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HomeMy WebLinkAbout04152008 Planning & Zoning PacketSeward Planning Commission Agenda Packet April 1 S, 2008 Special Meeting City Council Chambers Beginning at 7:30 pm Seward Planning & Zoning Commission Marianna Keil Chair Term Expires 02110 Sue McClure Commissioner Term Expires 02110 Margaret Anderson Vice Chair Term Expires 02109 Vacant Commissioner Term Expires 02109 Steven Heinrich Commissioner Term Expires 02111 Sandie Roach' Commissioner Term Expires 02110 Vacant Commissioner Term Expires 02111 Phillip Oates City Manager Bob Hicks Community Development Director Donna Glenz Planning Assistant Anne Bailey Executive Liaison 1. Call to Order 2. Opening Ceremony A. Pledge of Allegiance 3. Roll Call 4. Special Reports & Presentations A. City Administration Report 1. Reported Violations, Interpretation and Abatement B. Other Reports, Announcements & Presentations 5. Citizens' Comments on any subject except those items scheduled for public hearing. [Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item] 6. Approval of Agenda and Consent Agenda. [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda.] Planning & Zoning Commission Special Meeting Agenda April 15, 2008 Page 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 2008-06 05 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, Amending the Original Conditional Use Pen -nit Issued to Nathan Orr by Resolution 99-04 to Allow Demolition, Remodel and Construction of an Additional 22 Unit Motel on Lot 3A, Block 18, Federal Addition, Orr Replat, 909 Fourth Avenue............ Page 3 2. Resolution 2008-07 05 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to Tom Swann to Construct a Four -Unit Townhouse Complex Within the Central Business District on Current Lots 7-14, Block 7, Original Townsite of Seward at the Corner of Ballaine and Railway, 223 Ballaine BoulevardPage 25 3. Resolution 2008-08 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, Recommending the Seward City Council Amend the Development Requirements of the Seward City Code Table 15.10.220., To Decrease Required Front Setbacks Within the Industrial Zoning District From 20 Feet to 10 Feet ......................................... Page 45 S. Unfinished Business — None 9. New Business — * A. April 1, 2008 Regular Meeting Minutes ...................................................... Page 67 10. Informational Items and Reports (No action required)- None 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 & Zoning Commission April 15, 2008 2 Special Meeting Agenda Page 2 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-06 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, AMENDING THE ORIGINAL CONDITIONAL USE PERMIT ISSUED TO NATHAN ORR BY RESOLUTION 99-04 TO ALLOW DEMOLITION, REMODEL AND CONSTRUCTION OF A 22 UNIT MOTEL ON LOT 3A, BLOCK 18, FEDERAL ADDITION, ORR REPLAT, 909 FOURTH AVENUE WHEREAS, applicant Nathan Orr was granted a Conditional Use Permit (CUP) by Planning and Zoning Commission Resolution 99-04, on June 2, 1999 to develop a 12 Unit motel on Lots 3 and 4, Federal Addition, and WHEREAS, the applicant has applied to amend the original CUP to remove remodel and construct a 22 unit motel on the replatted parcel of Lot 3A, Block 18, Federal Addition, Orr Replat, for a total of 34 units, and WHEREAS, the parcel is currently zoned Central Business District (CBD), and WHEREAS, according to the Seward City Code, §15.10.225 Land Uses Allowed Table, a motel within the Central Business District (CBD) is a conditionally permitted use, and WHEREAS, having complied with the public notification process, the Seward Planning and Zoning Commission held the required CUP public hearing on April 15, 2008. NOW THEREFORE BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. According to SCC § 15.10.320.D, the Commission shall establish findings that the use satisfies the following conditions prior to granting a conditional use permit: "The use is consistent with the purpose of this chapter [the Seward Zoning Code] and the purposes of the zoning district," (SCC §15.10.320.D.1) .r7 Seward Planning and Zoning Commission Resolution No. 2008-06 Page 2 Findings: This condition has been or will be established through the conditions. Zoning: The property is zoned Central. Business District (CBD). The Central Business District is intended to provide for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. Hotels and motels are allowed in the Central Business District by Conditional Use Permit. Setbacks. There are no building setbacks required in the CBD, except where the CBD abuts a residential district a minimum setback equal to that required of the abutting residential district is required. Although the abutting parcel to the South is zoned Central Business District the use has been a single family home with a business. Condition number 1 of the existing CUP states "a minimum five foot setback is required along the south property line. " Based on the submitted site plan a five foot setback from the south property line was provided during the construction of the existing two story 12 unit structure and this condition shall continue to remain in affect. Parking. The current site plan identifies off-street parking for the motel. Although the Zoning Code does not require any on -site parking in the CBD, condition number 2 of the existing CUP required "one off-street parking space per guest unit for a total of 12 on -site parking spaces". In zoning districts that require parking, hotels and motels are required to provide one space per guest unit. Based on the submitted site plan, the developer continues to provide the currently required 12 spaces plus 16 additional on site spaces for a total of 28 spaces. Based on historic occupancy records of Murphy's Motel, the developer has submitted a request that the Commission allow less than a full space per unit. The developer has requested a .8 ratio for the 34 units for a total of 27.2 or 28 full spaces. "The value of adjoining property will not be significantly impaired" (SCC §15.10.320.D.2) Finding: This condition has been met. The neighboring properties are predominantly commercial including an auto service business and boat storage yard to the north; business and single family homes to the south; the city -owned ball field to the east and a bank and commercial office building to the west. The existing 17 unit motel has operated for many years on the same parcel. There is no indication that the proposed 4 Seward Planning and Zoning Commission Resolution No. 2008-06 Page 3 remodel and expansion of the motel would negatively impair the value of adjoining property. Condition number 3 of the existing CUP required "All areas not devoted to buildings, drives, walks, parking .areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. " This condition shall continue to remain in affect. "The proposed use is in harmony with the Seward Comprehensive Plan." (SCC §15.10.320.D.3) Finding: The proposal is in harmony with the Seward 2020 Comprehensive Plan and Strategic Plan in that both plans encourage growth of year-round business. Seward 2020 Comprehensive Plan Promote residential and commercial development within the city of Seward in accordance with community values. (Section 3.2.1 at Vol. 1, page 19) Promote expansion and development of local entrepreneurial businesses. (Community Values at Vol. 1, page 16) Strategic Plan The Strategic Plan encourages development that is consistent with our economic base vision. "Promote Residential and Commercial Development hiside the City." (page 9) "Public Services and facilities are adequate to serve the proposed use." (SCC §15.10.320.D.4) Finding: This condition has been or will be established through the conditions. Water, sewer, and power are available to the property; however city staff has indicated that upgrades to the services may be required to adequately cover the increased demand. Adequate fire, police and solid waste disposal services are available to the property. City code also requires that every business within the City must provide containers suitable for refuse collection (SCC 14.05). Based on the submitted site plan the dumpster is screened and located off the rear alley. All construction waste and debris must be removed weekly and upon completion of construction. "The proposed use will not be harmful to the public safety, health or welfare. " (SCC §15.10.320.D.5) Finding: This condition has been established or will be through the conditions. There is no evidence that the proposed remodel and expansion of the motel, as proposed, would be harmful to the public's safety, health and welfare. The 5 Seward Planning and Zoning Commission Resolution No. 2008-06 Page 4 building construction shall meet all current building and fire code requirements. Close walking proximity to the Seward Small Boat Harbor makes the motel location beneficial to visitor circulation supporting the Harbor Commercial business district. "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." (SCC §15.10.320.D.6) Section 2. Based on the above findings and conclusions, the amended CUP is approved subject to the following conditions: 1. In accordance with the Land Use Plan designation of Auto Commercial and to minimize the impacts on the adjacent property to the south, a minimum five foot setback is required along the south property line. (This condition shall remain in affect) 2. One off-street parking space per guest unit shall be provided for the life of the motel. The required parking must meet the requirements of Seward City Code §15.10.215 as it applies to hotels and motels, and must be approved by staff through the building permit process. 3. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. 4. A traffic ingress and egress plan shall be submitted to and approved by the City. 5. The applicant shall continue to work with the City staff through the building permit process to address and accomplish the required upgrades to the public utilities. 6. The Planning and Zoning Commission may modify this conditional use permit if changed uses no longer conform to the standards and legal requirements justifying its present approval, or if the permittee applies for a modification to meet a different development plan that conforms to the standards and legal requirements for approval of a conditional use permit. 7. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shall occur only after payment of the filing 0 Seward Planning and Zoning Commission Resolution No. 2008-06 Page 5 fee established by resolution of the city council. Section 3. The Planning and Zoning Commission finds the proposed use, subject to the above conditions satisfies the criteria for granting an amended 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 for the additional 22 units, for a total of a 34 unit motel to Nathan Orr at 909 Fourth Avenue, Lot 3A, Block 18, Federal Addition, Orr Replat, subject to the above conditions. Section 4. The Planning and Zoning Commission 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 standards of its approval. Section 5. