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PUBLIC NOTICE
TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC PARTICIPATION AT THE SEPTEMBER 1, 2020
SEWARD PLANNING AND ZONINIG COMMISSION MEETING
The Seward Planning and Zoning Commission will hold a Regular Meeting on Tuesday, September 1,
2020. Because the City of Seward is currently experiencing a declared public health emergency due to
Coronavirus Disease 2019 ( COVID- 19), alternate methods for providing Citizen Comments and Public
Participation have been created:
How to Attend the Work Session in person:
Due to the size of the Council chambers and the required social distancing no more than 5 members of
the community can be in the room at one time with the commission. If there are more people interested
in attending in person groups of 5 will be rotated in from distanced waiting stations in the hall.
Participants will be required to wear a face covering during the meeting.
How To Virtually Attend The Meeting
1. The meeting will be Live Streamed on the City' s YouTube page. Log onto YouTube and type City of
Seward Alaska" into the search bar.
2. Watch on television. Tune into GCI Cable Channel 9.
How To Submit Your CITIZEN COMMENTS
1. Email your written Citizen Comments to planning@citvofseward.net no later than 5:00 PM on August
31, 2020. Identify whether you want your comments READ ALOUD at the meeting or EMAILED to the
commission upon receipt. Comments requested to be read aloud will be delivered verbally to council by
the planner during Citizen's Comments. In response to your email, you should expect to receive a
verification email from the planner—if you do not receive this email, please call the planner at 224-
4020.
2. If you wish to be called on the telephone during the meeting to provide your comments
telephonically, send an email request to the Planner along with your contact information to
planning@citvofseward.net, including your full name and the telephone number you wish to have
called.The planner must receive your request no later than 5:00 PM on August 31, 2020. Please be
prepared to answer your phone starting at 7:00 p.m. In response to your email, you should expect to
receive a verification email from the planner—if you do not receive this email, please call the planner at
224-4020.
All Citizen Comments will be timed and limited to three minutes. The telephone number will be called
ONE time; if there is no answer, the planner will move on to the next citizen.
Thank You For Your Cooperation!
Seward Planning & Zoning Commission
Regular Meeting
September 1, 2020 7:00 p.m. City Council Chambers
Cindy Ecklund
Chair
Term Expires 02123 1. Call to Order
Gary Seese 2, Pledge of Allegiance
Commissioner
Term Expires 02122
3. Roll Call
Tom Swann
Commissioner 4. Citizens' Comments on any subject except those items
Term Expires 02122 scheduled for public hearing. [Those who have signed in
Craig Ambrosiani will be given the first opportunity to speak. Time is limited
Commissioner to 3 minutes per speaker and 36 minutes total time for this
Term Expires 02122 agenda item]
Nathaniel Charbonneau 5. Approval of Agenda and Consent Agenda. [Approval of
Commissioner
Term Expires 02121 Consent Agenda passes all routine items indicated by
asterisk (*). Consent Agenda items are not considered
Kelli Hatfield separately unless a Commissioner so requests. In the event
Commissioner of such a request, the item is returned to the Regular
Term Expires 02121
Agenda.]
Liz DeMoss
Commissioner 6. Special Reports & Presentations
Term Expires 02123
A. City Administration Report
B. Other Reports, Announcements & Presentations-
None
Scott Meszaros
City Manager
Jackie C. Wilde
Community Development
Director
Eric Kozielski
Planner
Andy Bacon
Planning Assistant
Planning and Zoning Commission Meeting Agenda
September 1, 2020
7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the first
opportunity to speak]
A. Unfinished Business Items requiring a Public Hearing—None
B. New Business Items requiring a Public Hearing
1. Resolution 2020-10 of the Planning And Zoning Commission Of The
City Of Seward, Alaska, Recommending City Council Amend Title 15
Of Seward City Code Regarding Commercial Communications
Towers To Provide Special Provisions For Such Land Use........Page 3
8. Unfinished Business —None
9. New Business
A. Set work session topic for September 15, 2020.................................Page 19
B. Discuss scheduling biannual or quarterly joint work sessions with Historic
Preservation Commission..........................................................Page 20
C. Approval of July 21, 2020 Rescheduled Special Meeting Minutes.............Page 21
10. Informational Items and Reports (No action required)-
A. Planning and Zoning Commissioner Newsletter.....................................Page 30
B. Personal Electronic Device Use at Public Meetings.........................Page 37
C. FEMA Region X Newsletter...................................................................... Page 40
D. 2020 Planning & Zoning Meeting Schedule............................................ Page 43
E. City Calendars ........................................................................................ Page 44
11. Commission Comments
12. Citizens' Comments [Limit to 5 minutes per individual Each individual has one opportunity to
speak]
13. Commissions and Administration Response to Citizens' Comments
14. Adjournment
Planning and Zoning Commission Meeting Agenda
September 1, 2020
Sponsored by: Staff
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2020-10
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL
AMEND TITLE 15 OF SEWARD CITY CODE REGARDING
COMMERCIAL COMMUNICATIONS TOWERS TO PROVIDE
SPECIAL PROVISIONS FOR SUCH LAND USE
WHEREAS, discussion pertaining to commercial communications towers has been a
Planning and Zoning Commission priority since 2015; and
WHEREAS, review of the code pertaining to commercial communications towers is
currently a City Council approved priority for the Planning and Zoning Commission; and
WHEREAS, members of the public have requested a review and code amendments
setting communication tower development standards; and
WHEREAS, upon review staff determined it important to provide a subsection of Article
2. — District Regulations specific to Commercial Communication Towers with the intent to
provide for the purpose behind the ordinance and the special provisions for such a land use.
WHEREAS, the Planning and Zoning Commission held three (3) public work sessions
on June 16, July 21, and August 18, 2020 to discuss code provisions addressing the process and
standards for permitting of communications towers; and
WHEREAS, the Public Hearing notification process had been complied with for this
resolution.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission recommends Ordinance 2020- attached and incorporated
herein by reference, be forwarded to City Council for enactment, amending Title 15 of Seward
City Code.
Section 2. This resolution shall take effect immediately upon its adoption.
3/46
Seward Planning and Zoning Commission
Resolution 2020-10
Page 2 of 2
PASSED AND APPROVED by the Seward Planning and Zoning Commission this Pt
day of September, 2020.
THE CITY OF SEWARD
Cindy L. Ecklund, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
4/46
Sponsored by: Planning& Zoning Commission
Introduction Date:
Public Hearing Date:
Enactment Date:
CITY OF SEWARD,ALASKA
ORDINANCE 2020-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE CHAPTER 15
REGARDING COMMERCIAL COMMUNICATIONS TOWERS TO
PROVIDE SPECIAL PROVISIONS FOR SUCH LAND USE
WHEREAS, Seward City Code Title 15,provides for commercial communications towers
in the City of Seward; and
WHEREAS, Planning and Zoning Commission staff has completed a review of portions
of the City Code relating to commercial communications towers in the City of Seward; and
WHEREAS, upon review staff determined it important to provide a subsection of Article
2. —District Regulations specific to Commercial Communication Towers with the intent to provide
for the purpose behind the ordinance and the special provisions for such a land use.
WHEREAS,the Planning and Zoning Commission held three (3)public work sessions on
June 16, July 21, and August 18, 2020 to discuss code provisions addressing the process and
standards for permitting of communications towers; and
WHEREAS, at its September 1, 2020 meeting,the Planning and Zoning Commission held
a public hearing and recommended City Council approval of the proposed commercial
communication tower code amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Seward City Code Chapter 15.10 Planning and Land Use Regulations, Seward
Zoning Code is hereby amended to read as follows (added language is italicized, underlined, and
bolded;Deleted language ; st,;ev,,. th, ,,,,.h� bolded-, and ita&iE,a)
15.10.140 Definitions (b)
b. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter,
unless otherwise provided or the context otherwise requires:
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CITY OF SEWARD,ALASKA
ORDINANCE 2020-
27. Commercial Communications tower.A structure intended to support equipment used to
transmit and / or receive communication signals including monopoles. guved and lattice steel
structures. This definition does not include a tower that supports only one or more amateur radio
antennas.
15.10.226 Land uses allowed.
(f) Commereial eleetronie towers, satellite dishes and antennas are allowed in
aeeor-danee with table 15.10.225 of this ehapter- subi eet to the site being feneed
15.10.226 - Land Uses Allowed Table
(Deletions are Bold ; Additions are Bold Italic Underline
Districts: Principally Residential Principally Principally
Commercial Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Commercial -0 -0 -0 8 -8 8
Communications tower;
Eemmerc' satellite—fishes, C C C C C C
antennas less than 16 feet
diameter or 75 feet in height
Commercial C C C
Communications tower,
ceffiffiefeial s rtell}te—dishes,
;aire-less;- tow poles, n
antennas16 feet diameter or
greater than 75 feet in height
15.10.250- Commercial Communications Towers.
A. Purpose. The purpose of this section is to establish a process, rules, and standards
for the sitin,- and construction of wireless communication facilities to:
(1) Protect and promote public health, safety and welfare;
(2) Ensure that facilities are compatible with adjacent land uses;
(3) Provide guidelines for the siting and design of communication facilities
(4) Protect the City's environmental and economic resources including the
viewshed;
(5) Minimize the number of towers by encouraging the colocation of facilities
and maximizinz the use of existin,-structures;
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CITY OF SEWARD,ALASKA
ORDINANCE 2020-
(6) Provide for the ability of communications companies to enhance wireless
covers,-e and capacity services for the City's residents, businesses, and
visitors.
B. Supplemental Definitions.
(1) Total height. The distance as measured from the -round at the preexisting
natural grade to the topmost point of the entire tower and attachments.
(2) Equipment.Refers to satellite dishes, antennas, and other wireless electronics
intended to transmit and/or receive commercial communication si'-nals.
(3) Stealth facility. Any tower/facility designed to make the structure look like
somethin,- other than a wireless facility.
C. Permitting. The Plannin,- Commission may approve a conditional use permit for a
communications tower in the AC. HC, CB, I, RM, and INS zonin'-districts, subject
to the conditions in this section and sections 15.10.220, 15.10.320.
(1) The application for a conditional use permit for a communications tower shall
include the followin,-information:
(a)A written narrative explainin,-why the proposed site has been chosen, why
the communications tower is necessary, why the requested hei,-ht was chosen,
and a full explanation re,-ardin,-the communication tower's ability to
accommodate other providers; and
(b) Specifications for the communications tower and all equipment to be located
on it, includin,-a description of desi,-n characteristics and material;
(c)A site plan drawn to scale showing property boundaries, communication
tower location, communication tower hei,-ht, -uv wires and anchors and
existin,-structures and land uses on the site and on adjacent property;
(d)A map showing the locations of the applicant's existing communications
towers that serve customers within the city, the proposed new communications
tower, expected chanzes to the applicant's existin,-covers,-e and capacity
within the city, and/or other improvements to wireless service;
(e)A report prepared by a person re,-istered as a structural enzineer in Alaska
showin,-the structural capacity of the communications tower, the equipment
type and number to be installed, and that the communications tower and
antennas are desi,-ned to withstand winds in accordance with the latest revision
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CITY OF SEWARD,ALASKA
ORDINANCE 2020-
ofANS IMITIA-222 standards ("Structural standards for steel
communications antenna towers and communications antenna supporting
structures");
(t) Identification of the person or persons who will own the communication
tower and the equipment that is to be located on it;
(,-) Written authorization for the application from the owner of the site;
(h) Evidence that the applicant has a valid FCC license for the use of the
communications tower;
(i) A line ofsi,-ht analysis showin,-the potential visual and aesthetic impacts of
the communications tower on adiacent residential districts throe'-h the use of
photo simulations of the communications tower, includin'- all antennas,
structures, and equipment, usin,-three vanta,-e points and photo simulations
from locations requested by the plannin,- department;
(i) A written a,-reement, on a form approved by the city attorney, to remove the
communications tower and restore the site to its orizinal condition, and
consistent to the natural-rade, within one hundred ei,-hty days after the
communications tower is substantially unused for a period of twelve
consecutive months, and providin,-that if the communications tower is not
removed within this one hundred ei,-hty-day period, the city may remove the
communications tower at the cost of the owner;
k. Any additional information required by the plannin,- department Burin,-the
application process for determination that all applicable zonin,-laws are met.
