HomeMy WebLinkAbout05032016 Planning & Zoning Packet Seward Planning & Zoning Commission
Meeting Packet
May 3, 2016
City Hall Annex Building, 238 Fifth Avenue
Beginning at 7:00 p.m.
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Seward Planning & Zoning Commission
Regular Meeting
May 3, 2016 7:00 p.m. City Council Chambers
Cindy Ecklund
Chair 1. Call to Order
Term Expires 02/17
2. Opening Ceremony
Martha Fleming
Vice Chair A. Pledge of Allegiance
Term Expires 02/17
Vacant 3. Roll Call
Commissioner
Term Expires 02/18 4. Special Reports & Presentations
Gary Seese A. City Administration Report
Commissioner
Term Expires 02/19 B. Other Reports,Announcements &Presentations
Margaret Anderson
Commissioner 5. Citizens' Comments on any subject except those items
Term Expires 02/18 scheduled for public hearing. [Those who have signed in will
be given first opportunity to speak. Time is limited to 3 minutes
Tom Swann per speaker and 36 minutes total time for this agenda item]
Commissioner
Term Expires 02/19 6. Approval of Agenda and Consent Agenda. [Approval of
Consent Agenda passes all routine items indicated by asterisk(*).
Vacant Consent Agenda items are not considered separately unless a
Commissioner Commissioner so requests. In the event of such a request, the
Term Expires 02/19 item is returned to the Regular Agenda.] •
Jim Hunt
City Manager
Ron Long
Assistant City Manager
Donna Glenz
Planner
Dwayne Atwood
Planning Technician
Planning and Zoning Commission Meeting Agenda
May 3, 2016 1
7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the first
opportunity to speak]
A. Unfinished Business Items requiring a Public Hearing—None
B. New Business Items requiring a Public Hearing
1. Resolution 2016-05, of the Seward Planning and Zoning Commission of the City
of Seward, Alaska, granting a Conditional Use Permit to Kenai Peninsula
Housing Initiatives, Inc. to construct and operate a five (5) unit senior housing
apartment complex on Lot 11A-2, Fort Raymond Subdivision No. 4 (replat
pending), located at 2200 Dimond Boulevard, within the Multi-Family (R3)
Zoning District(rezone pending) Page 3
2. Resolution 2016-06, of the Seward Planning and Zoning Commission of the City
of Seward, Alaska, recommending City Council approval of the rezoning of Lots
11 and 12, Block 7, Federal Addition, from Single Family Residential (R1) to
Two Family Residential (R2), located at 700 Second Avenue Page 16
8. Unfinished Business—None
9. New Business—
A. Planning and Zoning May 17 Work Session Topic Page 29
* B. April 5, 2016 Regular Meeting Minutes Page 30
10. Informational Items and Reports(No action required)-
A. Flood Board Quarterly Joint Work Session Reminder Page 36
B. FEMA Region X Newsletter(NOT AVAILABLE)
C. 2016 Planning&Zoning Meeting Schedule Page 37
11. Commission Comments
12. Citizens' Comments/Limit to 5 minutes per individual—Each individual has one opportunity to speak]
13. Commissions and Administration Response to Citizens' Comments
14. Adjournment
Planning and Zoning Commission Meeting Agenda
May 3, 2016 2
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2016-05
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
CONDITIONAL USE PERMIT TO KENAI PENINSULA HOUSING
INITIATIVES, INC. TO CONSTRUCT AND OPERATE A FIVE (5) UNIT
SENIOR HOUSING APARTMENT COMPLEX ON LOT 11A-2, FORT
RAYMOND SUBDIVISION NO. 4, (replat pending) LOCATED AT 2200
DIMOND BOULEVARD WITHIN THE MULTI-FAMILY (R3) ZONING
DISTRICT (rezone pending)
WHEREAS, Kenai Peninsula Housing Initiatives, Inc. (KPHI) has requested a
Conditional Use Permit (CUP) to construct and operate a 5 unit senior housing development on
Lot 11A-2, Fort Raymond No. 4 (replat pending); within the Multi-Family Zoning District (R3)
(rezone pending); and
WHEREAS, in accordance with the Land Uses Allowed Table §15.10.225, Dwelling,
multi-family (three or more units) is allowed within the Multi-Family Zoning District (R3) by
CUP; and
WHEREAS, the proposed Fort Raymond No. 4 replat is currently before the Kenai
Peninsula Borough for final review and the rezone of the proposed Lot 11A-2 is before the City
Council for Public Hearing and enactment on May 9, 2016; and
WHEREAS, the developer and architect continue to work on the development
requirements but have met the lot coverage, required setbacks, building height and required
parking with maneuverability on site within the §ubmitted basic site plan received on April 13,
2016; and
WHEREAS, having complied with the public notification process; on May 3, 2016, the
Seward Planning and Zoning Commission held the required public hearing on the Conditional
Use Permit application. •
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. In accordance with SCC§15.10.320(D), the Planning and Zoning Commission has
reviewed the applicant's request for a CUP to construct and operate a five (5) unit multi-family
3
Seward Planning and Zoning Commission
Resolution 2016-05
Page 2
development on Lot 11A-2, Fort Raymond, located at 2200 Dimond Blvd. and declared the
following Findings of Fact:
A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and
the purposes of the zoning district.
Finding: This condition will be met with the approved re-zone.
The applicant has requested a rezone of Lot 11A-2 from Park to Multi-Family (R-3)
zoning. The rezone request is currently before the City Council for enactment. Based on
the proposed rezone, the project site plan meets all setback, structure height and parking
requirements. The proposed multi-unit development is consistent with the purpose of the
Zoning Code and the Multi-Family Zoning District.
B. The value of adjoining property will not be significantly impaired
Finding: This condition has been met.
The adjoining properties to the north include the remainder of Lot 11A, used as the Forest
Acres Park and further out a mix of single family homes and undeveloped vacant land.