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15th day of April 2008. AYES: NOES: ABSENT: ABSTAIN: VACANT: Two ATTEST: Jean Lewis, CMC City Clerk (City Sea]) THE CITY OF SEWARD Marianna Keil, Chair 7 P&Z Agenda Statement Meeting Date: April 15, 2008 , Through: Bob Hicks, Community Development Director From: Donna Glenz, Planning Assistant Agenda Item: Resolution 2008-06 amending the original Conditional Use Permit issued to Nathan Orr by Resolution 99-04 to allow demolition, remodel and construction of an additional 22 units, for a total of a 34 unit motel on Lot 3A, Block 18, Federal Addition, Orr Replat, 909 Fourth Avenue BACKGROUND & JUSTIFICATION: Applicant Nathan Orr has applied to amend a Conditional Use Permit (CUP), issued by Planning and Zoning Resolution 99-04 which allowed the development and operation of a 12 unit motel addition, on Lots 3 and 4, Block 18, within the Central Business District (CBD). During the Conditional Use Permit and Building Permit process it was required that the applicant replat the Lots 3-6, Block 18, Federal Addition to vacate the interior lot lines. Per SCC §12.01.030 Platted property lines. "No building, except a single family residence, may be constructed across platted property lines. This was accomplished by replat 2005-18, completed in November of 2005, combining the four lots into one now known as Lot 3A, Block 18, Federal Addition. Hotel/Motel is allowed by Conditional Use Permit (CUP) in the Central Business (CBD) Zoning District, as per SCC Land Uses Allowed Table §15.10.225. The CBD is intended to provide for convenient, attractive, concentrated commercial development intended for retail, financial, entertainment and professional services occurring within enclosed structures. No adverse impacts to adjoining properties or other properties in the neighborhood or the Central Business District are anticipated. SURROUNDING LAND USE AND ZONING: The neighboring properties are predominantly commercial including an auto service business and boat storage yard to the north, within the CBD; business and single family homes to the south, within the CBD; the city -owned ball field to the east zoned Park and a bank and commercial office building to the west also within the CBD. The existing 17 unit motel has operated for many years on the same parcel. Floodplain status: According to the FEMA Flood Insurance Rate Map, the property is not located in a floodplain. Utilities. The property is served by existing public utilities and developed streets. Staff comments have 0 included the possible need for upgrades to the existing utilities due to the increase in demand by this proposed development. The developer has been made aware of these possible upgrades and will continue to work with staff, through the building permit process, to address and accomplish these upgrades. Parking. Although SCC § 15.10.215 Parking does not require off street parking within the Central Business District, public Right of Way parking is limited in the area. The Commission has historically required the applicants of Hotel/Motel Conditional Use Permits to provide on site parking. While the applicant has indicated on site parking on the site plan he has submitted a written appeal to the Commission requesting he be allowed to provide less that one space per quest room. The applicant has reviewed the history of the current motel occupancy and provided a written account for the Commission to review. The applicant is requesting the Commission allow him to provide .8 (eight tenths) of a parking space per room. This would require 28 spaces be provided out of the 34 unit motel. Condition 2 of the CUP issued through P&Z Resolution 99-04 requires 12 on site parking spaces be provided. Staff has moved Condition 2 forward changing the number of parking spaces to require one per guest unit. Staff recommends the Commission review and amend Condition 2 as appropriate. CONSISTENCY CHECKLIST: Seward Comprehensive Plan (10201 Yes No X 3.2.1 Promote residential and commercial development within the city of Seward in accordance with community values. (page 19) Promote expansion and development of local entrepreneurial businesses. (page 16) Strategic Plan (1999) X The Strategic Plan encourages development that is consistent with our economic base vision. "Promote Residential and Commercial Development Inside the City." (Page 9) Property owners within three hundred (300) feet of Lot 3A, Block 18, Federal Addition were notified of this proposed conditional use permit action. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with. At this time of publication of this report, staff has received no public comment. If any comments are received after this publication, they will be presented to the Commission at the April 15, 2008 meeting. RECOMMENDED CONDITIONS: Staff has forwarded the conditions from the previous CUP with recommendations of action. The N administration recommends imposition of the following condition for the permit: 1. (Condition 1 brought forward from CUP 99-04) In accordance with the Land Use Plan designation of Auto Commercial and to minimize the impacts on the adjacent property to the south, a minimum five foot setback is required along the south property line. (This condition shall remain in affect) 2. (Condition 2 brought forward from CUP 99-04) ....shall provide one off-street parking space per guest unit for a total of 12 on -site parking spaces. The required parking shall be provided in accordance with Seward City Code Section 15.10.215 Parking. This condition shall be amended to read as follows: 2 One off-street parking space per guest unit shall be provided for the life of the motel. The required parking must meet the requirements of Seward City Code 15.10.215, Parking and be approved by staff through the Building Permit process. 3. (Condition 3 brought forward from CUP 99-04) All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. (This condition shall remain in affect) 4. Traffic ingress and egress plan shall be submitted and approved by the City. 5. The applicant shall continue to work with staff through the building permit process to address and accomplish the required upgrades to the public utilities. The Planning and Zoning Commission has, in the past, requested that all conditional use permits contain provisions addressing changed uses and different development plans in the future. The following provisions are an edited redraft of language and formats used in past conditional use permits: 6. The Planning and Zoning Commission may modify this conditional use permit if changed uses no longer conform to the standards and legal requirements justifying its present approval, or if the permittee applies for a modification to meet a different development plan that conforms to the standards and legal requirements for approval of a conditional use permit. 7. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shall occur only after payment of the filing fee established by resolution of the city council. CONSISTENCY CHECKLIST: Seward Comprehensive Plan (2020) Yes No X 3.2.1 Promote residential and commercial development within the city of Seward in accordance 10 with community values. (page 19) Promote expansion and development of local entrepreneurial businesses. (page 16) Strategic Plan (1999) X The Strategic Plan encourages development that is consistent with our economic base vision. "Promote Residential and Commercial Development Inside the City." (Page 9) RECOMMENDATION: The Community Development Department staff recommends approval of Resolution 2008-06 amending the original Conditional Use Permit issued to Nathan Orr, dba Murphys Motel, by Resolution 99-04 to allow demolition, remodel and construction of an additional 22 units, for a total of a 34 unit motel, on Lot 3A, Block 18, Federal Addition, Orr Replat, 909 Fourth Avenue. That Resolution includes the conditions recommended above. 11 CITY OF SEWARD COMMUNITY DEVELOPMENT OFFICE P.O. Box 167 3 Seward, Alaska 9 9 6 6 4 (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: Nathan Orr Address: Box 1409 Telephone No.: 907 362 1533 Seward Ak, 00664 Property Owner (if other than applicant): Address: PROPERTY DESCRIPTION Telephone No.: Address: 909 Fourth Ave. Seward Ak. Lot Size:20,000 sf (acres/SF) .5 Lot 3A Block 18 Subdivision Town site Land Use Plan Designation: DEVELOPMENT PROPOSAL INFORMATION Tax Parcel No. A. What structures are located on the property? Zoning Designation:CBD B. What is the existing use of the property? MOTEL C. What is the proposed use of the property MOTEL D. What is your development time schedule? START CONSTRUCTION SEPT. 2008 COP PDPIYCI I I I" CITY OF SEWARD i 1 FF 12 ;3 7 PLAt'NING OFFICE Iof3 12 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: The use is consistent with the purpose of the Seward Zoning Code and the purposes of the zoning district: Motel lodging businesses are allowed in The CBD zoning dist. 2. The value of the adjoining property will not be significantly impaired: Existing 55 year old structure will be removed. It will be replaced with a new building this will increase the value of this property. This may also raise values for adjoining property. 3. The proposed use is in harmony with the Seward Comprehensive Plan: Seward Comp. plans calls for orderly development of business and residential properties in this area. Buildings and landscape are designed to fit into existing surroundings. 4. Public services and facilities are adequate to serve the proposed use: Property is currently served by all public utilities and there is no problem providing additional water, sewer and electrical power. 5. The proposed use will not be harmful to the public safety, health or welfare:Project will be constructed to current IBC code as well as all applicable City codes and requirements for traffic control and parking requirements. The project will not be ��a i$futrto pvb}tc sa€uty --_-�. health or welfare. CF: Y OF ;t_'%',AmD Any and all specific conditions deemed necessary by the commission to fiiTfill tb-e-abov - mentioned conditions shall be met by the applicant. These may include but are not limited to CUP PERMIT 1 1 199 2oI3 13 measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. CUP PERMIT 1 1 199 CITY CF i I 3013 14 F. Include building elevation plans and a site plan, drawn to scale. The site plan should include: a) property dimensions; la) location and dimensions of existing and planned buildings; c) parking configuration; d) drivewayslaccess; 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: ,(I 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 hel t first Wednesday of each month. Applicant's Signature; 02L1/--Z Property Owner's Signature Enclosed: Fee: $250 AK.. Site Plan Elevation Plans Location Map { ) Other { ) CUP PEPIMIT 3 1 /99 3 o f 3 15 1 1 l 1 I I ( I I 1 1 1 1LOT II LOT Ip 1 LOT 9 1 LOT S LOT 7 1 I y N ALLEY - - - - - - - - - - - - - - - - - $"x - - - - - - - - - - - - - IJOO as 04 E wool (20o R) TEX16TINC2 I5UILDINO I LOT 2 0 rc p 5 10 15 20 25 50 --------------- _Eaf H AV Ni _-----_—_—_ }+ CIT' OF SEWARD - �I 51TE LA UO rej , — a r. w j I I T� j PLANNING OFFICE Q L LU J W rtvNnie: n!mlm7a ucg4r wl c+ecnrv. u� cwFtE J9P w: DAtEMMU1 f0LlOD -4 LOT 7 NOfE I' VF IT C� w1FRaElAE I Rlr D I I WITTIIN 7YE RIGHT cP WAY S6N I 1 I I F IIIJ5rN1E1J WIiT1 Ti'E FfRM1551QJ L£ I rE9� PRO�O I 1 1 6FErI F-13 *V MA14TAIN I 1 LOT LOT 10 LOT 9 LOT 8 TFEM FOR TFE RRATM LE OATERf lw rLor 6F PA9' (NEW a FxSnW, _j—CafYWIRI ORY a'NAW 5TMDNROSJ ALLEY 6 !• MOW OTC WAY 9 eJ��r AJE WAY. a�r� �r v� 13�-119Yr zvrtwv servo �rvv< 'e NOO Od 05F WV,5' (Wa R) II I 21 II 12 13 14 15 Ib 17 15 19 20 21 22 I I 29 d 3 1 iL I v� A q1 1 s ry LOT 3A r 5 OTC WAY LOTU 27 -i E%ISTIWO PARrw , pL_ 7�2 I _____ I I EXISTING Two STOPY 6UILPINC� "G' 1 (12 UNITS) �3 1 --- ------ --- --- — - N90 od 22V 199%' (wa R) WSRB( N„� I a I E%15rIN6 E%EE OF ROPD "% Tr OF ROAD f�EP6E ) — - — - — - - - -- — - — - — - - - - - — - — - — - — - — - f�aiPrh vENUE -CLr�P,�APD iI SITE LAYOUT O 5 10 15 20 25 5p I 4 f— 6'irili 2 ✓ 1 Pt FF,CE J 0 P ,APATE. A/01/as/0 �� w PK" " ae mw Na CArE'MKKtn !O, ]OOD G-Z 9l N 1 rn �mgo. =! V y F I W F 5-p 0 s-0 O 19O s € 'z MURPHI^S MOTEL FOURTH AVENUE s Z SEWARD, ALASKA SITE DETAILS W a rags i vi t Donna Glenz From: Nathan Orr [norr@gci.net] Sent: Tuesday, April 01, 2008 6:33 AM To: Donna Glenz Subject: Murphys motel parking Dona I have compiled data from motel records and have found the following. Average occupancy for Murphys between May and September is 80% Based on 34 rooms would equal 27 cars / night Additionally: 1. Average 3 to 5 van toumfweek equals 50 to 60 per season A. 1 van equals 2 to 5 moms but uses 1 space 2. Average 1 to 4 parties /night arrive by train no parking 3. Average 3 to 5 cruise ship parties / week CITY OF SEWARD APR - 1 2008 PLANNING OFFICE These figures seem to indicate that the parking requirement for my property is in the .75 to .80 spaces per room area. Parking demand and congestion in the immediate vacinity of Murphys. 