(2) For permits issued under subsection (1.) of this section, the applicant must show
all applicable conditions are met as follows:
(a) Location and Visual Impacts.
(i) The proposed location shall minimize the visual impact on the
surroundin,-area while allowin,-the communications tower to function in
accordance with minimum standards imposed by the applicable
communications re-ulations and the applicant's technical desi,-n
requirements.
(ii) Communications towers and attached antennas and equipment must be
a color that blends with the surroundin,-environment or complementary to
the viewshedl Muted colors, earth tones, and subdued hues, such as-ray.
00959948.DOCX
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CITY OF SEWARD,ALASKA
ORDINANCE 2020-
are preferable.All associated structures such as equipment buildin,-s,
includin,-the roofs, shall be painted with earth tone colors unless otherwise
required under this code or other applicable law.
(iii) Where necessary to make a communications tower compatible with the
historical, environmental or cultural character of its location, the Planning
Commission may require that the communications tower be stealth facility,
hidden, or inte-rated as an architectural feature of a structure, to reduce its
visual impact.
(b)Inability to Collocate.
(i) The applicant must show that it is not feasible to locate the proposed
communications antenna and equipment on an existin'-structure within the
area required for service. New towers shall be desiened to allow collocation
of an equal number of facilities to the applicants present and reasonably
foreseeable future requirements.
(ii)A communications tower shall not be approved if it is located within
one-half mile (two thousand six hundred forty feet) of an existing
communications tower, unless the applicant certifies that the existing
communications tower does not meet the applicant's structural
specifications and technical desi,-n requirements, or that a collocation
agreement could not be obtained.
(c) Setbacks and Safety.
(i)In all allowable zonin,-districts, a communications tower must be located
no less than a distance equal to the factor of 1.1 of the tower hei,-ht from
any lot line; or the towers hi,-hest enzineered breakin,-point, as certified
from a person re-istered as a structural enzineer in Alaska.
(ii) The tower and facilities will be fenced for security and screenin'-
purposes, fencin,-shall be a minimum of 6 feet in hei,-ht. Landscapin'-may
be required as additional screenin,-buffer between land uses.
(iii) The structure and accessory facilities shall meet all applicable laws and
code requirements includinz but not limited to health, nuisance, noise, fire,
building, and safety code requirements.
(d)Zoning Requirements. With the exception for those requirements,
established within this section, the commercial communications tower must
00959948.DOCX
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CITY OF SEWARD,ALASKA
ORDINANCE 2020-
comply with all applicable zonin,-laws and re-ulations, includin,-all laws
-overnin,-land development,parkin,-, lot size, and storage.
(e) Signs. No signs may be located on a communications tower except for
identification si,-na,-e, and safety si,-na,-e as required by law, re-elation,
and standards.
(� Lighting. No lighting may be located on a communications tower except as
reasonably required for safety purposes or as required by the Federal
Communications Commission, Federal Aviation Administration or other
government a,-ency with iurisdiction.
(g) Height. The height of a communications tower may not exceed the
maximum tower hei,-ht specified in the conditional use permit or in this
section.
(h) Towers located on existing buildings. A communications tower may be
mounted on an existing building, as lon,- as it does not extend more than
thirty feet(30') above the roofline and the applicable conditions of this
section have been met. For example, if a building was constructed to its
maximum allowed hei,-ht of thirty-four feet(34') in a zone, a
communications tower/antenna may be placed on it provided that it is not
more than thirty feet(30') above the hi,-hest part of the building.
(i) Variances to development requirements may be-ranted pursuant to
applications as provided for in SCC 15.10.325
(3) For permits issued under subsection (L) of this section,
(a) No decision re,-ulatin,-the placement, construction or modification of a
communications tower may be made on the basis of environmental or health
effects of radio frequency emission if the antennas and other equipment on
the communications tower comply with Federal Communications
Commission re-ulations.
(b)All permit applications shall be processed in a timely manner under the
circumstances and not unreasonably delayed.
(c) Denial of any permit application shall be in writin'-and supported by
substantial evidence.
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CITY OF SEWARD,ALASKA
ORDINANCE 2020-
(d)Appeals to the Board ofAdiustment in the case where an application has
been denied shall be made pursuant to SCC 15.10.410.
Section 2. This ordinance shall take effect ten (10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA
this day of , 2020.
THE CITY OF SEWARD,ALASKA
Christy Terry, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda J. Ballou, MMC
City Clerk
(City Seal)
00959948.DOCX
11/46
P&Z Agenda Statement
Meeting Date: September 1, 2020
Through: Jackie C. Wilde, Community Development Director
From: Eric Kozielski, Planner
Agenda Item: Resolution 2020-10 of the Planning and Zoning Commission of the
City of Seward, Alaska, Recommending City Council amend Title
15 of Seward City Code regarding Commercial Communications
Towers to provide special provisions for such land use
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the Seward City Council is
Resolution 2020-10.At the request of the Planning and Zoning Commission city staff has completed
a review of portions of the City Code relating to commercial communications towers in the City of
Seward.
Review of the code pertaining to commercial communications towers is currently a City Council
approved priority for the Planning and Zoning Commission. Communications Towers are currently
addressed in Title 15 of the City Code. The Planning and Zoning Commission has held public work
sessions to review and update portions of the City Code pertaining to Communication Towers. Three
work sessions were held on the following dates: June 16, July 21, August 18, 2020.
Upon review, staff determined it important to provide a subsection of Chapter 15.10 Article 2. —
District Regulations, specific to Commercial Communication Towers,with the intent to provide for
the purpose behind the ordinance and the special provisions for such a land use.
This Ordinance as presented has been reviewed and approved by the City Attorney.
Specific additions, deletions or changes are explained as follows:
(added language is italicized, underlined, and bolded;Deleted langmage is sWeken
15.10.140 Definitions (b)
b. Speci zc definitions. (Parenthetical references are for cross-reference only.) In this chapter,unless
otherwise provided or the context otherwise requires:
27. Commercial Communications tower.A structure intended to support equipment used to
12/46
Planning and Zoning
Agenda Statement
Page 2 of 7
transmit and / or receive communication signals including monopoles, guyed and lattice steel
structures. This definition does not include a tower that supports only one or more amateur radio
antennas.
15.10.226 Land uses allowed.
(f) Commereial eleetronie towers, satellite dishes and antennas are allowed Mi
aeeor-danee with table 15.10.225 of this ehapter- subj eet to the site being feneed
15.10.226 - Land Uses Allowed Table
(Deletions are Bold Str-ikethreug#s; Additions are Bold Italic Underline
Districts: Principally Residential Principally Principally
Commercial Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Commercial Communications -0 -0 -0 9 9 9
tower semmers sa+ellite
and anten less than 16 feet
diameter or 75 feet in height
Commercial Communications C C C
tower eammer-eial satellite
and anten 16 feet diameter
or greater than 75 feet in height
15.10.250- Commercial Communications Towers.
A. Purpose. The purpose ofthis section is to establish a process,rules, and standards
for the sitin,- and construction of wireless communication facilities to:
(1) Protect and promote public health, safety and welfare;
(2) Ensure that facilities are compatible with adjacent land uses;
(3) Provide guidelines for the siting and design of communication facilities;
(4) Protect the City's environmental and economic resources including the
viewshed;
13/46
Planning and Zoning
Agenda Statement
Page 3 of 7
(5) Minimize the number oftowers by encouraging the colocation offacilities
and maximizin,-the use of existin,-structures;
(6) Provide for the ability of communications companies to enhance wireless
covers,-e and capacity services for the City's residents,businesses,and visitors.
B. Supplemental Definitions.
(1) Total height. The distance as measured from the ground at the preexisting
natural-rade to the topmost point of the entire tower and attachments.
(2) Equipment. Refers to satellite dishes, antennas, and other wireless
electronics intended to transmit and/or receive commercial communication
si,-nals.
(3) Stealth facility.Any tower/facility designed to make the structure look like
somethin,- other than a wireless facility.
C. Permittinz, The Plannin,- Commission may approve a conditional use permit
for a communications tower in the AC. HC, CB, I, RM, and INS zonin,- districts,
subject to the conditions in this section and sections 15.10.220, 15.10.320.
(1) The application for a conditional use permit for a communications tower shall
include the followin-information:
(a)A written narrative explainin,- why the proposed site has been chosen, why
the communications tower is necessary, why the requested hei,-ht was chosen,
and a full explanation re,-ardin,-the communication tower's ability to
accommodate other providers; and
(b) Specifications for the communications tower and all equipment to be located
on it, includin,-a description of desi,-n characteristics and material;
(c)A site plan drawn to scale showing property boundaries, communication
tower location, communication tower hei,-ht, -uv wires and anchors and
existing structures and land uses on the site and on adjacent property;
(d)A map showing the locations of the applicant's existing communications
towers that serve customers within the city, the proposed new communications
tower, expected chap,-es to the applicant's existinz covers,-e and capacity
within the city, and/or other improvements to wireless service;
(e)A report prepared by a person re,-istered as a structural enzineer in Alaska
showin,-the structural capacity of the communications tower, the equipment
14/46
Planning and Zoning
Agenda Statement
Page 4 of 7
type and number to be installed, and that the communications tower and
antennas are desi,-ned to withstand winds in accordance with the latest revision
ofANSIIEIAITIA-222 standards ("Structural standards for steel
communications antenna towers and communications antenna supporting
structures");
(fl Identification of the person or persons who will own the communication
tower and the equipment that is to be located on it,
(,-) Written authorization for the application from the owner of the site;
(h)Evidence that the applicant has a valid FCC license for the use of the
communications tower;
0) A line of si,-ht analysis showin,-the potential visual and aesthetic impacts of
the communications tower on adjacent residential districts throu,-h the use of
photo simulations of the communications tower, includinz all antennas,
structures, and equipment, using three vanta,-e points and photo simulations
from locations requested by the plannin,-department,
6) A written a,-reement, on a form approved by the city attorney, to remove the
communications tower and restore the site to its on,-inal condition, and
consistent to the natural grade, within one hundred ei,-hty days after the
communications tower is substantially unused for a period of twelve
consecutive months, and providin,-that if the communications tower is not
removed within this one hundred ei,-hty-day period, the city may remove the
communications tower at the cost of the owner;
(k)Any additional information required by the plannin,-department durin,-the
application process for determination that all applicable zonin,-laws are met.
