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Home My WebLink AboutOrd2017-002Sponsored by: Planning and Zoning Commission Introduction Date: May 8, 2017 Public Hearing Date: May 22, 2017 Enactment Date: May 22, 2017 CITY OF SEWARD, ALASKA ORDINANCE 2017-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE §15.10.220 DEVELOPMENT REQUIREMENTS TABLE — NOTES; TO EXTEND THE MAXIMUM 26 FOOT BUILDING HEIGHT AREA TO INCLUDE THE SOUTH HARBOR UPLANDS, TRACT H, WATERFRONT PARK REPLAT WHEREAS, currently within the Harbor Commercial Zoning District in the area bounded by Fourth Avenue, the (south) boat launch ramp, the harbor basin and J Float Ramp, maximum building height is 26 feet. All other property in the City is subject to a 34 foot maximum building height; and WHEREAS, according to § 15.10.220 of the City Code the purpose of building height standards is to prevent loss of life or excessive property damage through the inability of the city fire department to reach upper stories or roofs and to help maintain the character of neighborhoods; and WHEREAS, the proposed ordinance will extend the 26 foot maximum building height requirement southward to include the area known as the South Harbor Uplands, with a legal description of Tract H, Waterfront Park Replat number 2012-04; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WHEREAS, the Seward Port and Commerce Advisory Board (PACAB) held a public meeting on April 5, 2017 and supported by motion extending the maximum 26 foot building height area to include the South Harbor Uplands; and WHEREAS, the Planning and Zoning Commission held a public hearing on April 18, 2017 and approved Resolution 2617-05 recommending City Council approve the proposed City Code amendments included within this Ordinance, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code is hereby amended as follows: (Deletions are Bold StAketh s; Additions are Bold Underline CITY OF SEWARD, ALASKA ORDINANCE 2017-002 Table §15.10.220. Development Requirements —Notes NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the heat the southern boundary of the South Harbor Uplands - Tract H, _Waterfront Park Replat, the harbor basin and J Float Ramp, building height is limited to 26 feet. Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 22nd day of May 2017. THE CITY OF SEWARD, ALASKA J an Bardarson, Mayor AYES: Casagranda, Keil, Squires, McClure, Slater, Altermatt, Bardarson NOES: None ABSENT: None ABSTAIN: None ATTEST: CG�CcGL �t lc,C rJ aK ,CMC ty Clerk (City Seal) r 4�0 OF �36 a � ® � AL rmx e L m ® E, m. 0 1 �6R �%�i yo mem ona� e��raa��.fi nN 1 1 1 Agenda Statement Meeting Date: May 8, 2017 To: City Council Through: Jim Hunt, City Manager Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Council amend Seward City Code §15.10.220 Development Requirements — Notes to extend the maximum 26 foot building height area to include the South Harbor Uplands, Tract H, Waterfront Park Replat BACKGROUND & JUSTIFICATION: Currently within the Harbor Commercial Zoning District in the area bounded by Fourth Avenue, the (south) boat launch ramp, the harbor basin and J Float Ramp, the maximum building height is 26 feet. All other property in the City is subject to a 34 foot maximum building height. According to the Zoning Code the purpose of building height standards is to prevent loss of life or excessive property damage through the inability of the city fire department to reach upper stories or roofs and to help maintain the character of neighborhoods. Not only is it important to maintain a public view of the Harbor Basin from the uplands, it is also important to maintain the , view of the mountains and back drop from other areas. The area of South Harbor Uplands abutting the harbor basin is built approximate 5 to 6 feet higher than the adjoining areas. a 5, CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2020, approved by Council August 8, 2005): • Preserve and protect the scenic views of the mountains and X Resurrection Bay. (page 11) Seward Boat Harbor Plan (December 8, 2014): View shed from the uplands is not addressed in the current X Harbor Plan Previous Seward Small Boat Harbor Plans (1980's & 1990's) Multi -story building development is blocking shoreline access and X views of the boats within the Small Boat Harbor Strategic Plan (Approved by Council Resolution 99-043): • Natural Environment: o We celebrate our natural environment by: preserving views and open spaces:.... (Page 4) X • Goals and Objectives: o Preserve and Protect the Scenic Views of the Mountains and Resurrection Bay (Page 15, Bullet 1) Municipal Lands Management Plan: (Adopted by Council X Resolution 2014-095) The Seward Port and Commerce Advisory Board (PACAB) held a public meeting on April 5, 2017 and supported by motion extending the 26 foot maximum building height area to include the South Harbor Uplands, Tract H, Waterfront Park Replat. PACAB also noted support for continuing the current harbor boardwalk and development style of the Seward Boat Harbor southward in the development planning for the South Harbor Uplands. PACAB held another public work session on April 12th regarding development plans for the South Harbor Uplands and again voiced continued support for the 26 foot maximum building height code amendment. Seward City Code §15.01.035(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. As per Seward City Code the Planning and Zoning Commission held public hearings on April 18, 2017 and approved P&Z Resolution 2017-05, recommending City Council approved the attached Ordinance, amending Seward City Code § 15.10.220 Development Requirement — Notes. INTENT: Amend Seward City Code § 15.10.220. Development Requirements — Notes to extend the maximum 26 foot building height area to include the South Harbor Uplands, Tract H, Waterfront Park Replat No. 2012-04. FISCAL NOTE: Implementation of the code amendment will have no direct cost to the City. Approved by Finance Department: YA=;� ATTORNEY REVIEW: Yes X No N/A RECOMMENDATION: Staff, the Planning and Zoning Commission and PACAB recommend the Council approve Ordinance 2017-002, amending portions of Seward City Code § 15.10.220, Development Requirements — Notes, Note Number 1.