1. Limited commercial activity in area. A. Wells Fargo bank has onsite parking. B. No Sweat Auto has onsite parking 2. There are 5 to 10 on street parking spaces adjcent to the property 3. If the parking code allowed for comact cars This lot could have 1 space per room 4. The Hotel Edgewater downtown was required to provide a remote lot for guest parking. This lot contains aproximatly 50 "legal' spaces. The Edgewater has in excess of 75 rooms. This would be .66 spaces per room. It has been observed that this lot is seldom if ever used. 5. We have observed that as our buisness has grown in rooms our demand per room for parking has gone down. This is due to an increase in Larger groups, tours, cruise ship, and train customers. Based on the above facts I respectfully request that the board consider a parking requirement of .8 spaces per room for this C.U.P. Thank You Nathan Orr Owner Murphys Motel 19 All nnnR D STREET C STREET Murphy's Motel -CUP Amendment by P&Z Resolution 2008-06 0 70 140 Feet 16 L I I Lot 3A, Block 18 Federal Addition Central Business District Auto Commercial LJ Nathan Orr to Add 22 Unit Motel N P&Z meeting of 4/15/2008 7:30 pm Shoot No. Checked by: D.Glenz <Double -Click to Id Map Number> Date: P&Z mtg. 4/15/2008 20 Sponsored by Sniff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION NO.22M A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING NATHAN ORR A CONDITIONAL USE PERMIT TO DEVELOP A 12 UNIT MOTEL ON LOTS 3 AND 4, BLOCK 18, FEDERAL ADDITION WHEREAS, Nathan Orr has applied for a conditional use permit to construct a two story, 12 unit motel on Lots 3 and 4, Block 18, Federal Addition; and WHEREAS, the property's Land Use Plan designation is Auto Commercial and the Zoning is Central Business District; and WHEREAS, according to the Zoning Code, Land Uses Allowed Table, (15.10.225) hotels and motels are allowed in the Central Business District by Conditional Use Permit; and WHEREAS, a duly advertised public hearing, meeting the requirements of SCC Section 15.01.040 was held by the Commission on June 2, 1999. 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 conditional use permit (CUP) to develop a motel in the Central Business District and made the following findings of fact and conclusions: A. A completed application and fee was submitted. The application and $250.00 filing fee was received by the Community Development Department on May 6, 1999. B. The use is consistent with the purpose of this chapter and the purposes of the zoning district. Zoning. The property is zoned Central Business District (CBD). The purpose of the CBD is to provide an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. Hotels and motels are allowed in the CBD district by Conditional Use Permit. 21 Seward Planning and Zoning Commission Resolution No. 99-04 Page 2 The Zoning Code defines a motel as a building or group of detached or connected buildings offering sleeping accommodations to the general public on a daily rate and designed primarily for the motoring public with parking conveniently located on the premises. Setbacks. There are no building setbacks required in the CBD, except where the CBD abuts a residential district a minimum setback equal to that required of the abutting residential district is required. The site plan identifies a five foot setback from Fourth Avenue and the adjacent property to the south. making. The site plan identifies off-street parking for the motel. Although the Zoning Code does not require any on -site parking in the CBD, there is limited street parking available along Fourth Avenue. In zoning districts that require parking, hotels and motels are required to provide one space per guest unit. If the property's Zoning classification matched the Land Use Plan designation of Auto Commercial, 12 on -site parking spaces would be required. Based on the submitted site plan, there appears to be adequate space for 12 on -site (off-street) parking spaces. C. The value of adjoining property will not be significantly impaired. It does not appear that the proposed expansion of the existing 11 unit motel will significantly impair the value of adjoining property, or make any change in property values. The proposed development is surrounded by a variety of residential, park and commercial uses. The site is bordered by: an 11 unit motel, auto service station storage lot, and multi -family dwelling to the north; business and single-family homes to the south; the city owned ballfield to the east; and a bank and commercial office building to the west. D. The proposed use is in harmony with the Seward Comprehensive Plan. The Land Use Plan is developed as a part of the Comprehensive Plan as a guide for making zoning and land use regulation decisions. The goal is to implement the Land Use Plan through Zoning. Although the current Zoning of this, and surrounding property, is Central Business District, the Land Use Plan designation is Auto Commercial (AC). The primary difference between the CBD and AC districts is that the CBD does not require any setbacks or off-street parking, and the AC district does. The required building setbacks in the AC district are: 10' front; 5' side; 10' side to a street; and 10' rear. Although the site plan meets the parking requirements, and the side and rear setbacks for the AC district, the proposed five foot front yard setback does not meet the front yard setback required in the AC district. The Seward 2010 Comprehensive Plan recommends the following actions which are applicable to this project: CDMMWV ADnearance Goal Improve the appearance of the entire community through increased landscaping, beautification and litter control efforts... The Plan recommended continuing to require landscaping plans as part of conditional use permits, where feasible (Page 17). 22 Seward Planning and Zoning Commission _ Resolution No. 22--44 Page 3 Land Use Goal: Maintain Seward's Land Use Plan as the primary local tool to ensure quality community land use arrangements, growth and development to the year 2010. The Plan recommends concentrating Commercial Development in order to enhance and protect the Downtown and Small Boat Harbor commercial operations and encourage sound community growth and development (Page 29). Im=ortation Facilities Goal: Maintain Seward's Transportation Plan as the primary local tool to ensure safe and convenient transportation facilities that address the needs of Seward residents, businesses and visitors to the year 2010. The Plan recommends continuing to require the development of off-street parking facilities through provisions within the zoning ordinance. E. Public Services and facilities are adequate to serve the proposed site. Adequate water, sewer, and power are available to the property as well as adequate fire, police and solid waste disposal services. City code requires that every business within the City must provide containers suitable for refuse collection (SCC § 14.05). Construction waste and debris must be removed weekly and upon completion of construction. The applicant has not identified on the site plan where the fuel/propane tanks or refuse containers will be located on the property. F. The proposed use will not be harmful to the public safety, health or welfare. The building construction will meet the requirements of the Uniform Building and Fire Codes. There is no evidence that the proposed development will be harmful to the public safety, health or welfare. G. 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 to the proposed use. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. In accordance with the Land Use Plan designation of Auto Commercial and to minimize the impacts on the adjacent property to the south, a minimum five foot setback is required along the south property line; 2. In accordance with the Comprehensive Plan's recommendation that the development of off- street parking facilities be required through provisions within the zoning ordinance, the developer shall provide one off-street parking space per guest unit for a total of 12 on -site parking spaces. The required parking shall be provided in accordance with Seward City Code Section 15.10.215 Parking; and 3. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. 23 Seward Planning and Zoning Commission Resolution No. 99-04 Page 4 Section 2 Based on the findings and conclusions specified in Sggdon 1 above, the Planning and Zoning Commission authorizes the Community Development Department to issue Nathan Orr a Conditional Use Permit to construct a 12 unit motel on Lots 3 and 4, Block 18, Federal Addition, subject to the five conditions listed in Sect, Subsection G. Section 3• This resolution shall take effect 10 days following its approval. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd day of June, 1999. THE CITY OF SEWARD, ALASKA AYES: Calhoon, Darling, Griswold, Larson, Niebrugge NOES: None ABSENT: Martin, Smith ABSTAIN: None ATTEST: Patrick Reilly City Clerk (city 5!0. •�`s , ��9,cr CIFW Cal x�.•` 24 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-07 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO TOM SWANN TO CONSTRUCT A FOUR -UNIT TOWNHOUSE COMPLEX WITHIN THE CENTRAL BUSINESS DISTRICT ON CURRENT LOTS 7-14, BLOCK 7, ORIGINAL TOWNSITE OF SEWARD AT THE CORNER OF BALLAINE AND RAILWAY, 223 BALLAINE BOULEVARD WHEREAS, Applicants Tom Swann, Brown, Paterson and Uhart have requested a Conditional Use Permit for the construction of two townhouses containing two units each on Lots 7-14, Block 7, Original Townsite of Seward, ; and WHEREAS, the property is in the Central Business Zoning District (CBD); and WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), attached single-family dwellings (townhouses) are permitted within the Central Business Zoning District (CBD) by Conditional Use Permit (CUP); and WHEREAS, a four- unit townhouse will contribute to addressing the housing needs of the community; and WHEREAS, having complied with the public notification process; on April 15, 2008, 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 a four -unit townhouse on Lots 7-14, Block 7, Original Townsite of Seward and made the following Findings of Fact: 1. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district Finding: This condition has been established or shall be through the conditions. The property is zoned Central Business District (CBD). Townhouse dwellings are 25 Seward Planning and Zoning Commission Resolution No. 2008-07 Page 2 allowed in the Central Business District by Conditional Use Permit. Development Requirements The proposed townhouse development meets the Zoning Code Development Requirements (Table 15.10.220), Land Uses Allowed (Table 15.10.225) and Townhouse Development Requirements (SCC § 15.10.235) including building setbacks, lot coverage, building height, and minimum lot width. The townhouse development requirement that two hundred cubic feet of covered storage space be provided, exclusive of the living area of the unit, has been satisfied within the individual unit garages. The following townhouse development conditions must also be met by the applicant: In accordance with Seward City Code §15.10.235. K. Homeowners association: The developer or subdivider shall give evidence that compliance with the Horizontal Property Regimes Act, AS 34.07, has been made prior to the sale of any townhouse dwelling units. a. The developer or subdivider shall deposit with the appropriate homeowners association, formed in compliance with the Horizontal Property Regimes Act, a contingency fund in the sum of five hundred dollars ($500.00) per dwelling unit in the townhouse development fund; and b. A copy of the bylaws of the homeowners association showing in what manner the aforesaid contingency fund shall be controlled shall be fizrnished to the city for review and approval; and Landscaping: In accordance with Seward City Code 15.10.235.L. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations must be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. Setbacks. There are no building setbacks required in the CBD, except where the CBD abuts a residential district a minimum setback equal to that required of the abutting residential district is required. No abutting residential districts affect this development. The abutting zoning district to the North is Auto Commercial, to the West is Central Business and to the South and East is Park. Parking. Although the Zoning Code does not require any on -site parking in the CBD the submitted site plan identifies two (2) garage parking spaces per Townhouse unit and additional parking within the driveway space. 2. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The neighboring properties are a mix of residential and commercial uses. There is 26 Seward Planning and Zoning Commission Resolution No. 2008-07 Page 3 no indication the development will negatively impact the value of adjoining properties. The parcel to the West contains the multi -family Bayview Apartments, to the North is a single family home and to the South and East is the City owned Water Front Park. 3. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: The proposal is in harmony with the Seward 2020 Comprehensive Plan and Strategic Plan (1999) in that both plans encourage growth and infill of vacant lands for both commercial and residential development within the downtown district. Seward 2020 Comprehensive Plan (approved by Council, 2005) 3.2.1 Promote residential and commercial development within the city of Seward in accordance with community values. (page 19) 3.2.1.2 Bullet 2, Evaluate mixed commercial and residential uses in the Seward downtown business district. Bullet 3, Encourage downtown apartments and other high density residential development, including seasonal housing at all market levels. Land Development Bullet 7, Encourage home ownership opportunities. (page 15) Economic Base Bullet 4, Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established. (page 15) Strategic Plan (1999) The Strategic Plan encourages development that is consistent with our economic base vision. "Promote Residential and Commercial Development Inside the City." (Page 9) Pursue the community's vision through rigorous implementation of the Comprehensive and Land Use Plans. "Promote in -fill development by encouraging and promoting construction on vacant sites in already established areas of the City."(page 10) 4. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been established or shall be through the conditions. Water, sewer, and power are available to the property; however city staff has indicated that upgrades to the services may be required to adequately cover the increased demand. The developer has met with City staff and is aware of these conditions. Adequate fire, police and solid waste disposal services are available to the property. City code also requires that every building or building site within the City must provide containers suitable for refuse collection (SCC 14.05). Based on the submitted site plan the garbage cans located off the rear alley. All construction waste and debris must be removed weekly and upon completion of construction. 5. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been established or shall be through the conditions. There is no evidence that the townhouse development 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 27 Seward Planning and Zoning Commission Resolution No. 2008-07 Page 4 process. Landscaping of all areas not devoted to buildings, drives, walks or other authorized installations shall be provided. (x 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. A landscape plan shall be submitted for staff approval prior to issuance of a building permit. 2. Construction waste and debris shall be removed weekly and upon completion of construction. 3. The applicant shall continue to work with staff through the building permit process to address and accomplish the required upgrades to the public utilities. 4. The applicant shall met the requirements of Seward City Code § 15.10.235. K. Homeowners association. 5. The Planning and Zoning Commission may modify this conditional use permit if changed uses no longer conform to the standards and legal requirements justifying its present approval, or if the permittee applies for a modification to meet a different development plan that conforms to the standards and legal requirements for approval of a conditional use permit. 6. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shall occur only after payment of the filing fee established by resolution of the city council. Section 2. The Planning and Zoning Commission finds that 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 6 are met by the applicant, and authorizes the administration to issue a conditional use permit Tom Swann, Brown, Paterson and Uhart to construct a four -unit townhouse on Lots 7-14, Block 7, OTS, subject to the above conditions. 28 Seward Planning and Zoning Commission Resolution No. 2008-07 Page 5 Section 3. The Planning and Zoning Commission fmds 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 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 15'' day of April 2008. AYES: NOES: ABSENT: ABSTAIN: Vacant: Two ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD Marianna Keil, Chair 29 P&Z Agenda Statement Meeting Date: April 15, 2008 , Through: Bob Hicks, Community Development Director From: Donna Glenz, Planning Assistant Agenda Item: Resolution 2008-07 granting a Conditional Use Permit to Tom Swann to construct a four -unit townhouse complex within the Central Business District on current Lots 7-14, Block 7, Original Townsite Of Seward at the corner of Ballaine and Railway, 223 Ballaine Boulevard BACKGROUND & JUSTIFICATION: Applicant Tom Swann, Brown, Paterson and Uhart have applied for a Conditional Use Permit (CUP), to develop a four -unit townhouse, on Lots 7-14, Block 7, within the Central Business District (CBD). Townhouse development is allowed by Conditional Use Permit (CUP) in the Central Business (CBD) Zoning District, as per SCC Land Uses Allowed Table §15.10.225. The CBD is intended to provide for convenient, attractive, concentrated commercial development intended for retail, financial, entertainment and professional services occurring within enclosed structures. No adverse impacts to adjoining properties or other properties in the neighborhood or the Central Business District are anticipated. SURROUNDING LAND USE AND ZONING. Lots 7-14, Block 7, Original Townsite of Seward are currently vacant land. The parcels are currently zoned Central Business District and the Land Use Plan Map recommends the parcels remain Central Business District. The area to the West is zoned Central Business District and contains the multi -family Bayview Apartments, to the North is zoned Auto Commercial and generally contains single family homes, the land to the South and East is zoned Park and contains the City owned Water Front Park. Floodplain status: According to the FEMA Flood Insurance Rate Map, the property is not located in a floodplain. Utilities: The property is served by existing public utilities and developed streets. Staff comments have included the possible need for upgrades to the existing utilities due to the increase in demand by this proposed development. The applicant has been made aware of these possible upgrades and will continue to work with staff, through the building permit process, to address and accomplish 30 these upgrades. Parking. Although SCC § 15.10.215 Parking does not require off street parking within the Central Business District, the submitted site plan identifies two (2) garage parking spaces per Townhouse unit and additional parking within the driveway space The applicant continues to work on meeting all requirements within the Seward City Code §15.10.235. Townhouses. CONSISTENCY CHECKLIST: Seward Comprehensive Plan (IM Yes No X 3.2.1 Promote residential and commercial development within the city of Seward in accordance with community values. (page 19) 3.2.1.2 Bullet 2, Evaluate mixed commercial and residential uses in the Seward downtown business district. Bullet 3, Encourage downtown apartments and other high density residential development, including seasonal housing at all market levels. Land Development Bullet 7, Encourage home ownership opportunities. (page 15) Economic Base Bullet 4, Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established. (page 15) Strategic Plan (1999) X The Strategic Plan encourages development that is consistent with our economic base vision. "Promote Residential and Commercial Development hiside the City." (Page 9) Pursue the community's vision through rigorous implementation of the Comprehensive and Land Use Plans. "Promote in -fill development by encouraging and promoting construction on vacant sites in already established areas of the City."(page 10) Property owners within three hundred (300) feet of Lots 7-14, Block 7, Original Townsite of Seward were notified of this proposed conditional use permit action. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with. At this time of publication of this report, staff has received one public comment. A verbal inquiry of the project was received and concern voiced from a possible future resident of the Bayview Apartments. The voice of concern stated the project would possibly block the current view of the Bayview Apartment tenets. Any comments are received after this publication will be presented to the Commission at the April 15, 2008 meeting. RECOMMENDED CONDITIONS: The administration recommends imposition of the following condition for the permit: 1. A landscape plan shall be submitted for staff approval prior to issuance of a building permit. 31 2. Construction waste and debris shall be removed weekly and upon completion of construction. 3. The applicant shall continue to work with staff through the building permit process to address and accomplish the required upgrades to the public utilities. 4. The applicant shall met the requirements of Seward City Code §15.10.235. K. Homeowners association. The Planning and Zoning Commission has, in the past, requested that all conditional use permits contain provisions addressing changed uses and different development plans in the future. The following provisions are an edited redraft of language and formats used in past conditional use permits: 5. The Planning and Zoning Commission may modify this conditional use permit if changed uses no longer conform to the standards and legal requirements justifying its present approval, or if the permittee applies for a modification to meet a different development plan that conforms to the standards and legal requirements for approval of a conditional use permit. 6. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shall occur only after payment of the filing fee established by resolution of the city council. CONSISTENCY CHECKLIST: Seward Comprehensive Plan (2020) Yes No X 3.2.1 Promote residential and commercial development within the city of Seward in accordance with community values. (page 19) Promote expansion and development of local entrepreneurial businesses. (page 16) Strategic Plan (1999) X The Strategic Plan encourages development that is consistent with our economic base vision. "Promote Residential and Commercial Development Inside the City." (Page 9) RECOMMENDATION: The Community Development Department staff recommends approval of Resolution 2008-07 granting a Conditional Use Permit to Tom Swann, Brown, Paterson and Uhart to construct a four -unit townhouse complex within the Central Business District on current Lots 7-14, Block 7, Original Townsite Of Seward at the corner of Ballaine and Railway, 223 Ballaine Boulevard That Resolution includes the conditions recommended above. 32 CITY OF SEWARD COMMUNITY DEVELOPMENT OFFI E CITY of SEWARD P.O. Box 167 • Seward, Alaska 99 4 (907) 224-4048 MAR 2 5 Z008 CONDITIONAL USE PERMIT APPLICA PLANNING OFFICE This completed application is to be submitted to the Community DVvu%j5'—e­n—t-[Je­partment 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 $250.00 filing fee; and if property .is already developed, an as -built survey prepared by a surveyor registered in the State of Alaska: or scaled site and elevation plans for undeveloped land. APPLICANT INFORMATION Applicant: l elt t0A 10 J0 d Address: j )0 � 6 X Telephone No.: .2- 2 `1 T Q Property Owner (if other than applicant): c.y, fI4 N / d row b2d inesbry Address: 5�4'%'t e— Telephone No.: PROPERTY DESCRIPTION n / Address: (it iyet-' oT 3 A 11 l410 e *- P_A1Lot Size: 21, 3 oy SF (acres/SF) Lot 7-/y Block 7 Subdivision aj!31 rv* l -6&uKw StTax Parcel No. -_ Land Use Plan Designation: Cw4v1 13ty-w' r Zoning Designation: ��ti 13w Si ticss DEVELOPMENT PROPOSAL INFORMATION s A. What structures are located on the property? /('pry e, B. What is the existing use of the property? LAt G A t.)+ C. What is the proposed use of the property ppkets 101 C'-u C r4 D. What is your development time schedule? (Drc�a� c y'rew. r� J u ��$ (j,;Q zV A CUP PERMIT 11/99 1 of 3 33 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: VGS ✓Owl ndLcre.s 4rc- A-[1dwcc( e w C—B 2. The. value of the adjoining property will not be significantly impaired: 3. The proposed use is in harmony with the Seward Comprehensive Plan: e9! 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: bC-- A A�It 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 34 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: (>4 Owner of record; 1) Lessee; 1 ) Contract Purchaser; (Jr} Authorized to act for a person who has the following legal interest: �i,l 2e. t 4fo p er &W"C!5 1 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. Applicant's Signature: Property Owner's Signature Enclosed: Fee: $250 ( ) Site Plan ( ) Elevation Plans ( ) Location Map ( ) Other ( ) - R 4 CUP PERMIT 11/99 3 of 3 35 rL2L�'c--�\P.L.S � l�r.