To the west is the large City owned parcel, zoned Institutional, leased to the US Army for
a resort and lodging. Areas to the south and southwest include the City owned parcel
previously leased to the US Air Force as a resort and campgrounds and a vacant parcel
abutting the Seward Highway, both parcels are zoned Institutional. The parcel to the east
is vacant and currently used for campgrounds, also zoned Institutional. There is no
indication the proposed senior housing facility will negatively impair the value of any
adjoining properties.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
1. Comprehensive Plan, (2020—approved by Council August 8, 2005)
Finding: This condition can be met.
While not all areas of the 2020 Comprehensive Plan support Park lands being rezoned
and used for development, other areas of the plan support the project and housing needs.
2. Strategic Plan, (approved by Council Resolution 99-043)
Finding: This condition has been met.
The Strategic Plan supports expanding the availability of affordable, diverse, year round
housing and encourages the construction of residential housing at all market levels.
3. Municipal Lands Management Plan (adopted by Council Resolution 2014-095)
Finding: This condition has been met.
The Municipal Lands Management Plan supports the disposal of Lot 11A, Fort Raymond
with a sound development plan. SCC 7.05.120 and 7.05.150 allows the Council to
4
Seward Planning and Zoning Commission
Resolution 2016-05
Page 3
dispose of City land by negotiation, public auction or sealed bid and at less than fair
market value with findings the public interest will be served. City Council by Resolution
2015-046 and 081 authorized an agreement with KPHI to donate the land for the sole
purpose of developing a senior housing facility. Disposal of this parcel for the
development of senior housing fulfills the intent of a sound development plan.
Public Services and facilities are adequate to serve the proposed use.
Findings: This condition has been met.
Access to the parcel will be from the public right-of-way (ROW) of Dimond Boulevard.
All public utilities of water, sewer, and electric are available in the adjacent ROW and/or
utility easement. If any additional utility needs arise during development they will be the
sole responsibility of the developer.
The Electric Department has requested the applicant start a job order to provide a review
of planned power needs and work with the department. Public works has requested a
driveway access plan.
E. The proposed use will not be harmful to the public safety, health or welfare.
Findings: This condition has been met.
There is no evidence the 5-unit apartment complex will cause any additional concerns to
public safety, health or welfare. The construction shall meet all current building and fire
code requirements and be reviewed through the building permit process. Adequate fire,
police and solid waste disposal services are available to the property. Animal/Bird (Bear)
resistant dumpsters/containers are required by City Code. Landscaping vegetation for
undeveloped and non-parking lot areas shall be required by the CUP. A parking plan has
been provided at a rate of two (2) spaces per unit and all driveway maneuverability is
planned on site.
F. Any and all specific conditions deemed necessary by the commission to fulfill the
above-mentioned conditions shall be met by the applicant. These may include but are
not limited to measures relative to access, screening, site development, building design,
operation of the use and other similar aspects related to the proposed use.
Based on the above findings and conclusions, approval of the CUP shall be subject •
to the following conditions:
1. The applicant shall obtain a current Building Permit before construction
begins on the site.
2. No Building Permit shall be issued until the Fort Raymond Replat No. 4 has
been completed and recorded.
3. No Building Permit shall be issued until the proposed Rezone is approved and
enacted by Council and takes effect.
5
Seward Planning and Zoning Commission
Resolution 2016-05
Page 4
4. No Building Permit shall be issued until the land exchange between the City
and KPHI has been completed.
5. The applicant shall start a Job Order and work with the City Electric
Department to provide the required electric power needs.
6. Exterior lighting shall be approved during the Building Permit process in
accordance with SCC§15.10.215(h.)(1.).
7. All parking and maneuverability shall remain on site for the life of the use.
8. Construction waste and debris shall be removed weekly and upon completion
of construction.
9. Animal / Bird resistant dumpsters / containers shall be provided for all
garbage and refuse for the life of the use.
10. The applicant shall make every effort to provide landscaping to all areas not
utilized by the structures, parking areas and drive surfaces. Landscaping shall
facilitate the control of dust and the visual impact on neighboring properties.
11. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six months
from the date of approval if the use for which the permit was issued has not
been implemented or a building permit obtained. The Commission may grant
a six month extension upon finding that circumstances have not changed
sufficiently since the date of initial permit approval.
12. Modification of final approval of a conditional use permit may, upon
application by the permitee, be modified by the Planning and Zoning
Commission:
A. When changed conditions cause the conditional use to no longer
conform to the standards for its approval.
B. To implement a different development plan conforming to the
standards for its approval.
C. The modification plan shall be subject to a public hearing and a filing
fee set by City Council Resolution.
Section 2. The Planning and Zoning Commission finds the proposed use, subject to the
above conditions satisfies the criteria for granting a Conditional Use Permit provided the
conditions listed on Section 1, Subsection F. are met by the applicant, and authorizes the
administration to issue a Conditional Use Permit to construct and operate a five (5) unit multi-
family development on Lot 11A-2, Fort Raymond No 4 (replat pending), within the Multi Family
Zoning District (R3) (rezone pending), as generally depicted on site plan dated 4/12/2016 and
included with this Resolution.
Section 3. The Planning and Zoning Commission further finds that adherence to the
conditions of this permit is paramount in maintaining the intent of Seward City Code Section
15.10.320; Conditional Use Permits, and authorizes the administration to issue a Conditional Use
Permit. Additionally, the administration shall periodically confirm the use conforms to the
6
Seward Planning and Zoning Commission
Resolution 2016-05
Page 5
standards of its approval.
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3`l day of
May 2016.
