Planning Commission

CITY AND BOROUGH OF SITKA Minutes - Final Planning Commission Wednesday, August 17, 2022 7:00 PM Harrigan Centennial Hall I. CALL TO ORDER AND ROLL CALL Roll Call: Chris Spivey (Chair), Darrell Windsor, Stacy Mudry, Katie Riley, Thor Christianson (Assembly liaison) Absent: Wendy Alderson (excused) Staff: Amy Ainslie, Kim Davis Public: Brett Haavig, Christa Teichmann, Eric Speck, Randy Hughey, John Leach (Municipal Administrator), Kevin Knox (Assembly), Kevin Mosher (Assembly), Ariadne Will (Sentinel) II. CONSIDERATION OF THE AGENDA III. CONSIDERATION OF THE MINUTES A PM 22-15 Attachments: 13-August 3 2022 DRAFT M-Windsor/S-Riley moved to approve the August 3, 2022 meeting minutes. Motion passed 4-0 by voice vote. IV. PERSONS TO BE HEARD V. PLANNING DIRECTOR’S REPORT Ainslie reported there would be no Planning Commission meeting on September 7th and the next meeting will be on September 21st. On August 18th, there would be a special Assembly meeting on commercial operations at CBS facilities with a focus on Harrigan Centennial Hall the permitting processes and fees. The traffic consults hired to conduct the downtown area traffic study were able to observe traffic patterns on Lincoln Street during closure days and on light tourist non-closure days while they were in town the week of August 8th. The Chamber of Commerce invited Roger Brooks to town to provide a destination assessment, an objective viewpoint of the community through the eyes of a first-time visitor. He presented on where the community was doing well and areas that need improvement. VI. REPORTS VII. THE EVENING BUSINESS CITY AND BOROUGH OF SITKA Page 1 Planning Commission Minutes - Final August 17, 2022 B P 22- 04 Public hearing and consideration of a final plat for a minor subdivision to result in two lots at 728 Indian River Road in the R-2 MHP multifamily/mobile home district. The property is also known as Lot 10, Indian River Land Subdivision. The request is filed by Brett Haavig. The owners of record are Brett Haavig and Amanda Johnson. Attachments: A_P 22-04_Haavig_728 Indian River Road_Minor Sub_Aerial B_P 22-04_Haavig_728 Indian River Road_Minor Sub_Current Plat C_P 22-04_Haavig_728 Indian River Road_Minor Sub_Final Plat D_P 22-04_Haavig_728 Indian River Road_Minor Sub_Photos E_P 22-04_Haavig_728 Indian River Road_Minor Sub_June 15 2022 Meeting Minutes F_P 22-04_Haavig_728 Indian River Road_Minor Sub_Applicant Materials P 22-04_Haavig_728 Indian River Road_Minor Sub_Staff Report Ainslie introduced final plat approval for a minor subdivision at 728 Indian River Road. This was a minor subdivision creating two lots which would be 4800 square feet, smaller than the 6000 square foot minimum lot size in the R-2 MHP district. Access and utilities were available from the Indian River Road right-of-way. The property already had two stub-outs for water and sewer service. Staff recommended approval. The applicant, Brett Haavig, was present. He did not provide any other testimony. Commissioners had no questions for the applicant or discussion. M-Windsor/S-Mudry moved to approve the final plat for a minor subdivision to result in two lots at 728 Indian River Road in the R-2 MHP multifamily and mobile home district. The property was also known as Lot 10, Indian River Land Subdivision. The request was filed by Brett Haavig. The owners of record were Brett Haavig and Amanda Johnson. Motion passed 4-0 by voice vote. M-Windsor/S-Mudry moved to adopt the findings as listed in the staff report. Motion passed 4-0 by voice vote. C CUP 22-23 Public hearing and consideration of a conditional use permit for a short-term rental at 2613 Halibut Point Road in the R-2 MHP Multifamily/mobile home district. The property is also known as Portion Two (2), Subdivision of Lot ‘L’ of U.S. Survey 2750. The request is filed by Christa Teichmann. The owners of record are Peter Teichmann, Christa Teichmann, and Hilke Teichmann. CITY AND BOROUGH OF SITKA Page 2 Planning Commission Minutes - Final August 17, 2022 Attachments: A_CUP 22-23_Teichmann_2613 Halibut Point Rd_STR_Aerial B_CUP 22-23_Teichmann_2613 Halibut Point Rd_STR_Floor Plan C_CUP 22-23_Teichmann_2613 Halibut Point Rd_STR_Site Plan CUP 22-23_Teichmann_2613 Halibut Point Rd_STR_Staff Report D_CUP 22-23_Teichmann_2613 Halibut Point Rd_STR_Photos E_CUP 22-23_Teichmann_2613 Halibut Point Rd_STR_STR Density Map F_CUP 22-23_Teichmann_2613 Halibut Point Rd_STR_2013 Application & Meeting Minutes G_CUP 22-23_Teichmann_2613 Halibut Point Rd_STR_Renter Handout H_CUP 22-23_Teichmann_2613 Halibut Point Rd_STR_Applicant Materials Ainslie introduced a request for a conditional use permit for short-term rental (STR) for a single-family home located at 2613 Halibut Point Road. The home had three bedrooms and two bathrooms and was approximately 1580 square feet. There were two driveways on the property which could accommodate the standard two parking spaces and the entire rear of the property abutted tidelands. The property was previously permitted as a short-term rental in 2013 and the permit had since lapsed. The property owners plan to manage the property, however it was staff's