as required by Seward City Code § 15.01.040 was conducted by the Commission
on August 6, 2019.
16
City of Seward
Ordinance 2019-
Page 2
WHEREAS, the Planning & Zoning Commission has complied with public notice and
public hearing procedures for amending zoning district designations, as required by Title 15; and
WHEREAS, at the August 6, 2019 meeting, the Planning and Zoning Commission
reviewed the application, held a public hearing and recommended City Council approval of the
proposed zoning amendment included in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The Seward City Council hereby authorizes the amendment of the Land Use Plan
and official Zoning Map of the City by amending the zoning designation of Lots 7-12 Block 7, 7-
12 Block 14, and 9A-12 Block 17, Federal Addition from Single Family Residential (RI) and
Two-Family Residential (R2)to Office Residential(OR)
Section 2.This ordinance shall take effect ten(10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 9,h day
of September 2019.
THE CITY OF SEWARD,ALASKA
David Squires,Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda J. Ballou,MMC
City Clerk
(City Seal)
17
P&Z Agenda Statement
Meeting Date: August 6, 2019
Through: Jackie C. Wilde, Planner
From: Andy Bacon, Planning Assistant
Agenda item: Planning and Zoning resolution recommending City Council
approval of the re-zoning of the west half of Federal Addition
Blocks 7, 14, and 17, except Lot 7-8 Block 17, from Single Family
Residential (RI) and Two Family Residential (R2) to Office
Residential (OR)
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the Seward City Council is
Resolution 2019-013 recommending that City Council approval of the attached Ordinance 2019-
- amending the zoning designation of Lots 7-12 Block 7, 7-12 Block 14, and 9A-12 Block 17
Federal Addition, located on the east side of Second Avenue from A Street nearly to D Street,
from Single Family Residential (Rl) and Two Family Residential (R2) to Office Residential
(OR)(see attached maps).
The application was submitted by property owner Cindy Ecklund, and includes the signatures of
over 50% of the property owners in the area to be amended. The applicant has stated that
rezoning to Office Residential (OR) is representational of current and planned neighborhood
activities.
ZONING HISTORY
The zoning history of Second Avenue from A Street to D Street is as follows: The zoning
designation of the portion of Second Avenue between A Street and D Street was indicated as
Single Family Residential (RI) on the official zoning map adopted in 1978 by the Kenai
Peninsula Borough, which held the zoning authority at that time. The 1985 Comprehensive
Plan's Land Use Plan Map delineated the area between A Street and D Street along Second
Avenue as Two-Family Residential (R2). In January 1992, by Ordinance 665, City Council
amended the Land Use Plan of all RI, R2, and R3 zoning within the OTS, Federal, Laubner &
Cliff addition south of Mill Street, changing the zoning designation to Urban Residential (UR).
Future Land Use Plans approved in 2005 and 2017 delineated this area as Two-Family
Residential (R2).
In 2006 Lot 7A, located on the comer of Second Avenue and D Street was rezoned Auto
Commercial for the purpose of developing an employee bunkhouse. This parcel is not included
in Resolution 2019-013 for that reason. In 2016, two land use amendment applications came
before the Planning and zoning Commission involving properties within this portion of Second
Avenue. A rezone to Two-Family Residential (R2) for one 0.22 acre parcel passed and was
18
Seward Planning and Zoning Commission
Agenda Statement— Resolution 2019-013
Page 2 of 3
enacted by Council. The second application to amend the zoning designation of four parcels on
the west half of Block 17 to Auto Commercial (AC) failed to pass Plaluaing and Zoning.
SURROUNDING LAND [JSE AND ZONING:
The Office Residential (OR) district is intended to provide for medium density residential,
commercial and office development designed to act as a transition Zone between the high
density central business district and surrounding nicdium-high density residential districts.
The adjoining properties to the east of the subject area are zoned Auto Commercial (AC) and are
developed with a rnix of residential and commercial structures. Properties to the west are zoned
Institutional (INS) and Urban Residential (UR), and include AVTEC and residential homes. The
property to the north is zoned Auto Commercial (AC) and includes a bunkhouse for seasonal
employees. Properties to the south are zoned Single Family Residential (RI), and include single-
family homes.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (2030, approved by Council May 30,
2017):
3.2.2.1 Maintain community vision through the rigorous
implementation and update of the Comprehensive and X
Land Use Plans (page 14)
* Update the zoning code in order to implement the I
Comprehensive Plan and bring the zoning map into
conformance with the Land Use Plan (page 14, bullet 3)
2.
Strategic Plan (Approved by Council Resolution 99-04.3):
• Promote Residential and Commercial Development inside X
the City. (Page 9, Bullet 2)
Seward City Code
9 SCC §15.01.035, Amendments (b):
(1) Changes in this title may be initiated by the following
means: (c.)By petition of a majority of the property
owners in the area to be amended;
3. (3) Except for an ordinance altering the boundaries of X
existing, contiguous zoning districts or an ordinance
which brings a parcel into conformance with the land
use plan, no ordinance altering zoning,within the City
shall be considered if the area encompassed by the
proposed ordinance contains less than one acre, not
including street or alley rights-of-way,
19
Seward Planning and Zoning Commission
Agenda Statement- Resolution 2019-013
Page 3 of 3
STAFF REVIEW
City Staff reviewed this re-zone request and no comments or objections were received.
PUBLIC NOTICE
Property owners within three hundred (300) feet of the affected area were notified of this
proposed land use amendment. Public notice signs were posted on each block in the area to be
amended, and all other public hearing requirements of Seward City Code §15.01.040 were
complied with.
At the time of this publication, staff has received four comments on the proposed land use
amendment; one comment in support and three in objection. These comments have been
included in the packet. If any comments are received after this publication, they will be presented
to the Commission as a laydown at the August 6, 2019 meeting.
RECOMMENDATION:
Commission approve Resolution 20 19-013, recommending that City Council amend the zoning
designation of the west half of Federal Addition Blocks 7, 14, and 17, except Lot 7-8 Block 17,
from Single Family Residential (RI) and Two Family Residential (R2) to Office Residential
(OR)
20
EQ 9�W En F
D
ry
J1 N
City of Seward
LAND USE PLAN AMENDMENT - REZONING (A1ppLq7�VA*V0@pve1opment
Petitioner:
Address: 37
Phone No:
.ro
ry
Legal Description: -1 DC
4-, 2,
Physical Loration:
Land Use Plan: Present: Proposed:
Zoning District: Present: Proposed:
Intended use and/or re as0 for rezoning: 'u V, 0 V kp,
",
A map is required to accompany this application! Proof of ownership for parcel(s)
must be available if Borough tax roles do not indicate applicant's name.
The APPLICATION and MAP (indicating, the specific area) must be submitted together,
with a FEE of $250.00 (payable to the City of Seward) to the Community
Development Office.
Signatures of 51 % of property owners involved in the rezoned area.
SIGNATURE ADDRESS. (legal) DATE
I ltq
j fkX'2,4iq2— 41 e� 49-,l lei
'To�t5,y f I
Zf 10
Namur -�7D ci (X
ox,
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21
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SewardC,ty of
Community I
LAND USE PLAN AMENDMENT _ REZONING APPLICATION
petitioner:
Address. 90
Phone No. �� MD-0
m
Legal Description- &
Physical Location:
0
Land Use Plan: Present: �
Proposed: a
Zoning District: Present: Proposed:
intended use and/or reasoll for rezoning: 1°
`µ
A romp is required to accompany this application! Proof of ownership for parcel(s)
must be available if Borough tax roles do not indicate applicant's name.
The APPLICATION and MAP (indicating the specific area) must be submitted together,
with a FEE of $250.00 (payable to the City of Seward) to the Community
Development Office
Signatures of 51 % of property owners involved in the rezoned area.,
.PSIG ATURE ADDl E55 ale al DDT
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23
PLANNING AND LAND USE REGULATIONS 15.0L035
(7), Boundaries indicated as intersecting the shoreline of Resurrect-ion Bay are considered
to continue in a cardinal direction to the center of the bay or an intersecting line,
making the tidal and bay map designation the same as the adjoining upland
designation.
(Ord. 626, § 3, 1989; Ord. 649, § 1, 1991; Ord, 95-17,- Ord, 96-01; Ord. 99,-14, § 3, 1999)
15.01.035. Amendments.
(a) Generally, Whenever the public necessity, convenience or general welfare requires,the
city council may, under the procedure set forth in this section and by ordinance, amend or
repeal these regulations or change zoning and land use district boundaries.
(b) Initiation.
(1) Changes in this title may be initiated by the following means:
a. By the city council on its own motion;
b. By the commission on its own motion;
C. By petition of a majority of the property owners in the area to be amended;
d. By petition bearing the signatures of 50 registered voters within the city; or
e. By petition as provided by the home rule charter of the city.
(2) A proposed amendment which is substantially the same as any other proposed
amendment submitted within the previous nine months and which was not approved
shall not be considered.
(3) Except for an ordinance altering the boundaries of existing,contiguous zoning districts
or an ordinance which brings a parcel into conformance with the land use plan, no
ordinance altering zoning within the city shall be considered if the area encompassed
by the proposed ordinance contains less than one acre, not including street or alley
rights-of-way.