THE CITY OF SEWARD
Cindy Ecklund, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT: Two
ATTEST:
Johanna Kinney, CMC,
City Clerk
(City Seal)
7
P&Z Agenda Statement
Meeting Date: May 3, 2016 ' SFS,
Through: Ron Long, Assistant City Manager
• 1 4 aP
From: Donna Glenz, Planner ,
Agenda Item: Granting a Conditional Use Permit to KPHI to
construct and operate a 5-unit senior housing facility on Lot 11A-
2, Fort Raymond Subdivision, Replat No. 4 (replat pending)
located at 2200 Dimond Blvd. within the Multi-Family Zoning
District (R-3) (rezone pending)
BACKGROUND &JUSTIFICATION:
Applicant Kenai Peninsula Housing Initiatives, Inc. (KPHI) has requested a Conditional Use
Permit (CUP) to construct and operate a 5 unit senior housing development on Lot 11A-2, Fort
Raymond No. 4 (replat pending); within the Multi-Family Zoning District(R3) (rezone pending).
On May 26, 2015 the City Council approved Resolution 2015-046 authorizing the disposal of the
approximate 1.7 acres of the south portion of City owned Lot 11A, Fort Raymond Subdivision
for the sole purpose of developing a senior housing facility by Kenai Peninsula Housing
Initiatives, Inc. (KPHI). The Council also required KPHI, at its own expense, complete all
zoning requirements, replatting and rezoning necessary for the development of the facility and
provide proof of financing sufficient for the project.
KPHI has received funding for the senior housing development and has moved forward with the
replatting of Lot 11A creating a southern lot approximately 1.5 acres, to be known as Lot 11A-2,
Fort Raymond Subdivision, Replat No. 4 (finalization of plat pending). KPHI has also moved
forward on the rezone, requesting the area to be known as Lot 11A-2, to be rezoned to Multi-
Family(R-3). Council will hold a public hearing on the rezone at its May 9th meeting.
• SURROUNDING LAND USE AND ZONING:
The adjoining properties to the north include the remainder of Lot 11A, used as the Forest Acres
Park and further out a mix of single family homes and undeveloped vacant land. To the west is
the large City owned parcel, zoned Institutional, leased to the US Army for a resort and lodging.
Areas to the south and southwest include the City owned parcel previously leased to the US Air
Force as a resort and campgrounds and a vacant parcel abutting the Seward Highway, both
parcels are zoned Institutional. The parcel to the east is vacant and currently used for
campgrounds, also zoned Institutional
8
Floodplain status: According to the FEMA Flood Insurance Rate Map, this property is not
located in a special flood hazard area.
Utilities:
The property is served by existing public utilities and access via Dimond Boulevard. The
developer will continue to work with staff, through the building permit process, to address
development needs. Adequate fire, police and trash services are available.
Parking:
Seward City Code§15.10.215 Parking, requires that two (2) parking spaces per unit and all •
maneuverability shall be provided on site within the Multi-Family Zoning District. The
applicant has provided a parking and one-way driveway plan that shows two (2) parking spaces
for each unit and all maneuverability on site.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (2020, approved by Council August 8, 2005):
3.2.1 Promote residential and commercial development within the
1. city of Seward in accordance with community values. (page 19) X
3.3.1.1 Support a range of housing choices that meet the needs of
people in various income and age groups. (page 22)
Strategic Plan (Approved by Council Resolution 99-043):
• Expand availability of affordable, diverse, year-round
housing.
o Seward has a wide range of housing alternatives to meet
2 the varied needs of Seward's long term and seasonal X
residents (Page 18,Bullet 3)
• Promote Residential and Commercial Development inside
the City. (Page 9,Bullet 2)
Encourage construction of residential and seasonal housing at all
market levels (Page 9,Bullet 2-1)
Municipal Lands Management Plan: (Adopted by Council
Resolution 2014-095)
2300 Dimond Blvd (between Sea Lion & Hemlock Avenues) Lot 11A,
3. Fort Raymond Subd Replat, X .
Description: Park parcel located on the east side of Dimond Blvd.
Recommendation: Continue use as a public park. Sell with a sound
development plan. (Page 20)
RECOMMENDED CONDITIONS:
1. The applicant shall obtain a current Building Permit before construction
begins on the site.
2. No Building Permit shall be issued until the Fort Raymond Replat No. 4 has
been completed and recorded.
9
3. No Building Permit shall be issued until the proposed Rezone is approved and
enacted by Council, and takes effect.
4. No Building Permit shall be issued until the land exchange between the City
and KPHI has been completed.
5. The applicant shall start a Job Order and work with the City Electric
Department to provide the required electric power needs.
6. Exterior lighting shall be approved during the Building Permit process in
accordance with SCC§15.10.215(h.)(1.).
7. All parking and maneuverability shall remain on site for the life of the use.
8. Construction waste and debris shall be removed weekly and upon completion
of construction.
9. Animal / Bird resistant dumpsters / containers shall be provided for all
garbage and refuse for the life of the use.
10. The applicant shall make every effort to provide landscaping to all areas not
utilized by the structures, parking areas and drive surfaces. Landscaping shall
facilitate the control of dust and the visual impact on neighboring properties.
11. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six months
from the date of approval if the use for which the permit was issued has not
been implemented or a building permit obtained. The Commission may grant
a six month extension upon finding that circumstances have not changed
sufficiently since the date of initial permit approval.
12. Modification of final approval of a conditional use permit may, upon
application by the permitee, be modified by the Planning and Zoning
Commission:
A. When changed conditions cause the conditional use to no longer
conform to the standards for its approval.
B. To implement a different development plan conforming to the
standards for its approval.
C. The modification plan shall be subject to a public hearing and a filing
fee set by City Council Resolution.
Property owners within three hundred (300) feet of Lot 11A-2 Fort Raymond were notified of
this proposed conditional use permit action. Public notice signage was posted on the property,
and all other public hearing requirements of Seward City Code §15. 01.040 were complied with.
At the time of publication of this report, staff has received no public comment.
RECOMMENDATION:
Based on the findings provided in Resolution 2016-05, staff recommends granting a Conditional
Use Permit to Kenai Peninsula Housing Initiatives, Inc. (KPHI) to construct and operate a 5-unit
multi-family development on Lot 11A2, Fort Raymond Replat No. 4, located at 2200 Dimond
Boulevard within the Multi-Family Zoning District subject to the conditions provided.
