Members Present: Mayor Ron Bosak, Dave Gratton, Ken Steffen, Dan Wegener, John Engels, Tom Schulte
Members Absent: Dan Jahnke
Also Present: Megan MacGlashan of Vandewalle & Associates
The meeting was called to order at 6:30 PM and roll call was taken.
Schulte/Gratton to approve the agenda. Motion carried.
Steffen/Gratton to approve the minutes. Motion carried.
Public comments: None.
Discuss and make a recommendation regarding the previously recommended rezoning of the parcel located at 561 Fairfield Avenue based on a letter received from the property owner, James Baxter: The property owner wants to remain in I-3 zoning in order to keep options open. MacGlashan explained that the old I-3 is different from the new I-3. It is confusing because the same codes are used with new meanings. The new I-3 is intended for heavy industrial and is not appropriate for the Industrial Park setting. Gratton pointed out that this would also create a spot zoning.
Steffen/Engels to keep the proposed zoning, with a letter of explanation to be drafted by MacGlashan. Roll call vote, approved 5-0-1, Wegener abstaining.
Discuss potential amendments to the City of Juneau Comprehensive Plan and Future Land Use Map: MacGlashan led a discussion based on her memo “Recommended Amendments to the City of Juneau Comprehensive Plan”. The Future Land Use Map should reflect desired patterns because future zoning decisions must be consistent with the Map. One recommendation is to use the amended zoning map as a base within the City boundary. Another recommendation is to reconsider uses outside the City’s boundaries. Contact has been made with the City Engineer regarding areas easily accessible to City services. MacGlashan questioned the appropriateness of projected industrial uses due to wetlands. The Land Use Map could highlight floodplain, wetland and sloped conditions as well as provide an overlay of height restrictions due to the Airport. Recommendations will be updated based on feedback from the City Engineer and the Airport height restrictions. She recommends revising the categories to appear on the Land Use Map to make them less restrictive. Specific policies could also be listed for each category in the Plan. She can propose such policies for review by the Commission. The consistency requirement for the Land Use Map is clear, but there is a question as to how Courts will interpret consistency requirements for other language in the Plan. Therefore, she recommends softening the language in the Plan to allow more flexibility. Existing policies in the Plan could also be updated to remove those that are outdated or no longer relevant. She recommends adding language to the Implementation section of the Plan to define how consistency will be interpreted by the City. In addition, a Transportation & Facilities map could be prepared to be used as a base for future changes to the Official City Map, which has not been updated for many years. The consensus of the Commission was to accept MacGlashan’s recommendations as presented in her memo and to direct her to provide proposals for review and approval. MacGlashan also explained the amendment process and discussed the public participation plan and a checklist. MacGlashan will deliver proposals for the January meeting.
Enforcement referrals to the Building Inspector:
Commission reviewed the citation at 245 Maple Avenue that was revoked at the last meeting. The Building Inspector’s letter clearly spelled out the requirements. It was noted that the Police Department’s cover letter accompanying the citation was not included with the citation. Secretary is directed to request a copy of that letter from the Police for the next meeting.
Update on Wisline training opportunities. Little interest was expressed in the upcoming training.
Old Business: Wegener inquired about progress at Wild Goose. Bosak responded that annual mortgage payments are being made. Gratton inquired about the Andy’s Roofing clean-up site. Wegener responded that it is status quo. Steffen inquired whether the Economic Development Director was looking for brownfield grants.
New Business: None.
Set date and time for the next meeting: The next meeting will be held on December 28th at 6:30.
Gratton/Wegener to adjourn meeting at 8:21 PM. Motion carried
Minutes Reported By:
Dennis Sheldon
Members Present: Mayor Ron Bosak, Dan Jahnke, Dan Wegener, Dave Gratton, John Engels, Tom Schulte, Ken Steffen
Members Absent:
Also Present: Dennis Sheldon, Megan MacGlashan of Vandewalle & Associates, John Andrews, Citizens
The meeting was called to order at 6:30 PM, and roll call was taken.
Gratton/Steffen to approve the agenda. Motion carried.
Schulte/Engels to approve the Minutes of the previous meeting. Motion carried.
Public comments: None.