(4) The amendment request shall include the name and address of the applicant, a map
showing the area involved,the present and proposed land use designation, the reason
for the proposed change, the appropriate application fee as set by city council
resolution and other pertinent information requested by the city.
(c) Amendment procedure,
A completed application, as described in this section, shall be submitted to the
administrative official. The administrative official shall schedule a public hearing
pursuant to the provision of section 15.01.040.
(2) The commission shall hold a public hearing in accordance with the requirements of
this chapter,
(3) The commission shall,upon public hearing,forward its written recommendation to the
city council,along with all certified minutes and public records relating to the proposed
amendment.
Supplement No. 01-1 15-5
24
IM1.035 PLANNING AND LAND USE REGULATIONS
(4) The city council, in accordance with the provisions of the city code, may or may not
adopt the amendment as a city ordinance.
(5) A copy of all proposed and adopted amendments to the land use plan shall be
submitted to the Kenai Peninsula Borough planning commission for information.
(Ord. 626, § 3, 1989)
15.01.040. Public hearings.
(a) Public hearings as required by this title shall comply with the notice requirements as,
contained herein.
(1) Procedures,
a. Notice of the public hearing shall be published at least twice in a newspaper of
general circulation within the city. The notice shall be published during each of
the two calendar weeks prior to the public hearing date.
b. The notice shall contain at least the following information: a brief description of
the proposal on which the public body is to act, a legal or common description of
the property involved; date, time and place of the public hearing; person and
place to contact for more detailed information,
C. Decorum of the body holding the hearing shall prevail.
(2) Neighboring property owners notiftcation. A copy of the public hearing notice shall be
mailed to the applicant and to real property owners of record on the Kenai Peninsula
Borough assessor records within a 300-foot periphery of the parcel affected by the
proposed action. This notice shall be mailed not less than ten days prior to the date of
the bearing.When a public hearing is to be held regarding an amendment involving a
change in text or major district boundary changes, no notification of neighboring
property owners shall be required, but notices shall be mailed to affected property
owners and displayed in at least three public places.
(3) Public posting. The applicant shall post the property subject to the application with
public notices as provided by the city at least ten days before the date of the required
public hearing. Such notices shall be placed so as to be visible from each improved
-1-1,jitreet adjacent to the property. The applicant is responsible for removing the posted
notices within five days after the hearing is completed.Failure to properly post notices
is grounds for deferral or denial of the application. No one except the applicant, an
agent of the applicant, or the city shall remove or tamper with any such required
posted notice during the period it is required to be maintained under this paragraph.
(4) Proof of posting. Before the public hearing, the applicant shall submit to the city an
affidavit signed by the person who posted the notice or caused the posting to be done
that the notice was posted as required by this section.
(Ord. 626; § 3, 1989; Ord. 97-01)
Supplement No.01-1. 15-6
25
CITY OF SEWARD RECEIPT# 29003
•°� 410 ADAMS STREET 6/28/2019
• PO BOX 167
SEWARD AK 99664 Received
phonie: (907)224-4050 From
Lcwkuu Name Payment Type Check# Amgun
11122 COMMUNITY DEVELOPMENT Credit Card C.Ecklund;Re- Due 250.00
Tendered 250.00
Change Due
C.Ecklund;Re-Zoning Fee
Taxes Payable-Sales 16.35
Zoning Fees 233.65
26
Legend
Rural Residential
k � �i�liri��� ;�G��✓1
Single Family Residential'
MM Two Family Residential
Multi Family Residential l
of �!r
Urban Residential
Office Residential
Harbor Commercial
Auto Commercial /
Central Business District
Industrial i
Institutional J
Park %�I!,/io%%
SEEN
Resource Management
MAN
r
// 0'0�(��„i l6i✓ r
///%
r
All
Federal Addition: West 1/2 Block 7,
Rezone Application R1 to OR
4, r �d 17 exce�t Lot 7.-8 B �oc.K 17 � ` N ar��n��, ������,� 4 �Feet
#Q differen#data sources property lines am aerie �._ 100 200
imagery do not overlay correctly. Map is to be used for #f
orientation and reference purposes only. mapping Assistance by Alaska Map Company,L_LC
27
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l=ederal Addition: West 1/2 Block 7, v Rezone Application R1 to OR
> d aenit latex except prlopertyli-8 B►�C�ck 17
0 100 200 400 Feet
imagery do not overlay correctly. Map is to be used for #
orientation and reference purposes only,
Mapping Assistance by Alaska Map Company,LLC
28
July 32L2018
Dear Planning and Zoning Commissioners,
&4y apologies for not being at the August 6, 2O19meeting. Although |fU was in attendance | would recuae myself from
formal P&Z discussion or action on Resolution 2019-013. But as the applicant I would give public testimony in support of
my request. This letter ismytestimony,
The parcels we are requesting a rezoning for are the west portion of blocks the fie between lmstiLuLiona| (INS) and Urban
Residential (UR) on the west side of Second Ave. and Auto Commercial (AC) and Central Business District (CBD)on the
east across our alleys.
Here are the definitions uf those surrounding areas per Seward City Code;
Institutional district (INS). Public and private educational, administrative,government and health care uses, including
public land reserve for future public development.The development standards are intended to set a high standard to
assure that the activities provide visual amenity to the surrounding area.
Urban residential distdct(UR). Intended to o||oxv an area of higher density mixed residential uses from detached single-
family housing to multi-family apartments [m conjunction with compatible low impact professional office uses in the area
surrounding the downtown business district,
Auto cmmmercie| district (AC). lmtemdedtm provide areas 1naccommodate highway-orientedcommercla| activities such
as offices, certain institutional: uses, and limited personal services and retail uses requiring substantial outdoor activity,
traffic and parking, and which also serve the offices and nearby residential areas,and which do not materWly detract
from nearby residential areas.
Central business district(CBD). Provides for an area of convenient, attractive, concentrated commercial development
primarily intended for retail,financial, entertainment and professional services occurring within enclosed structures.
Regulations applying to this zone are designed tu encourage a compact group mf businesses of the type which are
mutually beneficial and located close enough together to encourage walk-in trade.
The parcels requesting rezoning are not surrounded by other R1 or R2 parcels except for across A St.to the south.This is
not|n compliance with how R1 and R2 are defined in the code,these parcels are not "free from other uses except those
which are both compatible and convenient to residents of such adistrict" There isan abundance uf traffic and parking
along Second Ave. adjacent to the vocational institution. There is also an increase in noise pollution during their parking
�ot and sidewalk maintenance, especially during the winter months.Traffic is abundant through the alleys due to the AC
zoning along Third Ave with the current presence of a bunkhouse and auto service industry.Additionally the new
multiplex going in on the 700 block of Third Ave, has designated the ingress and egress will be through the alley. UR
zoning to the west allows for higher density and office use.
There is no other section of Second Ave. that is surrounded by such an array of other zoning. If I were
ever to sell my property i1 would bea misnomer 10 say lt was inaR1orR2zone. My request tm rezone |stobeomore
fitting designation of the area.
Thank you for your time and consideration,
Cindy L. Ecklund
907-362-22176
29
July 3O, 2O19
Dear Manning and Zoning Commissioners and Administration,
Udo not support amending the Land Use Plan to rezone 19 lots, along the east side ofSecond
Ave from Residential 1 amd R2 to Office Residential (OR),. Changing the zoning of thisarea to
Office Residential is not supported in the 203O Comprehensive Plan,the Land Use Plan mrthe
Strategic Plan,
Seward i6 geographically compact, making neighborhoods and quiet, Uow-densityresidential
zones,ever more important and valued bv both residents and citizens. But, bit by bit, our
residential neighborhoods are being eroded. If these blocks alongSecond are rezoned to OR,
adjacent properties along Second will be easier to rezone to commercial, and Sevvmrd'sva|ued
residential neighborhoods vanish.
Second Avenue is a buffer between residential neighborhoods and the busy commercial Third
Avenue corridor. It is a residential street where parents with strollers, dog walkers, and other
pedestrians and bicyclists can enjoy a quieter, slower pace from busy Third Avenue. An amazing
catalogued salmon stream runs along the west side from nearby First Lake in Two Lakes Park to
the Lagoon; river otters are known to travel along the stream and Second Ave, and bald eagles
perch in the trees. It is a very special area that promotes a high quaHty of life for residents who
live in this and: adjacent neighborhoods and others who enjoy passing through.
The uses on12of these lots are singIe family homes,the other isw duplex. The majority cf uses
along Second Ave extending to the south all the way to Washington are single family honmes
with afevv multifamily units.The uses tothe west are majority single family with the exception!
of the AVTEC First Lake Facility, The uses to the north are a seasonal Kenai Fjords bunk house,
the Seward Volunteer Ambulance barn, and then all single family homes along Second,
Chamberlin and Dairy Hill tn Third Ave with the exception of Exit G|acie�rGuides' parking lot by
the Lagoon.