10
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TOTAL DEVELOPED AREA
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PHASE 1 BUILDING AREA
it I PHASE 1 PARKING = 5,862 SQUARE FT
= 8.196 SQUARE FT
i TOTAL PHASE 1 AREA = 14,058 SQUARE FT
"I 5 UNIT APARTMENT TOTAL
LOT AREA = 68,270 SQUARE FT
: '• 1 • ` TOTAL LOT COVERAGE PHASE 1 = 20.59%
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N Planning &Zoning May 3, 2016
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-CITY OF SEWARD
COMMUNITY DEVELOPMENT OFFICE
P.O. Box 167 • Seward, Alaska 99664
(907) 224-4048
CONDITIONAL USE PERMIT APPLICATION
This completed application is to be submitted to the Community Development Department no
later than three (3) weeks in advance of the next regularly scheduled Planning and Zoning
Commission meeting held the first Tuesday of each month. The application must be
accompanied by the $250.00 filing fee; and if property is already developed, an as-built
survey prepared by a surveyor registered in the State of Alaska or scaled site and elevation
plans for undeveloped land.
APPLICANT INFORMATION
Applicant: /ag 'I . . . .ia 114
Address:2 jfelephone No.:
Property Owner(if other than applicant):
Address: Telephone No.:
PROPERTY DESCRIPTION
Address: Lot Size: j,7 4:IV/SF)
Lot/M2 Block Subdivision 1b - i�QUmund Tax Parcel No.
I 1
Land Use Plan Designation:M(,(M -Q.niilN 51/IV-Zoning Designation: /✓� fOCQ_S,S CT." (P,ZC�►'li
j
DEVELOPMENT PROPOSAL INFORMATION
- F
" *
A. What structures are located on the property? 1Vble,
B. What is the existing use of the property? Palk
C. What is the proposed use of the property Ma Ili -4014 SEA 113r ( ?(L LU)d S
D. What isschedule?
your development time �• / •�' �, r! / I /,� _.
kaik toIaoll.- o C. *0/c R Le , Corrie it%o� 3�a/-e
CUP PERMIT 11/99 1 of 3
13
A .
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E. Prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit
(CUP), it shall be established that the use satisfies the following conditions (SCC §
15.10.320):
The applicant hereby alleges that:
1. The use is consistent with the purpose of the Seward Zoning Code and the purposes
of the zoning district:
•
.4. L ' f .I v. I di I I/, I.
2. The.value of the adjoining property will not be significantly impaired:
3. The proposed use is in harmony with the Seward Comprehensive Plan:
4. Public services and facilities are adequate to serve the proposed use:
5. The proposed use will not be harmful to the public safety, health or welfare:
Any and all specific conditions deemed necessary by the commission to fulfill the above-
mentioned conditions shall be met by the applicant. These may include but are not limited to
measures relative to access, screening, site development, building design, operation of the use
and other similar aspects related to the proposed use.
CUP PERMIT 11/99 2 of 3
14
F. Include building elevation plans and a site plan, drawn to scale. The site plan should
include: a) property dimensions; b) location and dimensions of existing and planned
buildings; c) parking configuration; d) driveways/access; e) natural features; and f)
other pertinent information.
I hereby certify that the above statements and other information submitted are true and
accurate to the best of my knowledge, and that I, as applicant, have the following legal
interest in the property:
( ) Owner of record;
( ) Lessee;
( ) ' Contract Purchaser;
( ) Authorized to act for a person who has the following legal interest:
I also understand that this item will be scheduled for action only if all application materials are
submitted not less than three weeks in advance of the next regularly scheduled Planning and
Zoning Commission meeting held the first Wednesday of each month.
/ � KPk
Applicant's Signature: 4411.1"WCRIfta— --X�Q'/177(/e rr .
Property Owner's Signature
•
Enclosed: Fee: $250 (/)
Site Plan (✓)
Elevation Plans (✓1'
Location Map (✓'
Other ( )
-
CUP PERMIT 11/98 3 of 3
15
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2016-06
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING
OF LOTS 11 AND 12, BLOCK 7, FEDERAL ADDITION, FROM SINGLE
FAMILY RESIDENTIAL (R1) TO TWO-FAMILY RESIDENTIAL (R2),
LOCATED AT 700 SECOND AVENUE
WHEREAS, applicant Kirk Hoessle has submitted an application and the filing fee,
requesting Lots 11 and 12, Block 7, Federal Addition, be rezoned from Single Family
Residential (R1)to Two-Family Residential (R2); and
WHEREAS, the current Zoning of the parcels at 700 Second Avenue is Single Family
Residential (R 1) and the current Land Use Plan map designation recommends the parcels be
rezoned to Two-Family Residential (R2); and
WHEREAS, the two, 5,000 square foot lots include a single family home and garage and
the property owner wishes to remodel and convert the home to a duplex; and
WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the
consideration of this rezone because the requested zoning district is recommended by the Land
Use Plan Map; and
WHEREAS, a goal of the Seward Comprehensive Plan is to bring the Zoning Map into
conformance with the Land Use Plan; and
WHEREAS, the public notification process was complied with and the appropriate
public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission
on May 3, 2016.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
16
Seward Planning and Zoning
Resolution 2016-06
Page 2
Section 1. The Seward Planning and Zoning Commission supports the proposed Zoning
amendment of Lots 11 and 12, Block 7, Federal Addition, from Single Family Residential (R1)
to Two-Family Residential (R2); and recommends that the attached Ordinance 2016- be
forwarded to City Council for approval.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of
May 2016.
