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HomeMy WebLinkAbout04072009 Planning & Zoning MinutesCity gj,S~~~rarcZ Aluska ~rn~i! '. 2009 ('all to Order Plunr~i~~~g (birtmissioi'+ d4ireu/e.r Volume 6, Page 318 The April 7. 2009 Regular Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Roach'. Opening Ceremony Commissioner Stauffer led the Pledge of Allegiance to the flag. Roll Call There were present: Sandie Roach' presiding, and Sue McClure Cindy Ecklund Steven Heinrich Tena Morgan comprising a yuoruiro of the Commission; and Christy 'ferry, Community Development Director Anne Bailey, F;xecutive Liaison City Administration Report Christina Staul7er Community Development Director Christy Terry updated the Commission of the [ollowing business items: • The City Voice Over IP system was implemented on April 4, 2009 and asked everyone to be patient during this transition. • A flood Plain Variance request had been submitted to the City for construction of a hanger at the airport. • A Flood Plain Development Perrnil had been applied for the She1tler Creek/Dairy Hill culvert replacement and the t7sh ditch improvements. The City had work with the Kenai Water Shed l~orwi~ on these proposed projects and stimulus a ant application. • Two Special Meetings were scheduled in regards to the Japanese Creek levee on April 13, ?009 and April f 4. ?009. • The Highway would be closed April 24-27, 2009. ]nspection dates throughout the summer were being scheduled closing the highway to commercial vehicles. The City was working with the Department of Transportation on coordinating times that least impacted Seward, • Bob Hicks continued to work on Title 15 updates and hoped to have this go before the Commission in May. • Kerry Martin had completed the raw data and updates for the Municipal Land Plan and more work had to be done to complete the plan. City o(Sewrn•cf. Ala.rkct Anril '. 2009 Phmning Commission A4inules Volume 6. Pt~xe 319 • Community Development with Public Works had submitted a letter of intent to apply for a grant to solve drainage problems in the Mill Street/Vista Avenue area. "I'he Grant luuds obtained from the Borough for this project provided the initial funding need for engineering to apply for the grant. • Flood Plain Development permit was issued to Afognak Construction to extract gravel 1}om Japanese Creek. • Long Term Care Facility progress was going well and the project was not exceeding the budget designated by Council. Other Reports, Announcements & Presentations - l~hree complaint calls had been received regarding camping in the yard. Citizens' Comments on any subject except those items scheduled for Public Hearing - Nonc Approval of Agenda and Consent Agenda - Motion (McClure/Heinrich) Approve the Agenda and the Consent Agenda Eckhald pulled the February ] 7. 2009 meeting minutes. Motion Passed as Amended Unanimous The following items were approved on the Consent Agenda: Resolution 2009-07 granting a second six month extension to Conditional Use Hermit No. 2008-03, issued to Nathan Orr for the remodel and construction of a 34 unit motel on Lot 3A, Block 18, federal Addition, Orr Replat, 909 fourth Avenue within the Central Business District Special [tems- Election of Chair and Vice Chair Election of Chair and Vice-Chair Motion (McClure/Ecklund) Roach' opened the floor liar Chair nominations. Elect Commissioner Roach' as Chair Seeing no further nominations, nominations were closed. City ~~j:Sew~arcf, Alaska April .'. 2009 Motion Passed Motion (EcklundlStauffer) Motion Passed Plawrriizg Coinniissioia A4inie~es N"olunie6, Page 320 Unanimous Consent Roach° opened the floor for Vice-Chair nominations. Elect Commissioner McClure as Vice Chair Seeing no further nominations, nominations were closed. Unanimous Consent Unfinished Business Items requiring a Public Hearing -None New Business Items requiring a Public Hearing- RESOLUTION 2009-OG granting a Conditional Use Permit to Bennis and Mary Bailey dba D & M Properties, to operate nightly lodging within two multi-family dwelling apartment structures on Lots 23-34, Block R, Laubncr Addition located at 1104 Fourth Avenue within the Harbor Commercial Zoning District „~ Terry reviewed Resolution 2009-06 stating we had just gone through a code change regarding this item allowing this use with a Conditional Use Permit (CUP) in the Harbor Commercial Zoning District. She reviewed the restrictions placed on the CIJP and stated the applicants were in the audience. In response to Stauffer, Terry stated the