(2) For permits issued under subsection (1.) of this section, the applicant must
show all applicable conditions are met as follows:
(a) Location and Visual Impacts.
0) The proposed location shall minimize the visual impact on the
surrounding area while allowin,-the communications tower to function in
accordance with minimum standards imposed by the applicable
communications re-ulations and the applicant's technical desi,-n
requirements.
(h) Communications towers and attached antennas and equipment must be
a color that blends with the surroundin,-environment or complementary to
the viewshed. Muted colors, earth tones, and subdued hues, such as-ray,
15/46
Planning and Zoning
Agenda Statement
Page 5 of 7
are preferable.All associated structures such as equipment buildings,
includinz the roofs, shall be painted with earth tone colors unless otherwise
required under this code or other applicable law.
(iii) Where necessary to make a communications tower compatible with the
historical, environmental or cultural character of its location, the Planning
Commission may require that the communications tower be stealth facility,
hidden, or inte-rated as an architectural feature of a structure, to reduce its
visual impact.
(b)Inability to Collocate.
(i) The applicant must show that it is not feasible to locate the proposed
communications antenna and equipment on an existinz structure within the
area required for service. New towers shall be desiened to allow collocation
of an equal number of facilities to the applicants present and reasonably
foreseeable future requirements.
(ii)A communications tower shall not be approved if it is located within
one-half mile (two thousand six hundred forty feet) of an existing
communications tower, unless the applicant certifies that the existing
communications tower does not meet the applicant's structural
specifications and technical desi,-n requirements, or that a collocation
agreement could not be obtained.
(c) Setbacks and Safety.
(i)In all allowable zonin,-districts, a communications tower must be located
no less than a distance equal to the factor of 1.1 of the tower hei,-ht from
any lot line; or the towers hi,-hest en,-ineered breakin,-point, as certified
from a person re,-istered as a structural en,-ineer in Alaska.
(ii) The tower and facilities will be fenced for security and screening
Purposes, fencin,-shall be a minimum of 6 feet in hei,-ht. Landscapin,-may
be required as additional screenin,-buffer between land uses.
(iii) The structure and accessory facilities shall meet all applicable laws and
code requirements includin,-but not limited to health, nuisance, noise, fire,
buildinz, and safety code requirements.
(d)Zoning Requirements. With the exception for those requirements,
established within this section, the commercial communications tower must
comply with all applicable zonin,-laws and re-ulations, includinz all laws
moverninz land development, parking, lot size, and storaze.
(e) Si,-ns. No signs may be located on a communications tower except for
16/46
Planning and Zoning
Agenda Statement
Page 6 of 7
identification si,-na,-e, and safety si,-na,-e as required by law, re-ulation,
and standards.
(� Li,-htin,-. No li,-htin,-may be located on a communications tower except as
reasonably required for safety purposes or as required by the Federal
Communications Commission, Federal Aviation Administration or other
-overnment a,-ency with jurisdiction.
(g) Height. The height of a communications tower may not exceed the
maximum tower hei,-ht specified in the conditional use permit or in this
section.
(h) Towers located on existing buildings. A communications tower may be
mounted on an existing building, as Ion,- as it does not extend more than
thirty feet(30') above the roofline and the applicable conditions of this
section have been met. For example, if a building was constructed to its
maximum allowed hei,-ht of thirty-four feet(34') in a zone, a
communications tower/antenna may be placed on it provided that it is not
more than thirty feet(30') above the hi,-hest part of the building.
(i) Variances to development requirements may be-ranted pursuant to
applications as provided for in SCC 15.10.325
(3) For permits issued under subsection (L) of this section,
(a) No decision re,-ulatin,-the placement, construction or modification of a
communications tower may be made on the basis of environmental or
health effects of radio frequency emission if the antennas and other
equipment on the communications tower comply with Federal
Communications Commission re-ulations.
(b)All permit applications shall be processed in a timely manner under the
circumstances and not unreasonably delayed.
(c) Denial of any permit application shall be in writin,- and supported by
substantial evidence.
(d)Appeals to the Board ofAdjustment in the case where an application has
been denied shall be made pursuant to SCC 15.10.410.
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Planning and Zoning
Agenda Statement
Page 7 of 7
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (2030):
3.1.1 Attract new business and industry to
the greater Seward area.
3.1.1.2, bullet 5 (Pg. I-12) Support development of modern
communications infrastructure.
3.2.1 Promote residential and commercial development within the city
1. of Seward and its vicinity in accordance with community values X
3.2.1.1, bullet 4 (Pg. I-13)Ensure uniform and consistent enforcement
of the zoning code, building code, subdivision ordinance, and city lease
agreements, and evaluate potential code changes to make enforcement
easier.
3.9.2.2 Preserve and Protect the scenic views of the mountains and
Resurrection Bay.
Strategic Plan (1999):
Economic Base - Goals and Objectives
* Attract New Industry —Endeavor to provide modern communication
2 infrastructure (Pg. 5, Bullet 3) X
History and Sense of Community - Goals and Objectives
* Enhance the Sense of Community Among Residents of the Greater
Seward Area—Maintain Seward's small-town character throughout the
growth process (Pg. 13, Bullet 2
As per City Code§15.01.040 Public Hearings;the public notice requirements were met. At the time
of publishing this agenda, no public inquiry had been received.
RECOMMENDATION:
Staff recommends the Commission approve Resolution 2020-10, recommending the City Council
enact the attached Ordinance.
18/46
Memorandum
Date: September 1, 2020
To: Planning and Zoning Commission
Through: Jackie C. Wilde, Community Development Director
Eric Kozielski, Planner
From: Andy Bacon, Planning Assistant
Subject: Planning& Zoning Commission September Work Session Topics
The Planning and Zoning Commission held a work session on February 27, 2020 to discuss creating
an application process for the public so that they may install decorative crosswalks in designated
street intersections around Seward, referred to as `Walkable Murals'. Staff would like to bring
forward a draft policy and application for the Commission's review and comment at this time.
Staff would also like to discuss a few land use topics relating to amendments to our zoning map,the
official zoning map itself, and receive direction from the Commission on proceeding to initiate
review of Title 15 relating to Lodging.
Additionally, the Planning and Zoning Commission was scheduled to hold a joint work session at 6
p.m. on Tuesday, September 1 with the Seward Bear Creek Flood Service Area Board. By request
of the Borough the meeting needed to be rescheduled. Staff requests that Commission reschedule
this meeting to October 6 at 6:00 PM,preceding the next Regular P&Z meeting. No topic has been
set for this meeting, and staff welcomes any ideas the Commission may have.
Staff Recommendation:
• The Commission review and discuss a draft policy on Walkable Murals at their September
15, 2020 work session from 6:00-7:OOPM; and
• The Commission review and discuss Amendments to Title 15, the Official Zoning Map,
and Lodging from 7:OOPM until the end of the meeting.
• Commission set a Joint Work session with the Seward/Bear Creek Flood Service Area
Board for October 6, 2020 from 6:00-7:00 PM
19/46
Memorandum
Date: September 1, 2020
To: Planning and Zoning Commission
Through: Jackie C. Wilde, Community Development Director
Eric Kozielski, Planner
From: Andy Bacon, Planning Assistant
Subject: Discuss scheduling biannual or quarterly joint work sessions with Historic
Preservation Commission
The Planning and Zoning Commission and the Historic Preservation Commission have held multiple
joint work sessions over the years to discuss land use topics of mutual concern. On November 19,
2019 a joint work session was held with the Historic Preservation Commission to discuss the
downtown historic district, and the HP Commission recently reviewed and discussed a P&Z
recommendation to rezone some parcels withing the downtown historic district.
By request of Staff, the Commission is asked to consider establishing quarterly or biannual work
sessions with the Historic Preservation Commission to discuss and review any recent or upcoming
land use decisions made by P&Z, or continue to work on any business relevant to the two bodies,
such as modifications to the downtown historic district. This request would align with goal number
4 in the Historic Preservation plan: Integrate Historic Preservation into Seward's city planning
process to ensure preservation decision making becomes routine in land use planning.
Staff Recommendation:
• Discuss scheduling biannual or quarterly joint work sessions with Historic Preservation
Commission
Note:Please refer to your 2020 Planning and Zoning Calendar on Page 43 of this packet.
The Historic Preservation Commission typically meets the second Thursday of each
month, holding a work session at 6:00 PMand their Regular Meeting at 7:30 PM
20/46
CALL TO ORDER
The July 21, 2020 rescheduled special meeting of the Seward Planning & Zoning
Commission was called to order at 7:00 p.m. by Chair Cindy Ecklund.
OPENING CEREMONY
Commissioner Swann led the pledge of allegiance to the flag
ROLL CALL
There were present:
Cindy Ecklund presiding, and
Nathanial Charbonneau Tom Swann Liz DeMoss
Craig Ambrosiani @ 8:00 PM Gary Seese Kelli Hatfield @ 7:20 PM
Comprising a quorum of the Board; and
Also Present
Jackie C. Wilde, Community Development Director
Eric Kozielski, Planner
Andy Bacon, Planning Assistant
All public testimony was delivered either in writing or telephonically at this meeting
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Ristine Casagranda, inside city, stated that she would like to acknowledge Elliot Jackson for
addressing the problem of seasonal worker housing by constructing a 40-unit complex our behind
Preachers Pond that may house up to 160 seasonal workers. Casagranda stated that the City missed
out on a tax revenue opportunity in not fostering an atmosphere where such a complex could be
built within City limits.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Swann/Charbonneau) Approve the agenda and consent agenda
Motion Passed AYES: Charbonneau, Swann, DeMoss,
Seese,Ecklund
NOES: none
SPECIAL ORDERS,PRESENTATIONS AND REPORTS
Administration Report
Jackie Wilde updated the Commission on the following business items
21/46
• Wilde stated that she had been meeting regularly on Zoom with planning staff across the
Borough and have been discussing the reduction in seats on the Borough Planning
Commission. One possible outcome would be for communities to have representatives on
three-year cycles with one year off.Wilde has been lobbying to maintain the City of Seward
seat in this first round.
• Wilde reminded everyone to fill out the Census.
Other Reports, Announcements, and Presentations -None
Unfinished Business Items requiring a Public Hearing
Resolution 2020-05 Recommending Kenai Peninsula Borough Approval of The Point
Subdivision; Creating Two (2) Tracts, Each Located Inside and Outside Seward Municipal
Boundaries; Vacating Lot Lines, Dedicating Rights-Of-Way and Utility Easements;Located
on Nash Road Within the Industrial (1) Zoning District
Bacon stated that this item is back for a second hearing and stated that the purpose of the plat was
to vacate lot lines, dedicate right of way and create two parcels that would be located both within
and outside City limits. Bacon stated that this item was postponed at the June 2, 2020 meeting
because the public posting sign was not properly placed due to a misunderstanding. Bacon stated
that the applicant has posted the sign in a good location adjacent to Nash Road,public notices were
again sent to property owners in a 300-foot radius, and all other public notifications required by
City Code have been met.
Chair Ecklund opened public hearing on this item.
