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Planning Commission Committee of the Whole

Regular Meeting

Juneau, AK · August 26, 2020

AgendaPacketMinutes

Minutes

Minutes Planning Commission Regular Meeting CITY AND BOROUGH OF JUNEAU Michael LeVine, Chairman August 25, 2020 I. ROLL CALL Michael LeVine, Chairman, called the Regular Meeting of the City and Borough of Juneau (CBJ) Planning Commission (PC), held in the Assembly Chambers of the Municipal Building, to order at [7:02 p.m.] Commissioners present: All Commissioners present via video conferencing – Michael LeVine, Chairman; Nathaniel Dye, Vice Chairman; Paul Voelckers, Clerk; Travis Arndt, Assistant Clerk; Dan Hickok; Weston Eiler; Josh Winchell; Erik Pedersen Commissioners absent: Ken Alper; Staff present: Jill Maclean, CDD Director; Laurel Christian, CDD; Irene Gallion, CDD; Emily Wright, LAW Assembly members: Greg Smith II. REQUEST FOR AGENDA CHANGES AND APPROVAL OF AGENDA -Mr. Levine noted the supplemental materials are from the previous meeting and there are no new materials III. APPROVAL OF MINUTES A. July 28, 2020 Draft Minutes – Planning Commission Committee of the Whole Meeting MOTION: by Mr. Voelckers to approve the Planning Commission July 28, 2020, Planning Commission Committee of the Whole Meeting minutes. IV. BRIEF REVIEW OF THE RULES FOR PUBLIC PARTICIPATION Mr. Levine explained there would be an opportunity for public comment and public members could use the raise hand function PC Regular Meeting August 25, 2020 Page 1 of 7 V. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS- none VI. ITEMS FOR RECONSIDERATION- none VII. CONSENT AGENDA Mr. Pedersen declared he had a conflict as he had past involvement and could potentially be a signatory on the final plat and was recused. SMF2020 0002: Final plat approval for a phased major subdivision creating 14 lots and 1 large tract for further subdivision (15 lots total) Applicant: Bicknell, INC. Location: Yandukin Drive Staff Recommendation Staff recommends the Planning Commission adopt the Director's analysis and findings and APPROVE the requested final plat. The notice of decision would allow the final plat approval for a phased major subdivision creating 14 lots and 1 large tract (15 lots total). MOTION: by Mr. Winchell to accept staff’s findings, analysis and recommendations and approve SMF2020 0002. The motion passed with no objection. VIII. UNFINISHED BUSINESS Mr. LeVine explained that at the last meeting they had completed the public and applicant participation portions of the process leaving questions for staff and commissioner discussion to be done before going to a vote. Ms. Maclean spoke to apologize to the Commission and to the applicant stating that in hindsight after reviewing the staff report and application, with no new information, she took back her statement made at the last meeting regarding the recommendation and said she stands by her original recommendation to reduce from 13 to 4 parking spaces. Mr. LeVine explained the two items would be considered together as had been done at the previous meeting. Mr. Dye asked for clarification as to whether participants are required or suggested to commit to the six-month minimum stay. Ms. Maclean confirmed that residents could not be required to stay for six months but they are encouraged to do so. Ms. Gallion added that individuals who are not willing to commit to at least six months will not be invited to participate in the program. PC Regular Meeting August 25, 2020 Page 2 of 7 Mr. Voelckers said the staff report stated residents would not be allowed vehicles but the applicant had said they would be allowed. He asked for clarification. Ms. Gallion explained while a resident might own a vehicle, it would not be allowed on site. She reminded commissioners these residents are reentrants and it is not likely they will be able to afford to own a vehicle right out of incarceration. Mr. Arndt asked even though the applicant says residents will not have a car there, how can CBJ apply that statement within the Code? Would an applicant for other multifamily projects also be able to obtain a parking waiver like this? Ms. Maclean explained if the project is outside of PD1 PD2 or Fee-in-lieu district area then they can apply for parking waivers. Mr. Arndt asked if the CBJ has a way of enforcing the waivers. Ms. Maclean answered that the effect of the waiver is to reduce the number of spaces required. There is no recourse if it turns out that more spaces were necessary. There would only