Public Hearing – Amendments to the Official Zoning Map, addressing the following:
1. Rezoning of all parcels that are currently zoned Industrial Districts to one of the City’s three new Industrial Zoning Districts (the five existing Industrial Districts will be repealed once the amended Zoning Map is adopted)
2. Identification of any outstanding Zoning Map errors
3. Other adjustments, as necessary, to ensure that all City parcels are appropriately zoned
The Public Hearing was opened at 6:32 PM. (Wegener arrives at 6:33.) Megan MacGlashan presented background to the proposal. This is an extension of a previous city-wide zoning effort, driven by a Court decision involving zoning districts with no permitted uses. Industrial zoning districts were reworked so that all have permitted uses. In the process, the existing 5 Industrial zoning districts were reduced to 3, with clear differences between them. The City recently adopted the new zoning code text. This is now a follow-up to assign industrial properties to one of the 3 new districts. Other errors are being addressed at the same time, and adjustments being made to appropriately zone other properties. Cathy Firari of 255 Mayfair Drive questioned the industrial zoning of 2 residential properties bordering Glasfloss. MacGlashan explained that these properties are located in a TIF District and that industrial-zoned properties in a TIF District must retain that zoning until the TIF District is closed. Wegener inquired about access to the back lot, and Curt Firari of 255 Mayfair Drive indicated that there is an easement. Diana Williams of 207 West Street objected to the rezoning of her property from B-1 to B-3. The ability to split off a portion of the lot for residential use is an issue. MacGlashan explained that residential use is permitted under the B-1 zoning. However, B-3 better fits the existing commercial use and would be more attractive to a potential buyer of the business and to a lender since it would have legal, conforming status. B-3 would also require less setbacks if a land division was later pursued. The existing use is grandfathered as a legal, nonconforming use but would be lost if discontinued for 365 consecutive days. If a land division is requested to create a residential lot, that request would need Plan Commission approval under either zoning. It would also require a rezoning request if B-3 zoning is adopted now. Diana Williams stated that she still prefers retaining the current B-1 zoning. Sheldon reported on 3 other contacts by telephone. A representative from Lamers objected to the rezoning at 542 S. Fairfield. An attorney representing Lamers also called to gather information on the background and impact of this action. The expressed concern was outdoor storage of buses. Lon Berndt of Berlon Industries expressed concern over the noise restrictions in the proposed I-2 zoning for Parcels 2723-004 & 2723-007. He requested I-3 instead. Dave Courtney inquired about the impact on current outdoor storage at 240 N. Depot. Sheldon reported that he informed Mr. Courtney that current use is grandfathered but would be lost if discontinued for 365 consecutive days. Mr. Courtney then indicated that he had no objection to the rezoning if that was the case. Bosak asked 3 times for additional questions and comments. The Public Hearing was closed at 7:12 PM.
Approve Amendments to the Official Zoning Map:
Steffen asked about the noise issues at the Berlon Industries properties. MacGlashan responded that there is no objective noise standard in the Ordinances. It depends on the surroundings and whether it creates a nuisance. Given the surroundings, there is little chance that it would create a nuisance. MacGlashan felt that rezoning to I-3 would be inappropriate without knowing the exact plans. Also, current zoning does not provide for heavy industrial use.
Wegener/Steffen to approve the proposed Amendments to the Official Zoning Map, except for the property at the corner of West Street and W. Center Street owned by Diana Williams which is to remain B-1. Roll call vote, approved unanimously.
Approve fence at 130 E. Oak Street:
Building Inspector John Andrews presented plans prepared by James Wussow of 130 E. Oak Street. Plans call for a 6’ fence on the east side of the property, with an existing shed being moved 3’ from the property line. Andrews pointed out an error on the diagram included in the Commissioner’s packets showing the fence extending beyond the front of the building. The fence will actually be even with the front of the building. Wussow indicated that there would be a garden café in the back and that the fenced area on the side of the building is to provide a private area near a staircase. It was stressed that the shed must be 3’ off the property line and also 10’ from the building to meet setback requirements. Wussow stated that the fence is to address safety issues and prefers no gate in the front or side due to privacy concerns. Cathy & Curt Firari expressed concerns about their tenant in the neighboring property backing out of the driveway due to reduced vision. Andrews indicated that there was nothing in the Ordinances addressing this.
Jahnke/Steffen to approve fence at 130 E. Oak Street. Roll call vote, approved unanimously.
Discuss amendments to the City of Juneau Comprehensive Plan and Future Land Use Map: MacGlashan explained consistency requirements which go into effect on January 1, 2010. Rezoning, land division and Official Map decisions must conform to the Comprehensive Plan and the Land Use Map. It is the Commissioner’s responsibility to understand the Comprehensive Plan and to make decisions consistent with the Plan. The proposed Official Zoning Map is a good basis for amending the Land Use Map. The City must amend the Comprehensive Plan as provided in State Statute and file the amended Plan with the State. MacGlashan indicted that the Land Use Map in the Comprehensive Plan does not represent the current thinking of the Commission, as evidenced by Official Zoning Map actions over the recent past. MacGlashan also stated that the categories presented on the Land Use Map should be improved to redefine the options and provide for more variety of uses. Zoning Districts would need to be translated to new Land Use categories. She requested direction as to her role in this process. She suggested that she could do a review and make suggestions for the Land Use Map and for consistency with the text of the Comprehensive Plan. The Commission directed MacGlashan to start the review according to her suggestion and to report at the next meeting.
Discuss amendment to Ordinance regarding fences/hedges:
Gratton stated that the City gets stuck in the middle of neighbor disputes and proposes that the builder get a survey up-front before a Permit is issued. This would fix responsibility. Andrews stated that this would add substantial costs to a minor project and that the Permit is always conditional on an accurate submittal of plans. The consensus of the Commission was to take no action at this time.
Enforcement referrals to the Building Inspector:
Patti Evans of 245 Maple Avenue appeared. She reported receiving a letter from the Building Inspector giving until mid-September to complete various repairs. She has now received a citation for $200. She indicated that they have been trying to do the repairs but didn’t realize the relative priorities of the various tasks. She is asking the Commission to rescind the citation. Andrews reported that he received no contact about progress on the repairs and that safety/health issues always take priority over appearance. The Commission advised that the Building Inspector should ask for a contact in response to his letters.