Tim McDonald,inside city, discussed the purpose of the plat being to consolidate his parcels into
two tracts, following the meander line of Sawmill Creek. McDonald stated that Sawmill Creek
itself would be located on the western tract because that property needed to have site control of
the creek for flood mitigation.
Chair Ecklund closed public hearing.
Motion (Charbonneau/Swann) Approve Resolution 2020-05
Recommending Kenai Peninsula Borough
Approval of The Point Subdivision;
Creating Two (2) Tracts, Each Located
Inside and Outside Seward Municipal
Boundaries; Vacating Lot Lines,
Dedicating Rights-Of-Way and Utility
Easements;Located on Nash Road Within
The Industrial (1) Zoning District
Commissioners Swann and Charbonneau had no questions for staff. Chair Ecklund stated that
she appreciated seeing parent plats included in the agenda packet.
22/46
Motion Passed AYES: Hatfield, Swann, Seese,
Charbonneau,DeMoss,Ecklund
NOES: none
Resolution 2020-06 Recommending City Council Approval Of The Rezoning Of Lots 2,3,4-
5 And Nl/Z Of Lot 6 Block 16 From Multi-Family Residential (R3) To Central Business
District(CB)
Kozielski stated that this item is being brought back for a second public hearing and provided a
summary of discussion from the June 2, 2020 meeting. Kozielski described the location proposed
to be rezoned from Multi-family (R3) to Central Business (CB) and identified the properties for
consideration, described the purpose of the requested rezoning as stated by the applicant, and
discussed surrounding land uses and zoning designations. Kozielski stated that he had contacted
all R3 property owners within this area to advise them of the potential areawide rezoning, answer
questions, and gauge their interest. Based on these conversations with property owners, the
consensus was neutral to negative for rezoning the whole area. Kozielski stated that the owner of
Lot 2 objected to the original application and wanted their property withdrawn form the resolution.
Kozielski stated that the public notification process was complied with and there were no staff
concerns with the rezoning. Kozielski summarized all public comments received prior to this
hearing. Kozielski provided analysis on whether this constituted spot zoning. Kozielski stated that
staff recommends deleting Lot 2 from the resolution, due to the objection of the owner, and that
Commission discuss the original resolution as brought forward by the applicant.
Chair Ecklund opened public hearing on this item
Ristine Casagranda,inside city, stated that she is the applicant for tonight's rezoning. Casagranda
stated that she had some confusion over the process followed by staff, wherein nearby property
owners were contacted to join a rezoning application. Casagranda questioned whether the process
followed by staff was supported by City Code. Casagranda discussed her interpretation of the
rezoning process, and how that process aligns with the comprehensive plan, stating that she
thought the intent was rezoning to fit the future land use plan gradually and by initiation of a
property owner. Casagranda stated that one of the objecting parties to this item should have known
that their property was set to be zoned commercial by the future land use plan, but she does
understand the objection of her neighbor who has been in their home for a long time.
Meghan Coppock, inside city, stated that she is a neighboring property owner who learned of this
rezoning application just prior to the last hearing. Coppock stated that she objected to the proposal
at the last meeting and learned of a possible cell tower being placed next door to her. Coppock
stated that even if she didn't own property on this block, she would oppose rezoning, particularly
to allow a cell phone tower in downtown. Coppock discussed the historical nature of the
neighborhood,stating that rezoning to commercial would have a detrimental effect on the character
of the neighborhood. Coppock stated that she is concerned about the impact a cell tower would
have on her property value, as she is in the process of completing a historic renovation to her home.
23/46
Chair Ecklund closed public hearing.
Motion (Swann/DeMoss) Approve Resolution 2020-06
Recommending City Council Approval
Of The Rezoning Of Lots 2,3,4-5 And Nl/Z
Of Lot 6 Block 16 From Multi-Family
Residential (R3) To Central Business
District(CB)
Swann stated that he would like to amend the resolution to delete Lot 2,based on public comments.
Staff stated that they had just been contacted by a member of the public stating that they had signed
up to speak.
Chair Ecklund suspended discussion of the amendment and opened public hearing.
Carol Griswold, inside city, stated that this land use amendment constituted an illegal spot zone.
Griswold cited the Alaska Supreme Court decision that in addition to conformance with a land use
plan, a rezone must show benefit to the community, not an individual property owner. Griswold
stated that improved communications may be beneficial to the public but that a tower at this
location may not be justified. Griswold stated that an increase of potential commercial uses must
also be considered, as well as the change in development requirements that goes with CB zoning.
Chair Ecklund closed public hearing.
Ecklund asked staff to point out the location of Lot 2, and to point out the other lots that are
included in this resolution. In response to Hatfield Kozielski stated that he had not heard from the
co-owner of Lot 2 who signed the application, but that since they do not control a majority share
of the property, staff recommended removing it from the resolution.
Motion (Swann/DeMoss) Amend the title of Resolution 2020-06 to
delete"Lot 2"and all references to"Lot 2"
throughout the resolution
Motion Passed AYES: DeMoss, Charbonneau, Hatfield,
Seese, Swann,Ecklund
NOES: none
ABSTAIN: Ambrosiani
Commissioner Ambrosiani joined the meeting partway through discussion and elected to abstain
Hatfield asked to clarify that if a rezoning is supported by the Future Land Use plan that it does
not need to meet the requirement of being at least one acre in size, to which staff affirmed.
24/46
Charbonneau stated that the result of approving this application would result in further zoning
inconsistencies on this block between R3 and CB zoning districts. Swann stated that this
discussion was about a zoning change, not about potential locations for cell towers. Ecklund
discussed the question of whether properties that were broken by rights of way would be
considered contiguous, to which she and Kozielski agreed they were. Ecklund discussed the
portion of City Code outlining the procedure for land use amendments.
Motion passed as amended AYES: Swann, Seese, DeMoss, Hatfield,
Ecklund
NOES: Charbonneau
ABSTAIN: Ambrosiani
New Business Items requiring a Public Hearing
Resolution 2020-08 of the Planning and Zoning Commission of the City of Seward, Alaska,
granting a conditional use permit to John Wisel II to construct and operate two or more
apartment units within a commercial building located at 213 Fifth Avenue in the Central
Business district(CB)
Kozielski stated that the applicant is seeking to construct a mixed-use apartment and commercial
building in the Central business District, at 213 Fifth Avenue. Kozielski described the size of the
parcel,the footprint size of the proposed development, and discussed parking requirements for the
specified use within the Central Business District. Kozielski noted that the parking plan did not
show dimensions and was arranged such that 2 spaces would be parked in, and an updated plan
was not turned in before the meeting as requested during the staff review process. Kozielski stated
that public notice process was followed per city code. Kozielski read the recommended conditions
into the record
Chair Ecklund opened public hearing on this item.
Planner Kozielski stated that he had one citizen to call,the applicant, and had also received written
comments from citizens who wished them to be read into the record:
John Wisel 11,inside city, stated that he had a concept design turned in for lower retail space and
upper units. Wisel stated that this could be done in a timely manner and discussed inquiries he has
received for businesses in the first-floor space.
Mark Kulstad,inside city, submitted written comments to be read before the commission,
stating that he opposes Resolution 2020-08. Kulstad does not want to see a building any larger
than the video store previously on that site. Kulstad stated that the public posting was misleading
and did not provide a good description of the project, and the posting period should be extended
to allow neighboring property owners more time to learn about the project. Kulstad stated that
parking was a problem along this block, and the proposed building would make the situation
25/46
worse. Kulstad stated that construction of the project would obstruct traffic in the alley and on
Fifth and that neither he nor the neighboring owner to the south would grant access on their
property for construction activities. Kulstad stated that the applicant has not acted in the best
interest of the community in the past, and the application should be denied. Kulstad stated that
there is an underground fuel storage tank on the property that was damaged during the video
store demolition, and that an environmental assessment should be required.
Mary Kulstad,inside city, submitted written comments to be read before the commission, stating
that she opposes Resolution 2020-08 because it will negatively affect her properties.Kulstad stated
that she owns multiple properties in the area. Kulstad stated that a three story building would
negatively impact the view from Hotel Seward, thus lowering the property value, and so asks that
a height restriction be placed on development of the applicant's property. Kulstad stated that the
public posting sign was unclear and the neighboring property owners have not been given enough
information about the project. Kulstad stated that this project would not serve to benefit the
community, that there are an abundance of nightly lodging opportunities in the area and the
hospitality industry has been hard hit by Covid-19. Kulstad stated that there are deficiencies in the
application materials, not showing third floor plans or dimensioned parking plans. Kulstad stated
that she would support a commercial building that fits the same footprint and height of the previous
building on the property.
Hearing and seeing no one else wishing to speak the public hearing was closed
Motion (Charbonneau/Swann) Approve Resolution 2020-08 of the
Planning and Zoning Commission of the
City of Seward, Alaska, granting a
conditional use permit to John Wisel II to
construct and operate two or more
apartment units within a commercial
building located at 213 Fifth Avenue in the
Central Business district (CB)
Charbonneau asked about the site plan and parking plan, to which Kozielski replied that the
applicant was asked to turn in more detailed drawings prior to the meeting. Swann suggested
postponing this item until the Commission could review more detailed plans, noting that the
parking diagram showed spaces that could be blocked in by parked cars. Seese asked why the
applicant could not utilize street parking. Chair Ecklund replied that when the Commission
reviews CUP applications for uses that involve overnight stay in the Central Business District,they
typically will require the applicant to provide some parking for those residents, employees or
guests. Hatfield asked what the parking requirements were for apartments. Discussion followed
on parking requirements for different overnight uses such as apartments, studio apartments,
dwellings and hotel rooms. DeMoss stated that the application was missing apartment square
footage and intended use and she supported postponement. Ambrosiani recommended
postponement and asked why neighboring property owners did not know this was happening.
Ecklund asked if public notice procedures were followed, to which Kozielski replied that he sent
out 39 letters to property owners within a 300 foot radius. In response to Ambrosiani, Wilde said
26/46
that she would look into the alleged fuel spill. Commission further discussed the information they
would like to know before continuing to review this application. In response to Swann, Wilde
stated that community development staff have been working with the applicant for over a year and
have met with him to explain the requirements of a CUP, and other matters relating to building on
this site. Swann urged the applicant to come back with a more polished concept. Ecklund stated
that she would recommend postponement due to a misleading public posting, needing more
information on a possible fuel leak on the property, and due to concept plans showing stairs
extending into public right of way.
Motion (Swann/Charbonneau) Postpone this item until brought back by
staff
Motion passed AYES: Swann,Ambrosiani Charbonneau,
Seese,Hatfield, DeMoss,Ecklund
NOES:
NEW BUSINESS
Resolution 2020-09 Recommending City Council Enact A Six (6) Month Moratorium on the
Placement of Communications Towers or Until Such Time As Design And Development
Standards Can Be Adopted Into Code
Kozielski provided overview of a recent work session held by the Commission to discuss
communication tower placement, in which staff was asked to bring forward a six month
moratorium on new towers while working on a draft code change to enact design and
development standards for new towers. Kozielski described the work that had been going on
in the meantime and noted that since the meeting at the beginning of July had been postponed,
staff had used the additional time to create a draft ordinance. Kozielski stated that per advice
from the City attorney, staff was recommending denial of the moratorium, and instead focus
on working on a code change, and also to create a resolution recommending any new
communication tower applications be reviewed in the framework of the draft ordinance.