be recourse if the applicant provided less than the number of spaces in the waiver. If the waiver reduces the requirement to four spaces and the final project has less than four, THEN there would be a violation. Mr. Hickok asked if they could condition no tenant-owned vehicles allowed on premises except for that belonging to staff. Ms. Wright explained the commission could do so but would have to state the why. Mr. LeVine asked Ms. Maclean how a condition like this would be enforced. Ms. Maclean said the enforcement issue would be how to determine who owns which vehicles parked on site. Mr. Winchell asked if the Commission has the authority to limit the tenants from parking on-site. Ms. Wright said you can condition a parking waiver but must tie it to Title 49. Mr. Pedersen expressed concerns regarding these being modular home units and suggested modifying the finding in some way to state these are not mobile homes. USE2020 0018: A Conditional Use Permit for Transitional Housing Applicant: Northwind Architects LLC Location: 1921 Allen Court Staff Recommendation Staff recommends the Planning Commission adopt the Director's analysis and findings and APPROVE WITH CONDITIONS the requested Conditional Use Permit. The permit would allow the development of transitional housing at 1921 Allen Court. The approval is subject to the following conditions: PC Regular Meeting August 25, 2020 Page 3 of 7 1. Prior to issuance of a temporary certificate of occupancy, wheel stops or striping shall be placed in the parking lot to define the location of parking spaces, and all necessary ADA striping and signage will be installed. 2. Prior to the issuance of a temporary certificate of occupancy, all pavement markings, including directional arrows, parking space stripes, and other markings shown on the project site plan, shall be applied to the parking and circulation area shown on the site plan in a medium designed for such purposes. 3. Prior to issuance of a building permit, the applicant must submit documentation to demonstrate that all applicable parking code requirements have been met, in conformity with CBJ 49.40.200. 4. Prior to the issuance of a temporary certificate of occupancy, one or more covered bicycle racks providing spaces for at least four (4) eight (8) bicycles shall be provided. The rack(s) shall be permanently affixed to the ground, building, or other permanent fixture, and shall be located so that parked bicycles do not encroach into a pedestrian walkway or vehicle area. Covered bicycle racks shall, at a minimum, be designed in accordance with the standards listed in the Juneau Non-Motorized Transportation Plan. 5. Prior to issuance of a building permit, the applicant shall submit a lighting plan illustrating the location and type of exterior lighting proposed for the development. Exterior lighting shall be designed and located to minimize offsite glare. Approval of the plan shall be at the discretion of the Community Development Department, according to the requirements of CBJ 49.40.230(d). 6. Prior to issuance of a temporary certificate of occupancy , fencing will be installed around the property to limit access to a single point of entry/exit from the property. MOTION: by Mr. Pederson to accept staff’s findings, analysis and recommendations and approve USE2020 0018 with an amendment to change staff finding Number 2 by adding “The proposed modular housing units are not considered mobile homes.” Mr. Eiler asked for staff what the Code definition is for mobile homes. Ms. Maclean paraphrased the land use code saying it is antiquated and basically means a detached residential dwelling unit designed for transportation after fabrication on streets/highways on its own wheels or on a trucker trailer, so on and so forth. MOTION: by Mr. Dye to amend Condition 4 increasing required bicycle parking spots from four (4) to eight (8). PC Regular Meeting August 25, 2020 Page 4 of 7 The motion to amend passed with no objection. MOTION: by Mr. Dye to amend the add a condition 6 stating “Prior to issuance of a temporary certificate of occupancy , fencing will be installed around the property to limit access to a single point of entry/exit from the property”. The motion to amend passed with no objection. Mr. LeVine spoke in favor of the motion stating he is glad to see CARES money being put to good use. The amended motion passed with no objection PWP2020 0003: A Parking Waiver to reduce the number of required spaces from 13 to 4 Applicant: Northwind Architects LLC Location: 1921 