��vr>L.5 �J�a•�-�EC=� L- v—EO CITY OF SF APD C92 Vbr%,\r;,�� 36 KEY: HATCHED LINES LOCATE BUILDINGS PEBBLED SPACES LOCATE PAVED AREAS SMALL HATCHED SPACES DECK AREA UNIT I ELEG. METERS UNIT 11 BURIED WALL GARBAGE CANS PROPANETANK BURIED BEHIND WALL RETAP 37 m o co w �ITy OF 9FWAR,.y� .` � PI ANMNG CSFFIGE FR-`'ANT I. f \ co b � - 236-7,1 1 1 1 w 1 1 0° 11 112" 0 � N MACSWAIN SM PLAN ❑� Lbts 7 thm 14 Block 7, Origittel Tmvmite 7f Seward. Y Located In USS 72ER SVV4 Section 10. TIS Rid, SM: Gty of Seward. Alaska Seward Recordng District Prepared. far Prepared by C�! erir e••49tt+ S� Y..:....... Steve &-Linda MaCSWah Johnson Surveying ! 9fi�V i�� 4154 Apollo Dr. Box 27 _ L a Anchorage. AK 99504-45D Clan 0ulch. Pk 99568t _ 6a rsme R SCALE 1" 20' 25 June, 2002 AREA - 21,285 Sq Ft 0etae CaMaur Interval 1'. Datum estimated from tide level. 0" tide - 0' Datum ^ O t 1 i i i l8K S 89a59"00" E 100.20' Fence j I 1 I Zia/ 1 oI / monhot y cover �' 28' / /� �� / elev 28.7% _1��� ram_ ,. I I/ \1 1!26" IM it lr I I ! r tot I I I I ` =- _ _ ..__. .. _!I w 5 ,I 11— a� \\ \ LI—` c NI� I �� 9 i JrUj Lul °o z ? I R r ru P9le 1 sewer manhole cover elev 20.5' }' no ' L LL �. ......." O' L� 39 R GIT' GF F'FNARD�., ' µAR 2 5 Zp53 PlANi11NG GF"r _ JyES hh r`Jyv't-41 LPST 7FU, V t Z U 41 A N Cjn Or Sr-) �h�fl 2 5 2D(18 �im RNh11NG OFFICE R©vim 1 �tr 1=I� NT ry ^-mac KM Y �7 0 54 ins Sponsored by: Administration CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-08 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE SEWARD CITY CODE TABLE 15.10.220 TO DECREASE REQUIRED FRONT SETBACKS WITHIN THE INDUSTRIAL ZONING DISTRICT FROM 20 FEET TO 10 FEET WHEREAS, Seward City Code (SSC) § I5.01.035(c)(2) & (3) provides that the Planning and Zoning Commission shall hold a public hearing and forward written recommendations to the City Council before the City Council amends or repeals any land use regulations, or changes zoning or land use boundaries, and WHEREAS, the administration has initiated a request for an ordinance amending SCC Table 15.10.220 to change the presently required 20-foot front setback to 10 feet, and WHEREAS, the Seward Planning and Zoning Commission has complied with the public notice process required by law, and the Seward Planning and Zoning Commission held the required public hearing on April 15, 2008, and WHEREAS, other than in Industrial Zoning Districts, the 20-foot front setback presently applies only in zoning districts "principally residential," zoning districts "principally public," and in the "Office Residential" zone, and WHEREAS, SCC Table 15.10.220 requires only a 10-foot front setback in an Auto -Commercial Zoning District, and WHEREAS, SCC Table 15.10.220 does not require any setback whatsoever in either the Central Business Zoning District or the Harbor -Commercial Zoning District, and WHEREAS, an "Industrial" district is different from the various zoning districts labeled "principally residential' and labeled "principally public" in SCC Table 15.10.220, and instead, an "Industrial" district is more like the other zoning districts labeled "principally commercial" in that Table, and 45 WHEREAS, no similar setback is required on the opposite side of Port Avenue, which is zoned Harbor Commercial, and which evidences far more traffic and pedestrian activity than most of the Industrial Zoning District, and WHEREAS, SCC ordinances and building code provisions ensure, independent of the setback requirement, that no owner can ever obtain a building permit from the City of Seward without first ensuring (1) adequate utility easements, (2) adequate parking spaces, (3) an adequate snow -storage plan, (4) life -safety requirements for explosive storage tanks, and (5) adequate fire access, and WHEREAS, changing the front setback from 20 feet to 10 feet in an Industrial Zoning District is consistent with the Seward City Code, the Charter, the Comprehensive Plans, the Land Use Plans, the Strategic Plan, and City Council Rules of Procedures as applied to the Planning and Zoning Commission: THEREFORE BE IT RESOLVED, that the Seward Planning and Zoning Commission recommends to the Seward City Council adoption of the attached ordinance reducing the front setback in an Industrial Zoning District from 20 feet to 10 feet, and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15`h day of April 2008. AYES: NOES: ABSENT: ABSTAIN: VACANT: Two ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Marianna Ke% Chair 46 P & Z Agenda Statement Meeting Date: April 15, 2008 From: Bob Hicks, Community Development Director Agenda Item: BACKGROUND: P & Z Recommendation Regarding An Ordinance Ame le 15.10.220 to Reduce the Front Setback Requirement for Structures in the Industrial Zoning District From 20 feet to 10 feet Seward City Code (SSC) provides that the Planning and Zoning Commission shall hold a public hearing and forward written recommendations to the City Council before the City Council amends or repeals any land use regulations, or changes zoning or land use boundaries. SCC §15.01.035(c)(2) & (3) The administration has recommended reducing the front setback requirement for structures in the Industrial Zoning District from 20 feet to 10 feet. This can only occur by ordinance. Hence, a hearing and recommendation from P & Z is necessary before such an ordinance could be enacted. SCC §15.10.140 defines a "setback" as The required minimum distance from right of way to lot line that establishes the area within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet. SCC Table 15.10.220 presently provides that the "Minimum Front Yard Setback" in the Industrial Zoning District is 20 feet. The administration has initiated this request for an ordinance change at the request of a lessee in the Industrial Zoning District, after the Director of Community Development denied a request by that lessee to place a temporary membrane greenhouse/gardening structure within the 20-foot front setback for the summer season. That denial was founded in the above ordinance provisions. The present setback requirements were enacted on May 9, 1994 (Ordinance No. 94-10 Substitute). At that time, there were many pre-existing "structures" closer to the front right of way than 20 feet. They were grandfathered as non -conforming uses. In 2003-04, the Planning and Zoning Commission recommended to the City Council that a number of setbacks should be reduced in the Industrial Zoning District. However, there are some differences between that event and the present action. First, that recommendation included changing many setbacks, not just the front setback. Secondly, while the staff of the Community Development Department provided many arguments for and against that action, the 47 administration recommended that P & Z not change the setbacks. Thirdly, there was at that time a pending and heatedly battled lawsuit pertaining to a canopy built into the setback. Although P & Z recommended the ordinance amendment reducing the setbacks, Ordinance 2004-01 failed by a vote of 4-3 by the City Council. In order to attempt to accommodate the requested use by the Seward citizen by the summer of 2008, the administration has initiated the first reading of this ordinance before the City Council to occur simultaneously with that public hearing/recommendation process before the Planning and Zoning Commission. The first reading of the ordinance amendment occurs before the City Council on April 14 — before the Council benefits from the recommendation of P & Z. Hence, before the second reading of the ordinance before the Council on April 28, it will be necessary for the staff to submit a supplemental Agenda Statement reporting the outcome of the Planning and Zoning Commission proceedings, and possibly some additional input from the public JUSTIFICATION: There is a 20-foot front setback required in SCC Table 15.10.220 for all zoning districts labeled "principally residential." There is a 20-foot front setback required in SCC Table 15.10.220 for all zoning districts labeled "principally public." Among those zoning districts labeled "principally commercial," only "Office Residential" and "Industrial" zones must have that same 20-foot front setback. SCC Table 15.10.220 requires only a 10-foot front setback in an Auto -Commercial Zoning District. SCC Table 15.10.220 does not require any setback whatsoever in either the Central Business Zoning District or the Harbor - Commercial Zoning District. Proponents of this ordinance -change reducing the front setback in the Industrial Zoning District contend that 20 feet is excessive. An "Industrial" district is different from the various zoning districts labeled "principally residential" and labeled "principally public" in SCC Table 15.10.220. An "Industrial" district is more like the other zoning districts labeled "principally commercial" in that Table. The only other zoning district with a 20-foot front setback among those labeled "principally commercial" is Office Residential. There, the 20-foot front setback is more justifiable, because the use is partially residential. That however is not the case for an Industrial use area. One citizen has submitted a written statement in opposition to the ordinance, raising the following points for consideration: • A 20-foot front setback is reasonable size to allow for on -site parking, where some pickup trucks may be 18.5 feet long. Reducing the setback would put parking into the right of way, or into harm's way for snow removal and road maintenance. • With further limitations on space for snow storage, owners will have an additional incentive to simply push snow into the right of way or onto adjacent vacant lots. Allowing "structures" such as buildings, decks, stairways, porches, sheds and other attachments ten -feet closer reduces the space for snow disposal, parking, landscaping and emergency access. • Already today, there is a 30,000 gallon propane tank on Leirer Road without any protective bollards (only a chain link fence easi' 48 ietrated by a vehicle out of control). Such a potentially dangerous explosive "structure" should not be allowed within 10 feet of the public right of way. • Even with the 20-foot setback, none of these lots has landscaping or green space. That possibility is worse if the setback is reduced to 10-feet. The Electric Department of the City expressed concern "with easements for utilities [and] placement of equipment impacting a utility's ability to work within an easement." The Electric Department notes that "industrial use may require large transformer installation which may require up to 20-feet typically in one corner of the lot." The Public Works Department was "adamantly opposed to a reduction in setbacks..." noting "The Public Works folks need the buffer — snow plowing, drainage structures (maintenance of such) fences, garbage cans etc." However, after discussing the written objections with the Director of Public Works, he has authorized the staff to report that, while he understands that the City has the ability to enforce easements, snow -storage, drainage, etc. through other ordinances, the blanket requirement of a 20-foot setback provides a convenient administrative tool for accomplishing these other requirements in one simple statement/requirement. CONSISTENCY CHECKLIST: The 2020 Comprehensive Plan defines the Industrial District as Established as a district in which the principal use of land is business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling and distribution operations; which may create some nuisance and are [sic] neither properly associated nor compatible with residential land uses. Vol II at 26. Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan, and City Council Rules of Procedures. FISCAL NOTE: This change has no fiscal impact for the City of Seward. RECOMMENDATION: The Administration recommends approval of this ordinance for the following reasons. No similar setback is required on the opposite side of Port Avenue, which is zoned Harbor Commercial, and which evidences far more traffic and pedestrian activity than most of the Industrial Zoning District. For the most part, a 20-foot setbacks apply in residentially related districts only, and commercially related districts have 10-foot setbacks (or no setback requirement) in Seward. The Industrial District Zone is an anomaly as enacted today. 