applicants could respond to how many tenants were currently occupying the buildings. [n response to Roach's questions, Fire Chief Squires defined transient housing as it related to the building code and the difference between Rl, R2, and IZ3 residential zoning. He explained why this building if built today would not meet the code for transient housing, the difference between the Seward code and others throughout the state regarding multi-family housing being used as transient housing, what the fire wall standard was fir the structure, that three fires had occurred in the condominiums, why this building did not require a sprinkler system, and discussed intended uses and why this was not considered transient lodging. In response to Heinrich, Squires clarified the fire and building department did not have a problem with this Resolution as long as the occupancy did not change the residential status. Terry referred to the planning and zoning code section 15.10.2259 explaining why the CUP limited the owners to live units per building. In response to Ecklund, Squires stated they would inspect the units that would be used for City o1:Seward, Alnsk~ ,ap~~~r~~, zoos nightly lodging. /'lunnrng Cummissinn Minutes Valutue 6, Pale 321 Terry indicated that the number of units used for nightly lodging could be altered in the CUP. hi response to Roach', 'ferry stated the next owners would be able to continue the use of the properly unless there was a change. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Nathan Orr, inside City limits, voiced his concern with public safety for nightly lodging in this building and stated this was a change of use for the building. Ile discussed the sprinkler requirement for other lodging facilities and thought the I larbor Lights condo should be retrofitted with sprinklers. DJ Whitman, inside City limits, voiced his concern with life safely and taking an old building and changing the occupancy. He discussed the access and egress of a three story building and thought the Commission needed to take a serious look at this. Dennis Bailey, inside City limits, stated they had owned the building for three years and did not want to do a daily rental. I le explained they had lost $60,000 last year trying to do annual rentals and asked to have one unit with the option to rcpt out daily. He discussed the insulation of the building and noted they would like to stay in Seward. Mary Bailey, inside City limits, said they had thought of the safety concerns of their tenants, hoped to work with the Fire Department, and noted bed and breakfasts were less safe then this building. She continued they had met the requirements requested of them by the Cily and Commission and they could not afford to sprinkle the building. No one else requested to be heard and the public hearing was closed. Motion (Heinrich/McClure) Approve Resolution 2009-06 In response to Heinrich, Squires stated if they stayed with the same occupancy there was not an increased amount of danger. Squire continued that they would do annual inspections on lhis unit issuing a permit for one year. In response to Gcklund, Squires stated there was another three story bed and breakfast and stated the only requirements were an exit door or egress window from the sleeping area. }le explained some owners had purchased escape ladders but this was not a code requirement. In response to Roach', "ferry stated a precedence was not being set by doing this for other businesses. Crty nJ',Sei~~crrcl, Alraskn Plurzniiag Conzmissiurr AAiniues April 7, _'009 Volume h, PnYe 322 In response to Ecklund, Terry slated the limit of apartment writs used for nightly lodging could be changed in the CUP to any number less than five. [n response to Morgan, "Gerry explained the code for house rentals, when a lodging permit was required, and the code detinition of amulti-family dwelling. Squires explaiued that the fire and planning and zoning codes differed. Roach' continued to discuss the concept of lodging. Roach' suspended the rules to allow Mary Bailey to speak. In response to Roach', Bailey slated a kitchen and some food would be provided to prepare meals. Motion (Ecklund/Heinrich) Amend Section 1. Number 6 by adding a new condition number 2 stating, "The knightly lodging within they Harhor Lights Apartments will he limited to one apartment unit (per building)." Roach' suspended the rules to allow the Bailey's to speak. Mary Bailey clariticd that these were condominiums not apartment buildings. In response to Mary Bailey, Roach' stated