understanding that the owners were not in Sitka most of the time. There was dense vegetation which made it challenging to locate the property from Halibut Point Road. The renter handout listed quiet hours between 10 PM and 8 AM but a guest maximum was not identified. It was also unclear whether the trash outside was secured. Staff recommended approval provided concerns regarding visibility and garbage handling be mitigated through conditions of approval. Staff also recommended the lack of local property management be factored into the Commission’s consideration of the request. The applicant, Christa Teichmann, was present telephonically. Teichmann stated that they purchased the property in June and had started maintenance to remove some of the vegetation and would be doing some landscaping to improve the property. They would be adding signage and visible house numbers to identify the location better. They would be managing the property from a distance, but had people locally available to check on the property and resolve any problems. Trash would be stored in the garbage can inside of the garage. Spivey asked if there was a maximum number of people who would be there at one time. Teichmann stated it would be limited to six. There was no public comment. Riley was concerned garbage and fish waste wasn’t listed in the renter handout. Other Commissioner concerns involved a lack of a local property manager. Teichmann stated they would be able to use a local property manager instead of managing the property themselves. M-Windsor/S-Mudry moved to approve the conditional use permit for a short-term rental at 2316 Halibut Point Road in the R-2 MHP multifamily/mobile home district subject to the attached conditions of approval with the additions of a requirement to have a local property manager (unless the owners relocated to Sitka), and a maximum of six guests. The property was also known as Portion Two, Subdivision of Lot ‘L’, U.S. Survey 2750. The request was filed by Christa Teichmann. The owners of record are Peter Teichmann, Christa Teichmann, and Hilke Teichmann. Motion passed 3-1 by voice vote. M-Windsor/S-Mudry moved to adopt and approve the required findings for CITY AND BOROUGH OF SITKA Page 3 Planning Commission Minutes - Final August 17, 2022 conditional use permits as listed in the staff report. Motion passed 3-1 by voice vote. D CUP 22-24 Attachments: A_CUP 22-24_Speck_607 Etolin Street_STR_Aerial B_CUP 22-24_Speck_607 Etolin Street_STR_Floor Plan C_CUP 22-24_Speck_607 Etolin Street_STR_Photos CUP 22-24_Speck_607 Etolin Street_STR_Staff Report D_CUP 22-24_Speck_607 Etolin Street_STR_STR Density Map E_CUP 22-24_Speck_607 Etolin Street_STR_Renter Handout F_CUP 22-24_Speck_607 Etolin Street_STR_Applicant Materials G_CUP 22-24_Speck_607 Etolin Street_STR_Public Comment Ainslie introduced a request for a conditional use permit for short-term rental (STR) for a single-family home located at 607 Etolin Street. Ainslie clarified the request, stating the rental of an apartment (in addition to the single-family home) as listed on the mail notices had been pulled from the application as it was not built yet. The home had 4 bedrooms and 2.5 bathrooms, and was approximately 2900 square feet. The applicants intended to rent the home while they utilized their Whale Island cabin, or while they were out of town on vacation. While the home had an Etolin Street address, primary vehicular access and parking was on Oja Street. The renter handout instructed guests to park on the Oja Street side. It did not include a maximum guest number or quiet hours. Garbage would be secured in the trash can located in the garage. The applicant, Eric Speck, was present telephonically. They wanted to use the house as an STR in the summer while they were staying at their Whale Island cabin located about a mile from the house. They would be managing the property themselves but if they were out of town would use a local property management company (Sitka Travel). Speck stated they would be able to list quiet hours and "drive slow kids present on the renter" handout. He also confirmed the STR would only be for the primary house. A letter was read into public comment from Tory O’Connell Curran who lives across the street. Curran wanted the item to be postponed until the difference between the application and letter mailed to neighbors was addressed. Curran stated the number of parking spaces was different between the application and renter handout, and the yard was not completely fenced. Curran also was unsure how many guests would be allowed as the application did not state the number of guests. The neighborhood was dense with many young children and STRs had a noise impact. As submitted, Curran was opposed to the application. A letter was read into public comment from Amy Rowe, who was concerned about the number of STRs in the neighborhood, as well as with the parking and traffic issues on Etolin and Oja Streets. There was no discussion by Commissioners. M/Mudry-S/Windsor moved to approve the conditional use permit for a short-term rental at 607 Etolin Street in the R-1 single-family and duplex residential district subject