The Office Residential (OR) district is a principally commercial zone intended to provide for
medium density residential, commercial, and office development,The commercial (]Rzone
uses allowed outright are not compatible with this neighborhood: agencies (travel, insurance,
title, nzaU estate), artgaUery, business (retail sales and service), child care center, medical clinic,
house rental on a nightly basis, dormitory, lodging, mortuary, museum, offices (charter boat,
guide, business or professional, gmvernrnent), parking,lot, personal services (beauty, shoe,
tai|or), playground, recycling center, restaurant, food service, catering, brew pub, rooming or
boarding house, studio (radio,TV), and taxidermy.
Regardless of what the applicants say they intend to do now, these commerciaU, highertraffic
uses will be m|UVuved by code. Lot coverage is increased to5O96, resulting in potential loss of
landscaping.
30
Our code states that URis designed 1oaotas a transition zone between the high density central
business district and surrounding medium-high density residential districts. {)R zone isnot
supported here �n this low-density R1 and R2 residential zone.
The current Land Use Plan adopted by the 20,30 Comprehensive Plan recommends that this
area remain residential by adopting the recommendation of Two-family Residential. It does not
support Office Residential.
The Strategic Plan supports the implementation ofthe Comprehensive Plan and encourages
bringing the Zoning Map into conformance with the Land Use Plan. It does not support Office
Residential.
A previous attempt to rezone this area to Urban Residential failed due to citizen support of RI
R2.
U urge the Commissioners to deny this commercial rezone,
Thank you for your consideration.
Carol Griswold
And Bacon
From: Nelsen <nelsen@gci.net>
Sent: Monday, July 29, 2019 7.00 AM
To: Andy Bacon
Subject: Resolution 2'019-013
Follow Up Flag® Follow up
Flag Status: Flagged
Hello, I am opposing the rezoning of West half of Federal addition of blocks 7,14 and 17 except lot 7-8 block 17 from
single family residential (Rl) and two family (112)to Office residential (OR). Seward already has a housing shortage aind
this plan doesn't make any sense. Why is lot 7-8 block 17 being excluded from the rezoning?
Mike Nelsen
614 second Ave
Seward,Alaska 99664
****is***************k k*****************r***is*****
This E-Mail transmission (and/or the documents accompanying it9
may contain information belonging to the sender which is confidential,
privileged and/or exempt from disclosure under applicable law. The
information is intended only for the use of the individual(s) or entity
named above, if you are not the intended recipient, you are hereby
notified that any disclosure, copying, dIrstribution or the taking of any
action in reliance on the contents of this information is strictly
prohibited, if you have received this E-Mail transmission in error,
please immediately notify us by return E-Mail or telephone to arrange
for- return of its contents including any documents.
�SpatLi
Phish[/Fraud
Not )Ani
tggt GViQ1,!S VOt'_ELL_
132
And Bacon
From: Nelsen <nelsen@gci.net>
Sent: Wednesday, July 31, 2019 1:35 PM
To: Andy Bacon
Cc: nelsen@gci.net
Subject: Opposed to Rezone
Dear Andy Bacon,
I am a 30 year resident of Second and A street.
I am very opposed to the rezone and want Second Avenue to remain Residential 1 or R2, not Office Residential.
We love this neighborhood. Please preserve it for our children/grandchildren to enjoy.
Kindest Regards,
Mary Nelsen
614 Second/A Street
Seward, AK.
This I,-Mail. transmission (and/or the doctimerfts accortpariying it)
may contain info--rm.ation belonging to the sender which is cDrifident:Lal,
privileged. and/or exempt from disc.losure under applic-,able Law. The
informata.on is intended only for the use of the in.dividual(s) or entity
named above. If You are not the intended recipient, you are hereby
notified that any disclosure, copying, distribution or the taking of any
action in reliance on the conLeriLs of this information is strictly
prohibited. if you havo received this E-Mail -tran-smiss.aLon in
please irrunediately notify us by return or telephone to arrange
for return of its contenLs including any documents.
5,12ani
Phish/Fraud,
N_QLTaM_
Forget previou.svole
33
UCA Y\
Jacide Wilde
From: jj <marple21@yahoo,corn> elly Of SeWatd
Sent: Tuesday,August 06,2019 9:50 AM
To: Jackie Wilde AUG 0 8) 20 19
Subject: Zoning Meeting 8-6-19 COMMU*Developole,
Ms. Wilde,
I am the homeowner at 1007 2nd Ave. I am unable to be at the meeting this evening because I am out of
town. However, I would like to give my input on two of the issues to be addressed this evening.
1. 1 am in support of the resolution to rezone the proposed area on 2nd awe to OR. My understanding is that
this would allow B &B's, art studios and other low impact businesses to operate,. I would like to request that
my property be added to the resolution,
2. 1 have been impacted by the employees of Liquid Adventures parking in the surrounding neighborhood
because the owners have not made accommodations for than to park at the business. It is any understanding
that the owners have not been receptive when this issue has been brought to their attention, to include the
Seward Police Department who contacted them per my request. If the owners are not interested in being good
neighbors I support not renewing their license to operate.
Feel free to contact me for clarification.
Respectfully,
Julie Shank
907-491-5015
Sent from Yahoo Mail for iPhone,
5IM-11-11
PhishlFraud
Not sp4in
E'orprev�ot�s vote
34
Callie Bacon
321 Sixth Ave. city o�f eiewanl
Seward, AK 99664,
AM 0 6 2019
August 6"", 2019 Conimunjily Devefop1j)ept
Dear Commissioners,
Thank you for taking the time to consider my comments regarding Resolution 2019-13
brought before you at tonight's meeting.
I attended the meeting in July 2016 when you previously considered re-zoning a portion
of Block 17 to Auto Commercial. Many neighbors and fellow community members
attended that meeting and spoke in opposition to the rezone. Ultimately, your
commission voted to oppose that action. I am disappointed to see a very similar rezone
of these areas on your agenda, again. It is frustrating that community members must
show up to oppose an action that they have already spoken out against. It is summer
and people are busy. I cannot attend tonight"s meeting so I wanted to share my input
here. I urge you to oppose the rezone of Blocks 17, 1.4 and 7 from 111/132 to Office
Residential,
I oppose this rezone for two reasons. First, this rezone is not aligned with Seward's
future land use map. Second, this rezone will further strain our already tight year-round
housing stock by allowing vacation rentals where they are currently not allowed.
This rezone is not aligned with the City of Seward's comprehensive plan, In the future
land use map this area is to be zoned R2. I attended P&Z work sessions in 2017 as the
City updated its,comprehensive plan,. In these meetings we reviewed the future land
use map--this map is the result of thoughtful discussion and deliberation by our
community about what our neighborhoods and City should look like in the future.
Although there were not many changes made to the map in 2017, there was consensus
among participants that this map reflected the will of our community. it is
inappropriate to make zoning changes,that are not supported by this map and it would
set a bad precedence for this commission. What is the purpose of a future land use
map, if not to inform decisions like these?
While some may argue that they want to change the zoning to better align our zoning
map with "actual" land use-_This argument does not hold water. Blocks 17, 14, and 7
are a primarily residential neighborhood —there are no, "offices" within the area to be
35
rezoned and all but one of the properties that are in the proposed rezone area would
comply with the R2 zoning recommended in the future land use rnap, [would support
rezoninig this area to R .
We must acknowledge that what the Office Residential zoning allows that the R1/R2
zonings do not is nightly vacation rentals. Those in favor of this rezone may toe around
that issue, but the fact is that nightly vacation rentals have been at the heart of every
recent rezone attempt on Second Avenue.
If you allow this rezone because "it is the will of the property owners"or because "being
near AVTEC, the neighborhood isn't all that residential anyway', other property owners
will take note, We will see more pressure on this commission to rezone other R1/132
areas to more permissive zonings - zonings that allow nightly vacation rentals.
Where nightly rentals are allowed downtown, they are growing in number year after
year. As a Realtor, I hear from a iot of buyers looking to invest in vacation rentals in
downtown Seward. Based on my knowledge of Seward's real estate market, I am
confident that if these areas are rezoned to allow nightly vacation rentals, we will see
new nightly vacation rentals appear within this area.
In my position, I also hear from a lot of local home buyers who want to live downtown,,
These community members love downtown living for the same rea,sonis tourists do-the
proximity to parks and restaurants, the walkability and the small-town feel. There is
only so much real estate downtown-and downtown Seward isn't getting any bigger! It
comes down to what type of City we want Seward to be moving forward-I want to see
our community foster a thriving tourism economy while still maintaining a high quality
of life for our re,sidents. I am concerned that opening additional areas of downtown up
to nightly vacation rentals will further stress our already tight year-round housing stock
and will hurt the quality of life in our community.
Please vote in opposition this resolution.
Thank you,
Caillie Bacon
36
6 FouR
SEASONS city of")'Owara
MARINE AUG' 0 0' 20 19
5'Ei RVI C E S C'Onlmunfty Devploprnent
600 Port Av(mtio
110 Box 2127
Seward, AK 9966d
August 5'h, 2019
.Jackie Wilde
Seward Planning and Zoning Commission
c/o Community Development
PO Box 167
Seward,AK 99664
Dear Ms. Wilde,
As you are aware, our corporation, PMJR,owns the 12-Plex crew housing located at 203 D Street
which is immediately adjacent to the area,of discussion.
We fully support and are very much in favor of the proposed rezoning effort.