Allen Court Staff Recommendation Staff recommends the Planning Commission adopt the Director's analysis and findings and APPROVE the requested parking waiver. The permit would reduce parking requirements from 13 off-street parking spaces to four six for transitional housing. MOTION: by Mr. Voelckers to accept staff’s findings, analysis and recommendations and approve PWP2020 0003 with an amendment to change it from a reduction to four (4) to six (6) parking spaces. Mr. Voelckers spoke to his motion explaining when they looked at the site plan there was space for more than the requested four spaces without detriment to the site. He added this would be more in line with the comparison of similar projects in other communities included in the staff report. Mr. Hickok spoke in favor of the motion adding that he does not want to stop someone from owning a vehicle. Mr. Arndt spoke against the motion saying that he thinks the residents should be encouraged to work toward earning and owning a vehicle. He felt it could be left up to the applicant to restrict who can park in the spaces but it should not be up to the commission to do so. He is not in favor of the waiver. Mr. Winchell spoke in favor of the motion increasing the spaces from four to six stating the extra spaces could be used by auxiliary staff including probation officers, other officials, officers, and additional staff. PC Regular Meeting August 25, 2020 Page 5 of 7 Mr. Dye spoke in favor of the motion saying he was reluctant except for the increase from four to six spaces. Mr. Pedersen spoke to support the motion citing the increase to six spaces as a good compromise. Mr. LeVine noted an error on the staff report. The statement “residents will not be allowed to own a vehicle” is in error and the commission will not be relying on that statement. He also supported the increase to six required spaces. Roll Call Vote: YES: Mr. Voelckers; Mr. Dye; Mr. Winchell; Mr. Pedersen; Mr. Eiler; Mr. Hickok; Mr. LeVine NO: Mr. Arndt The motion passed 7 to 1 Recess 8:03 pm to 8:08 pm IX. REGULAR AGENDA – none X. BOARD OF ADJUSTMENT – none XI. OTHER BUSINESS – none XII. STAFF REPORTS Ms. Maclean reported • The planned joint meeting between the Planning Commission and the Assembly was planned for August 31. However, that has been cancelled and will be rescheduled for January or later. • Title 49 needs to be scheduled. Thursdays at Noon may be an option. • There is a need to reschedule a Governance meeting. • The Assembly approved the flood plain maps and they go into effect on September 18th. Mr. LeVine commented on the update on the Staff Report format saying that it looks like they’ve done a nice job. Mr. Voelckers asked about the proposal to change the deadline for accepting public comments. Ms. Maclean explained the Pre-Covid deadline was Noon on the Friday prior to the Planning Commission meeting. Since COVID, they have been accepting public PC Regular Meeting August 25, 2020 Page 6 of 7 comments up to and through the public hearing on the night of the meetings. The Department would propose a deadline of Noon on the Monday prior to the Tuesday Ms. Wright gave an update on Lee vs Vertical Bridge. Oral arguments before the assembly is scheduled for September 2 via Zoom. XIII. COMMITTEE REPORTS Mr. Dye reported Blue Print met last week and will meet again next week. Mr. Hickok reported Lands Committee met in the last week and one of the items discussed was the Transitional Housing project that was heard at tonight’s meeting. Ms. Maclean added the Committee discussed Upstairs/Downtown, Parking, and introduced the Tax Abatement Ordinance. XIV. LIAISON REPORTS Mr. Smith reported Assembly activities and issues lately include: • Systemic Racism Review Committee passed last night • Bond proposals • Business Sustainability grants round 2 and 3 Issues that have been brought to him that may be of interest to the Commission are • A local business owner has mentioned the parking requirement has posed problems for them to develop and Mr. Smith is glad to see the Commission is working on that • Historic building improvements XV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS – none XVI. PLANNING COMMISSION COMMENTS AND QUESTIONS Mr. LeVine reminded members the Committee of the Whole meeting will follow this meeting. Mr. Voelckers asked about upcoming meetings for Auke Bay. Ms. Maclean said it is a possibility for September 22. XVII. EXECUTIVE SESSION – none XVIII. ADJOURNMENT 8:30 pm PC Regular Meeting August 25, 2020 Page 7 of 7