Bosak/Jahnke to rescind the citation and direct Evans to communicate timelines for the repairs to the Building Inspector. Roll call vote, passed 6-0-1, Wegener abstaining.
Andrews reported follow-up at 647 E. Oak Grove and that he met with the City Attorney regarding action at 610 E. Oak Street and 117 S. Main. Andrews reported that there is no visible property maintenance issue at 550 N. Fairfield, but was encouraged to research further. Andrews also indicated that the property at 237 E. Oak Street is in foreclosure. Commission expressed a desire to review the wording of the Police citation given to Patti Evens and directed the Secretary to get a copy from the Police Department for the next meeting.
Approve Current Planning contract:
Bosak noted the reduction in Mike Slavney’s billing rate for 2010. Gratton/Steffen to approve the Current Planning contract with Vandewalle & Associates. Roll call vote, approved unanimously.
Old Business. None
New Business. None
Set Date and Time for Next Meeting. The next meeting will be held on November 30th at 6:30.
Jahnke/Engels to adjourn the meeting at 8:37 PM. Motion carried.
Minutes reported by: Dennis Sheldon
Members Present: Mayor Ron Bosak, Dan Jahnke, Dan Wegener, Dave Gratton, John Engels, Tom Schulte, Ken Steffen
Members Absent: None
Also Present: Dennis Sheldon, Megan MacGlashan of Vandewalle & Associates, John Andrews, Bob Lepple
The meeting was called to order at 6:30 PM, and roll call was taken.
Steffen/Jahnke to approve the agenda. Motion carried.
Gratton/Engels to approve the Minutes of the previous meeting. Motion carried.
Public comments: None.
Approve Land Division request by Lepple Dairy Farms:
Bosak pointed out that the request has been revised to expand one proposed lot to 2 acres and that Mike Slavney found no concern with this. Lepple noted that there would be one 1-acre lot and one 2-acre lot. There are separate driveways to each lot and a separate entrance to the farm land. Both lots are existing farmsteads.
Engels/Wegener to approve the land division request by Lepple Dairy Farms. Roll call vote, passed unanimously.
Approve amendment to proposed Ordinance 170-2009 (An Ordinance Making Amendments to Title 6 and Title 17 of the City of Juneau Municipal Code) regarding Downtown Parking :
MacGlashan reported that there was no provision for exempting the Central Business District from parking requirements in the original recommended Ordinance. She proposes adding a sentence to provide this exemption in two places in the Ordinance. This needs a recommendation to Council for the 2 nd Reading of the Ordinance.
Gratton/Steffen to approve amendment to proposed Ordinance 170-2009 as recommended. Roll call vote, passed unanimously.
Discuss content of letter to applicant requesting an artisan studio use at 123 Fair Street. MacGlashan reminded that artisan studio use was determined to meet the standards of the revised zoning code at last month’s meeting. She proposes that a letter explaining artisan studio use be sent to the owner. Engels felt that this use was a perfect fit for the property since there is little alternative use other than a garage. Wegener felt that the overhead door could obstruct the alley. MacGlashan was asked to amend the proposed letter to address the alley obstruction.
Engels/Gratton to approve artisan studio use at 123 Fair Street. Roll call vote, passed unanimously.
Review draft amendments to the City of Juneau Official Zoning Map, addressing the following:
1. Rezoning of all parcels that are currently zoned Industrial Districts to one of the City’s three new Industrial Zoning Districts (the five existing Industrial Districts will be repealed once the amended Zoning Map is adopted)
Commission agreed to the following recommendations:
2. Identification of any outstanding Zoning Map errors
The Commission made the following determinations:
3. Other adjustments, as necessary, to ensure that all City parcels are appropriately zoned
A section of E. Center Street is colored green and should be white.
Consider Recommendation to Schedule Proposed Zoning Map Amendments for Public Hearing:MacGlashan explained that owners of properties with proposed zoning changes would be notified of the Public Hearing. Commissioners expressed concern about the one unanswered question to be researched by MacGlashan and whether it was premature to schedule the Public Hearing before all questions were answered. The Commission determined that the Public Hearing should be held at the next meeting but that MacGlashan should notify Secretary as soon as possible about resolution of the strip adjacent to Parcel 2224-004. Preferably, the Public Hearing and meeting should be held at the Library.
Discuss amendments to the City of Juneau Comprehensive Plan and Future Land Use Map: MacGlashan reported that the Comprehensive Plan’s Land Use Map is inconsistent with recent zoning actions. As an example, a number of residences are shown as General Residential (2-family and multi-family) on the Land Use Map while a new R-1A zoning district was created recently to do exactly the opposite for those residences. It is important to revisit the Land Use Map. It would require an amendment to the Comprehensive Plan. An amendment is a process prescribed in State Statute and would involve both the Plan Commission and Common Council. The revised zoning map could serve as a base for amending the Land Use Map within the city limits. This should be discussed further at the next meeting.
Enforcement referrals to the Building Inspector:
Andrews reported that a response from the owner at 647 E. Oak Grove Street was received and that further fines are being withheld. Andrews requests permission to consult with the City Attorney on issues at 610 E. Oak Grove Street and 117 S. Main Street. Commission referred 550 N. Fairfield and 237 E. Oak for Building Inspector review.