Seward is experiencing a severe housing crisis. Rezoning this area will allow the owners of the
properties greater flexibility to develop higher density housing options thereby increasing
options to seasonal workers and year-round residents.
This area is walkable to most of the AVTEC campuses, Providence Medical Center and City
Offices. increasing the housing options and aivailability in this neighborhood only makes,sense,
Rezoning will also allow for certaiin small scale retail and office development opportunities.As it
stands, there are already vacancies available for office,and retail spaces in higher traffic areas
throughout Seward so it is,our belief that most of the new development will be done to ease the
hauling crisis.
1"hank you for your help on this
Sincerely,
Tom Tougas
President--Four Seasons M6ino Services
37
R, ECEIVED
OW
August 6, 2019 10
Re: Resolution 2019-013
Dear Planning and Zoning Commissioners and Seward City Council,
I am a property owner within 300 feet of the property which has a request for a re-zone to Office
Residential. I support the request.
Todd Schroder
Terry's Tires
38
Jackie Wilde
From: Bob Candopoulos <bob@fathom646.corn> CItY of Seward
Sent: Monday, August 05, 2019 9:14 PM
'ro: Jackie Wilde AUG 0 6 2019
Subject. Resolution 2019-913
Cornrnunity
Dear Planning and Zoning Commission,
I understand that there will be a meeting tomorrow to discuss and maybe decide whether or not to approve the
request brought by Cindy Ecklund to rezone her property frorn R I to OR(Office l Residential). Unfortunately, I
will not be able to attend this,meeting.
As a property owner within 300 feet of the rezoning request property, I am in full support of Resolution 2019,-
013.
'rhant YOU for your time,
Capt. Bob Candopoulos
Cell: 907-240-8587
saitwatersafari.com
any
Phish/Fraud
Not soam
For et ram(Lis 'aQtq
39
PLANNING&ZONING COMMISSION MEETING
Meeting Date: August 6, 2019
Verbatim Transcript
LIST OF NAMES
FLEMING =Martha Fleming
SEESE= Gary Seese
SWANN = Tom Swann
HATFIELD =Kelli Hatfield
AMBROSIANI= Craig Ambrosiam
WILDE= Jackie Wilde
BACON=Andy Bacon
CHASTAIN=Brad Chastain
GRISWOLD = Carol Griswold
LANCE= Todd Lance
LOW=Jay Low
STREW=David Strew
SWIDERSKI= Susan Swiderski
UNKNOWN = Citizen that voiced was not recognized
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PLANNING&ZONING COMMISSION MEETING
Meeting Date: August 6, 2019
Verbatim Transcript
1 15:50: FLEMING: The new business items requiring public hearing is number one,
2 Resolution 2019-13.
3 WILDE: And so, Resolution 2019-013 is, uh, the Seward Planning & Zoning
4 Commission recommending the City Council approval of rezoning of the west half of
5 federal addition blocks 7, 14, and 17, except lot 7 through 8, block 17 from single family
6 resident RI to two family, and to family resident R2, to office residential OR.
7 Administrative report?
8 FLEMING: Yes.
9 WILDE: May I have the Administrative Report?
10 FLEMING: I was getting there.
11 WILDE: So, um, as stated in the resolution title, this is brought forward by, uh,
12 property owner Cindy Ecklund. Uh, the permit and the request for the rezone included
13 over fifty percent of the property owners in the area to amend this. Uh,just to give some
14 zoning history, um, we do have it in the agenda statement but I like to just give a little bit
15 of background. Um, throughout the years, based from 1978 to 2017, of course, this area
16 has been reviewed and looked at. In 1978, the borough, which held the permitting and the
17 zoning, required that it be R1 and then over the years, uh, we, the city, have delegated
18 sections of the land use to RI, R2, and R3 zoning. And then, um, we've also approved a
19 future land use map and that future land use map is something that is always changing.
20 Yes, it's a great guide for us but it doesn't hold us or anyone to making that be the set.
21 It's what we would like to see, not what we're requiring. We go by our land use as it is
22 right now, giving the ability for, um, citizens to come in and do the rezone. And then, um,
23 one of the surrounding areas,just so everyone knows this, surrounding zoning, the office
24 residential, is intended to provide a medium density of residential and office
25 development, designed to act as a transition zone between the high density central
26 business areas and the surrounding medium density, um, office or residential districts.
27 The adjoining properties to the east of this request, um, are subject to zoning and are
28 zoned auto commercial and are developed with a mix of residential and commercial
29 structures. Properties to the west are zoned institutional and urban residential and
30 including, they include AVTEC and residential homes. The properties to the north are
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PLANNING&ZONING COMMISSION MEETING
Meeting Date: August 6, 2019
Verbatim Transcript
1 zoned auto commercial and it includes a bunk house for seasonal employees. And the
2 properties to the south are zoned single-family residents, include single-family homes.
3 Uh, the property that was rezoned for bunk house was done in 2016, I think. I'm sorry. In
4 2016, that was amended to change it from its current use, or its use to um, auto
5 commercial. We, um, had no, um, as for comments, just at the time, we noticed people
6 within or property owners within three hundred feet. At the time of the publication of the
7 packet, we, uh, had four comments. Um, one comment in support, three in objection. And
8 as tonight, we've provided the commission with laydowns of an additional five letters.
9 Four of them are in support and one is in objection to it.
10 FLEMING: Thank you. I'll open up, uh,the public hearing. This time is limited to
11 five minutes. Those who have signed up will be the first given the opportunity to speak.
12 Is anyone signed up?
13 BACON: Yes, madam chair. First signed in is Brad Chastain.
14 FLEMING: Okay. Brad, you want to come up? And say your name again,just for
15 the record, and then.
16 CHASTAIN: My name is Brad Chastain and I'm a resident inside the city limits.
17 And since I'm down in Seward on this lovely south pacific evening, I'm gonna try to act
18 like a member of the community. I read my entire packet and so, I became interested in
19 this issue and I thought I should speak to it. I think it directly relates to the issue I spoke
20 to already. Um, first of all, I think any change in zoning, um, moves us one step closer to
21 more commercial activity. It's just gonna put pressure on the second avenue
22 neighborhood. When I think of a neighborhood, and and I know a lot about Seward
23 history but the way this town is laid out, to me, Second Avenue is an east/west side
24 neighborhood. It's not, there's no buffer on one side of the road to a buffer to another
25 zoning on the other side of the road. Now, I I have no expertise in zoning. So maybe I
26 don't know what I'm talking about, but I'm trying to find the logic in this particular
27 resolution and this, um, this application that's made, uh, in the resolution that's, uh, has
28 been drafted out of it. And um, I can't see it. So, firstly, I just don't want to see any more
29 encouragement to the residential neighborhood because I think we've got to try to
30 preserve that. But the second thing is I'm lost, and I read for a living and I write for a
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Verbatim Transcript
1 living, and I'm absolutely lost as to what is the impetus for this zoning change. And it
2 might be flying right over my head but the only thing I could find is in Ms. Ecklund's
3 letter, the last paragraph that ,um, the areas surrounded by other zoning, if I was ever
4 gonna sell my property, it would be a misnomer to say it was RI or R2 zoned. I'm
5 inferring that means it's of lesser value that could be of greater value if the zoning was
6 changed. And I don't think that is the right driver for, uh, this kind of zoning change. Um,
7 if it if it's indeed the case. Now, I don't have the back story. I wasn't able to talk to
8 anybody in detail on this. But um, what I would say is if the impetus of rezoning, um, for
9 folks coming in front of the body is to increase their property value, then you're gonna
10 have a long line of folks, like myself, who want to get my lot zoned to commercial or
11 something more flexible to increase the property value. And, um, we'll have a
12 commercial town at the end of the day, which probably won't fit with the goals of the
13 community and the overall master plan. So, thank you for listening to my comments on
14 that topic. As thin as my knowledge is, it's as deep as this packet runs. Thank you.
15 SEESE: Thank you.
16 BACON: Next signed in, Carol Griswold.
17 GRISWOLD: Carol Griswold, city limits. I stand before you once again in
18 defense of our residential neighborhoods. It seems like we have to keep defending our
19 residential neighborhoods. They're extremely valuable. This is why people like to come
20 to Seward. They like the quiet neighborhoods. Now that we have B & Bs in our
21 residential neighborhoods, what are they advertised? Quiet neighborhood, friendly
22 neighbors. You know, it's an asset to our community to have residences. And when I
23 walk on the street, that section, every day with my dogs, that's how I notice the Texas
24 and Maine license plates but anyway, um, I love that street and if I choose to walk on
25 Third for some reason, it's noisy, it's congested, and it's a huge difference. When I ride
26 my bike around town, I'm leaving my quiet residential neighborhood and I'm going to
27 commercial zones. It's noisy, it's congested, and I feel so grateful to get back to Second
28 and First Avenue, where there are no residences. I know a lot of the neighbors. We know
29 their dogs. We take care of each other. And for this to be zoned into a commercial,
30 primarily commercial zone, office residential, I I listed all of the possibilities that can
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PLANNING&ZONING COMMISSION MEETING
Meeting Date: August 6, 2019
Verbatim Transcript
1 happen in that zone. And I hope you read it. It's on page, um, 20 of your packet. It's a
2 whole list of stuff that's not compatible with people living there with their kids and their
3 family, grandkids going to play in the street and across the street. It's a beautiful street
4 and I disagree that this office residential zone, which is red along Third. That is the, in
5 fact, Community Development when they rezoned the bunk house, Community
6 Development did not support that rezone. So, now we're seeing this cancer spreading.
7 And once you give up that to an office residential, the next block can go commercial and
8 it just spreads and spreads until we have no place that people wanna live. There's so
9 many kids. When I walk around there, I see kids practicing on their little bikes going
10 down the hill. They're on their skateboards practicing. They can't do that on Third
11 Avenue, Fourth Avenue, Ballaine. It's dangerous. It's a place for kids and people and to
12 turn this into a a commercial zone. We have that salmon stream right across the street.