to the attached conditions of approval. The property was also known as Lot 9, Block 15, Sitka Townsite, Tract A, U.S. Survey 1474. The request was filed by Eric and Brita Speck. The owners of record were Eric and Brita Speck. Motion passed 4-0 by voice vote. CITY AND BOROUGH OF SITKA Page 4 Planning Commission Minutes - Final August 17, 2022 M/Mudry-S/Windsor moved to adopt and approve the required findings for conditional use permits as listed in the staff report. Motion passed 4-0 by voice vote. E MISC 22-12 Attachments: Short Term Rental Code Update Ainslie introduced Kevin Knox and Kevin Mosher from the Assembly to present their ordinance to change the zoning code regarding short-term rentals. The proposed changes included rentals of single dwelling units in R-1, R-1 MH, R-1 LD, R-1 LDMH, R-2, and R-2 MHP zoning districts from less than 14 consecutive days to less than 30 consecutive days. The permit would be non-transferable upon sale or other transfer of property ownership, and the property had to be the applicant's primary residence. A primary residence would be determined as the applicant’s principal place of residence at least 180 days out of the year as documented by motor vehicle registration, voter registration, and/or other such evidence determined to be conclusive by the planning commission. Applicants would be required to submit a sworn affidavit attesting that the property was their primary residence. Exceptions may be granted in cases of extreme personal hardship to the applicant as determined by the planning commission. Windsor asked for clarification of extreme personal hardship, Mosher stated the exception was for circumstances beyond control such as the employment or health needs of the applicant or a family member. Also, the property must be the primary residence of the applicant at the time of application for an exception. Riley agreed with the ordinance and thanked the Assembly members for their work. Mudry like the inclusion of non-transference upon sale or transfer of the property ownership. Municipal Administrator John Leach clarified a question regarding code enforcement; the Assembly approved a staff position for code enforcement which would be hired this year. He would also be looking into management software to track STRs across all platforms; while there would be a cost to the city, it would bring people into compliance and raise tax revenues by doing so. Riley asked what the consequence would be to operating a STR without a permit. Leach stated it might be a fine, but if there was unpaid bed or sales tax it creates a debt to the city and there are measures in the code to collect those debts. M/Riley-S/Mudry moved to support generally the intent of ordinance as written. Motion passed by 3-1 voice vote. F MISC 22-13 Attachments: CBS Lands Ainslie introduced an overview of municipal lands for discussion. At the last meeting Mudry wanted to pursue opening CBS lands by creating infrastructure plans to develop roads and utilities on CBS owned property, there were possible funds the city would be able to apply to in order to develop affordable housing. Christianson stated the Assembly does put together the city’s legislative priorities and this could be an area where they would be able to ask the State of Alaska for money to help build out utilities. The Commission and Assembly would need to identify where these properties are and what the utility costs would be. Spivey commented at what point is it the city’s responsibly to open land and develop infrastructure for affordable housing verses other organizations or entities developing affordable housing. Riley commented the city CITY AND BOROUGH OF SITKA Page 5 Planning Commission Minutes - Final August 17, 2022 should be looking at ways to support affordable housing. She believed USDA Rural Development would be a good federal agency to look at for funds. Riley asked what the current landslide risk was to the Benchlands properties. Leach stated they were not adopting the FEMA mapping on landslides from the state and the landslide ordinance had been repealed. Ainslie stated a master plan of the Benchlands had not been redeveloped for the area since the landslides had occurred. Riley asked if the planning department would be able to rank CBS owned properties by suitably for residential development and if that direction should come from the Assembly. Ainslie stated the planning department would need a few months to build a short list. Leach stated this was a great direction to go in and CBS would need to develop a long-term land management plan in order to ask any agencies for funding. In public comment, Randy Hughey said that land development can’t come soon enough and there was an urgency as the housing crisis was getting worse. Kevin Mosher stated a land management plan was a step in the right direction and a short-term staff hire would be beneficial to complete a land management plan in a timely manner. Riley asked the planning department to keep the commission apprised of the progress. VIII. ADJOURNMENT Seeing no objections, Chair Spivey adjourned the meeting at 9:25 PM. CITY AND BOROUGH OF SITKA Page 6