Motion (Swann/Charbonneau) Resolution 2020-09 Recommending City
Council Enact A Six (6) Month
Moratorium on the Placement of
Communications Towers or Until Such
Time As Design And Development
Standards Can Be Adopted Into Code
Swann stated that he would either like to move forward with the moratorium or act to get
something in place so that there is a review process for new towers. Charbonneau stated that he
agreed with Swann, and felt something needed to be in place, and stated that he would vote to
27/46
approve a moratorium.Ecklund noted that there was a draft ordinance included in the work session
packet from earlier that evening, and that Commission could direct staff to bring that forward at
their August 4 h, 2020 meeting for recommendation to Council. Ecklund stated that either way,
Commission would be moving forward with an ordinance rather quickly. DeMoss recommended
going with the attorney recommendation on this issue. Discussion followed relating to the process
for recommending and enacting a new ordinance.
Motion Failed AYES: Seese, Charbonneau, Swann
NOES: Hatfield, Ambrosiani, DeMoss,
Ecklund
Commission Comments:
Hatfield-No comments
Ambrosiani-No comments
DeMoss-Thanked staff for adding additional steps to the public notice process to ensure all owners
would be contacted.
Charbonneau- Thanked the public and staff for preparing information for the meeting
Seese-Agreed with Commissioner Charbonneau
Swann- Asked if one outcome of the virtual meetings we have been holding might be that
Commissioners will be allowed to participate remotely from home or while out of state. Discussion
followed. Wilde stated that the modified meeting procedures were allowed because we are in a
health emergency, but the rules may not stay this way. Swann hoped for remote or virtual
participation to be allowed in the future. Swann also discussed the rezoning application process,
stating that the Commission has recommended adding properties to an application in the past, if it
serves the public good.
Ecklund- Stated that a zoning change to Central Business district does not necessarily mean that
historic buildings would be replaced with modern buildings and noted that commercial uses can
and do occur in historic buildings. Ecklund thanked staff for including parent plats in the meeting
packet.
Citizens' Comments:
Ristine Casagranda, inside city, thanked the commission for their time and consideration of her
rezoning application and the hard work that went into it.
Carol Griswold, inside city, stated that she was frustrated to be unable to contact anyone in the
room when she was skipped over during previous citizen comments and requested that at least one
staff keep an eye on their cell phone. Griswold stated she was disappointed in the outcome of the
rezoning resolution. Griswold found the information in the packet confusing as to which owner
owned which property and stated the discussion on spot zoning was incomplete. Griswold
summarized the criteria used to test for a spot zoning situation that was established by the Alaska
Supreme Court, and stated that the application before the Commission tonight was not adequately
reviewed under the established criteria for spot zoning. Griswold urged the Commission to work
28/46
with the new City law firm to update title 15 to be in conformance with the 1996 court ruling.
Griswold also would like to see definitions added to Title 15 for terms such as `contiguous' and
`abutting.' Griswold stated that Title 15 land uses table also needs to be revised, and that the
comprehensive plan needs to consider longstanding uses that have been taking place in Seward
neighborhoods and consider preserving them. Griswold urged Commissioners to reflect on what
makes living in Seward so special and desirable as a place to live.
Commission and Administration Response to Citizens' Comments
ADJOURNMENT (Charbonneau)
The meeting was adjourned at 9:17 PM
Jackie C. Wilde Cindy L. Ecklund
Community Development Director Chair
(City Seal)
29/46
ZONING PRACTICEOCTOBER 2015
AMERICAN PLANNING ASSOCIATION
Q ISSUE NUMBER io
PRACTICE SHORT-TERM RENTALS
�dOK' Hefp
k
Rent unique Piece. "llo
in .o
P47S"14M.-
wo u
u
Peering into the Peer Economy:
Short-Term Rental Regulation
By Dwight H. Merriam, FaicP
You will recall, or if you are a millennial (18 to 34 years old), you might have read
about the mantra that James Carville dreamed up for President Bill Clinton's 1992
campaign: "It's the economy, stupid."
Today,for planners,thanks to the entirely news,
perspective broughtto us bythe millennials, "
ourtheme must be"It's the sharing economy,
stupid."It is called variously collaborative con-
sumption,the peer economy,and the sharing
economy.More than half of millennials have ,
used sharing services.It is permeating our daily
lives in many ways. A
This new ethic about our relationships
x
to things,to transportation,to where we bed
down,and even to other people has taken us
away from owning and exclusively using,to not
owning,not possessing,and not using alone. w
We see the sharing economy in three broad
spheres—transportation,goods and services,
and housing.While our focus here is on short 3
term rentals,it helps to understand the larger iri"IMMMN 1EIIII M, =
context for"home sharing."
RIDE-SHARING REVOLUTION Ride sharing as a generic term encompass- Got a car,not making much use of it,and
Transportation may be the most obvious and es short-term rentals,making your car available interested in making some money?You can
most pervasive face of the sharing economy. to others,sharing rides,and driving or riding in make it available to others on a short-term
Millennials own fewer automobiles than other taxi-like services brokered online through com- basis through peer-to-peer car-sharing services
age cohorts.Millennials purchased almost 30 panies like Uber. including Getaround,which presently operates
percent fewer cars from zoo?to 2011(Plache Instead of owning a car,you can rent one in Portland,Oregon;San Francisco;San Diego;
2013).Why?Because they use short-term car on a short-term basis from companies such Austin,Texas;and Chicago.They will rent your
rentals,public transportation,and ride-shar- as Zipcar and Enterprise Rent-A-Car.Why own car foryou while you are away.Cars are covered
ing services.They are less likely to get driver's a car when you can conveniently pick one up with a$1 million policy,and they even clean
licenses.One-third of 16 to zq year olds don't curbside and use it to run errands for a few it foryou.RelayRides connects neighbors to
have a driver's license,the lowest percentage hours? let them rent cars by the hour or the day,and
in over 50 years(Tefft et al.2013).At the same Sharing a ride and splitting the cost is ifyou're traveling more than iq days,they will
time,so we don't get too carried away with made easier with services like Zimride(also by take your car at the airport,rent it foryou,and
this trend,as the millennials age,they will buy Enterprise Rent-A-Car),which links drivers with pay you.You can even do it for boats with Boat-
more cars.Forty-three percent said they are riders at universities and businesses.You boom- bound.With the help of Spinlister,you can con-
likely to buy a car in the next five years(Kadlec ers will remember the ride-share bulletin boards nect with others and rent a bicycle,surfboard,
2015). on campus.Same thing. or snowboard.
Dwight Merriam,FAICP,founded Robinson&Cole's Land Use Group in 1978,where he represents land owners,developers,governments,and
individuals in land-use matters.He is past president of the American Institute of Certified Planners and received his masters of Regional Planning
from the University of North Carolina and his juris doctor from Yale.
ZONINGPRACTICE 10.15
31/46 AMERICAN PLANNING ASSOCIATION l page 2
Want to make some money by driving others to help freelance home-service workers connect Maybe it began with the sale of timeshares in
around in your car,or are you a rider who wants with home owners. the United States in 1974.These fractional in-
to be driven?Just about everyone has heard of There seems no end to the sharing.Fon, terests have proved difficult to sell.Short-term
Uber,the leader in this form of ride sharing,which touting over 7 million members,lets you share vacation rentals emerged as a better way for
includes other services such as Lyft and now your home WiFi in exchange for access.The many,linking property owners with vacation-
Shuddle forferrying children around and Sidecar Lending Club connects borrowers and inves- ers through companies like HomeAway and its
for both people and packages.Wireless communi- tors,enabling,so they say,better rates than numerous related entities,claiming over one
cations,the Internet,and smartphones have made credit cards and more return for lenders than million listings.FlipKey does much the same
such ride-sharing and delivery services possible. what banks offer.Over$11 billion has been with what it says are over 300,000 listings in
This is a big deal.Lyft and Uber are worth$2.5 borrowed since it started in July 2007,with 179 countries.
billion and$5o billion(more than FedEx and 405 investors earning a median of 8.1 percent. But Airbnb goes beyond vacation rent-
companies in the S&P Soo)respectively(Dugan Poshmark lets you show your unneeded cloth- als.You can rent a shared or private room
2o15;Tam and de la Merced 2015).And want to ing in a virtual closet and get linked with for a night,a whole house,an apartment for
be a driver but don't have a car?You can rent one people who share your sense of style.You can your exclusive use for a week,a British castle
from Breeze just for that purpose. even share your dog,or become a sitter,with (Airbnb says it has 1,400-plus castles),a tee-
DogVacay and Rover helping you find a local pee,an igloo,a caboose,or an eight-foot by
GOODS AND SERVICES PEER TO PEER dog sitter to care for your dog at your home or 14-foot treehouse in Illinois($195 a night)if
Beyond transportation,the sharing economy theirs. you wish.
extends to relationships between people and The power of the Internet in facilitating The company,originally"AirBed&Break-
service providers.There is peer-to-peer or collab- collaborative consumption was probably best fast,"was founded in 2oo8 by Brian Chesky,
orative consumption through services like Task- evidenced first when eBay and Craigslist pro- Joe Gebbia,and later Nathan Blecharczyk.It
Rabbit and Skillshare which provide help,paid or vided an online marketplace never experienced began when Chesky and Gebbia,to help pay
bartered,or sometimes free.Instacart will grocery before.Today,we have web-based services like their rent,rented sleeping accommodations
shop foryou and claims it will deliver to your door Freecycle where people can post things they on three air mattresses in their San Francisco
in an hour.You can be a shopper and delivery don't want,the remnants of our overconsump- apartment living room and made breakfast for
person for them,making up to$25 an hour. tion,and others can take that flotsam and jet- the guests(Salter 2012).The company is now
NeighborGoods lets you share all those sam for free.Yes,for free.It solves the donor's worth$25.5 billion and joins the ranks of the
things you have but use so little,from leaf blow- solid waste disposal problem and provides free rest of the great ideas we wish we had thought
ers,to pressure washers,to...well,take a look goods forthe takers. of first(O'Brien 2015).
in your garage,that place where you used to
park your car.If you live in Austin,Texas;Den- SHARING THE ROOF OVER OUR HEADS GOOD OR BAD?
ver;Kansas City,Missouri;Minneapolis;or San That brings us to the subject matter of great- Are short-term rentals good or bad foryour com-
Francisco,Zaarly seeks to create a marketplace est interest to planners—the sharing of space. munity?Like so many things,it depends.
Mr
T-
is
b. per 1�
ZONINGPRACTICE 10.15
32/46 AMERICAN PLANNING ASSOCIATION Ipa9e3
term rentals may reduce commercial lodging
„} revenues.In many situations STRs have an
advantage over commercial lodging because the
STRs do not pay the occupancy taxes paid by
commercial lodging.Short-term rentals generally
do not need the service workers employed in
u
commercial lodging.Unions and service workers
often oppose STRs.
State and Local Government
Revenues to state and local government may
F � go down as a result of STRs because,as noted,
such rentals usually do not pay the occupancy
4 ii •�
I
and other taxes levied on commercial lodging.