Agenda

Packet Page 1 of 4 Agenda Planning Commission - Committee of the Whole City and Borough of Juneau August 25, 2020 Virtual Meeting Only 7:00 PM This meeting will immediately follow the Regular Planning Commission meeting. This virtual meeting will be by video and telephonic participation only. To join the webinar, paste this URL into your browser: https://juneau.zoom.us/j/98448578917. To participate telephonically, call: 1-346-248-7799 or 1-669-900-6833 or 1-253-215-8782 or 1-312-626-6799 or 1-929-436-2866 or 1-301-715-8592 and enter Webinar ID: 984 4857 8917. I. ROLL CALL II. REGULAR AGENDA A. Board Protocols/processes III. OTHER BUSINESS IV. REPORT OF REGULAR AND SPECIAL COMMITTEES V. SUPPLEMENTAL MATERIALS A. Additional Materials Packet for August 25, 2020 Committee of the Whole VI. ADJOURNMENT

Packet

Packet Page 1 of 4 Agenda Planning Commission - Committee of the Whole City and Borough of Juneau August 25, 2020 Virtual Meeting Only 7:00 PM This meeting will immediately follow the Regular Planning Commission meeting. This virtual meeting will be by video and telephonic participation only. To join the webinar, paste this URL into your browser: https://juneau.zoom.us/j/98448578917. To participate telephonically, call: 1-346-248-7799 or 1-669-900-6833 or 1-253-215-8782 or 1-312-626-6799 or 1-929-436-2866 or 1-301-715-8592 and enter Webinar ID: 984 4857 8917. I. ROLL CALL II. REGULAR AGENDA A. Board Protocols/processes III. OTHER BUSINESS IV. REPORT OF REGULAR AND SPECIAL COMMITTEES V. SUPPLEMENTAL MATERIALS A. Additional Materials Packet for August 25, 2020 Committee of the Whole VI. ADJOURNMENT Packet Page 2 of 4 Additional Materials Regular Planning Commission Meeting Assembly Chambers 7:00pm Meeting Date: August 25, 2020 1. Rules of Order Cheat Sheet Packet Page 3 of 4 RULES of ORDER CHEAT SHEET After Commissioner questions -- a motion 1st = Planning Commission Rules must be made before debate on the motion 2nd = Robert’s Rules can start. Rule 8 and 9; Roberts Rules of Order. 3rd = Common Sense Making a Main Motion Making an Amendment PC Rule 11 PC Rule 11 Robert’s Rules of Order Robert’s Rules of Order FIRST: Primary Motion Made FIRST: Main Motion made I move ______________. NEXT: A Commissioner may make an amendment to the main motion. Ex. I move to approve WCF 1234 as presented by the Director of CDD and ask for unanimous An amendment may consent. 1. Add words or phrases 2. Strike words of phrases Ex. I move to approve WCF 1234, striking condition 3. Substitute words or phrases 1 and 2. An amendment must be relevant to the Ex. I move to approve WCF 1234, amending the underlying motion; it cannot negate the action findings in item A to state “XYZ.” of the underlying motion. *Think about this question … What does “amend” mean? NEXT: Discussion and Debate on the Motion Ex. I move to amend the motion to If you have made a motion and subsequent approve WCF1234 as presented by the discussion changes your mind – you may amend Director, by removing the sunset your own motion or withdraw it and yield the floor clause. to another Commissioner to make a new motion. This must be done before the Chair restates and Ex. I move to amend the motion to calls for a vote. Once a vote is called, a vote must approve WCF1234 as presented by the be taken. Director, by striking conditions 1 and 2. *After discussion and debate on the motion, FINALLY: The Chair will call a vote. you may modify or amend your own motion or withdraw it completely. If your main motion fails, a new main motion should be made. Best practice is one amendment at a time. *Note: keep in mind that if you are confused – If a main motion passes (for permit approval), a someone else likely is too! NOD will be signed by the Chair and provided to the Clerks. *After a main motion passes, a Commissioner may Motion Do’s and Don’ts provide “notice of reconsideration” per Rule 15. A motion for reconsideration, if made, would be DO write down your motions so they are clear. taken up at the next meeting unless there is a DO ask for a short recess if you need time to motion for immediate reconsideration (per Rule formulate a motion or want to talk to the 13), which is taken up immediately. attorney. DON’T make a “friendly amendments.” Robert’s Rules on Positive Motions = DON’T make seconds. DON’T propose an amendment that is the exact Ex. I move to approve XYZ, and ask for a no vote. opposite of the original motion; just vote. Ex. I move to approve XYZ, and ask for a yes vote. DON’T add in advisory conditions – a condition Make a record, explain why yes or no must be within the PC’s purview and recommendation. enforceable. Packet Page 4 of 4 Order of the Meeting – AGENDA ITEMS 1. Chair Calls the Agenda Item 2. Staff Report Presented 3. Questions for the *Staff Person Who Presented 4. Applicant Presentation (10 minutes) Asking Questions 5. Questions for the Applicant 6. Public Testimony (questions for the public) PC Rule 8 7. Applicant Closing Statements 8. Questions for Staff (all CBJ staff – NOT the • Is it a question or a applicant, ex. Applicant = Lands) *No discussion statement? 9. Chair Calls for a Motion • Are you asking the right 10. Motion on the Agenda Item Made (And ask to person? Speak on Motion) • Has the question already 11. Commissioner Who Makes the Motion May Speak been asked? to the Motion if he/she wishes • What finding or 12. Chair will ask if there are Objections recommendation does your 13. Objections Made (if any) question relate to? 14. Commissioner who makes the Objection May • Is your question relevant to Speak on the Objection the decision you being asked 15. Comments and Discussion by Commissioners to make? 16. Amendment(s) Offered if Any (follow #10-13) • Is your question relevant to 17. Chair will Call for the Vote Title 49? 18. Chair will Restate the Question on the Table • Is your question relevant to a 19. Vote Taken on Amendment(s) public comment that you 20. Vote Taken on Original Motion received? • Is your question a legal FRAMING QUESTIONS AND MOTIONS question or a staff question? Always refer back to your purview – stay on track and Note: keep in mind that as make a record – you review the packet if you have questions that may Title 49, Title 53, or other as designated by CDD need research – you can contact CDD or Law ahead of If it is not clear, ask CDD staff what your decision points time. We will disclose the are or what the controlling code provisions are. question and answer at the meeting to ensure everyone Declaring a Conflict has access to the Code provision = 01.45, 01.45.005, 01.45.008 information. Question: Is it substantial personal interests or substantial financial interests? Is it substantial and material or is it inconsequential and unavoidable in a free society? CALL the CBJ attorney before the meeting to discuss your potential conflict. When in doubt, declare it. When to declare? On consent agenda = after the Chair calls the consent agenda. On regular agenda = after the Chair calls the regular agenda item.