THE CITY OF SEWARD, ALASKA
Cindy Ecklund, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
17
Sponsored by: Planning and Zoning Commission
Introduction Date:2016
Public Hearing Date: 2016
Enactment Date: 2016
CITY OF SEWARD, ALASKA
ORDINANCE 2016 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AMENDING THE ZONING MAP
DESIGNATION OF LOTS 11 AND 12, BLOCK 7, FEDERAL
ADDITION, FROM SINGLE FAMILY RESIDENTIAL (R1) TO
TWO-FAMILY RESIDENTIAL (R2) IN COMPLIANCE WITH
THE LAND USE PLAN, LOCATED AT 700 SECOND AVENUE
WHEREAS, property owner Kirk Hoessle has requested the rezone of Lots 11
and 12, Block 7, Federal Addition, from Single Family Residential (R1) to Two-Family
Residential (R2); and
WHEREAS, the two lots being considered for rezone contain approximately
10,000 square feet of land; and
WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3)
allows the consideration of this rezone because the requested zoning district is
recommended by the Land Use Plan; and
WHEREAS, the official Zoning Map described in SCC 15.01.030 will be
amended from Single Family Residential (R1); to Two-Family (R2) to bring the parcels
into conformance with the official Land Use map; and
WHEREAS, the Planning & Zoning Commission has complied with public
notice and public hearing procedures for amending zoning district designations, as
required by Title 15; and
WHEREAS, at the May 3, 2016 meeting, the Planning and Zoning Commission
reviewed the application, held a public hearing and recommended City Council approval
of the proposed zoning amendment included in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEWARD,ALASKA that:
Section 1. The Seward City Council hereby authorizes the amendment of the
official Zoning Map of the City by amending the zoning designation of Lots 11 and 12,
18
City of Seward
Ordinance No. 2016-
Page 2
Block 7, Federal Addition, from Single Family Residential (R1) to Two-Family
Residential (R2). (see attached map)
Section 2. This ordinance shall take effect ten (10)days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
THIS XXX DAY OF XXX 2016.
THE CITY OF SEWARD, ALASKA
Jean Bardarson,Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk (City Seal)
19
P&Z Agenda Statement
Meeting Date: May 3, 2016 ^y4-ststot
Through: Ron Long, Assistant City Manager ittiro
Donna Glenz, Planner Q '
From: Dwayne Atwood, Planning Technician
Agenda Item: Rezoning Lots 11 and 12, Block 7, Federal Addition, located at
700 Second Avenue, from Single Family Residential (R1) to Two-
Family(R2)
BACKGROUND &JUSTIFICATION:
Attached for the Commission's review and recommendation is Resolution 2016-06
recommending City Council approve the attached Ordinance 2016- , amending the Zoning
designation of Lots 11 and 12, Block 7, Federal Addition, from Single Family Residential (R1)
to Two-Family Residential (R2)(see attached maps).
Property owner Kirk Hoessle has stated he wishes to remodel an existing single family home to
create a duplex. In order to meet the development requirements of the City Zoning Code, the
property owner has requested a zoning amendment for Lots 11 and 12, Block 7, Federal
Addition, from Single Family Residential(R1)to Two-Family(R2).
Seward City Code (SCC) §15.01.035, Amendments, (b) (3) allows the consideration of this
rezone because the desired zoning designation of Two-Family(R2) is recommended by the Land
Use Plan. The Land Use Map, as adopted by the 2020 Comprehensive Plan, designates the area
requested for rezone as Two-family residential (R2) defined in SCC 15.05.025 (b). as Medium
density (one to seven dwelling units per acre) transitional housing area with a mix of single and
two-family units,free from other uses except those which are both compatible and convenient to
residents of such district.
• Lots 11 and 12 are each 50' X 100' and combined contain approximately 10,000 square feet. A
single family home currently exists predominately on the southern lot leaving most of the
northern lot available for development. In order for the proposed duplex project to move
forward, an interior lot line separating Lots 11 and 12 will need to be vacated. The property
owner has been made aware of the requirement and plans to proceed with a replat as part of the
proposed development. The development of a duplex would not increase the density of this
property beyond what is currently allowed by two single family homes.
The large lot across Second Avenue to the west contains the AVTEC Second Avenue Facility
and is zoned Institutional; the lots to the north and south are developed by single family homes
and within the Single Family Zoning District, the four lots to the east, across the alley are vacant
and zoned Auto Commercial. These lots are owned by one investor which has made several
20
recent inquiries on development of a large multi-family complex.
Recognizing that the primary concern of all zoning actions is to promote public health, safety
and general welfare (SCC 15.01.010), Community Development recommends this rezone for
several reasons:
1. This rezone will allow for the maximum use of Lots 11 and 12, Block 7, Federal
Addition by allowing the property owner to develop a duplex to the north.
2. This rezone would bring the zoning designation of Lots 11 and 12, Block 7, Federal
Addition into conformance with the current Land Use Plan. •
No objections or concerns were expressed from City staff.
At the time of this review one public comment was submitted to staff, which has been included
in the packet provided to the Commission. The comment spoke against the rezone.
Property owners within three hundred (300) feet of Lots 11 and 12, Block 7. Federal Addition
were notified of this proposed rezone. Public notice signage was posted on the property, and all
other public hearing requirements of Seward City Code §15. 01.040 were complied with.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (2020, approved by Council August 8,
2005):
3.2.1 Promote residential and commercial development within
1. the city of Seward in accordance with community values. X
(page 19)
3.3.1.1 Support a range of housing choices that meet the needs of
people in various income and age groups. (page 22)
Strategic Plan (Approved by Council Resolution 99-043):
• Pursue the community's vision through rigorous
implementation of the Comprehensive and Land Use
2. i Plans. (page 10)
o Work toward bringing the Zoning Map into
conformance with the Land Use Plan (Page 11,Bullet 5)
• Expand availability of affordable, diverse, year-round
housing. X
o Seward has a wide range of housing alternatives to
meet the varied needs of Seward's long term and
seasonal residents (Page 18,Bullet 3)
• Promote Residential and Commercial Development
inside the City. (Page 9,Bullet 2)
o Encourage construction of residential and seasonal
housin: at all market levels (Page 9, Bullet 2-1)
21
RECOMMENDATION:
Commission approve Resolution 2016-06, recommending City Council approval of the attached
Ordinance amending the Zoning designation of Lots 11 and 12, Block 7, Federal Addition, from
Single Family Residential (R1) to Two-Family (R2).