Airbnb does provide io9g forms to hosts to
report their income,and it has begun collect-
ing and remitting hotel and tourist taxes in San
Francisco;San Jose,California;Chicago;and
Washington,D.C.(Hantman 2015).
Health and Safety
Affordable Housing Much of the STIR market today is unregulated.
Short-term rentals(STRs)increase the stock of Those who rent typically do not have their prem-
furnished,short-term accommodations.Be- `{ `� ises inspected to determine compliance with
cause many of the rentals involve renting a room health,building,housing,and safety codes.For
in a permanently occupied dwelling,they are of its part,Airbnb does clearly state in its terms
ten less expensive than commercial lodging.The ,r, of service that some localities have zoning or
benefit for home owners or long-term tenants administrative laws that prohibit or restrict STRs
who host STIR guests is additional income,which and that"hosts should review local laws before
can help offset mortgage or rent payments. listing a space on Airbnb."
Some contend that STRs may exacerbate - Airbnb also provides a guide to respon-
the shortage of lower cost rentals because land- sible hosting on its website,and what they do
lords,attracted by the higher revenue stream %` \l+, address is good guidance for local planners and
from STRs,are taking apartments out of long regulators,and thus worth reading.How many
term rentals,especially in tight markets like New u J hosts read and follow up on the suggestions is
b ;
York and San Francisco(Monroe 2014; _r, another matter.Airbnb's list is still a good start-
Moskowitz 2015).Others say high tenant de- ing point for local action.
mand and demographics are the cause of the JfI' t Many STIR hosts do not have home own-
problem,not STRs,which are a small share of ers and liability insurance to cover losses that
the market(Lewyn 2015;Rosen 2013). may result from occupancy.There is a life safety
issue here,and in the event of death,injury,or
Aging in Place property damage,there may not be insurance
Short-term rentals of rooms in homes and apart- coverage or sufficient assets available to cover
ments not only provide additional revenue for the liability.
those aging in place,but they may provide an
opportunity for sharing of chores and bartering This condo hotel in downtown AN OUNCE OF PREVENTION IS WORTH
for services,just as accessory apartments do. Honolulu includes owner-and A POUND OF CURE
This can enable older people to stay in their long-term renter-occupied units, So said Benjamin Franklin,and it is apt here.
homes longer before transitioning to an inde privately owned units available You need only take a few relatively easy steps
pendent or assisted living facility. for daily rental through the to get out ahead of the potential problems with
building's hotel operator,units STRs and capitalize on the good that such rent-
Commercial Lodging owned by the hotel operators, als can provide your community.
The only possible benefit of STRs with regard and privately owned units
to existing commercial lodging is that it may available for short-term rental Moratorium
stimulate competition and lower prices for the through Airbn b and similar sites. This is not a recommendation,but something
consumer.The negatives are several.Short- worth considering.As you work down this list of
ZONINGPRACTICE 10.15
33/46 AMERICAN PLANNING ASSOCIATION I page 4
steps you will have the sense that you need to you want,and how do you get it.You need to Austin has separate application forms for
do six things at once.You do.One way to get a know who is renting and what is being rented to Type 1 primary,secondary,and partial STRs.
grip on it is take a"planning pause"moratorium whom for how long.You need to determine what All of these forms include owner and property
on all STRs for,say,six months,during which you may expect in the future.What do you think identification information as well as insurance
time no one can rent.However,given that the the demand is for STRs,in what mix of accom- information,number of sleeping rooms,occu-
number of such rentals in many places is still modations,and forwhat length of tenancy?This pancy limit,and average charge per structure.To
relatively small,it is unlikely that much harm will prove useful to deciding whether you need qualify as a Type 1 primary STIR,the unit must be
will come from letting them continue on while to limit the number of units available for STIR owner occupied at least51 percent of the time
you plan and prepare to regulate.It may not be and to regulate the length of occupancy. and can only be rented out in its entirety and for
worth the effort to have a moratorium.A morato- periods of 3o days or less.To qualify as a Type z
rium takes time—for drafting,maybe some legal Regulate secondary STIR,the unit must be accessory to an
advice,and the expenditure of political capital Regulation probably will come in two forms: owner-occupied principal residence and can only
in most cases—and may cause some pushback licensing of individual hosts to insure code com- be rented out in its entirety and for periods of 30
from those already renting,all of which may cost pliance and general regulation(either through days or less.To qualify as a Type 1 partial unit,
more than the planning pause is worth.Morato- zoning or licensing standards)as to location, namely a room rental,the unit must provide ex-
ria sometimes serve only to delay the inevitable number of units,and terms of tenancy.You will clusive use of a sleeping room and shared bath-
hard work and are often extended.Backto Ben have to draw the line somewhere as to what is room access.Only one partial unit can be rented
Franklin:"Don't put off until tomorrow what you an STIR and what is simply an unregulated rental. out at a time,to a single party of individuals,and
can do today." for periods of 3o days or less.Owners must be
present for the duration of the rental.
Education Conduct educational The annual licensing fee for STRs in Austin
Learn what is available out there now by going sessions i n your is$235.Applicants must also pay a one-time
to all of the websites and services that you can notification fee of$50.
find,most of which are identified here.Look community even before Of course,as with all regulation there
online to see what STRs are being offered in your are those with schemes to beat the regulation.
community.You may be surprised at how many trying to regulate, to There are sites online that advise potential
ofyourfriends and neighbors are already in the STIR hosts to avoid posting on Craigslist,use
STIR business.Don't forget to check Craigslist sensitize present and Airbnb's community and social features to
as well,and use an online search engine,such screen the reservations(presumably to avoid
as Google,with a few key terms,like"rentals potential hosts to the enforcement types),"hide your home"by using
Anytown"and"house-sharingAnytown,"to find Airbnb's public view that only shows a large
other STIR activity. need for proper code circle within which the unit is located,use word
Conduct educational sessions in your com- of mouth(or social networking sites)to rent the
munity("Everything You Need To Know About compliance. unit,and"get lost in the crowd"in that there are
Short-Term Rentals")even before trying to regu- thousands of listings in large places like Austin
late,to sensitize present and potential hosts Is an STIR a rental of less than 3o days or go (but not in the rural counties,suburbs,and
to the need for proper code compliance,fire days,or some other somewhat arbitrary number small towns).This advice to those interested in
prevention,emergency response,following rules of days,and everything else is just an unregu- breaking the law suggests that it will not always
for rent controlled units,first aid,protecting lated rental?It is foryou to decide.You will also be easy for code enforcement to find the STRs.
privacy(e.g.,disclosing security cameras),insur- want to considerwhether owner-occupied STRs Perhaps some notice to all property owners,
ance coverage,parking,noise,smoking,pets, might be regulated less strictly,given that the maybe a note with the tax bill,telling them of
childproofing,operation of heating and ventilat- owner is present duringthe STIR. the need to register would help.Free,simple,
ing systems(including fireplaces and heating Austin,Texas,has a robust program with online registration might increase compliance.
stoves),safe access,occupancy limits,deciding licensing.They carve out three types of STRs: The critical issue is life safety—you need to find
what to tell neighbors,home owners association owner-occupied single-family,multifamily,or all of these STRs to make sure they are safe.
approval,tax obligations,and any required zon- duplex units(Type 1);single-family or duplex San Francisco has an Office of Short-Term
ing approvals.These sessions may also provide units that are not owner occupied(Type z);and Rental,and in 2014 the city adopted major
an opportunity to learn who is renting and to multifamily units that are not owner occupied revisions to its planning codes for STRs.Those
connect with them.Consider establishing a (Type 3).There is a three percent limit by census amendments include some useful definitions of
section of your municipal website as a resource tract on the Type z single-family and duplex hosting platform,primary residence,residential
portal.You will not have all the answers to all STRs,a three percent limit per property on Type unit,short-term residential rental,and tourist
the questions as you start,but you need to start. 3 STRs in any noncommercial zoning district, or transient use.The code requires registration,
and a 25 percent limit per property on Type 3 occupancy of the unit by the owner not less than
Planning STRs in any commercial zoning district.Howev- 275 days a year,maintenance of records fortwo
Yes,planning.The rational planning model in er,each multifamily property is allowed at least years,certain insurance coverage,payment of
its simplest terms is what do you have,what do one Type 3 STIR,regardless of these limits. transient occupancy taxes,compliance with the
ZONINGPRACTICE 10.15
34/46 AMERICAN PLAN NI NG ASSOCIATI ON I page 5
housing code,posting the registration number THE MAKINGS OF WORKABLE PROGRAM What Is the Limit of Use?
on the hosting platform's listing,and a clearly Overarching issues to consider include the Will you require the host to live in the residence
printed sign inside of the front door with the nature of the activity you aim to regulate,the at least some minimum number of days per
locations of all fire extinguishers in the unit and management structure of the STR,and the year?Will you limit rentals to some maximum
building,gas shut-off valves,fire exits,and pull limits on STR use. number of days peryear?Will you define STR
fire alarms.The application fee and renewal fee as a rental of 30 consecutive days or less and
every two years is$5o.The hosting platform has What Is the Nature of the Activity You Will not regulate longer rentals in anyway?Will
numerous responsibilities,and there are fines Regulate? you regulate whole-house,exclusive-use rent-
for violations.It is a good model from which to Presumably,hosting a STR is a private enterprise als differently,for example by only regulating
start. and almost certainly not a commercial lodging when the house is rented for less than a week
Isle of Palms,South Carolina,regulates business.It is a type of lodging that is largely or two weeks?And will you regulate renting
STRs through zoning,defining an STR to be advertised online,through social media,and of rooms on a different schedule,for example
three months or less.The city's STR standards on bulletin boards.How will you draw the line by including room rentals only if they are less
limit the number of overnight occupants to six between that modest,private activity and a than one month and otherwise not regulating
and daytime occupants to 40(can we assume a commercial operation? longer room rentals,which may be covered by
wedding parry or the like?),set a minimum floor zoning anyway,possibly under the definition of
area per occupant,and establish off-street park- How Is It Managed? a rooming house?There are so many questions
ing requirements. Does the host have to be the owner,and does to be answered and so many lines to be drawn.