Jahnke/Steffen to authorize Building Inspector to take issues at 610 E. Oak Grove Street and 117 S. Main Street to the City Attorney. Motion carried.
Old Business. None
New Business. Gratton suggested an Ordinance amendment regarding fences/hedges to require a survey in advance to avoid neighbor disputes. Andrews indicated that a plat of survey could cost $500-$1,000 and are valuable for additions and green space issues. Various options were discussed.
Set Date and Time for Next Meeting. The next meeting will be held on October 26th at 6:30.
Jahnke/Gratton to adjourn the meeting at 8:44 PM. Motion carried.
Minutes reported by:
Dennis Sheldon
Members Present: Mayor Ron Bosak, Dan Wegener, Dave Gratton, John Engels, Tom Schulte
Members Absent: Dan Jahnke, Ken Steffen
Also Present: Dennis Sheldon, Megan MacGlashan of Vandewalle & Associates, Citizens
The meeting was called to order at 6:30 PM, and roll call was taken.
Engels/Gratton to approve the agenda. Motion carried.
Schulte/Wegener to approve the Minutes of the previous meeting. Motion carried.
Public comments: None.
Approve Privilege in City Street - 208/210 E. Oak Grove Street
Richard Wagner indicated that the sidewalk was moved from the normal right-of-way during construction on Fair Street in order to allow additional driveway parking. He would still like to buy the strip of right-of-way inside the sidewalk instead of paying the indicated costs of a bond and a fee for a Privilege. Another option would be to move the fence 2 feet from the sidewalk on E. Oak Grove and 5 feet from the sidewalk on Fair Street. Wegener/Engels to approve the fence 2 feet from the sidewalk on E. Oak Grove and 5 feet from the sidewalk on Fair Street. Roll call vote, passed unanimously.
Discuss Potential Uses of Property at 123 Fair Street – Bob Strous and Brian Hagen
Bob Strous indicated that the property is zoned commercial but is not useful as a commercial site. Brian Hagen would like to rent the property for hobby woodworking. Megan MacGlashan reported that this would be a prohibited use under current zoning, but may be permitted as an “artisan studio” under the permitted use categories in the proposed Ordinance revision. Wegener/Gratton to table the issue until passage of the proposed Ordinance revision. Roll call vote, passed unanimously.
Approve Amendments to Title 17, Zoning, and Title 6, Animals of the City of Juneau Municipal Code
MacGlashan provided the requested cost estimates using a hypothetical expansion of the Gratton property as an example. Average costs of various types of plantings were also provided. MacGlashan reminded that there are two options regarding expansions: a calculation based on the entire street frontage or a calculation based on a percentage of street frontage. Motion by Bosak to approve the Ordinance changes as proposed by Vandewalle & Associates. Bosak withdrew his motion due to lack of a second. Options for going forward without landscaping and/or bufferyard requirements were clarified.
Bosak/Wegener to approve the Ordinance changes as proposed by Vandewalle & Associates. Ayes: Bosak, Wegener, Schulte, Engels. Abstain: Gratton.
Wegener/Gratton to remove Potential Uses of Property at 123 Fair Street from the table for further discussion. After discussion, it was determined that no further action is necessary since “artisan studios” are permitted uses under the new Ordinance.
Identify Amendments to the City of Juneau Official Zoning Map to address the following:
1. Rezoning of all parcels that are currently zoned Industrial Districts to one of the City’s three new Industrial Zoning Districts (the five existing Industrial Districts will be repealed once the amended Zoning Map is adopted)
The March, 2009 Minutes recommended that all current I-3 remain I-3. MacGlashan reminded that new I-3 is for “Heavy” Industrial and recommends use of I-2 instead. The Commission agreed with that recommendation.
The March, 2009 Minutes recommended that the properties currently zoned IB-1 on the north side of Cross Street be rezoned as B-1. MacGlashan recommended that these properties be zoned as I-1, Light Industrial, instead. The Commission agreed with that recommendation.
The March, 2009 Minutes recommended that the properties currently zoned IB-1 on the south side of Cross Street be rezoned as I-1. MacGlashan recommended that these properties be zoned as I-2, General Industrial, instead. The Commission agreed with that recommendation.
The March, 2009 Minutes recommended that the vacant lots on S. Fairfield currently zoned I-4 be rezoned as I-1. MacGlashan recommended that these properties be zoned as I-2, General Industrial, instead. The Commission agreed with that recommendation.
The March, 2009 Minutes recommended that the 2 lots bordering S. Main and Kindt Street currently zoned IB-1 be rezoned as I-1. MacGlashan recommended that these properties be zoned as I-2, General Industrial, instead. The Commission agreed with that recommendation.
The Commission recommends that all other Industrial-zoned properties outside the Industrial Park be zoned I-2, with the following exceptions:
2. Identification of any outstanding Zoning Map errors
The February, 2009 Minutes recommended that the Brieman parcel 2231-005 (151 N. Hyland) currently zoned R-2 be rezoned as B-1. MacGlashan recommended that this property be zoned B-3 instead. The Commission agreed with that recommendation.