22
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u�^moi:-4
o N Planning &Zoning May 3, 2016
Due to different data sources property lines and aerial ' j
s. 0 120 240 Feet
imagery do not overlay correctly. Map is to be used for ac P #
orientation and reference purposes only. • Mapping Assistance by Alaska Map Company, LLC
23
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imagery do not overlay correctly. Map is to be used for 4( P #
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24
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25
Dwayne Atwood
From: Nelsen <nelsen@gci.net>
Sent: Tuesday, April 26, 2016 11:01 PM
To: Dwayne Atwood
Subject: Rezoning Lots 11 and 12, Block 7 -
Seward Planning and Zoning,
We are OPPOSSED to the rezoning of lots 11 and 12, block 7, Federal addition,from single family residential to two
• family residential.
Located at 700 Second Avenue.
Please do not allow this rezone, as we would like to preserve this neighborhood as being single family.
Thank-you,
Mike and Mary Nelsen
614 2"d Ave
Seward,Alaska 99664
This E-Mail transmission (and/or the documents accompanying it)
may contain information belonging to the sender which is confidential,
privileged and/or exempt from disclosure under applicable law. The
information is intended only for the use of the individual (s) or entity
named above. If you are not the intended recipient, you are hereby
notified that any disclosure, copying, distribution or the taking of any
action in reliance on the contents of this information is strictly
prohibited. If you have received this E-Mail transmission in error,
please immediately notify us by return E-Mail or telephone to arrange
for return of its contents including any documents.
Spam
Phish/Fraud
Not spam
Forget previous vote
26
RECEIVED
rtr�r
Per .. ........
LAND USE PLAN AMENDMENT - REZONING APPLICATION
Petitioner: t"! Yk.
Address: 1-pa 2-\A.&Q V\ Lt -e
Phone No: cd ('0-4 - 223 —
Legal Description: Le5 .44 'A 12� rbItC1J CY(5I tv.4.1rOcA)l xie Vf- co2 )#-y..',
AI
Physical Location: 9—D17C rev
Land Use Plan: Present: Proposed:
iii
�•Zoning District: Present: Q �� Pro osed: � L+ 0
Intended use and/or reason for rezoning: V►A-Q t`C ��4X� t ��� tV1 Iktt. 51 •ovit
Z o V\e._ wt-ey,e. 4-Nib rtQJi`G r c.►: - • o l+
5-4t -tcv-re e cam.- , r
A map is required to accompany this application! Proof of ownership for parcel(s)
must be available if Borough tax roles do not indicate applicant's name.
The APPLICATION and MAP (indicating the specific area) must be submitted together,
with a FEE of $250.00 (payable to the City of Seward) to the Community
Development Office.
Signatures of 51 % of property owners involved in the rezoned area.
SIGNATURE ADDRESS (legal) DATE
P
900 2a Aire 1.30 /I6
27
B:1ZONJNG4REZONE.APP 01/01
c scors
B Federal Addition to Seward
SEWARD g A Lots 11 & 12 Block 7 As—Built Survey
IINIPLocated in the NW1/4 Section 10, T1S R1W,SM, City of Seward, Noska.
' �- Kenai Peninsula Borough Seward Recording District plat 14
Q
L _ m Prepared for Prepared by • ._ A[�i
., .9rn' Z Mike & Brendo Rule Johnson Surveying '��P'.'g� =
o P.O. Box 1166 sax 27 �*:'4��•�;y}�
wow�yw„ 152
r, Seword,Ak 99664 Clam Gulch,Ak 99568; J vtnavnl
Q •a1 SCALE 1" = 20' 1 March, 2016 i
$�GERJOfMiSON: :
`1,,,%:..73 73 288 - S/1.4
�
ct-
1:04.4
.wmotj.•
VICINITY 1'• = 2000' MAP
NOTES
1.Lot is on City water & sewer.
2. Lots topography is flat.
3. Consult City zoning regulations for setbacks.
Lot 10
I N$
I 40 ' 0 '
g 57'E 99.6' fence
_,
�
' 1 I u
el11 s
t
8•
, LJ
Q I °"�`
8.0 7.5 LOT 11 'Fr, Lot 2
En
roof FO tank Q 1 Q
18.0•
cn
porch® ��
I driveway — 0)hone ped
zLOT 12 Z 7.5' roof 14'
'
LJ' I 3.8' oh 47.1' _
wtr vlv0Ij
(� drivewoy ^dc frEp
HOUSE • — ONi
11.0' - _no ' 24• Lot 1
J 16s
\ I 37.T _ garage o
N 1
U ! Idi
18.6• i
S89° 57'W 99.6' 52' 1.8'
I
•V) 0 sewer MH
_ _ C/L A STREET
•
28
I
Memorandum
sof Sett
Date: May 3, 2016 ltn`sKP
To: Planning and Zoning Commission
Through: Donna Glenz, Planner
From: Dwayne Atwood, Planning Technician
Subject: Planning& Zoning Commission May 17 Work Session Topic
The Planning and Zoning Commission is scheduled to hold a regular work session at 6 p.m. on
Tuesday, May 17. No topic has been set. If necessary, the work session could be dedicated to
reviewing the Parks and Recreation Department Master Plan with director Karin Sturdy.
Recommendation: Staff recommends the Commission poll members for the availability of a
quorum and set the May 17 work session topic.
29
City of Seward,Alaska Planning Commission Minutes
April 5, 2016 Volume 7, Page 179
Call to Order
The April 5, 2016 Regular Meeting of the Seward Planning & Zoning Commission was
called to order at 7:03 p.m. by Chair Cindy Ecklund.
Opening Ceremony
Commissioner Swann led the Pledge of Allegiance to the flag.
Roll Call
There were present:
Cindy Ecklund presiding, and
GarySeese M. . •s.sg
Janet Coulter Tom Swann
Margaret Anderso. _• at 7:08 p.m.
comprising a quorum of the Commis in; an 2
Planner
ayne A •d, Planninechnician
City Administration Re,
P r i . enz the Commission on the following business items:
G�f
4,' .City Council noted " presence of Planning and Zoning Commissioners at a
re ' arijuana re., on .rk session. The participation was appreciated, Glenz said.