Monterey County,California,also regulates the host need to be there during the rental?If A checklist of considerations for hosts and
STRs in its zoning code,defining STRs as rentals not,will you regulate differently in terms of num- public officials for planning,regulation,and
between seven and 30 consecutive calendar bers of units allowed,number of days peryear, operation might include current zoning require-
days.The county considers stays of less than orterms of occupancy? ments;applicable codes(sanitation,health,
seven days to be a motel/hotel use.The regula- building,occupancy among many);business
tion provided for administrative approval of all licensing;business organization(none,limited
STRs in operation at the time of its adoption in liability corporation,general or limited liability
1997 if the property owners applied within 90 jpartnership,Subchapter S,etc.);home owners
days.Most of the existing,legal STRs date from association covenants and restrictions;other
that initial round of approvals.Since then,there ,.-r," n easements,covenants,restrictions on the land;
have been some discretionary approvals,and lodging to be offered(room,whole house,host-
many STRs are believed to be operating without m occupied,length of stay);911 marking at the
the required permits. street;emergency notifications;food service
San Bernardino County,California,permits ; (permitted?licensed?);federal,state,and local
STRs,defined as rentals of less than 3o days, taxes;safety inspections;fire,smoke,COz,and
by zoning in the"Mountain Region"by special ` { other detectors;fire extinguishers;child safety;
use permit exempting multifamily condominium -I parking;insurance;emergency notifications;
units in fee simple and timeshares with a previ water and septic;safe hot water temperature;
ous land use approval.The development stan electrical and plumbing in good repair;pest/ver-
dards include code compliance,maximum oc- min-free(especially bed bugs);ventilation,heat,
cupancy based on floor area per occupant and `,` T air conditioning adequate;no hazards;no mold
the number of beds,off-street parking require or excessive moisture;working doors,windows,
ments,and signage specifications.Conditions loss and screens;adequate means of egress;linen
of operations address the contents of the rental ■■ sanitation;and pool and spa maintenance.
agreement,posting of the property within the =Y
unit with all the conditions of use,and details YOU'VE MADEYOUR BED...
of fire safety and maintenance,even including a _ — So goes the idiom from the French as early as
prohibition on the use of extension cords. 1590:"Comme on faict son lict,on le treuve"(As
Miami Beach,Florida,prohibits STRs in all , . one makes one's bed,so one finds it).In plan-
single-family homes and in many multifamily v ning for and regulating STRs,you will indeed be
buildings in certain zoning districts. the ones making the bed,and you will have to
�a
Registering all these STRs can be burden (`'' it " lie in it.There are benefits and burdens in how
some.Since May 1,2015,Nashville has issued '� , I�uildin
Ii i wn own A you permit STRs and many considerations to be
1,000 permits,and staff estimates the city still :, ,n includes:two-bedroom weighed.If you start with life-safety issues first,
has Boo illegal hotels and motels(Bailey 2015). loft...rtment that rents for$245 you can be quite certain the most important
Wait times for all types permits went from 30 per aspect of this rapidly emerging sharing economy
minutes to four hours because of all the STR minimum stay. phenomenon will be addressed.After that,it is
registrations(Bailey 2015). the usual planning and politics.
ZONINGPRACTICE 10.15
35/46 AMERICAN PLANNING ASSOCIATION l page 6
REFERENCES
Airbnb.2015."Responsible Hosting."Available at www.airbnb.com Nashville-Davidson(Tennessee),Metropolitan Government of.2015.
/help/responsible-hosting. "Short Term Rental Property."Available at http://tinyurl.com
Airbnb.2015."Terms of Service."Available at www.airbnb.com/terms. /pnvn34s.
Austin(Texas),City of.2015."Vacation Rental Licensing."Available at O'Brien,Sara Ashley.2015."`Crazy Money'-Airbnb Valued at Over
http://austintexas.gov/str. $25 Billion."CNNMoney,June 27.Available at http://tinyurl.com
Bailey,Phillip.2015."Council Panel Gets Earful on Airbnb Proposal." /oeus4ar.
Courier-Journal,August 5.Available at http://tinyurl.com/nkaxf23. Plache,Lacey.2013."Millennials in Reverse:Why New Car Sales To
Dugan,Kevin.2015."Lyft Value Soars to$2.5 Billion."New York Post, The Youngest Generation of Drivers Slowed In 2013."Edmonds.
March 12.Available at http://tinyurl.com/pwj5g44• com,November 1.Available at http://tinyurl.com/nfn5gYc.
Hantman,David.2015."Working Together to Collect and Remit in Rosen,Kenneth.2013."Short-Term Rentals and the Housing Market."
Washington D.C.and Chicago,Illinois."Airbnb Public Policy Blog, Urban Land,November zz.Available at http://tinyurl.com
January 28.Available at http://tinyurl.com/g36hht7. /pwfah33•
Isle of Palms(South Carolina),City of.2007.Ordinance zoo?-z.Avail- Salter,Jessica.2012."Airbnb:The Story Behind the$1.3bn Room-
able at http://tinyurl.com/g38a17x. Letting Website."Telegraph,September 7.Available at http://
Kadlec,Dan.2015."Turns Out(Gasp)Millennials Do Want to Own tinyurl.com/nkfes8t.
Cars."Money,January zo.Available at http://tinyurl.com/oyrngsp. San Bernardino(California),County of.2015.Code of Ordinances.
Lewyn,Michael.2015."Airbnb and Affordable Housing."Planetizen, Title 8:Development Code.Division 4:Standards for Specific Land
April 21.Available at http://tinyurl.com/nju7yst. Uses and Activities.Chapter 84.28:Short-Term Private Home Rent-
Montgomery(California),County of.2015.Code of Ordinances.Title als.Available at www.amlegal.com/library/ca/sanbernardino
21:Zoning Ordinance.Chapter 21.64:Special Regulations.Section .shtml.
21.64.28o:Administrative Permits for Transient Use of Residential San Francisco(California),City and County of.2015."Office of Short-
Property for Remuneration.Available at http://tinyurl.com Term Rental Registry&FAQs."Available at www.sf-planning.org
/oaeztgw. /index.aspx?page=4004.
Miami Beach(Florida),City of.2015."Vacation/Short-Term Rentals." Tam,Pui-Wing and Michael J.de la Merced.2015."Uber Fund-Raising
Available at http://tinyurl.com/023397z. Points to$5o Billion Valuation."New York Times,May 9.Avail-
Monroe,Rachel.2014."More Guests,Empty Houses."Slate,February able at http://tinyurl.com/pawed6a.
13.Available at http://tinyurl.com/mbn6266. Tefft,Brian C.,Allan F.Williams,and Jurek G.Grabowski.2013.
Moskowitz,Peter.2015."Why Airbnb Could Be Making It Even Harder Timing of Driver's License Acquisition and Reasons for Delayamong
to Find Affordable Housing."Daily Dot,July 27.Available at http:// Young People in the United States,2012.Washington,D.C.:AAA
tinyurLcom/gc197gv3. Foundation for Traffic Safety.Available at http://tinyurl.com/gjIu44Y•
0
•
MRSC - Use of Electronic Devices Driring Council/Commission Meetings Page I of 3
M � (Municipal Research and Services Center)
C
t�If:+{ Pflf7`Pent Su,tl Cef,S
Use of Electronic Devices During Council/Commission
Meetings
June 23,2017 by Iim Doherty
Category:Open Public Meetings Act,Public Records Act
a; It seems that everybody is always
looking at a screen or sending
+�► messages these days,sometimes
using a smartphone,a notebook
computer,or tablet—what's the big
l deal?
When councilmembers or
• ='`'` commissioners who are participating
.g; µ
in an open public meeting get lost in
their screens they might be:violating
t
a - the OPMA;about to get the agency
involved in a PRA issue;distracted by
the latest game app;or sending
messages using social media.Or,quite possibly,the councilmember/commissioner might be very attentive to the
discussion or issue at hand and reviewing relevant documents online. Here's the issue:the other people in the room
have no idea whether those looking at their screens are tuned in,tuned out,or violating the law,and that can be a
problem.
Violations of the Open Public Meetings Act (OPMA)
If people on the legislative body are sending electronic messages between themselves regarding the issue under
discussion,then that violates the OPMA because those present have a right to listen to the discussion.
If someone on the legislative body is communicating with people not in the room regarding the issue under
discussion,that is certainly rude but might also be violating at least the spirit of the OPMA because their role is to be
discussing the issue with their fellow councilmemberslcommissioners,not with their social media friends or twitter
followers.
Public Records Act (PRA) Issues
If a counci[member or commissioner is sending messages regarding the public issue being discussed,then those
messages are public records and can be requested by any member of the public,even if the messages are being
typed on a personal smartphone or personally owned computer.Those records might show that the OPMA is being
37/46
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MRSC - Use of Electronic Devices During Council/Commission Meetings Page 2 of 3
violated or might show that the councilmember or commissioner is involved in totally personal business and is
ignoring the matter at hand. For example,A PRA request in one city revealed that a councilmember was involved in a
series of very personal and embarrassing emails with a girlfriend.
What Can a Public Agency Do To Avoid Problems?
Adopt a policy.Let all members of the legislative body and the public know the rules. Here are some examples of
policies adopted by jurisdictions here in Washington State.
The Spokane Valley Governance Manual includes the following:
Councilmembers shall avoid accessing any electronic message during Council meetings.Accessing such
communication could be construed as receiving public comment without the benefit of having the citizen in
person to address their concerns. Likewise,Councilmembers shall avoid browsing the Internet on non-City
business during Council meetings in order that Council's full attention can be given to the topic at hand.
The Burien City Council Meeting Guidelines include this:
Councilmembers may post to social media and participate in online forums,but Councilmembers should
refrain from the following:
1. Posting and/or sending electronic communications while a Council meeting is in session (during a break in
the Council meeting,this Item No.1 of these Standards of Conduct will not apply);
2. Engaging in communications via social media or online forums with other Councilmembers in violation of
the Open Public Meetings Act;
3. Posting,sending or reading communications regarding quasi-judicial issues via or to social media,where
the Council acts in a manner similar to a judge;and
4. Posting or sending communications via or to social media that discuss matters that are attorney-client
privileged or that are still confidential Executive Session matters.
And,finally,C-TRAN's Board of Directors Conduct Policy includes the following:
Board Members shall not send or receive electronic communications concerning any matter pending before
Board during a Board Meeting.
Board Members shall not use electronic communication devices to review or access information regarding
matters not in consideration before Board during a Board Meeting.
To ensure focus on the discussions during meetings, Board Members should only use the internet during
meetings to access Board agenda packet information,board resource documents,including but not limited to
Board Policies,C-TRAN Bylaws, Robert's Rules of Order,or other research relevant to the discussion.
In deference to the Board meeting at hand, Board Members should make every effort to refrain from sending
or receiving electronic communication of a personal nature during Board Meetings,though it may sometimes
be necessary to send or receive very urgent/emergency family or business communications during meetings.
38/46
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MRSC - Use of Electronic Devices During Council/Commission Meetings Page 3 of 3
Does your jurisdiction have a policy regarding use of electronic devices during council or board meetings?Should
you have a policy?More and more people are becoming addicted to their online screens and communications,but
there is a time and place for everything.If the person chairing the meeting becomes aware that one of the
participants is distracted by something off-topic on their device,they should be admonished to get back on track.
Be polite,be lawful,and don't be the subject of a news item relating to inappropriate use of electronic
communications.
Questions? Comments?
If you have questions about use of electronic devices during public meetings,or other local government issues,
please use our Ask MRSC form or call us at(206)625-1300 or(800) 933-6772. If you have comments about this
blog post or other topics you would like us to write about, please email me at jdoherty�mrsc.org;
0
About Jim Doherty
Jim has over 20 years of experience researching and responding to varied legal questions at MRSC. He is the
lead attorney consultant and has special expertise in transmission pipeline planning issues,as well as the issues
surrounding medical and recreational marijuana.
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Strategic Alliance for
S TARRRisk Reduction
N ews from August 2020
Volume ,
Inside this Issue
Technical Assistance Visits
Local
tw
2 CFM Exams offered in Idaho
2 FEMA
Technical Assistance though a phone or virtual visit will be
MitigationReview Visits to Loca I scheduled if needed, particularly
with the COVID-19 limited travel
Communities abilities.