The February, 2009 Minutes recommended that the alley behind N. Hyland, running between E. Center and E. Oak Streets, currently colored as R-2 be white to indicate a road. MacGlashan agreed with that recommendation.
The parcel on the Wild Goose Trail near the Sensient properties, outside the City Limits, currently colored as I-1 should be white to indicate the Trail.
3. Other adjustments, as necessary, to ensure that all City parcels are appropriately zoned
MacGlashan recommended that the 3 parcels zoned as B-1 on E. Center Street be rezoned as B-3. The Commission agreed with that recommendation.
MacGlashan recommended that the parcel zoned B-1 on the corner of West Street and W. Center Street be rezoned as B-3. The Commission agreed with that recommendation.
MacGlashan recommended that the 3 parcels zoned B-1 in the Piggly Wiggly complex be rezoned B-3. The Commission agreed with that recommendation.
Gratton/Engels to approve the changes recommended above in Sections 1, 2 & 3. Voice vote. Motion carried.
Consider Recommendation to Schedule Proposed Zoning Map Amendments for Public Hearing. No action taken pending further review at next month’s meeting.
Enforcement referrals to the Building Inspector
Bosak inquired about the situations with no response from the homeowner. Sheldon noted that the Building Inspector is now operating under a policy of requesting citations if there is no response in 30 days. Building Inspector is requested to attend the next meeting. Secretary is directed to provide a list of the referrals from the last 6 months at the next meeting.
Discuss Prevailing Wage Law change. Information only.
Review 2010 Budget Proposal
Sheldon suggested that the current $2,300 property maintenance fee budget to the Building Inspector be retained and that the Vandewalle fee budget be increased to $5,000 (about half of what is expected to be paid in 2009). Schulte/Gratton to approve the proposed 2010 Plan Commission and property maintenance budgets. Roll call vote, passed unanimously.
Old Business. Gratton inquired about the status of the Andy’s Roofing clean-up. Wegener reported that the DNR was in the lead at last report but would follow up with the attorney.
New Business. None.
Set Date and Time for Next Meeting. The next meeting will be held on September 28th at 6:30.
Gratton/Engels to adjourn the meeting at 9:08 PM. Motion carried.
Minutes reported by: Dennis Sheldon
Members Present: Mayor Ron Bosak, Dan Wegener, Dave Gratton, John Engels, Dan Jahnke, Ken Steffen, Tom Schulte
Members Absent:
Also Present: Dennis Sheldon, Joe Sciascia, John Andrews, Megan MacGlashan of Vandewalle & Associates, Citizens
The meeting was called to order at 6:30 PM, and roll call was taken.
Schulte/Steffen to approve the agenda. Motion carried.
Gratton/Steffen to approve the Minutes of the previous meeting. Motion carried.
Public comments: None.
Public Hearing – Amendments to Title 17, Zoning, and Title 6, Animals of the City of Juneau Municipal Code
The Public Hearing was opened at 6:32 PM. Michelle Pilar of 525 S. Fairfield asked if this was rezoning the Industrial Park. Megan MacGlashan responded that this reduces the Industrial Districts from 5 to 3. There are currently no permitted uses in 2 of the 5 current Industrial Districts, and this will provide permitted uses in all 3 of the new Districts. Bosak asked 3 times for additional comments or questions. The Public Hearing was closed at 6:34 PM.
Approve Amendments to Title 17, Zoning, and Title 6, Animals of the City of Juneau Municipal Code
MacGlashan summarized the changes: there will be a combination of permitted and conditional uses in all 3 Industrial Districts; Categories of uses will be provided instead of a list of specific uses for each District; It is then necessary to define these Categories in a new Chapter of the Ordinance; New landscaping and bufferyard requirements are being created for Industrial, Commercial and Multi-Family Districts in line with recommendations in the City’s Comprehensive Plan; (Wegener arrives at 6:37 PM); New Group and Large Development standards are created to assure quality of development; These standards would apply for developments having 2 or more structures on a parcel or having multiple uses on a parcel.
Sciascia asked about kennel licenses and how frequently litters could be sold before it came to be considered a commercial operation. Discussion followed. Bosak asked whether an addition to a parcel grandfathered in terms of landscaping impacted only the added development or the entire parcel. MacGlashan responded that it could only impact the addition if that was the Commission’s policy. MacGlashan demonstrated by walking through a live example of a hypothetical addition to Commissioner Gratton’s business property. For this example, MacGlashan noted a revision to Pages 103 & 105 of the proposed Ordinance: to clarify the treatment of paved areas on Page 103 and to note that a street is a natural bufferyard on Page 105.
Wegener commented that the Ordinance is too complicated. Engels questioned whether the extra expense will prevent development. Andrews commented that landscaping by the first lot in a development could dwarf later development in other lots, creating an inconsistent appearance. MacGlashan explained that the objective is to create a consistent and equitable standard for all developers and that this approach has not hurt development in other communities. This proposal has already been softened compared to similar Ordinances adopted in other communities. Sciascia stated that he approves of the concept but would like the comfort of knowing the cost impact of the landscaping standards. (Jahnke arrives at 7:39 PM.) Wegener suggested an approach featuring a minimum cost/lineal foot.