• No oodplain • elopment permits had been issued since the last Planning and
• Zoning ission lular meeting.
• The Sewar. "eek Flood Advisory Board approved $5,000 in funding at an April 4 ,
meeting to ex.` 'e the drainage problems at the southern portion of the Lagoon, near
Van Buren Str`-t and Second Avenue.
• Glenz reported that 20 building permits had been reviewed to date, which was a
substantial increase in early season construction.
• On March 31 he Public Works Department held a ribbon cutting ceremony for the
completion of the new North Seward Water Storage Tank and Pumping Facility.
• The Seward Marine Industrial Center breakwater project was on schedule. A nearby
sewer outfall had also been replaced.
• New lighting had been installed on A and S floats in the Seward Small Boat Harbor.
30
City of Seward, Alaska Planning Commission Minutes
April 5, 2016 Volume 7, Page 180
• Harmon Construction was on schedule to complete the northeast fish cleaning station in
the Seward Small Boat Harbor.
• Glenz noted the Commission had laydown documents, including a grant report for an
ongoing Comprehensive Plan Update and a notice for the annual Permitting & Agency
Information Day on April 13.
• The Kenai Peninsula Borough Assembly was scheduled to meet in Seward on April 19.
• Glenz noted she would be out of the office from April 14 through April 25.
In response to Ecklund, Glenz explained that the sewer outfall exte . . -d earlier was part of
the SMIC breakwater improvement project.
Other Reports,Announcements & Presentations—None
ti's
Citizens' Comments on any subject except those sduled for Public • - . —None
Approval of Agenda and Consent Agenda
Motion (Fleming/Swann) Appr, = ,e Agenda and Consent Agenda
Motion Passed • %' /� Unanimo
•The following item was approved on the ' o
sen
ter/ �,%,iii
February 2,20 Meeting Mid; tes 7
%:
Special Items—
Election ,of �, �, Vice
Glen yed the proce. ., the '• . •n and election process.
Ecklund o l':' .. the floor to =;-pt nominations for Chair
�v,,
Motion (Flemin'" ,:se) Close the nominations for Chair and elect .
/%7,, Commissioner Ecklund as Chair of the
Planning and Zoning Commission.
Motion Passed Unanimous Consent
Ecklund opened the floor to accept nominations for Vice Chair
Tom Swami and Martha Fleming were nominated from the floor.
Ballots were cast and counted: Fleming 5, Swann 1.
31
City of Seward, Alaska Planning Commission Minutes
April 5, 2016 Volume 7, Page 181
Motion (Anderson/Swann) Close the nominations for Vice Chair and
elect Martha Fleming as Vice Chair of the
Planning and Zoning Commission.
Motion Passed Unanimous Consent
Unfinished Business Items requiring a Public Hearing—None
New Business Items requiring a Public Hearing—
Resolution 2016-03 of the Seward Planning and Zigittbi4 mmission of the
City of Seward, Alaska recommending City Coil appigift,the attached
ordinance amending the Land Use Plan anOroling desi ;on of City
owned Lot 11A-2,Fort Raymond Subdivisi ,'Replat No.4,(Re. -• rending)
located at approximately 2200 Dimondulevard,,from Park (P) Iyati-
Family (R-3) t ; v
Motion (Fleming/Swann) Appitesolution 2016-03
Glenz noted that the approximately 1.5 ' ,,.cel was to b rAyelpped by Kenai Peninsula
Housing Initiatives (KPHI) to create seve u - / enior houskir required platting was
being reviewed by the Kenai Peninsula +roup V• ,, z ;sai.. City Code allowed for the
independent zoning design 1 because the •, 'was . ,��i an 1 acre. No public concerns
expressed during ,otice perio.• -;fid staff s ,/..v-
were orted the proposed rezone, Glenz
said. s *
r
%/
Glenz requested an ame t ached o, nance, removing reference to "non-income
based" notin . .:��y ncil h-.'rx+.pro . en 2015-081 removing the"non-income based"
reference l' / • ree etween 4'HI and the City.
Ecl • ' , d staff to pro• ';� more Abibrmation about the project, specifically the number of
•units that ,,t be income • . d.
•
• Glenz stated the = t fundi - sources for the project required that up to 50 percent of the units
yam, ""
be income based. %,•,w a change from the original project concept. The current project
included 5 units, of w'p,- HI stated two were to be income based.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Hearing no one wishing to speak,the public hearing was closed.
32
City of Seward,Alaska Planning Commission Minutes
April 5, 2016 Volume 7, Page 182
Motion (Swann/Fleming) Amend the attached ordinance by
striking the words "non-income based"
from the first Whereas
In response to Ecklund, Glenz said the same amendment could be made to the resolution,
following the amendment to the proposed ordinance. Commissioners further discussed the
resolution and ordinance.
Motion Passed Unanimous 4 ''
Motion (Ecklund/Swann) Amend R.01
2016-03 by striking the
words " n-inc based" from the first
Wilt* �`�".
Motion Passed ' panimow,s Consent ' •:.
•
Ecklund said she understood the Multi-Family zon st; but observed that highway
properties were largely zoned Auto Commercial.
?��y 'per.,
Glenz referred Commissioners to a zo' is „ •, which in' • ipost of the surrounding
property was zoned Institutional and noted4e °` a not borde Seward Highway.
/
Main Motion Passed,as a i •a •ed % ,� nan ; ;. "Consent
Unfinished Business;'::'one
New Business Items— ; k._
�rw
RJB . 10 s, i14 of lanning and Zoning Commission of the City of Seward,
• •
aska recom ng t 4,it Council approval of the Planning and Zoning
"' ', mission prio � fromil 2016 to April 2017
Glenz provi• e Commiss;/' with the work session history and the direction provided by City
Council. Amon ` annual gorities, Council did recommend working on City Code changes to
allow the platting s are foot lots.