NORFMA 2020 Registration Mitch Paine, CFM—FEMA Region 10 During a CAC, you can expect the
Communities that participate in the FEMA or state staff to review your
NFIP have two primary floodplain management regulations
Online Training Calendar responsibilities: 1) to ensure that to make sure they meet the federal
their floodplain regulations meet and state minimum standards. They
minimum standards and 2) to will also ask for a written standard
regulate development in the operation procedure for your
floodplain according to those floodplain management permitting
regulations. Sounds simple enough, processes. Other topics might
but we all know that it's more include variances, higher regulatory
complex than that. To help with the standards, floodplain mapping, flood
complexity and the challenges, staff insurance, and hazard mitigation
from FEMA and States provide projects. The goal is to try to help
technical assistance in various forms communities and floodplain
to help and make sure communities managers, who often wear multiple
are managing their floodplains well. "hats" of duties, find and implement
Two of the primary mechanisms that the best process for both the
FEMA and State floodplain community's NFIP responsibilities
specialists use are Community and the local need. These visits
Assistance Contacts (CACs) and usually take a couple hours and often
have follow-up actions such as
Community Assistance Visits updating noncompliStrategic Alliance for Risk Reduction ant floodplain
(CAVs). Both are opportunities for regulations.
FEMA Region:10 Service Center FEMA and state staff to walk
through your floodplain management A CAV is more intensive and is
Lynnwood," 98036program in detail and are akin to in- essentially an audit of your
depth technical assistance.Typically, Continued on next page
these are done in person if possible,
40/46
CAC and CAV Visits (cont'd) articles in future issues of the For general information about the
newsletter about specific floodplain CFM Exam & expected offerings,
floodplain management program but management challenges. contact cfinkfloods.oL9 or call(608)
one where the community has the 828-3000.
ability to correct issues with FEMA Mitch Paine is a new floodplain
or state guidance. In addition to a management specialist with FEMA State and Local
review of the local floodplain Region 10 and will be working with
management regulations and the communities in Oregon. He came to Mitigation Plan Guides
topics of a CAC,FEMA or state staff FEMA from King County, WA where Updates
will conduct a field tour of he was the CRS Coordinator and
floodplains in the jurisdiction. They part of the floodplain management FEMA is updating the state and local
will identify a list of development team. Before moving to the Pacific hazard mitigation plan review
activities for which the community Northwest, he was the state guides.These plan review guides are
will have to document compliance floodplain manager for Nebraska. FEMA's official interpretation of the
with floodplain regulations, For more information about requirements for state and local
hazard mitigation plans. FEMA
including all applicable permits. If Community Assistance Contacts & created an online presentation
any violations are discovered, the community will have the opportunity Visits,please visit www.fema.gov. available on YouTube to provide a
to rectify them and FEMA and state Certified Floodplain high-level overview of hazard
staff will help identify solutions. mitigation planning guidance and
CA will cheepally i e identify
the serpartof Manager (CFM) Exam share information on submitting
a da depending on the community, feedback to the existing policies.
y� p g ty� Limited Availability-Idaho Offerings
and require extended follow-up. The "State Mitigation Plan Review
There will be 2 CFM Exam offerings Guide" (March 2015) and "Local
Both of these tools offer the ability in Idaho in September. Due to for communities to improve their COVID-19, there will limited Mitigation Plan Review Guide„
floodplain management program and availability at each location. Those (October 2011) are available on the
get assistance with challenges they interested in taking the exam must FEMA website. FEMA will accept
may be facing. CACs and CAVs are complete an application in advance, ideas and feedback on either current
a big priority for FEMA and offer a in addition to paying the required fee document by sending an email by
way for routine engagement between to ASFPM. Dates are: August 14, 2020 to fema-mitplan-
local governments and federal and ui�pdateskfema.dhs..
state floodplain staff. These also are Sept. 3 2 Boise,ID NORFMA 2020
the best tools to make sure property gam - 12pm
owners are constructing their . Sept.201 Coeur d'Alene,ID Registration is Open
buildings to be safer from flood risks. 1pm - 4pm The Northwest Regional Floodplain
These visits are not the only way to For information about Idaho dates Management Association
get assistance with floodplain issues, and locations contact Maureen (NORFMA) will be holding its
however. You can contact FEMA O'Shea, ID State NFIP Coordinator, annual conference virtually this year,
and State staff for assistance Maureen.OShea&idwr.idaho.gov. September 22-24, 2020. This year's
anytime. And expect to see more theme:"The Path Forward:Reducing
1 Floods,Increasing Resilience."
Newsletter Ideas? Ask the Help Desk Registration is open, and a
discounted rate is available for active
Want to spread the word about The Region 10 Service Center is students: email norfinagnorfma.org
an upcoming event or here to help local community for the student-rate code. Also, a
story?success officials and stakeholders with limited number of scholarships will
you technical,training, mitigation, and be available this year. Deadline for
Articles can be up to 500 wordsmapping questions.
applications is August 25th.• may •_ picEmail RXNewsletter@starr-tures.
Email RegionXHelpDesk@starr- For more information and to
team.com. team.com. register, please visit:
https:llnorfma.org/2020Conference.
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Online Training CRS:Activity 450 Watershed CRS:Changes to Activity 310 -
(AII times Pacific) Management Elevation Certificates
Floodplain Development August 19, 10 am September 16, 10 am
Permit Review Online - 1 CEC Online - 1 CEC
August 6, 9 am NFIP Basics
Online - 1 CEC August 20, 10 am
Inspecting Floodplain Online - 1 CEC To register for online courses,visit
Development Tools for Determining BFE STARR's tra i n i ng s ite:
August 6, 10:30 am August 27, 10 am i.mp/starronIinetraininil-,or email
Online - 1 CEC Online - 1 CEC RXTraininjl-@starr-team.com.
CRS:The Role of the CRS: Preparing an Annual
Community Coordinator Recertification
August 18, 10 am September 15, 10 am
Online - 1 CECs Online - 1 CEC
STARR
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2020 Planning & Zoning Calendar
January April July October
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3
5 6 7 8 9 10 11 5 6 7 8 9 10 11 5 6 7 8 9 10 11 4 5 6 7 8 9 10
12 13 14 15 16 17 18 12 13 14 15 16 17 18 12 13 14 15 16 17 18 11 2 13 14 15 16 17
19 20 21 22 23 24 25 19 20 21 22 23 24 25 19 20 21 22 23 24 25 18 19 20 21 22 23 24
26 2 28 29 30 31 26 27 28 29 30 26 27 28 29 30 31 25 6 27 28 29 30 31
February Ma August November
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 1 2 1 1 2 3 4 5 6 7
2 3 4 5 6 7 8 3 4 5 6 7 8 9 2 3 4 5 6 7 8 8 10 11 12 13 14
9 11 12 13 14 15 10 12 13 14 15 16 9 0 11 12 13 14 15 15 16 17 18 19 20 21
16 17 18 19 20 21 22 17 18 19 20 21 22 23 16 17 18 19 20 21 22 22 24 25 26 27 28
23 25 26 27 28 29 24 25 26 27 28 29 30 23 24 25 26 27 28 29 29 30
31 1 130 31
March June September December
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 2 3 4 5 6 7 1 2 3 4 5 6 1 2 3 4 5 1 2 3 4 5
8 9 10 11 12 13 14 7 9 10 11 12 13 6 7 8 9 10 11 12 6 7 8 9 10 11 12
15 16 17 18 19 20 21 14 15 16 17 18 19 20 13 14 15 16 17 18 19 13 15 16 17 18 19
22 2 24 25 26 27 28 21 22 23 24 25 26 27 20 21 22 23 24 25 26 20 21 22 23 24 25 26
29 30 31 28 29 30 27 28 29 30 27 28 29 30 31
Regular Meetings begin at 7 p.m. in City Council Chambers, City Council Meetings begin at 7 p.m. in City Council
410 Adams Street, City Hall. Chambers,410 Adams Street, City Hall.
Work Sessions begin at 6 p.m. in City Council Chambers, Joint Work Sessions with the Seward/Bear Creek Flood
410 Adams Street, City Hall. Service Area Board at 6 p.m. and are followed by the Planning
and Zoning Commission regular meeting at 7 p.m.
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ugust
A September 2020August 2020 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr
Sa
1 1 2 3 4 5
2 3 4 5 6 7 8 6 7 8 9101112
9 10 11 12 13 14 15 13 14 15 16 17 18 19
16 17 18 19 20 21 22 20 21 22 23 24 25 26
23 24 25 26 27 28 29 27 28 29 30
30 31
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
Jul 26 27 28 29 30 31 Aug 1
2 3 (7:00pm
5 6 7 8
Candidate for P&Z Mtg
Council PackeANCELLED
Submissions
(City Clerk's
Office
9 10 11 12 13 14 15
7:00pm CC Mtg 6:00pm HPC
(Council Regular
Chambers Meetin
6:OOpm
Cancelled-HP
C Work
16 17 18 19 20 21 22
8:00am 6:00pm P&Z 6:30pm CC Work
Candidate for Work Session Session-
Council (Seward CANCELLED
Packets Librar (Council
Deadline(City Chambers
Clerk's Office
23 24 25 26 27 28 29
7:00pm CC Mtg
Cham bers
30 31 Sep 1 2 3 4 5
Council Calendar 1 8/17/2020 9:24 AM
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September October 2020
September 2020 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa
1 2 3 4 5 1 2 3
6 7 8 9 10 11 12 4 5 6 7 8 910
13 14 15 16 17 18 19 11 12 13 14 15 16 17
20 21 22 23 24 25 26 18 19 20 21 22 23 24
27 28 29 30 25 26 27 28 29 30 31
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
Aug 30 31 Sep 1 2 3 4 5
7:00pm P&Z Mtg 12:00pm PACAB
(Council Mtg
Cham bers)
6 7 8 9 10 11 12
6:OOp Labor Day m PC H
Holiday Work Session
(Council
Chamber
7:30pm HPC
Regular
Meeting
(Council
13 14 15 16 17 18 19
7:00pm CC Mtg 6:00pm P&Z 12:00pm PACAB
(Council Work Session Work Session
Chambers) (Council Chambers
Cham bers
20 21 22 23 24 25 26
27 28 29 30 Oct 1 2 3
7:00pm CC Mtg
Cham bers
Council Calendar 2 8/17/2020 9:24 AM
45/46
October 2020 oTu October2020 November2020
SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa
1 2 3 1 2 3 4 5 6 7
4 5 6 7 8 9 10 8 9 10 11 12 13 14
11 12 13 14 15 16 17 15 16 17 18 19 20 21
18 19 20 21 22 23 24 22 23 24 25 26 27 28
25 26 27 28 29 30 31 29 30
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
Sep 27 28 29 30 Oct 1 2 3
4 5 6 J (12:0Opm
8 9 10
7:OOpm P&Z Mtg PACAB 6:OOpm HPC
(Seward tg Work Session
Librar (Council
Chamber
7:30pm HPC
Regular
Meeting
(Council
11 12 13 14 15 16 17
7:OOpm CC Mtg
(Council
Chambers
18 19 20 21 22 23 24
Alaska Day City Holiday 6:OOpm P&Z 12:OOpm PACAB
Work Session Work Session
(Council Chambers
Cham bers
25 26 27 28 29 30 31
7:OOpm CC Mtg
Cham bers
Council Calendar 3 8/17/2020 9:24 AM
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