she had received comments concerning 5 units per hailding being used for nightly lodging and had received several about superseding the hre code. 2oach' thought this was a tire safety issue. Terry commented the Fire Chief was the final deciding body on the lire code and had supported this Conditional lJse Permit. She continued if there were more concerns this could be postponed and a work session could he set. The Board further discussed if there was a legitimate reason to limit nightly rentals to less than 5 units, what the owners original intent was, other multi-family dwellings that had been turned into nightly rentals, the reason Ecklund proposed the amendment, and whether the Commissioners supported this amendment. Motion Passed Yes: Ecklund, McClure, Roach', Stauffer No: Heinrich, Morgan Main Motion Passed as Amended Yes: Ecklund, 1lcinrich, McClure, Morgan, Stauffer No: Roach' The Commission recessed at 8:49 p.m. and reconvened at 8:52 p.m. City oJ'Sex~ard, ~iGa.eka Arn~il ?. 2009 Planning Commission ~Llinxdcs Volume G, PaKe 32 3 RESULUT[ON 2009-08 granting a Conditional Use Permit to Icicle Seafoods to allow modified cargo containers used as temporary structures to serve as employee living quarters/bunkhouses within the existing employee carn~rourr~Fs on Lot 2, Block 3, Leirer Industrial Subdivision within the Industrial Zoe[r[~g {Yrstrict Terry reviewed Resolution 2009-08 stating Elaine Bardarson acting as the agent for Icicle Seafood was applying for a Conditional Use Permit; she reviewed the conditions placed on the modified cargo containers, and recommended approval of this resolution. In response to Stauffer, Terry stated Icicle currently provided employee campground U- shaped tents on-site, utilized City campgrounds, and AVTEC Housing. Squires explained these structures would have to meet all building code requirements and discussed the requirements in detail. He noted these temporary strtctures would have to be removed from the rile. In response to Heinrich, Squires stated these could be stacked to 34 feet but exit requirements would have to be tact. hi response to Ecklund, 'ferry stated Blaine Bardarson had received a letter approving him as the agent for Icicle Seafoods, a fee was paid for the Conditional Use Permit, and the 2006 Conditional Use Vermit was ^o longer in effect due to lack of funding. fn further response to Ecklund, Squires discussed the length of time temporary buildings were allowed per the building code, planning and zoning code, and electric code. Terry explained the floor plan and stated gunning water would not be included. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Blaine Bardarson, inside City limits, stated the cargo containers would not be stacked and that this was an answer to a problem but not the ideal solution. He described the poor living conditions the employees currently resided in, clarified he did not work for Icicle but had presented this idea to them, and explained the cargo living quarters In response to Stauffer, Bardarson stated the conex's would be painted a light color, the ceiling height was 9 feet, the conex's would be insulated to prevent condensation, and the front door had a window to allow air flow. In response to McClure, Bardarson would ideally like 30 of these units. In response to Ecklund, Bardarson stated the tents in the current location are removed in the winter, khe.cargo traits would he stored in the winter on his property in the Industrial area, once ....o Icicle no longer needed these they would be outsourced, and they would not be stacked when Cilt~ oJ:Se»~arc(, Alaska ~1 rn•il 'r. 2009 stored. Planrirng Commission Mrnute.r NohEme h, Paxe 3 2 4 Roach' commended Bardarson for coming up with a positive solution improving the safety of the community. Ecklund commented she was not in favor of this project and asked if there was discussion of a buffer zone. Roach' interjected a landscape plan had been discussed in the Industrial area but the plants would not grow. Bardarson stated the tents would still be there and money was not taken out of the employees' wages to live in the tents. No one else requested to be heard and the public hearing was closed. Motion (Heinrich/Stauffer) Approve Resolution 2009-08 In response to Ecklund, Terry stated the 90 day temporary power would he addressed in the permitting process. Squires interjected if there was a change or more restrictive requirements they would follow that. In response to McClure, Ecklund stated she had received public connnent on this issue. ..