13 That urban residential zone that's so plain on the map, that's way up on top, you know,
14 it's really not part of this ecosystem. So, I think chip by chip, block by block, house by
15 house, you have a big responsibility on how we envision Seward. And this is our chance
16 to say no. We want to keep and value our residences. They go from all the way from
17 Dairy Hill, Chamberlain, Second all the way down to the end at Washington. It's all
18 mostly homes. This is where people live. This is where people like the low-density
19 neighborhood where they can have a little sanctuary from the craziness that happens in
20 our Seward town. So, I urge you to say no. Thank you.
21 FLEMING: Anybody else?
22 BACON: Next signed in is Todd Lance.
23 LANCE: Uh, I'm gonna, uh, say no I'm not gonna comment anything because I
24 need to read this. I would be wasting people's time if I was asking more questions.
25 BACON: Thank you. Next signed in is Jay Love.
26 FLEMING: Is anyone signed in that looks like Jay Low. Their signature might be
27 similar.
28 WILDE: Jay Low?
29 BACON: Alright, there he is.
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PLANNING&ZONING COMMISSION MEETING
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Verbatim Transcript
1 LOW: I'm sorry. I didn't hear. Um, I just, uh, wanted to speak to behalf of the
2 resolution.
3 WILDE: We need him to state his name and where...
4 FLEMING: Name and where you live? Could you say your name?
5 WILDE: Say name.
6 LOWE: Yes, yes, Jay Low L-O-W and I live at 810, um, Second Avenue. And,
7 uh, I'm in favor of the rezoning to office residential. Um, it seems like a logical, um,
8 transition. It's what is more, uh, in common with the area now. And, uh, well, it's, uh, it
9 gives a little more flexibility. Not that we are affected by it but, uh, I think it it will, uh,
10 give more flexibility. So, I'm in favor of the resolution.
11 FLEMING: Next.
12 BACON: Next signed in is David, sorry if I, Strew? Streeve?
13 STREW: Strew.
14 BACON: Strew?
15 STREW: David Strew.
16 STREW: My name is David Strew. I live in town. How do you do? This came up
17 a couple years ago. I try to get to go to office or commercial, whatever the the big one
18 because I couldn't, I didn't realize the the parameters of it all and without the the help of
19 my other neighbors, Carol and so forth, I wasn't able to, I was kind of boxed into into
20 that zoned commercial. Um, I'm way in favor of it. You walk through town and you can
21 see the the towns that are owned by bed and breakfasts and so forth, they're beautiful.
22 They're remodeled. They're they're well kept, painted, lawns trimmed. There's no
23 dilapidated cars, run down doors. People are trying to improve. People who invest in this
24 town are trying to improve this town. And people, we are a tourist town. We're a tourist
25 town. That's the blood, that's the money that runs this town. And there's a demand for
26 tourism. There's a demand for housing of them. Uh, I own a house and on 906 Second
27 Street, that was embarrassing. It it looks like I I moved it from Detroit. But when I heard
28 Carol was, I had no no motivation after being denied last time to invest in it and there it
29 sat, boarded up, dilapidated. I don't look at it. I live on an alley. I'm surrounded by
30 commercial. I've got a bunk house to the left of me, I've got a bunk house over there,
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PLANNING&ZONING COMMISSION MEETING
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Verbatim Transcript
1 I've got, you know, we're surrounded. This is ideal. The, uh, if by definition it's a
2 transition from commercial to residential. That's what we're trying to do. All I want to do
3 is a bed and breakfast. I'm not gonna turn this, I'm not gonna rent to renters. I don't like
4 renters. They they, it's it's a nightmare for the owner. It's not worth the money. It's not.
5 But if I have an opportunity to to to to turn a profit and make something, I'll invest in it,
6 like I've already started to. If you drop by now, new doors, new windows, paint job,
7 flower growing, I'm gonna put a flower box in. I'm investing in it. I'm wanting proof that
8 I'm making something look nice. It's it's and it's not like I'm gonna knock it down and
9 build a gas station, people, and neither are my neighbors. Soo Kang, she just wants to get
10 a bed and breakfast. My other neighbor, he he's just happy to be there. Um, she asked to
11 be grandfathered in, um, on her on her property if she doesn't have renters there for a
12 year. She she goes back to R1, she can't have anybody renting it at all. It makes sense.
13 You know, if you look at the sections of town that are improving and increasing in value,
14 they're they're the ones that have the commercial zoning. That's where people are
15 investing. That, those are the property values that are increasing. It's not gonna change
16 the neighborhood. We're gonna beautify the neighborhood. I'm going to. That's what I'm
17 trying to do. And I need your support to do that. We're not going to change the
18 community. We're not going, yeah, I'm not gonna put a car dealership or anything in
19 there. I mean Christ, I don't know what these people are worried about. But I need your
20 help and you're not going to create, I don't know. It's it's the investment that I see that's
21 improving the town. The the people that are turning their homes into a bed and breakfast,
22 those are the beautiful homes. Yeah, Second Street is quiet and it's gonna stay that way.
23 We're not a Third Avenue, we're not a Fourth Avenue, we're not a main drag avenue.
24 It's not gonna change. We just we just wanna be able to make a little business, maybe
25 hire somebody and and turn a profit and beautify it. And Soo, look at what she's done to
26 her farm, her house, she does a B & B. She takes time, pride, and and joy in that. It's a
27 beautiful house. And like I said, I will continue to improve my house if I, uh, have a
28 reason to invest in it. Otherwise, I'm, you know, what's my motivation? Why fix up a
29 house to have a renter come in, trash it, and then make three thousand dollars in the
30 summer and have them leave in the in the fall? You know, you're trying to create
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PLANNING&ZONING COMMISSION MEETING
Meeting Date: August 6, 2019
Verbatim Transcript
1 residents but that's not how you do it. You know, these people are transient. They come
2 in for the summer and then, they make their money and they go back to their to their
3 college or to wherever they come from for the summer jobs. So, I think it makes sense.
4 By definition, this is transitioning from auto commercial to residential, and that's what
5 we are. Look around, look around my neighborhood and you'll see commercial
6 everywhere. And this is the transition and this is what it's for. Thank you for your time.
7 FLEMING: Next?
8 BACON: Madam Chair, we have no one else signed in.
9 FLEMING: Anybody else who'd like to speak? Susan.
10 SWIDERSKL My name is Susan Swiderski. I'm at 704 Second Avenue. Um,
11 there's, uh, I'm in favor of the change. Um, there's a huge commercial building going in
12 directly behind my home. There's a bunk house right next door to my home. I have not
13 done a lot of improvements to my home but I'd like to but I agree with the last
14 gentleman. There's no incentive right now for me to do in in that regard. Um, I would
15 like to have an apartment, I mean apartment room, in my home that I can rent out to
16 somebody. I I differ with the last speaker that I think an apartment or a bed and breakfast
17 is a positive thing because you're still providing a service and it can still be taken care of.
18 I live in that home. Um, right now, I could not rent an apartment to anybody, uh, other
19 than a family member. Um, so, I would like it changed. Um, I think it too would beautify
20 the my neighborhood, and it would make, um, it more comfortable where we live. I don't
21 think it has to destroy the neighborhood. I think it's already encroaching greatly. So, um,
22 these homes that are there need to be allowed to make these kinds of improvements. So,
23 um, I'm in favor of it.
24 FLEMING: Thank you. Would anybody else like to speak on this topic'? Seeing
25 none, we will close citizen comments.
26 SWAN: I'd like to make a motion that we approve Resolution 2019-013.
27 FLEMING: Is there a second?
28 HATFIELD: Second.
29 BACON: The motion was made by Commissioner Swann and seconded by
30 Hatfield.
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PLANNING&ZONING COMMISSION MEETING
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Verbatim Transcript
1 FLEMING: Okay. Let's discuss. What would you? Want to go first?
2 AMBROSIANI: I'll let someone else start. Or actually, I've got a question for
3 Administration, madam Chair. Um, how many property owners were notified? We
4 notified property owners within three hundred feet of the change? From my experience,
5 the letter that goes out pretty much says if you agree, you don't need to do anything. If
6 you disagree, you need to make a comment. Now, I don't think it's spelled out exactly
7 that way but that was my impression about the letter that went out. So my question is how
8 many people got that letter, approximately?