Schulte/Bosak to approve Amendments to Title 17, Zoning, and Title 6, Animals of the City of Juneau Municipal Code. Ayes: Schulte, Bosak. Nayes: Steffen, Gratton, Engels. Abstain: Wegener, Jahnke. Motion defeated.
Wegener/Jahnke to table the issue for further information next meeting regarding an estimate of minimal costing. Voice vote. Motion carried.
Public Appearance – Richard Wagner – 208/ 210 E. Oak Grove Street
A. Fence: 1) Circle of Vision 2) Front Yard
Richard Wagner stated that he was addressing a fence violation in terms of height, circle of view and setback. Building Inspector John Andrews read the letter sent to Mr. Wagner and explained that the prime issue was that a fence must be 2 feet back from the right-of-way. This was complicated by constructing the sidewalk further into the right-of-way than normal in order to provide room to park a car in the driveway without blocking the sidewalk. Sciascia indicated that there is a possible Statutory provision to issue a license for building in the right-of-way.
Engels/Wegener to approve a fence 2 feet from both sidewalks, properly anchored, contingent on a City Attorney recommendation for a revocable permit for a street obstruction. Roll call vote, passed unanimously.
B. Purchase strip of street Right-of-Way from west property line to east side of sidewalk line
Wegener expressed lack of interest in selling a portion of the right-of-way. No opposing viewpoints were expressed.
Discuss and Possibly Approve Building Inspector Enforcement Authority – Joe Sciascia and John Andrews
Sciascia suggested that Ord. 15.12.070 could be changed to provide options for citation, abatement or both. Wegener stated that his impression was that the Building Inspector wanted the citation authority to streamline the process. Andrews indicated that he preferred initial communication with the owner and support later from the Police. The Commission consensus is to accelerate the issuance of a citation. Sciascia suggested that, after the Building Inspector has exhausted his enforcement efforts, he should write a letter to the Police requesting a charge and providing documentation of all his earlier enforcement actions. This will provide City Attorney with all relevant information in one place if the action should go to Court.
Jahnke/Engels to direct the Building Inspector to request Police to issue a citation after expiration of the 30-day Notice and to direct the Building Inspector to provide a monthly status report of enforcement actions to the Commission. Voice vote. Motion carried.
Enforcement referrals to the Building Inspector. None.
Review 2009 Budget
Sheldon highlighted: fees to Vandewalle have already exceeded the year’s budget, with more costs to follow; property maintenance fees to Kunkel are at an early stage since there was minimal activity over the winter.
Old Business. None.
New Business. None.
Set Date and Time for Next Meeting. The next meeting will be held on August 31st at 6:30.
Steffen/Gratton to adjourn the meeting at 8:51 PM. Motion carried.
Minutes reported by: Dennis Sheldon
Members Present: Mayor Ron Bosak, Dan Wegener, Dave Gratton, John Engels, Robert Affeld, Jason Buske, Butch Chase, JoAnne Link, John Schuster
Members Absent: Dan Jahnke, Ken Steffen, Tom Schulte
Also Present: Dennis Sheldon, Mike Slavney and Megan MacGlashan of Vandewalle & Associates
The meeting was called to order at 6:30 PM, and roll call was taken.
Affeld/Schuster to approve the agenda. Motion carried.
Public comments: None.
Discuss Extraterritorial Jurisdiction - Mike Slavney and Megan MacGlashan : Slavney reviewed his memo “ETJ Powers Overview”. There are 4 powers granted Cities under State Statute: 1) Planning. A City’s Comprehensive Plan trumps County or Town planning. 2) Official Mapping. A City can designate future roads, parks, wells, lift stations, utility easements and other municipal facilities within its ETJ area on its Official Map. 3) Zoning. A City can freeze zoning changes within its ETJ area for a period of 2 years. This power is hardly ever used and is not being recommended. 4) Land Division Review. This covers all Plats and Certified Survey Maps. Case Law has developed on the use of Land Division Review Authority. Public improvement specifications have been disallowed by the Courts. Attempts to impose layout standards (design criteria) have also been disallowed. Density standards have been upheld. The recommendation is to create density standards of 1 home/35 acres with a maximum lot size of 2 acres. Slavney then reviewed the proposed changes to the City’s Subdivision Ordinance. The following changes were highlighted: definition of land division, reference to the Official Map, a reminder to developers to comply with the toughest set of rules, definition of approved authorities and design authority, Statutory authority cited, sets density & lot size standards, requires payment of City’s review fees, requires full parent parcel be included on maps.