~. Motion Massed Yes: Heinrich, McClure, Morgan, Roach', Stauffer No: Ecklund Unfinished business Confirmation of the Commission's Wishes on the Flood Plain Ordinance Update Terry explained the Flood Plain Ordinance had been discussed at two work sessions and a regular meeting and asked the Commission to provide a formalized recommendation. She stated McClure and Stauffer had attended the Flood Plain "Task Force meetings and what had been discussed. She suggested the Commission set a sunset clause to update the City Ordinance. McClure clarified the Flood Plain Task Force had not addressed the Borough Flood Plain Ordinance. She noted Borough Resolution 2009-09 had been passed and agreed the Commission should set a sunset clause to review the City ordinance. Stauffer stated a presentation on the Task Force progress was given at the Flood Board and she agreed with Terry that the City has some flooding issues that needed to be addressed. She stated the FF,MA maps should be received in June and should be considered as the sunset clause. Cil}~ o/~Se~~ard, .91a.rkn Planning Cnuzrnlssion Minr~Jes April 7. ?009 6'ularme 6, Page 325 Roach' staled she had been inclined to move forward with the City Flood Plain Ordinance. but had not considered the F EMA maps. "berry agreed with Stauffer's recommendation and the timing could work if the Commission began to review ~fitle 15 at the second Work Session in May. Motion (Eckluud/Hectare) Continue with the updates of Title 15 and review the Flood Plain Ordinance in order of that review Motion Passed tinanimous Consent New Business - Discuss the planning and Zoning priorities in preparation for the Council and Commission joint work session scheduled fur April K, 2009 at G:00 p.m. 'Derry explained this was the annual joint work session with Council and staff had gone through and provided updates to the Commissions priorities shown in Resolution 2008-09. In response to Ecklund, Terry stated the City Manager had been directed to update the Code. Terrv addressed the Alaska Railroad Master Plan and stated handouts would be available al the meeting. The Commission discussed enforcement versus compliance, what procedures the City cun-cntly followed, and if this would qualify for stimulus funding. In response to Heinrich, Terry explained the Nash Road Bench Study. Discuss and set possible Commission work session for April 21, 2009 Terry stated there would he a Special Meeting on April 21, 2009 at 7:30 p.m. and suggested a Work Session be scheduled at 6:30 p.m, to continue discussion of the Comprehensive Plan. By general consensus, the Commission set a work session Crom 6:30 p.m. to 7:30 p.m. on April 21, 2009 to discuss the Comprehensive Plau. Februauy 17, 2009 Special Meeting Minutes Ecklund noted I toward Ferrett's name was spelled incorrectly and Terry suggested Comp Plan he changed to comprehensive plan. Crh~ uJ .SeH~ard, Alaska April 7, 2009 Motion (McClure/Ecklund) Motion Passed as Amended Plannrn~ Commission ,1~lArzuer D't~hutte G, Pack 32 h Approve the February 17, 2009 Special Meeting Minutes Unanimous Consent Informational Items and Reports (_~Vo action required] -None Commission Comments - Staufter clarified the money for the Mill Slrect drainage problem was through the Borough but belonged to the tax payers of the Seward/Bear Cxeek Flood Service area. Heinrich thanked Chief Squires for attending. Morgan congratulated Roach' and McClure on their appointments. Gcklund discussed the hunting resolution going before Council, having Icicle build a bunkhouse for their employees, and congratulated Roach' and McClure. In response to Roach', 'Gerry stated the Hunting Resolution would be on the April 13, 2009 Council meeting agenda. McClure thanked the Commission for electing her, encouraged everyone to read the hunting ordinance, stated she would not be able to attend the May 7, 2009 meeting, and the Community Choir Concert was scheduled nn May 14, ?009. Roach' thanked the Commission for re-electing her and the public/staff for attending. "I'crry commented the Planning and 'Coning meeting in May was ou a Thursday and she would email the notice regarding Borough Resolution 2009-09. Citizens' Comments - Nonc Commissions and Administration Response to Citizens' Comments -None Ten-y thanked the Commissioners for being prepared for the meeting. Adjournment Meeting adjourned at 10:0? Anne Bailey Executive Liaison (City Scal) p kip £+r~o,~ -~ ~ ~ _ `~,QO~~ ~', ~~ SA if' '° •~~Abaw ~ ! aer+ ~1 fL/ , Sandie Roach' Chair