Motion (Swann/Fleug) Approve Resolution 2016-04
Anderson asked staff if the required Code changes to accommodate the platting of 3,000 square
foot lots would be extensive.
Glenz stated the required Code amendments would require extensive code review work to be
sure no code conflicts were created. Glenz also said some coordination with the Kenai Peninsula
33
City of Seward,Alaska Planning Commission Minutes
April 5, 2016 Volume 7, Page 183
Borough platting department was needed because the Borough required minimum lot widths of
60 feet.
Seese questioned why the City of Seward could not continue to develop and create 3,000 square
foot lots as it wished.
Glenz explained the Kenai Peninsula Borough obtained platting authority from the State and the
. City obtained Zoning from the Borough in 1978, but the Borou retained final platting
authority. She noted the minimum lot size in the Borough Code is .. g4'Square feet if served by
public utilities. Glenz also noted there was a provision in the Borsch Code that allowed smaller
lots if the City established, by ordinance, different minimums `Otitik went on to note that the
development of 3,000 square foot lots was difficult if there was not iiiiitilley to provide needed
utilities.
The Commission further discussed platting, als and related Code a , int issues.
Commissioners voiced agreement that the Comp�1ye Plandate was goin 'take a great
deal of time and was the number one priority.
Motion Passed Unanim
�,
4-504i
Discussion and Selection of a Cori ;',,,,:', ,,,o Present Us.Quarterly Report
to the City Council at the April 118116 ,, Y.ry
4. ,,fir %4'
Glenz noted the City Co , ion regardi ° quarterly reports, both written and in person. A
Commissioner neededt,treview*report and b4vailable for questions at the April 11 meeting.
Ecklund requested a volu
. wy.`
Commi•ss;,;-/-r�t" ��' ' swat • was available for the April 11 report to City Council.
Inf i 1 ' al Items ani' % a orts(6fction required)
/71V� ,gion X Neje
FE / etter
. '. ,
2016 Plan ,:j,. ing Meeting Schedule and Calendar
April Kenai P insula Borough Assembly Meeting Reminder
April 19 Work Session Reminder
Commission Comments—
Swann said he would be leaving town in approximately one week and was uncertain when he
would return.
34
City of Seward,Alaska Planning Commission Minutes
April 5, 2016 Volume 7, Page 184
Anderson asked staff about the status of the Comprehensive Plan Update.
Glenz said staff held a teleconference with the contractor, and directed Commissioners to the
grant quarterly report provided as a laydown. In response to Fleming, Glenz said the contractor
had begun work but did not know the specific dates for upcoming public meetings.
Anderson asked about the recent dedication for the City's northern water tank. Glenz said the
new tank was operational.
Commissioner Coulter indicated that due to family health issues Ake was moving to Anchorage
and would resign from the Planning and Zoning Commission. SIlelked the Commission and
staff, noting she had enjoyed her time on the Commission.
Commissioners and staff thanked Coulter for her service and whished her wet
Fleming asked about a water pump station in the aMtvf the hh school, which'*ft peared to be
removed. Glenz said the pump station was removed 'inn die north water tank was put into
operation.
Citizens' Comments—None
Commission and Administration Respons o Cit mments—None
Adjournment
Meeting adjourned at'7:.:$45 p.m. e
Dwa twood, ,, Cindy Ecklund
Pl. chnician 1i Chair
(City Seal)
•
/4//79#
35
MEMORANDUM yo, SE``,o
City of Seward %Qr1=Nt
Community Development 4`AsKP
Date: May 3, 2016
To: Planning and Zoning Commiss.
Through: Donna Glenz, Planner
From: Dwayne Atwood, Planning Technician bk
Subject: Reminder of Flood Board joint Work Session at 6:00 p.m. Tuesday,
June 7,2016.
The quarterly joint work session with the Seward Bear Creek Flood Service Area Board
is scheduled for Tuesday, June 7, 2016 from 6:00 to 6:50 p.m. in the City Hall Annex
Building/Community Development Department offices.
The regularly scheduled June Planning and Zoning meeting will directly follow the work
session, beginning at 7:00 p.m.
It is assumed you will be in attendance unless you notify Community Development Staff
prior to the scheduled work session. (Dwayne Atwood, 224-4049)
This memo is to serve as a reminder for scheduling and discussion purposes.
36
Memorandum
s.
CITY OF SEWARD :4 ,- s
COMMUNITY DEVELOPMENT °
Date: November 3, 2015 a�as�P
To: Planning&Zoning Commission
Through: Donna Glenz, Planner
From: Dwayne Atwood, Planning Technician
Subject: 2016-Planning&Zoning Meeting Schedule
This memo is to provide a schedule of the Planning & Zoning Commission Meetings for the calendar year 2016.
Unless otherwise noted the P & Z regular meetings will begin at 7:00 p.m. The "Scheduled Special Meetings"
shall be held ONLY if a Public Hearing item is on the agenda and will commence at 7:00 pm, otherwise the
gathering will be a work session commencing at 6:00 pm.
Month Regular Meeting Special P&Z Meeting for Public Hearings 7:00 pm
OR scheduled Work Sessions begin at 6:00 pm
January January 5 January 19
February February 2 February 16
March March I (Note: March 1 Flood Board Work Session at 6:00)
March 15
April April 5 April 19
May May 3 May 17
June June 7 (Note:June 7 Flood Board Work Session at 6:00)
June 21
July 3 -3 July 19(Rescheduled Regular Meeting)
August August 2 August 16
September September 6 (Note: Sept. 6 Flood Board Work Session at 6:00)
September 20
October October 4 October 18(Borough&Local Elections on October 4)
November November 1 November 15 (National Election on November 1)
December December 6 (Note: Dec.6 Flood Board Work Session at 6:00)
December 20
January January 3,2017 January 17,2017
If you have questions or concerns or cannot attend,please call 224-4049 or email datwoodC cityofseward.net.
37
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