49 Totally independent of the question of whether the front setback for structures is 10 feet or 20 feet, no owner can ever obtain a building permit from the City of Seward without first ensuring (1) adequate utility easements, (2) adequate parking spaces, (3) an adequate snow -storage plan, (4) life -safety requirements for explosive storage tanks, and (5) adequate fire access — all as required by the Seward City Code, building codes and fire codes. Stated conversely, a setback of 10 feet rather than 20 feet in an Industrial Zone does not mean, immediately and automatically, that an owner can build a structure to that limit of the property setback. All of the safeguards expressed as concerns by opponents are adequately addressed and preserved in other Seward ordinance and code requirements. (For example, SCC § 13.01.025 prohibits placing snow on private property of others, or on a public right of way.) In short, existing utility -easement requirements, parking requirements, snow -storage requirements, and fire -code compliance requirements continue to ensure adequate open space in the Industrial Zoning District, even after the front setback might be reduced from 20 feet to 10 feet. 50 CITY OF SEWARD, ALASKA ORDINANCE 2008-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TABLE 15.10.220. DEVELOPMENT REQUIREMENTS, TO DECREASE THE SETBACKS IN THE INDUSTRIAL ZONING DISTRICT WHEREAS, various Industrial Zoning District property owners and lease holders have requested decreasing the setbacks in the Industrial Zoning District; and WHEREAS, following newspaper publication for two weeks, written notice mailed to affected property owners and displayed in at least three public places, the Planning and Zoning Commission held a public hearing at its April 15, 2008 meeting and recommended City Council [approval] [rejection] of a proposed Zoning Code amendment; and WHEREAS, decreasing the front setback may continue to provide for the orderly development of the Industrial Zoning District; and WHEREAS, decreasing the front setback may still allow for fire department access and operations, utility easements, enforcement of snow -storage ordinances, parking requirements of ordinances and safeguarding vehicular damage with bollards in life -safety circumstances; and WHEREAS, the certified minutes and public records of the Planning and Zoning Commission proceedings have been provided to the City Council. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD ORDAINS that: Section 1. The Seward City Code is hereby amended to read as follows: Table 15.10.220 Development Requirements is hereby amended as follows (Strikethroughs = deletions and are bold, Underline = additions and are bold): RR Rl R2 R3 UR OR AC HC CB I RM INS P Minimum Front Yard 20 20 20 20 20 20 10 None None 2g 20 20 20 Setback (ft.) (See Note 7, next page) 10 Minimum Side Yard Setback (ft.) (See 10 5 or 5 5 or 5 10 5 5 5 5 None 10 10 10 20 Notes 4 and 7, next min.wi min.wi th 15 th 15 page) total* total* Minimum Side Yard 10 10 10 10 10 10 10 None None I 20 10 10 20 51 Setback Adjacent to Street (ft.) (See Note 7, next page) Minimum Rear Yard 10 10 10 10 10 10 10 None, None 10 10 15 20 Setback (ft.) (See Notes 5 and 7, next 5 and page) 10* Section 2. The above recitals are incorporated herein by reference. Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this th day of 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor (City Seal) 52 Bob Hicks From: cgriz@ak.net on behalf of Carol Griswold [cgriz@ak.net] Sent: Thursday, March 27, 2008 11:29 AM To: Donna Glenz Cc: Bob Hicks Subject: Industrial Zone setback Setbacks.doc (36 KB) March 27, 2008 From Carol Griswold I am opposed to the proposed front yard setback reduction in Industrial Zone from 20' to 101. I find that it is not in the public's best interest to change the existing ordinance. The Industrial Zone includes the Leirer Subdivision, the AK RR yard and docks, and the airport on this side of the bay, bounded by Port Avenue to the south, the Seward Highway to the west, and the airport boundary to the east. Across the bay, it encompasses the Seward Marine Industrial Center (SMIC), bounded by the bay to the west, Delphin Street to the east, Sorrell Road to the south, and the city quarry. Any changes in the code made to accommodate one industrial zone user will affect all industrial zone properties and the public safety and health. Any changes enacted now must not only consider present circumstances, but also the future. Title 15, Planning and Land Use Regulations, Article 1. General Provisions, 15.10.115. This chapter is adopted in order to: (1) Protect the public health, safety and general welfare of the community's residents; (2) Promote fire safety and public order; (3) Provide adequate open spaces for aesthetics, light, air and to prevent and fight fires; (4) Provide safe, aesthetic surroundings and living conditions; (5) Prevent undue traffic congestion; (6) Conserve and stabilize the value of property; (7) Prevent undue concentrations of population; (8) Provide for orderly and stable public, residential, commercial and industrial development The purpose of setbacks is to ensure sufficient open area for snow accumulation, sunlight, privacy, fire separation, and visual relief between structures. What is the public justification or need for the setback reduction? How is the public health, safety, and general welfare protected by reducing the setback? How is it in the public's best interest to reduce emergency access, reduce sunlight, open and green space, reduce options for landscaping, reduce sight triangles, reduce runoff dissipation, and reduce snow storage? How does it serve the public's health, safety, and welfare to increase the lot density and super -size the industrial zone? These questions must be addressed before such a significant change to our code is enacted. Much of the Industrial Zone is presently undeveloped, especially across the bay. However, even with a large number of undeveloped lots, in both areas, many of the developed lots have limited or no place for snow storage. Currently it is convenient to push snow across the street, onto adjacent vacant lots, or onto the ROW. Subject to clarification regarding snow removal from sidewalks versus general private property, Title 13.01.025 (c) states: "Placing of snow and ice from any driveway, parking lot, or other location on private property onto the public streets or with the public rights -of -way is prohibited." When the vacant lots are developed, accommodating the neighbor's snow load will no longer be an 53 option. It is a problem now for public safety, line of sight, parking issues, and runoff, and will be even worse on the future, especially if the setback is reduced. Requiring a front yard setback of 20' is a reasonable size to allow for on -site parking for either customer vehicles or business vehicles and other equipment. A pickup truck is about 18.5' long; reducing the setback to 10' would put the parking lot onto the ROW and into harm's way for snow removal and road maintenance. Reducing the front yard setback to 10' would allow structures including buildings, decks, stairways, porches, sheds, and other attachments to be constructed 10' closer to the road, further reducing space for snow disposal, parking, landscaping, and emergency access. There is a 30,000 gallon propane tank on Leirer Road without any protective crash barriers along its entire length. How would it serve the public to allow a potentially dangerous explosive storage tank to have only a 10' setback from the ROW? It's in the Industrial Zone; if this ordinance is changed, it would change for propane tank lots too. Many developed properties in the Industrial Zone are already too close to the road for their snow and parking needs. Almost none have any landscaping or green space. Super - sizing the lot may jeopardize access for fire and emergency services. I urge P&Z to consider the purposes of Title 15 to serve the public's needs, protect future development, and deny this ordinance change. 54 March 27, 2008 From Carol Griswold I am opposed to the proposed front yard setback reduction in Industrial Zone from 20' to 10'. I find that it is not in the public's best interest to change the existing ordinance. The Industrial Zone includes the Leirer Subdivision, the AK RR yard and docks, and the airport on this side of the bay, bounded by Port Avenue to the south, the Seward Highway to the west, and the airport boundary to the east. Across the bay, it encompasses the Seward Marine Industrial Center (SMIC), bounded by the bay to the west, Delphin Street to the east, Sorrell Road to the south, and the city quarry. Any changes in the code made to accommodate one industrial zone user will affect all industrial zone properties and the public safety and health. Any changes enacted now must not only consider present circumstances, but also the future. Title 15, Planning and Land Use Regulations, Article 1. General Provisions, 15.10.115. This chapter is adopted in order to: (1) Protect the public health, safety and general welfare of the community's residents; (2) Promote fire safety and public order; (3) Provide adequate open spaces for aesthetics, light, air and to prevent and fight fires; (4) Provide safe, aesthetic surroundings and living conditions; (5) Prevent undue traffic congestion; (6) Conserve and stabilize the value of property; (7) Prevent undue concentrations of population; (8) Provide for orderly and stable public, residential, commercial and industrial development 1 55 The purpose of setbacks is to ensure sufficient open area for snow accumulation, sunlight, privacy, fire separation, and visual relief between structures. What is the public justification or need for the setback reduction? How is the public health, safety, and general welfare protected by reducing the setback? How is it in the public's best interest to reduce emergency access, reduce sunlight, open and green space, reduce options for landscaping, reduce sight triangles, reduce runoff dissipation, and reduce snow storage? How does it serve the public's health, safety, and welfare to increase the lot density and super -size the industrial zone? These questions must be addressed before such a significant change to our code is enacted. Much of the Industrial Zone is presently undeveloped, especially across the bay. However, even with a large number of undeveloped lots, in both areas, many of the developed lots have limited or no place for snow storage. Currently it is convenient to push snow across the street, onto adjacent vacant lots, or onto the ROW. Subject to clarification regarding snow removal from sidewalks versus general private property, Title 13.01.025 (c) states: "Placing of snow and ice from any driveway, parking lot, or other location on private property onto the public streets or with the public rights -of -way is prohibited." When the vacant lots are developed, accommodating the neighbor's snow load will no longer be an option. It is a problem now for public safety, line of sight, parking issues, and runoff, and will be even worse on the future, especially if the setback is reduced. Requiring a front yard setback of 20' is a reasonable size to allow for on -site parking for either customer vehicles or business vehicles and other equipment. A pickup truck is about 18.5' long; reducing the setback to 10' would put the parking lot onto the ROW and into harm's way for snow removal and road maintenance. 2 56 Reducing the front yard setback to 10' would allow structures including buildings, decks, stairways, porches, sheds, and other attachments to be constructed 10' closer to the road, further reducing space for snow disposal, parking, landscaping, and emergency access. There is a 30,000 gallon propane tank on Leirer Road without any protective crash barriers along its entire length. How would it serve the public to allow a potentially dangerous explosive storage tank to have only a 10' setback from the ROW? It's in the Industrial Zone; if this ordinance is changed, it would change for propane tank lots too. Many developed properties in the Industrial Zone are already too close to the road for their snow and parking needs. Almost none have any landscaping or green space. Super -sizing the lot may jeopardize access for fire and emergency services. I urge P&Z to consider the purposes of Title 15 to serve the public's needs, protect future development, and deny this ordinance change. 