9 WILDE: Sorry,just a second. I got to open it up and find it.
10 FLEMING: Anybody have something to say while she's looking or not?
11 HATFIELD: Uh, I would like to take this opportunity to, I think, clear up a
12 misunderstanding. Correct me if I'm wrong. My understanding is if you are in zone
13 single-family residential and you're living in your house and it's your primary residence,
14 you can still rent a portion of your house as a B & B. Is that right?
15 BACON: Um, Commissioner Hatfield through the Chair, um, you are allowed to
16 build a efficiency dwelling unit within your main house and the definition of the
17 efficiency dwelling unit is that it has to have a combined living and cooking and sleeping
18 area and then, a separate bathroom, of course, but, um, that dwelling type is listed in our
19 code definitions. It's allowed outright in R1 with a building permit.
20 HATFIELD: So, Mrs. Swiderski could have an apartment in her home and rent
21 that out'? Or it has can only be for family'?
22 BACON: Through the Chair, no, that's correct. You can rent it out to a third
23 party.
24 SWANN: Same thing with B & B. B & Bs are allowed outright in RE
25 HATFIELD: As long as it's only fifty percent of the house and it's owner-
26 occupied. So, people who are thinking that they own their homes in Rl, you can if you
27 have a four-bedroom home and you live in the home, you can rent two rooms out as a B
28 &B.
29 WILDE: Fifty percent of the rooms, thirty percent of the overall.
30 HATFIELD: Of the area, yes.
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PLANNING&ZONING COMMISSION MEETING
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Verbatim Transcript
1 WILDE: Of the area.
2 SWANN: But if you have five rooms, then you can rent three of them as a B &B.
3 BACON: Through the Chair, uh, Commissioner Swann. Two rooms.
4 WILDE: No. Two rooms.
5 SWANN: It's good we have gone through this. I'd like to clarify that. We, uh,
6 BACON: Under fifty percent.
7 SWANN: We've gone through it. It was fifty percent but if it was over, we have
8 been through this before. So if you have five rooms, you can do three of them as a B & B
9 from my understanding in our discussions earlier.
10 WILDE: No. The way that we review it is it's fifty percent. So, if you come in
11 and say you have five rooms and you're renting out three, we are going to go back and
12 tell you that you can rent out two of them and that is how I've been doing it for the last
13 three years.
14 SWANN: Right, correct.
15 WILDE: I'm just
16 SWANN: But the clarification was in, um,
17 HATFIELD: Was in Harwin
18 SWANN: Chair Har-, uh, Hatfield came up with the same thing I was gonna ask. I
19 was gonna ask the exact same question. Apartments and B & Bs or an apartment within
20 the house, essentially an apartment but it's a living space, within the house.
21 WILDE: Yes.
22 SWANN: And B & Bs are allowed outright in R1.
23 HATFIELD: As long as it's owner occupied.
24 WILDE: Commission, Chair, or, uh, Swann and Hatfield, yes, um, because we've
25 changed the development requirements, we changed that from being a mother-in-law's
26 quarters to being a studio apartment, if it's under so many square feet.
27 SWANN: Right.
28 WILDE: And we've also, um, you know, they would if they're putting in an
29 apartment, they would have to meet the building requirements.
30 SWANN: Correct.
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PLANNING&ZONING COMMISSION MEETING
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Verbatim Transcript
1 WILDE: But as a B & B, you could rent your room and meet the requirements for
2 life safety. You know, if you're not, you're just having a bedroom that you're renting out,
3 you could do that by permit. And then, just to answer Commissioner Ambrosiani's, we
4 sent out fifty-nine letters regarding for this rezone.
5 BACON: Madam Chair, Commissioner Ambrostani, through the Chair, I wanna
6 elaborate on the content of the letters and and what the letter says. Notice of public
7 hearing, the date and time of the public hearing, it has the title of the resolution and then
8 it says under it you are being sent, you are being notified about this public hearing
9 because you own or have interest in property within three hundred, uh, three hundred feet
10 of the area. Um, and then, yeah, the information for where the hearing is. It doesn't
11 suggest any action to be taken on on whoever received that letter and it's, uh, pure purely
12 a notification.
13 AMBROSIANI: So, fifty-nine people were notified and we've received
14 comments back from eight?
15 WILDE: No, we've received a total of ten comments as of today.
16 HATFIELD: Plus five that spoke.
17 WILDE: And then, the people that spoke.
18 FLEMING: Anybody? Do you have anything to add to the discussion, Gary?
19 SEESE: I have a lot to add to it but I don't, uh, want to do it.
20 FLEMING: Well this is, uh, I mean this is definitely contentious. Um, and, I'm
21 someone who hates conflict. Uh, I do want I want to hear what people think.
22 SEESE: Okay.
23 FLEMING: I have to admit, for me, I've been both sides,back and forth, flip flop,
24 over and over. Um, I wish Cindy was here, because I think she can speak to it the best
25 because she's been on P & Z, she's been on zonings. She understands the codes and what
26 it means. Um, I I think everybody that's within it wants it. I didn't get any negative from
27 the people that are within that within that zoning, which always makes me think, well it's
28 their, they've owned the property,they've been there, it's really up to them. But I'm also,
29 uh, a Second Avenue walker, all the time, and I understand the conflict of of of the fact
30 that we have it's getting busier. Um, the one side of the the other side of their, the Third
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PLANNING&ZONING COMMISSION MEETING
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Verbatim Transcript
1 Ave. side of the alley is used a huge amount. It is already very very busy. So, they don't
2 even have a regular, um, alley way, like the quiet alley way that everyone else has.
3 There's no raspberries there. You know what I mean? It's it's full of cars going back and
4 forth. You can't walk on that alley way, because their businesses go in and out from that
5 side. So because of that, I think it's a little different than the rest of the the the the, uh,
6 Second Avenue. Um, because I think they already are auto commercial except in name.
7 You know what I mean? It's, they're not auto commercial but whatever the next one is,
8 urban, residential, I think they are just, they're they're sitting in R1 and R2, but they are
9 not R1 and R2 because of what's all around them. Um, so one way says, so so I would
10 vote for the change but I also see the other side and so, I kind of wanted you guys to to
11 help me speak. I mean help me, because I really am a flip-flop on this one, um, over and
12 over. So.
13 AMBROSIANL I'll speak. I'm, at this point in time, against this resolution. Uh,
14 one, um, when people talk about property values, everybody that purchased their
15 property, when they purchased, everybody on that street that purchased property
16 purchased their property knowing that on one side was office residential, on the other
17 side was industrial. It's been that way, always been that way, it's not like things have
18 changed. Just the property is now being used, uh, in a way that it was meant to be used.
19 Um, there are other properties. We have some, um, rural residential up on the hill side on
20 the other side that hasn't been developed yet. We have people down the street on each
21 side. I think that when you develop this into, um, commercial property, it doesn't just
22 increase the usage right on that street. It affects it all the way up and down the street, um,
23 which we're already seeing in other areas. So, um, this has been an area that we've been
24 working with, um, with this group that we're we've been working very hard to protect
25 our R1 areas. Um, I was looking at most of the comments that I read, you know, people
26 are talking about being able to put in they want to be able to put in an apartment. Well,
27 you can. I would like to do a B & B. You can. Then some people said, "I'm in favor of it
28 but I really don't like the traffic of down the street". So, I'm gonna throw that comment
29 and say actually that's a negative comment, not a positive one because you're really just
30 taking this area and saying I'm gonna create the same problem for the next block. And
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PLANNING&ZONING COMMISSION MEETING
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Verbatim Transcript
1 our group we're not looking about what's good for right this year, five years. Our
2 responsibility is what's going to be best for this town in fifty years. What we change now
3 affects us years and years into the future. The one direction we can have we've been
4 working very digitally diligently to protect our R1 and R2 areas and um, I do believe that
5 this area we had a couple pieces of property change which, uh, if I was on P & Z at the
6 time, I would have, uh, I would be against that. Um, and, uh, so, yeah, I mean that's I
7 guess I guess that's my feeling on it. Um, we have a strategic plan and, um, when I see
8 evidence, when the whole community comes around and says hey, our strategic plan is
9 that we would like to see the entire area south of the harbor develop higher, wider, denser
10 because we don't have room to expand in other areas, then I could see an area when this
11 R1 area might be compromised. But, you know, we've just gone through a Master Plan
12 like five years ago and at that time, it was developed that this area here should be
13 maintained RI and, uh, maintained a residential area and so, um, anyway, that's my
14 feeling.
15 FLEMING: Thank you.
16 WILDE: Madam Chair, can I just say one thing'? Um, if you look at the map
17 behind you, we keep saying that the property behind it is office residential. It is not. It's
18 auto commercial.
19 SWANN: Thank you.
20 WILDE: That's the red on there. I don't want, you know, the brown on the map is
21 office residential. So, I just don't want to continue with the the process. So.