Discuss possible amendments to the Zoning Ordinance addressing the following issues: - Mike Slavney and Megan MacGlashan
a) Rewrites to the City's industrial zoning districts;
b)Amendments to permitted and conditional uses in all zoning districts; c)The creation of a new land use chapter; and
d) New landscaping and bufferyard requirements
MacGlashan reviewed her memo “Summary of Amendments to the Zoning Ordinance”: 1) Courts held that having no permitted uses in a zoning district was unconstitutional. 2 of the City’s 5 Industrial Districts had no permitted uses. The amendment shrinks from 5 Industrial Districts to 3 and provides permitted uses. 2) Creates “categories” of uses, rather than specific lists. A Chapter of definitions for the new categories was created. All permitted and conditional uses in the zoning ordinance were adjusted to reflect the new categories. 3) Landscaping and bufferyard requirements were created. These requirements were driven from recommendations in the City’s Comprehensive Plan. The landscaping standards apply to multi-family, commercial and industrial zoning districts. A point system makes it objective while giving developers flexibility in choosing landscaping combinations. This proposal is about 2/3 of the requirements adopted by a number of other clients. Bufferyards are a combination of distance and shielding between more intensive land uses and less intensive, e.g. between multi-family and residential districts. 4) Group and Large Development requirements were defined. These developments require conditional use permits and specific design standards to assure quality. 5) Existing zoning code was reviewed for internal consistency with new proposals, such as definitions. Slavney pointed out that similar codes have been established by other smaller communities, such as Johnson Creek, Darien, Evansville, Edgerton and Cottage Grove.
Affeld/Chase to adjourn the Common Council portion of the meeting at 7:57 PM. Motion carried.
Bosak/Gratton to approve the Minutes of April 27, 2009 Plan Commission Meeting. Motion carried.
Approve Resolution Establishing Extraterritorial Plat Review Authority:
Engels/Gratton to approve Resolution Establishing Extraterritorial Plat Review Authority. Motion carried.
Approve Amendments to Subdivision Ordinance:
a) Amend 16.12.010 (A)
b) Add 16.12.010 (A) (7)
c) Add 16.12.010 (F)
d) Add 16.24.010 (I)
e) Create Chapter 16.70 Extraterritorial Land Divisions
Wegener noted numerous exceptions to the density standards already existing.
Bosak/Engels to approve proposed Amendments to Subdivision Ordinance. Motion carried.
Recommend amendments to the Zoning Ordinance for Public Hearing : Wegener/Gratton to recommend amendments to the Zoning Ordinance for Public Hearing. Motion carried.
Enforcement referrals to the Building Inspector:
Continuous uncompleted projects were noted at 521 E. Oak Street. Secretary was directed to invite Building Inspector John Andrews to the next meeting to discuss enforcement options. Andrews should supply examples of enforcement from other communities. Secretary was also directed to refer enforcement power to City Attorney Sciascia for options to provide enforcement power to the Building Inspector. City Attorney should also be invited to the next meeting.
The following property maintenance items are referred to Building Inspector for action: lack of railings at 255 Maple, 252 S. Hyland, 155 South Street, 179 South Street; a visual block created by a fence at 208/210 E. Oak Grove Street; a front-yard fence at 125 S. Mill Street.
Old Business: None.
New Business: None.
Set Date and Time for Next Meeting. The next meeting will be held on July 27th at 6:30.
Gratton/Engels to adjourn the meeting at 8:29 PM. Motion carried.
Minutes reported by:
Dennis Sheldon
Members Present: Mayor Ron Bosak, Ken Steffen, Dan Wegener, Dave Gratton, Tom Schulte, John Engels
Member Absent: Dan Jahnke
Also Present: Dennis Sheldon
The meeting was called to order at 6:30 PM, and roll call was taken.
Schulte/Steffen to approve the agenda. Motion carried.
Gratton/Schulte to approve the minutes. Motion carried.
Public comments: None.
Public Appearance – Dan Toll – Bee Keeping
Dan Toll indicated that he wished to establish bee hives at 632 E. Oak Street and did not understand the provision in Ordinance 6.04.210 (A) (2) indicating that a barrier would be necessary. (Wegener arrives.) The consensus was that a barrier would be necessary due to the 55’ width of the lot. The Ordinance also requires a Conditional Use Permit. A Public Hearing would need to be scheduled if Toll wishes to pursue this.
Review 2009 Budget
Sheldon highlighted the Professional Services line which represents the Vandewalle fees. Little has been spent through March, but substantial costs can be expected after Megan MacGlashan returns from maternity leave.
Update - Extraterritorial Jurisdiction
Sheldon reported on a conversation with Mike Slavney. There are 2 ways to establish authority through Ordinances, and Slavney wants to meet with Sheldon and City Attorney Sciascia to determine the best model. That meeting is scheduled for May 13 th. Slavney also wants to discuss political concerns with the Mayor. The Commission wishes to review the map in the Smart Growth document at the next meeting.
Update - Drainage Districts
Sheldon reported on correspondence with Dan Prunuske, Engineer for the Drainage Board. Prunuske discovered that the map of District #1, reviewed at the last meeting, was incorrect. He supplied an official map that shows District #1 entirely on the west side of Highway 26. Any development in the area between N. Fairfield, Victory & Highway 26 would have to be reported to the Drainage Board.
Discuss Creating Land Use Types for Community Gardens and Market Gardens
Mike Slavney’s email with suggested language for regulating these items in the Zoning Code was reviewed. Wegener/Steffen to leave current practice as is. Motion carried.
Enforcement referrals to the Building Inspector
A metal-frame carport with tarps was reported at 475 S. Main Street. A similar structure was reported at 528 Lincoln Drive. Another such structure was reported off the alley behind the east side of the 100 block of N. Hyland. A motor home camped at 225 Short Street is referred to the Police.
Follow-Up on Fire Inspector Referrals – Andy’s Roofing
Wegener reported on correspondence from Attorney Buchholz that nothing further is being hauled into the site. However, no further clean-up is being done either.