3 57 Bob Hicks From: cgriz@ak.net on behalf of Carol Griswold [cgriz@ak.net] Sent: Monday, March 31, 2008 4:42 PM To: Bob Hicks Subject: Industrial Zone can o' worms IMG_6259Rez-SeafIMG_6261from-lout IMG-6264parking.j oods.jpg (48 K... h.jpg (44 KB)... pg (52 KB) Hi Bob, The more I look at the code and visualize the Industrial Zone, especially but not limited to, the Leirer Subdivision, and Resurrection Bay Seafoods, the more I wonder. This is a big can o' worms. There is no definition of "grandfathered" in the Code. The only mention I could find it that storage containers cannot be grandfathered. So it would seem that leaves conforming and non -conforming structures, lots, and usages. 15.10.315 Nonconforming lots, structures and uses: c Any land, structure, or use that legally existed prior to June 6, 1978, but does not meet the requirements of this chapter, shall be considered a nonconforming lot, structure or use. In the Industrial Zone: How many structures are non -conforming, especially in regards to setback and off-street parking requirements? 15.10.315 (2) Structures. The structure is designed to accommodate a nonconforming use or fails to meet *yard*, coverage, height, or other development requirements established for the zone in which it is located. How many lots are non -conforming, especially those less than 3,000 square feet? What happens if they are smaller than 3000 square feet (30 X 100)? If they are larger than 3000 square feet, they must meet all other provisions of this title, including setbacks and off-street parking. Do they? 15.10.315 e) Nonconforming lots. Nonconforming lots of record in existence on December 5, 1978, which do not meet minimum lot size or width requirements for the district in which they are located may be used for all uses permitted in the district, provided they are at least 3,000 square feet and all other provisions of this title are met. How many nonconforming structures have added to or altered their buildings? 15.10.315 f) Nonconforming structures. Nonconforming structures are subject to the following restrictions: (1) A nonconforming structure may not be enlarged or altered in a way which increases its nonconformity. How many exceed their maximum lot coverage, which is 100% excluding the setback, and includes required off-street parking, by encroaching into the setbacks? How many do NOT provide adequate parking spaces off —street? How does Resurrection Bay Seafoods, a non -conforming structure on a non=conforming lot, protect public safety, health and general welfare, when it is virtually in the middle of a very narrow, treacherous road? 15.10.315 (g) Elimination --Public safety, health and general welfare. If it is determined that a nonconforming lot, structure or use, or combination thereof, significantly impairs the public health, safety, and general welfare or the rights of neighboring property owners pursuant to this chapter, the city council shall by ordinance establish a reasonable schedule for the termination of the nonconformity. 58 Below are some important and interesting definitions. It is obvious that the ROW and setbacks are being used for purposes other than that allowed by Code, and that enforcement of the Code is virtually nonexistent. Best, Carol 15.10.140. Definitions. Right-of-way. An area or strip of public land which incorporates or is intended to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or public utilities. Setback. The required minimum distance from right-of-way or lot line that establishes the area within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet. Storage, outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time. In the harbor commercial area, the use is limited to the storage of boats only. Structure. Anything constructed or erected on the ground or attached to something having location on the ground, including, but not limited to, buildings, towers, and sheds. Fences, retraining walls less than three feet in height signs and similar improvements of a minor character are excluded. Yard, front. The area extending across the full width of a lot, measured between the front lot line and the nearest exterior wall of the building, front of a bay window or the front of a covered porch or other similar projection, whichever is the nearest to the front lot line. 15.10.220. Development requirements. (a) Table 15.10.220, development requirements, is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter. (c) Setbacks --Yards. (1) Setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy, fire separation and visual relief between structures. (3) No yard or lot shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after December 5, 1978 shall meet at least the minimum requirements established by this chapter. (5) All structures shall be designed and constructed to prevent roofs from shedding snow onto adjacent lots, structures, fences, or other property. 15,10.315. Nonconforming lots, structures and uses. (a) Intent. Within the zoning districts established by this chapter or amendments that may later be adopted, there may exist lots, structures, and uses of land and structures, and characteristics of use which were lawful before the effective date of the applicable regulations, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their perpetuation, and to eliminate the nonconformities as rapidly as the law permits. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district. 59 LEIRER ENTERPRISES Seward • 224-5965 Anchorage ; Steve Leirer 563-6575 April 2, 2008 Leirer Enterprises LLC 3640 Young St Anchorage AK 99508 3640 Young Street Anchorage, Alaska 99508 n j4n Bob Hick City of Seward P O Box 167 �o f, Seward AK 99664 L 9r �,��y Subject: Change for Set Backs for Industrial Zoningy Dear Mr. Hicks: )�� _A This letter is to provide you with information for the upcoming P & Z commissionVand City council action pertaining to the request for change of the setbacks for Industrial Zoning. For discussion of this issue, is my intention that this information be provided to all parties. I have enclosed a copy of a letter dated August 25, 2003 that outlines the evolution of the subdivisions development and brings out several points at the Leirer Industrial subdivision: 1) The nature of the needs of the different tenet businesses vary, and are unique to each business and have reflected how the subdivision has evolved over the years with many types of businesses, refer to the user list. 2) There are setback variations (exceptions, see user list for actual setbacks) to the code that exist, but these exceptions do not necessarily detract from the overall development. 3) Businesses have grown and expanded and need to find ways to fit in this expansion but are blocked in by lot size and boundary. 4) The shortage of Industrial land adds to the pressure for the businesses to make -do with what they have to meet their needs. There is a need in the code, because of this shortage, to allow for flexibility for reasonable exceptions (variances) as to how the land is used. It is my recommendation to reduce the 20 foot setbacks to 10 feet on the front, back, and sides. A 10 foot setback would still allow vehicle access, a place for snow accumulation, room for future uses as a driveway or ally access, or a future utility easement needs. I do NOT favor a setback of less than the 10 feet, because 5 feet is too small for any of the above needs. .E Can the code be split into two Industrial codes, possibly one for the Leirer Industrial and a separate one for SMIC? Is there any merit to having a 10 foot setback on only two sides so a building could be "backed into a corner of a lot to allow for better utilization and still allow for open space on the other sides? Can there be a provision in the code to allow for a special use in cases like Mr Pruitts needs that would be temporary and open for review later? Can there be in the code, allowances for exceptions to the code setbacks that would be approved on a case by case basis? [Possibly a zero setback could be considered in as some cases, but not be the rule for the total industrial area. Zero lot line could be considered on a case by case basis by a variance or conditional use approach after consideration of its effect on utilities and access needs and any other issues. It is important for the industrial business to be able to utilize its land in an efficient manner and be able to use as much of it as possible for two reasons: business growth and flexibility; and to utilize a larger percentage of its land, a scarce resource in the industrial zone. Esthetics cannot be approached in an industrial zone the same as they might be in an office or small business park. Landscaping or trees, for example have not survive the rigors of an industrial area. Trees have survived along drain ditches and some fence lines or out of the way place because they are out of the activity. We have worked to and have the goal to nurture greenery on ditches to add some esthetics, to provide erosion protection in event of a flood, and have the added benefit of a wind brake. The snow removal problem will some time need to be solved by trucking the snow out of the area at the expense of the business owner. The city should have a snow disposal area near the harbor. This is like auto traffic going to be a continual problem. The updated subdivision plat with as -builds and easements is enclosed for your reference. In addition I have included information on an estimate of the setbacks of existing buildings as constructed. Sincerely Ste e Leire' Leirer Enterprises LLC Cc Phillip Oates 61 LEIRER. ENTERPRISES Seward - 224-5965 Anchorage • Steve Leirer 563-6575 August 25, 2003 City of Seward P.O. Box 167 Seward, AK 99664 Dear Sirs: 3640 Young Street Anchorage, Alaska 99508 0 Last year, in December 2002, the Leirer Industrial Subdivision was platted and recorded to finalized years of work and expense. The subdivision is about 95%- leased with tenants, most of which have permanent improvements installed. Those tenants with improvements are not expected to change business use, however could in the future, being subject to changes in business climate. The tenants leasing just land, without improvement, could change to a different use in the future. There has been increased use of the streets, Alameda and Leirer Road because of the public's awareness of their existence, an increase in retail needs, and the desire to avoid the intersection at the Seward Highway. In 2002 I sent a letter to the city concerning the Industrial Zoning, and that I felt the code needed review and perhaps change. This was a result of input from tenants in the past. I request and petition that the City Open for discussion and review before the Planning and Zoning Commission, the Industrial Zoning Code, and that this be started as soon as possible. I was told last year that review had to wait until after the Comprehensive plan was completed. I do not feel that this can wait that long and should be spirited along right away. I feel the code should reflect the needs of the tenants, which are different because of the variety of business activity and land use in the subdivision. (See Attached Exhibit A) The code needs change and customization that will make it compatible with the Industrial/Business situation as it r At 110ic 62 *LO%Ae J WiLL 1V'L ?-�covir�)Wl% kj 1,44 , H A-5 ovtLT pl t. 1.`lritv;t A is t&t r11 ('vrrp,w� �.__.....�►r ,.:.H. �..�.....