22 SWANN: Thank you.
23 WILDE: Yes.
24 UNKNOWN: Can a person ask a question, or is that all over?
25 FLEMING: It's over. Sorry.
26 HATFIELD: Um, I guess I'm a little bit confused. Well, I think it's ironic that
27 we're dealing with a discussion on parking in that exact same area and changing thirteen
28 properties into much higher density. If you have the opportunity to put I mean this will
29 give everyone in those properties an opportunity to turn into a B & B or office buildings,
30 somewhere that has a lot of traffic, a lot of parking coming and going, there's gonna be a
52
PLANNING&ZONING COMMISSION MEETING
Meeting Date: August 6, 2019
Verbatim Transcript
1 lot of street space taken up by cars. If you have a four-bedroom house, it can all of a
2 sudden be rented out to eight people. You've got at least four more cars on that one house
3 instead of, you know, just a family. Um, I'm a little confused as to why we're jumping
4 from R1 and R2 to office residential. I would more more likely support moving into what
5 the comprehensive plan, um, suggests, which is R2, which makes it a little bit more high
6 density. I would rather go to that step first and see how does that affect the neighborhood
7 making, you know, everybody feel to have, what is it...up to two units or three units?,
8 two units on their property to before we make it so that people can put in full, you know,
9 up to five rooms in B & Bs. Um, yeah, I think that it's not gonna solve the parking
10 problem that we have now as it is.
11 AMBROSIANI: Could I respond again?
12 FLEMING: Unless somebody wants to say something first because. Is that okay'?
13 You've already had some time. I like to keep it even. Yes.
14 AMBROSIANI: Um,just a couple of comments. Um, it sounds to me, and this is
15 something we've kicked around before, and would would at some point we want to
16 consider adding nightly rentals to R1?
17 HATFIELD: You can.
18 AMBROSIANI: Nightly rentals?
19 HATFIELD: You can.
20 SWANN: The whole house.
21 AMBROSIANI: The whole house?
22 HATFIELD: No.
23 FLEMING: That's not what I would be down the line a long ways anyways.
24 That's like somebody at my house.
25 AMBROSIANI: Well, we heard we heard some concerns about all of the things
26 you can do with office residential and all the businesses you could put in. If we just said,
27 hey in R1, you can do nightly lodging, all that other stuff would go away. So, it might be
28 something we want to put on the table to, I think, I don't know...how many of the
29 thirteen?, changes would be resolved if they were able to do nightly lodging. Um, my
30 other point and, uh, Mr. Strew, David, brought up, I think he makes a really good point. I
53
PLANNING&ZONING COMMISSION MEETING
Meeting Date: August 6, 2019
Verbatim Transcript
1 have noticed that the homes that have active B & Bs and the homes that are being used
2 for nightly lodging are in have been improved. And in the corridor of the Second Avenue,
3 which I live there and I walk it quite a bit also, there are some stretches of home that
4 really could use some improvement. They've been neglected for a lot of years, and it
5 would be nice to see some kind of incentive to, you know, give them a break for five
6 years or something to make some money on those homes and fix them up because they
7 are hurting and if you want to fix Seward and make it nice fifty years from now, these
8 houses are either going to have to be torn down in the next few years or renovated and
9 used. So, I think possibly at least considering, um, you know, adding nightly rental to R1,
10 so that these homes could be improved and invested in, might be something to consider.
11 WILDE: Madam Chair, can I just, again to clarify? In RI, nightly rental is
12 allowed as an owner-occupied. What I believe Mr. Ambrosiam is requesting, that the
13 Planning & Zoning and possibly the City look at making it so that it could possibly be
14 whole house on a nightly, meaning the owner does not have to be there and they can rent
15 it as a whole house. Am I correct?
16 AMBROSIANL So what's the correct term?
17 WILDE: It's whole house on a nightly versus nightly rental,because it is allowed;
18 B & Bs are allowed as owner-occupied in R1.
19 AMBROSIANI: Correct.
20 WILDE: Yep.
21 FLEMING: Thank you. Gary, would you like to say anything?
22 SEESE: Yes, I would. I would like to speak. The gentleman way back there
23 underneath the picture was yeah,...what was your name?
24 STREW: David.
25 FLEMING: Okay, don't talk. Just continue.
26 SEESE: But I wanted him to, okay. I appreciate what David had to say. Um, we
27 came here in '07 and it's a long story but we bought a dump on Ballaine. Um, and we
28 improved it because we'd been in Europe earlier and did B & Bs and we loved the B &
29 Bs, so I bought this we bought this house and we renovated it and did landscaping and we
30 established a B & B the following year and had it for seven years and there was money to
54
PLANNING&ZONING COMMISSION MEETING
Meeting Date: August 6, 2019
Verbatim Transcript
1 be made in the B & B but I was doing all of the work and, uh, put nine hundred hours
2 into four months, uh, nine hundred hours and I'm a retired insurance agent and I could
3 make a lot more money in that nine hundred hours than I could babysitting adults. And
4 that's why we left the B & B in 2015 because it wasn't because, well it was, the money
5 was there but the it was a 24/7 operation and but we improved our home. It's 319
6 Ballaine. It's right across from the kids park, so we're familiar with skateboarders, Carol,
7 and we have, um, other people and playground people and we have tourists that walk
8 down the middle of the street. And this is Ballaine and a 25 mile per hour speed limit,
9 which it probably is on Second Avenue, as well, and there've been no kids killed, no
10 dogs or cats or birds killed. So, I don't know why I'm saying all of this. It's just that if if
11 we're AC Arizoni, so we had that already, there was already AC and that allowed us to
12 do without having to go through a bunch of Mickey Mouse but what what David was
13 saying is that, you know, if I had a better zoning, then I could improve my home and I
14 could rent it out as we've all been talking about and I think if that's the way to get
15 someone to improve their home and improve the landscape and so on, um, I I'm for it.
16 STREW: Is it too late to make a...?
17 FLEMING: Yep, it's too late for more comments. Yep. Okay. Did you
18 wanna...do you have...did I lose your train of thought? I'm sorry. I just wanted everyone
19 to have a chance to talk. Sorry.
20 SWANN: Um, I I I guess I the concept that if by rezone I'd be able to add a
21 commercial operation to my house means that I'd be able to improve it. I've been here
22 twenty years and twenty years ago, you rarely saw houses, I'm speaking to your comment
23 here, you rarely saw, people just band-aided their houses. They'd make it work a little
24 longer and twenty years ago is the first time I saw people actually pouring down
25 foundation and rebuilding and ten years ago, we saw a lot more growth and more
26 recently, the first time maybe in the last five years, I've started seeing a lot of houses
27 where they actually people are just tearing the old house out and we're seeing brand new
28 houses built all over and I know we have a comment in here about it from a real estate
29 agent and they're talking about and I know there's this huge issue about there isn't good
30 housing. So, I I'm gonna respectfully disagree with the fact that I have seen more
55
PLANNING&ZONING COMMISSION MEETING
Meeting Date: August 6, 2019
Verbatim Transcript
1 improvement in this town in the last five, ten years, houses being taken out, cleaned up,
2 and it has nothing to do with the zoning. It has to do with houses getting old, people
3 doing major renovations to bring them up and if they're bad enough, they take them out
4 completely or they rebuild it. So, I I just don't see that as a viable argument that says hey
5 if I rezone it, people will fix up the house because I'm already seeing that happening and
6 I'm just totally impressed with the development in this town and how you walk around
7 now and there's new houses all over the place, um, a couple of them. That's that part.
8 And I did lose my turn because I was just listening.
9 FLEMING: Any other comments?
10 HATFIELD: I'm always I mean part of the reason that I joined Planning &
11 Zoning was because I've been concerned about the long-term housing in Seward and I
12 know many people who can't live here year-round because they don't have an affordable
13 place to live and I've been happy to see that we changed for the better in some ways and
14 and, you know, the house on or the complex on, what is that?, Third is going to be long-
15 term houses for the nurses, which is desperately needed. Um, I think we're making some
16 moves towards that. Taking out thirteen properties that could be used as long-term year-
17 round rentals and giving them the potential to be turned into nightly rentals for renters
18 and then shuttered in the winter really concerns me.
19 SWANN: Um, um, maybe I misinterpreted. These properties would not be...oh
20 oh, you're saying because they could be they could be rented rented as full-time?
21 HATFIELD: They can be rented full-time right now.
22 SWANN: Right. Full-time. Correct. Yeah, I know, I understand what you're
23 saying. I'm following you now.
24 HATFIELD: But if they change the zoning to office residential, they have the
25 potential and not everybody may choose to do that but I feel like a lot of people have
26 commented in their notes that they wanted the option to be able to make their whole
27 house a nightly rental or a B & B or something and that will essentially take away
28 thirteen properties maximum that could be used for year-round rentals for people to stay
29 in Seward and contribute to the community on a year-round basis.
30 SWANN: Which is the current zoning.
56
PLANNING&ZONING COMMISSION MEETING
Meeting Date: August 6, 2019
Verbatim Transcript
1 AMBROSIANI: I have a counter to that too, though because, you know, it's a
2 crap shoot because you sell those thirteen properties and somebody moves in there that
3 lives out of town, leaves it vacant all winter, comes down a few weekends in the summer,
4 and you haven't improved the housing options. So, I don't think that the zoning is gonna
5 have that huge of an impact on outcome.