Old Business. None.
New Business. None.
Set Date and Time for Next Meeting. The next meeting will be held on Thursday, May 28th at 6:30.
Gratton/Steffen to adjourn the meeting at 7:40 PM. Motion carried.
Minutes Reported By:
Dennis Sheldon
Members Present: Mayor Ron Bosak, Ken Steffen, Robert Affeld, Dan Wegener, Dave Gratton, Tom Schulte
Member Absent: John Engels
Also Present: Dennis Sheldon
The meeting was called to order at 6:30 PM, and roll call was taken.
Steffen/Wegener to approve the agenda. Motion carried.
Steffen/Wegener to approve the minutes. Motion carried.
Public comments: None.
Discuss possible amendments to the Zoning Ordinance - New landscaping and bufferyard requirements:
The landscaping requirements in the Industrial Park Covenants were noted. Consensus was that the Covenant requirements were sufficient and that the proposed landscaping standards are excessive. Affeld/Steffen to put this issue on hold until Megan MacGlashan returns from maternity leave. Motion carried.
Discuss rezoning of Industrial Districts:
Affeld/Gratton to make the following changes:
Motion carried.
Discuss Extraterritorial Jurisdiction:
Affeld/Gratton to direct Secretary to pursue Extraterritorial Jurisdiction Land Division Authority with Vandewalle. Motion carried.
Discuss Drainage Districts:
Maps provided by the County and the Drainage Board Engineer were reviewed. Wegener commented that flows from the Drainage District run through the City’s drainage ditch and that the City incurs the cost of maintaining the ditch. Secretary was directed to contact the Drainage Board Engineer to see if there is any financial help available from the Drainage District.
Discuss Smart Growth Land Use Recommendations: No directives.
Enforcement referrals to the Building Inspector
Steffen noted that the abandoned cars reported last month have been moved. Question arose whether a Building Permit is necessary for some porch repairs being done at 134 S. Main. Storage tents were reported at 172 E. Oak Grove and at 275 West Street. There should be follow-up on old referrals as the weather allows repairs.
Legislative Update – Prevailing Wage Rates:
Sheldon explained that prevailing wage rates would now apply for private developer projects resulting in improvements being dedicated to the City. There could be some legislative action to overturn this change.
Old Business: None.
New Business: None.
Set date and time for next meeting. The next meeting will be held on April 27 th at 6:30.
Affeld/Gratton to adjourn the meeting at 7:36 PM. Motion carried.
Minutes Reported By: Dennis Sheldon
Members Present: Mayor Ron Bosak, Robert Affeld, Dave Gratton, Dan Wegener, Tom Schulte, John Engels, Ken Steffen
Members Absent:
Also Present: Dennis Sheldon
The meeting was called to order at 6:30 PM, and roll call was taken.
Affeld/Engels to approve the amended agenda. Motion carried.
Schulte/Gratton to approve the minutes of the previous meeting. Motion carried.
Public comments: None.
Discuss possible amendments to the Zoning Ordinance addressing the following issues:
a) Rewrites to the City's industrial zoning districts;
b)Amendments to permitted and conditional uses in all zoning districts; c)The creation of a new land use chapter; and
d) New landscaping and bufferyard requirements
Steffen and Gratton raised questions about the costs of the proposed landscaping requirements for Industrial Park residents and prospects. Affeld pointed out that covenants already exist for the Industrial Park and other residential developments and raised the question of what takes precedence if this Ordinance is approved.
Discuss rezoning of Industrial Districts
The corner of E. Center and Hyland (Spike’s) should be zoned B-1, instead of R-2.
The alley behind N. Hyland, running between E. Center and Oak Street, should be indicated as a road in white.
The City Garage should be P-1.
The 2 western lots of the Glasfloss complex should be zoned R-1.
Before any recommendations are made for Industrial Park zoning, the Covenants must be reviewed for any restrictions on zoning changes.
Enforcement referrals to the Building Inspector
Steffen reported abandoned cars at 409 E. Center Street and 343 E. Oak Street. Schulte questioned the foundation left behind when the old garage was razed at the Silk Juneau property.
Discuss Smart Growth Intergovernmental Cooperation Recommendations Secretary was directed to contact Mike Slavney of Vandewalle about the process for establishing Extraterritorial jurisdiction.
Discuss Drainage District referral from City Attorney
Secretary was directed to get a map from the County to identify Drainage Districts.
Follow-Up on Fire Inspector Referrals – Andy’s Roofing.
(Amended 2-20-09 at 8:45 AM)
Wegener reported on correspondence received from Attorney Buchholz. A fine was imposed for contempt of court in January. Jail sentence was suspended with the stipulation that no further waste be dumped on the site. Buchholz indicated that there is nothing further that the City can do beyond what the State has already done. Steffen asked whether Brownfield grants might be available for a clean-up. This is referred to Economic Development Director Robert Buhr.
Old Business. None.
New Business. None.
Set Date and Time for Next Meeting. The next meeting will be held March 30 th at 6:30 PM.
Affeld/Engels to adjourn the meeting at 8:06 PM. Motion carried.
Minutes reported by: Dennis Sheldon