�� pertains to the Seward area and the Leirer Industrial Subdivision. The Subdivision is unique and the following factors should be considered in planning and changes: Scarcity of Industrial/Business Land in Seward Area. Seward has little land for expansion for businesses in the immediate area because of the confined nature of the basin, existing land use, and wetland and flood -plain situations. Leases were and are needs generated. From the start of the subdivision in 1966, tenants were given the opportunity to lease the size of parcel they needed for a specific business use and purpose. For example, Storage option Inc new covered boat storage (Lots 5 & 6 Block 1) buildings required certain space between each building to allow parking of tailored boats into the buildings bays. we moved the lot line to allow this. To maximize the number of bays, and with no storefront need, the building in this case might have a smaller setback off Alameda Street since it is not a retail situation. Shoreside Petroleum Inc. for example, is required to have retaining walls around the fuel tanks, which should have zero setback requirements for the wall, while the office administration building off Port Avenue should have some setback. Seward Heavey Industrial (Tract A) buildings were built on the lot line along Leirer Road because of the narrow nature and odd Lot size and configuration. There may have not been a code in existents at the time and its enforcement questioned. With the building on the lot line, should a porch, electric meter box, etc. be a violation of the code? The AVTEC building is built right up to or near the lot line with a setback, which is smaller than the code but seems to function well. There is in existence a gas pump, next to the lot line, this is an example of a situation that possibly may not pass code today. How are these situations to be handled? Jim Pruitt wants to extend a storage building that was built by a previous tenant on Tract B, which is almost zero lot line on Leirer Road, but restricted on the North and 63 South Side by a setback under current code. Jims lease is a good example of a business that has expanded in a set lot size. One of his complaints is that he needs to utilize his ground lease for its maximum use and not waist space on a setback for no good reason. Two reasons motivate this logic: the business needs the space, and to maximize use and revenue when land values and lease rates are increasing. Other tenants will reflect this same motivation. The need for flexibility in the Code The subdivision has many types of tenants spanning a wide variety of usage. With not much land available, and its location, it has grown to accommodate pure industrial, parking, storage, housing, educational, tourist, repair and retail. The code because of this mix of tenants should be flexible. The code should be practical and allow the tenants and landowner the right to make changes when necessary. At the same time there should be enforcement and code requirements to allow safety, fire prevention, utilities easements, snow removal, and drainage. Sincerely Steve C. Leirer 64 V I LEIRER INDUSTRIAL SUBDIVISION USER LIST TENANT/LEASOR ILOT & BLOCK jSq. Ft. IBUSINESS-TYPE USE -DESCRIPTION SETBACKS in feet BUILDINGS (WEST INORTH IEAST ISOUTH Icicle lease 1 lot 4 bk 3 60,207 fisheries weld shop, shed covered storage 0* 22 x 6* storage, yard storage weld shop x x x 50* Icicle lease 2 (lot 2 bk 3 warehouse, yard warehouse 10 I100,509 Ifi.9heries storage, employee, Iseasorial I Ix Ix I1D 111 If camping Icicle lease 3 lot 5 bk 3 39,758 fisheries bunkhouse, employee bunkhouse 16* 24 24 x kitchen, yard storage Amerigas LP lot 6 bk 3 22,283 petroleum LPG shed, yard storage, LP LP tank 14* x x x storage tank, vehicles shed, storage TMT Corp lot 3 bk 3 32,737 car rental, office, Rental shop/office Hertz 18 10 x x* rental building building rental building x 12 4* 20* Pruitt lease 1 lot 1 bk 3 75,636 retail, light retail hardware, office/shop 14 x 28 commercial office, weld shop, ACE,hardware 20* 20 x 10 Istorage, shed metal shed x x Ix e x storage, boat storage Pruitt Lease 2 tract B 68,046 light commercial rental building, yard metal shed 4* x x 24 storage, sheds rental building 10* x 32 x storage, boat storage,- tent, x x x x U') covered boat storage, ro I lot 5 bk 2 1142,848 1petroleum, fuels office, warehouse, loffice/warehouse Ix 24* Ix Ix (12* yard storage, bulk warehouse 40 x x x fuel tanks tank farm x 0* x Storage Opt 2 lot 4 bk 2 ,372 light commercial retail mini -storage, Mini -warehouse x T seasonal employee grayhound dorm ? ? 20* x housing, covered boat repair tent Ix ? ? 120* x 120 x storage, yard storage. Storage Opt 1 Ilot 3 bk 2 1 37,969 Ilight commercial I rail -car storage Irailcars 120 Ix 20* 20 IJ1A V TENANT/LEASOR LOT BLOCK jSq. Ft. BUSINESS -TYPE USE -DESCRIPTION SETBACKS in feet 8u.ILa;VNOI Was NOrt), IF&'Ct SPglli Four Seasons Boat lot 2 bk 151,261 1 light commercial office, sheds, boat storage, repair office 24* x x x AVTEC 1 lot 1 bk 2 36,864 education, Gov, building building x x 36* 52 AVTEC 2 lot 2 bk 1 57,211 education, Gov. yard storage yard - - - AVTEC 3 lot 1 bk 1 76,980 education, Gov. building building Ix Ix 26* Ix AVTEC 4 tract C 25,483 education, Gov. building building 40* ? Ix 120 not 1 Inot leased P T CABLE INC. lot 4 bk 1 43,143 communication terminal building, fiber optic terminal terminal Bldg. 40* 40 40 x not leased lot Sa bk 1 35,000 not leased not leased Storage Opt 3 lot 6a bk 1 54,000 light commercial covered boat storage north building 20* ? ? x south building 20* x ? ? L. Bardarson lot 7 bk 1 97,341 trucking, yard truck, refrigerated no buildings - - - - storage trailer terminal R. SWENSON lot 10 bk 1 25,598 light commercial office, construction 1 story mental bldg 28* x 20 26 equipment and material storage R. SWENSON lot 9 bk 1 11,952 charter, tourist office, employee 2 story wood bldg 20* x 18 26 housing, warehouse c� R. SWENSON lot 8 bk 1 41,737 education, building 2 story metal bldg 20 x 28 50* cD government Seward Heavy Tract A 24,013 light commercial repair, retail sales, retail,shop bldg 0 x 12* 12* Ind. service rental bldg 25 x 0* x rental Bldg 16 x 0* x rental bldg 0 x 0* x foot note: x = distance larger than 30 ft. * = set back on a street. City of Seward, Alaska Planning Commission Minutes April 1, 2008 Volume 6, Page 2 3 6 Call to Order The April 1, 2008 Regular Meeting of the Seward Planning & Zoning Commission was called to order at 7:40 p.m. by Chari Marianna Keil. Opening Ceremony Commissioner Roach' led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Sue McClure Sandie Roach' Steven Heinrich comprising a quorum of the Commission; and Absent was: City Administration Community I business items: Bob Hicks, C Anne Bailey, Margaret Anderson - b Hicks Director the Commission of the following • Kevin Clark would be away Certificate of Appreciation for his service on the Planning and Zoning Commission at thy: 14, 2008 Council Meeting. • A Nuclear Power Information - eeting would be held on April 16, 2008 at 6:30 p.m. in the Rae Building. In response to Keil, Bailey stated that an Informational Notice would be posted stating the P & Z Commission was invited to attend. • A City Council Work Session would be held on April 21, 2008 to discuss the Building and Fire Codes. In response to Keil, Hicks discussed what would be presented at the Work Session and stated he would ask staff to find what existed in the code today that was adopted by Council and not required by the state in prior years. 67 City of Seward, Alaska Planning Commission Minutes April 1, 2008 Volume 6, Page 2 37 • The Historic Preservation Commission had requested that an expert on historical districts attend the May 20, 2008 P & Z✓HP Joint Work Session. • Title 15 would be discussed at the April 15, 2008 Work Session. Hicks would provide the Commission with information on April 11, 2008. Other Reports, Announcements & Presentations - None. Citizens' Comments on any subject except those items scheduled for Public Hearing — None Approval of Agenda and Consent Agenda — Motion (Heinrich/McClure) By general consensus, Discuss Changing the p.m. to 7:00 p.m. was added under New Busi Motion Passed as Amended Approve the Agenda and the Consent The following items were approved under the Consent and Zoning Meeting Time From 7:30 9.E. February 19, 2008 Re -Scheduled Meeting Minutes March 4, 2008 Re eting Minutes March 18, Z0084Recial Mting Minutes Special Items Election of Chair and Election of Chair and Motion (Roach'/Heinrich) Request for Unanimous Consent Motion Passed Consent Keil opened the floor for Chair nominations. Elect Marianna Kell Chair Seeing no further nominations, nominations were closed. Unanimous Consent M City of Seward, Alaska Planning Commission Minutes April 1, 2008 Volume 6, Page 2 3 8 Keil opened the floor for Vice -Chair nominations. McClure proposed a motion to nominate Roach' as the Vice Chair, but Roach' respectfully declined. Motion (Roach'/McClure) Request for Unanimous Consent Motion Passed Elect Margaret Anderson Vice Chair Seeing r were clo! Unanimi Unfinished Business Items requiring a Public Hearing — N New Business Items requiring a Public Hearing — RESOLUTION 2008-05 RE OF THE REZONING OF 1 TOWNSITE OF SEWARD TO CENTRAL BUSINESS 1 )minations CITY COUNCIL APPROVAL D 29, BLOCK 17, ORIGINAL FAMILY RESIDENTIAL (R3) Hicks reviewed Resolution 2008-05 and stated this was consistent with the comprehensive plan, land use plan and strategic plan. He stated thqubjic hearing requirements had been met, one inquiry had been received about the property u and staff recommended the approval of Resolution 2008-05. Notice was No one reausd to be McClure feet by 100 feet" Motion (McClure/Roach') criteria. posted and published as required by law was noted and the the public hearing was closed. lerical error was made in the P & Z agenda statement stating "10 feet by 100 feet. Approve Resolution 2008-05 In response to Heinrich, Hicks stated that the replat was not considered for this issue. Keil clarified the change met the comprehensive plan, land use plan and strategic plan McClure stated she had not heard any objections on this issue. City of Seward, Alaska Planning Commission Minutes April 1, 2008 Volume 6, Page 2 3 9 Keil stated she had one inquiry about where the lots were located. Hicks stated in the future he would make inquiries to see if other property owners would like to be included in the change. it. Roach' stated she was in favor of an outdoor market and these lots were a great location for In response to Keil, Hicks stated there were provisions in th "' de fof outdoor markets. Motion Passed Unfinished Business — None New Business — Discuss the Seward Bear Creek Flood Service Area Flood Mitigation Plan Keil commented this was a great product but she had a few questions. She referred to sections of the Flood Hazard Mitigation Plan. Hicks stated he had requested the Flood Hazard Mitigation Plan be presented to Planning and Zoning as a courtesy ges had been made since they reviewed it in early 2007. He stated the plan was on next ouncil agenda for adoption and the Seward Flood Board had provided an email t a chan He volunteered to take the Commissions questions to the Flood Service Board iem Odress the questions at the City Council meeting. McClure stated that alnk�banv area Hicks clarified there were hazard risk areas. action. ect to flooding. were not part of the flood plain and explained flood Keil referred to other sections of the Flood Hazard Mitigation and discussed her concerns. Hicks suggested Keil make a presentation to Council to raise these questions. The Commission discussed the plan in great detail. Hicks asked if he could meet with the Chair to review the plan and decide on a course of Discuss changing the meeting time from 7:30 p.m. to 7:00 p.m. 70 City of Seward, Alaska Planning Commission Minutes April 1, 2008 Volume 6, Page 2 4 0 Hicks explained that City Council was introducing an Ordinance changing their meetings from 7:30 p.m. to 7:00 p.m. and the adjournment from 11:00 p.m, to 10:30 p.m. The Commission discussed their concerns with changing the meeting times and their work sessions. By general consensus, the Commission decided to keep the meetings at 7:30 p.m. The Commission appreciated the Clerk's office for asking the Commission if they would like to be incorporated in the change. Informational Items and Reports (No action required) - Notes from March 25, 2008 Work Session Hicks thought the Joint Work Session were new items suggested and this was on the reprioritize the list. The Commission discussed the priorities and how they Special Meeting Notice for April 15, 2008 Commission Comments Roach' conwaiditcd Keil as Anderson. McClure concurred Keil appreciated the Citizens' Comments — None P & Z Priority List productive. He stated there mmission an opportunity to like them prioritized. Commissions and Administration Response to Citizens' Comments — None Adjournment Meeting adjourned at 8:28 p.m. Anne Bailey, Executive Liaison (City Seal) Marianna Keil Chair 71 A��� �'� Aprjl-2008 May2908 'M T W T F S S M T W F S; 1"244-5 12 3 �4-5 6'fi 0' 41011,11 6 ? 8910 13141516 7.1849',', 1112131415-1617 2122 23'24,25 26 18 19 20.21 22,23, 24 a zg,3o < 25,26v 2s 2130"31 r MondayTuesday.Wedndsds ,. �I gMursda _° Lida". .)SpCCMeeting qOp PACAB Meeting (LTCF) ', , p 0 i�P&Z Work Session, (Library) 7f1P&Z Meeting Pl -; p arm,Owl " t:.d�.a"d x,�+, = i '30O City Council ^3., ptt1 P&Z Special rr� Social Security Meeting Meeting Rep M. .Y+ � .'�n W � k " , �*+�,.: % I� _ ¢ � � iiN "�� }n';,j' .� •� ,Pa Spy' 6l �� Y �, =���4�. 5n`_,.a,. { �� `srr. � � i �. cCity Council'10W Historic Meeting Preservation i Meeting i i ivanci Kicney 1 4/11/2008 3:33 PM Nano Ncney 1 4/11/2008 3:33 PM