6 SWANN: Exactly. You can change the zoning and the exact same thing can
7 happen. And so, changing the zoning doesn't affect that. You change that zoning and the
8 same person can come down and buy that property, put their property in, develop it and
9 come down occasionally, regardless if it's R1 or so, I would say your comments is that
10 it'd be very much because if it's R1 and you can't develop it into nightly with that person
11 now, you're actually going to increase that probably with that person that does that and
12 says why don't I do nightly whole-house rental while I'm not here. So, it's you're
13 probably developing that, not limiting it.
14 FLEMING: Okay. I think we're muddying enough, personally. Um, anybody, are
15 we ready to vote or do you wanna talk more about it and figure it out? I think we might
16 be totally split, so, unfortunate, there's a lot of people here. I haven't made up my mind
17 yet. I haven't. Uh, I feel, uh, strongly in both directions, so part of me thinks that, um,
18 that it's bad timing number one. Um, because we're dealing with the parking at the same
19 time, same meeting, which which is exactly the problem, uh, with change, big change,
20 anyway. Um, I believe Cindy is correct in the fact that R1 is really not what she's in
21 when you look around her. So, I agree with changing it but I'm not sure if this is the right
22 time, um, because maybe another step could happen instead. Um, I definitely understand
23 the change. That's all I'm saying. It's fine. Call for the vote? Anybody have anything else
24 to say? No. Okay, let's call for the vote.
25 BACON: Roll call vote on Resolution 2019-013. Commissioner Hatfield?
26 HATFIELD: No.
27 BACON: Commissioner Swann?
28 SWANN: No.
29 BACON: Commissioner Seese?
30 SEESE: Yes.
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PLANNING&ZONING COMMISSION MEETING
Meeting Date: August 6, 2019
Verbatim Transcript
1 BACON: Commissioner Ambrosiam?
2 AMBROSIANI: Yes.
3 FLEMING: I knew it.
4 BACON: And um, Chair Fleming.
5 FLEMING: I'm saying no. I'll and uh, I'll say it again. It's really because I don't
6 think, I think I would have to think about this and work on it a little bit longer, maybe
7 change a few of the rules rather than change it outright. 1, um, kind of wish Cindy was
8 here, so she could speak to it better. She's not. So, there we go.
9 Ol:01:09 BACON: Okay, Resolution 2019-013 fails.
10
11
12
13
14
15
16
17
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LSponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2019-013
44
A RESOLUTION OF THE PLANNING AND ZONING CO ISSIO
THE CITY OF SEWARD, ALASKA, RECOMMENDIN ' Y COUNNC
APPROVAL, OF THE REZONING OF THE �WEST A F FEDE '
ADDITION BLOCKS 7, 14, AND 17, EXCEPI LOT, LOC FROJ*
SINGLE FAMILY RESIDENTIAL (RI) D TWO y
RESIDENTIAL (R2) TO OFFICE RESIDENT (OR
WHEREAS, the property owners of L is 7-12 Block 7-l' lock 14, and 9A-12
Block 17 have submitted an application and ing fee, requestin it lot be rezoned from
Single Family Residential (RI) and Two Residential 2 o Office Residential (OR).
and
WHEREAS, the proposed a to be amen odes thirteen (13) parcels that are
developed with residential struct s;
WHEREAS, the current zoning of els are Single Family Residential (RI) and
Two-Family Residents (R2), and the future d Use Plan map designation recommends the
parcels be rezoned to uly Residenti R2), and
"HEAS, the -,a -it*,- ode SCC §15.01.035. Amendments. (b) (3) allows the
z n cruse the area encompassed by the proposed ordinance contains
.ra atio
consi& c ks re o
Ar
?&,Or S.
, I
more tha 00000 c acr and 1V medium
S. the Office Residential (OR) district is intended to provide for
density residential, commercial and office development designed to act as a transition zone
between the high density central business district and surrounding medium-high density
residential districtsOKrid
WHEREAS, the public notification process was complied with and the appropriate
public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission
on August 6. 2019.
L
59
Seward Planning and Zoning
Resolution 2 019-0 13)
Page 2
NOW, THEREFORE, BE 11' RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Seward Planning and Zoning Commission supports the proposed zoning
change and recommends Resolution 2019-013 be forwarded to City Council for enactment as
Ordinance 2019- attached and incorporated herein by reference. #*\
Section 2. This resolution shall take effect immediately upon its p ion.
PASSED AND APPROVED by the Seward planning and Zoni om siren this J�dav of
August 2019, '�K
THE Cl OF S RD,A RA
artha Fleming, Vxchair----
AYES: Ambrosiani, Seese
NOF,S: Hatfield, Swann, Flerrung
on
its '7 P' ' 4 om sion this
4RI,VAKA
ABSENT: Charbonneau, Ecklun
ABSTAIN:
VACANT: None
ATTEST:
Brenda U� M
ity� CIL
(City Seal)
60
November 1, 2019
Brenda Ballou, City Clerk
Re: Appeal of Resolution 2019-013
To Whom It May Concern,
I object to the late appeal by the applicant of the Planning and Zoning Commission decision on
Resolution 2019-013.
I find that the applicant had more than adequate notice of the August 6 P&Z public hearing
through the initial Code petition and notification processes. As the applicant and Chair of P&Z,
she should have been aware of the decision and taken personal responsibility for timely appeal.
The City erred in delivering notification of the decision after the expiration of the 10-day appeal
window. The Code does not have any provisions for exceptions to the 10-day appeal window:
15.10.410 Appeals--Generally
(c) Time limitation. An appeal of a decision of...the Seward planning and zoning commission
must be filed within ten days of the action or determination being appealed... Computation of
the time period for filing an appeal shall commence with the date on which the action or
determination is mailed or delivered to the parties involved. Any decision not appealed within
these time limits shall become final.
The City through the city clerk stated that the applicant was notified by personal delivery on
September 13, three weeks after the 10-day appeal window expired, and claims that this date
started the time period for filing the appeal. I find the Code allows for the mailing or delivery to
the parties involved to be anywhere WITHIN the 10-day window, not outside it.
There are no limitation or restrictions defining any other time frame for delivery notification.
Could the City interpret this as permission to deliver the determination a year later? Longer?
No. Therefore, the City erred in not notifying the applicant of the P&Z Commission's decision
within the 10-day appeal window which expired August 16.
If there is a conflict in the code, the most restrictive regulation shall apply:
15.10.135 -Conflicts between codes.
Whenever there is a conflict within this chapter or with other ordinances pertaining to
regulation of property within the City, the most restrictive regulation shall apply.
There are many legal and otherwise justifiable reasons why our Code and laws nation-wide
have a limit on the appeal window including preventing surprises after time has passed;
potential loss of supporting documents, notes, phone calls, and "train of thought"; initial
interested parties no longer available or out of town; faded memories; emotional drain and
stress; and repeated significant investment of time and energy.
1
61
The Board of Adjustment hearing will be almost 3 months after the window of appeal expired.
It is not fair to the other parties to drag up this stale claim two weeks after the window of
appeal has expired. The 10-day appeal timeframe serves to encourage the claimant to act
diligently and timely, and is a fair way to allow an appeal.
I believe the applicant was heavily involved in the rezone process, was timely notified of the
public hearing by mail, through public notices and city emails, and as Chair of P&Z was
knowledgeable of Code and the appeal window. The City erred in delivering the determination
notice after the 10-day appeal window. Regardless, the applicant did not file a timely appeal
and thus the P&Z decision is final.
Thank you for your consideration,
Carol Griswold
Seward
Adequate Notice of Public Hearing Provided through the Code Petition and Notification
Processes:
Page numbers refer to the August 6, 2019 Planning and Zoning packet.
Page 4 of 133
Resolution 2019-013 fourth Whereas: "the public notification process was complied with and
the appropriate public hearing as required by Seward City Code 15.01.040 was conducted by
the Commission on August 6, 2019".
Page 10 of 113
Property owners within 300' of the affected area were notified of this proposed land use
amendment. Public notice signs were posted on each block in the area to be amended, and all
other public hearing requirements of Seward City Code 15.01.040 were complied with.
Page 15/133
Seward City Code 15.01.040 Public hearings requires that the notice shall be published at least
twice in a newspaper of general circulation within the city, during each of the two calendar
weeks prior to the public hearing date. The notice shall contain details on the proposal; the
properties involved, date, time, and place of the public hearing; person and place to contact for
more information.
A copy of the public hearing notice shall be mailed to the applicant and real property owners
within 300' of the parcels affected not less than 10 days prior to the date of the hearing.
Furthermore, the applicant shall post the property at least 10 days before the date of the
required public hearing. Before the public hearing, the applicant shall submit to the city an
affidavit affirming that the notices were posted, signed by the person who posted the notice or
caused the posting to be done.
2
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Page 16/113
June 28, 2019: The applicant paid the required fee
Page 19/113
June 28, 2019: The applicant submitted a letter to P&Z in which she stated she would not be at
the meeting.
August 6, 2019: the P&Z Commission failed the Resolution. Their decision was final and it did
not proceed to City Council. Thus, City Council did not enact it on September 9tn
September 13, 2019: City Clerk's Office personally delivered notification of determination to
applicant
October 25, 2019: Public Notice of Appeal Hearing: sent through city e-mail
November 12, 2019: Board of Adjustment hearing before City Council scheduled
3
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