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Home My WebLink About01072020 Planning & Zoning Packet City of Seward Planning and Zoning Commission Regular Meeting Drawing by Myr January 7, 2020 Seward Planning & Zoning Commission Regular Meeting January 7, 2020 7:00 p.m. City Council Chambers Cindy Ecklund Chair Term Expires 02120 1. Call to Order Martha Fleming 2. Pledge of Allegiance Vice Chair Term Expires 02120 3. Roll Call Gary Seese Commissioner 4. Citizens' Comments on any subject except those items Term Expires 02/22 scheduled for public hearing. [Those who have signed in will be Tom Swann given the first opportunity to speak. Time is limited to 3 minutes per Commissioner speaker and 36 minutes total time for this agenda item] Term Expires 02122 5. Approval of Agenda and Consent Agenda. [Approval of Craig Ambrosiani Consent Agenda passes all routine items indicated by asterisk (*). Commissioner Consent Agenda items are not considered separately unless a Term Expires 02122 Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda.] Nathaniel Charbonneau Commissioner 6. Special Reports & Presentations Term Expires 02121 Kelli Hatfield A. City Administration Report Commissioner B. Other Reports, Announcements &Presentations Term Expires 02121 Scott Meszaros City Manager Jackie C Wilde Community Development Director Andy Bacon Planning Assistant Planning and Zoning Commission Meeting Agenda January 7, 2020 7. Public Hearings [Limit comments to S 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 2020-01 Granting A Conditional Use Permit To Polar Seafoods To Allow Membrane Structures To Be Used As Temporary Structures To Serve As An Employee Campground On Lot 2a, Block 9, Fourth Of July Creek Subdivision Within The Industrial Zoning District............................................................................................... Page 3 2. Resolution 2020-02 Recommending City Council Approval Of The Rezoning Of Forest Acres Lots 00, PP, And XX, From Single Family Residential (RI) To Multi Family Residential (R3).................... Page 21 8. Unfinished Business—None 9. New Business A. Set work session topic for January 21, 2020 as "Review the 2030 Comprehensive Plan" * B. Approval of December 3, 2019 Regular Meeting Minutes..........................Page 43 10. Informational Items and Reports (No action required)- A. Planning and Zoning `Did you Know'.....................................................Page 53 B. FEMA Region X Newsletter......................................................................Page 54 C. 2020 Planning & Zoning Meeting Schedule............................................Page 58 D. City Calendars ........................................................................................Page 59 It. Commission Comments 12. Citizens' Comments [Limit to S minutes per individual Each individual has one opportunity to speak] 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment Planning and Zoning Commission Meeting Agenda January 7, 2020 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2020-01 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO POLAR SEAFOODS TO ALLOW MEMBRANE STRUCTURES TO BE USED AS TEMPORARY STRUCTURES TO SERVE AS AN EMPLOYEE CAMPGROUND ON LOT 2A, BLOCK 9, FOURTH OF JULY CREEK SUBDIVISION WITHIN THE INDUSTRIAL ZONING DISTRICT WHEREAS, Polar Seafoods has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission for an Employee Campgrounds using temporary membrane structures to serve as employee living quarters within Lot 2A, Block 9, Fourth of July Subdivision, Polar Seafood Replat within the Seward Marine Industrial Center(SMIC); and WHEREAS, the Employee Campground will be located at the northeast corner of Lot 2A, Block 9, which is owned by the City and leased by Polar Seafoods; within the Industrial Zoning District; and WHEREAS, according to the Seward City Code (SCC), Land Uses Allowed Table 15.10.225, Employee Campgrounds are allowed in the Industrial Zoning District by CUP; and WHEREAS, the portable membrane structures are intended to provide housing for four (4)workers each with a total of eight(8) structures for a total 32 seasonal workers; and WHEREAS, the temporary structures are allowed by permit through the building department for a maximum of 180 days then must be removed; the employee campground use for housing is allowed by permit for 150 days; and WHEREAS, planned dinning, laundry and shower/sanitary facilities shall be provided within the required 500 feet distance at the main seafood processing plant; and WHEREAS, having complied with the public notification process, on January 7, 2020 the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. 3/61 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 a finding that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: This condition has been met or shall be by required conditions. The property is zoned Industrial (I). The Industrial Zoning District provides an area for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling and distributing operations, which may create some nuisance and which are not properly associated nor compatible with residential land uses. It is intended to provide environmental safeguards for people employed in or visiting the district. Some visual amenity is expected in this district to make it compatible with adjoining residential or business districts, SCC 15.05.025. (b) (10). Residential housing in an industrial zone is not permitted outright due to environmental hazards and other nuisances. However, housing in an industrial zone within a bunkhouse or employee campground is allowed by Conditional Use Permit. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met or shall be by required conditions. The area to the west and north includes the north dock at SMIC, fisherman's float, and crane. The area to the east contains a privately owned parcel housing a communications repair facility, a leased parcel containing a boat repair business and the City boat storage yard. To the south is the Polar Seafoods receiving and processing plant and further to the south is the City owned syncro-lift. The use of the proposed temporary structures to serve as employee living quarters would have the visual appearance of an employee campground. There is no indication the development will negatively impact the value of any adjoining properties. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The proposal is in harmony with the Seward 2030 Comprehensive Plan (2017) and Strategic Plan (1999) in that both plans encourage growth of year-round business and both support the need for housing at all economic levels. Seward 2020 Comprehensive Plan (2017) The Comprehensive Plan promotes commercial development within the City of Seward in accordance with community values. Section 3.3.1.1 supports a range of housing choices that meet the needs of people in various income and age groups (page 14). Strategic Plan (1999) Promote Residential and Commercial Development Inside the City. (First Bullet) Encourage construction of residential and seasonal housing at all market levels (page 9). 4/61 D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met or shall be by required conditions. Water, sewer, telephone and electrical service are available within the area. Garbage dumpsters are available onsite. Dinning and sanitary facilities shall be provided within the required 200 feet at the Polar Seafood facility. The applicant intends to increase the current shower/sanitary facilities and work with the building department to assure compliance with the building and fire code. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met or shall be by required conditions. There is an identified need for seasonal housing in Seward, particularly for seasonal employees. The temporary structures to serve as employee living quarters will require a temporary building permit. Temporary structures are allowed for a maximum of 180 days. Adequate fire hydrants exist within the required distances to the employee campground. And adequate police and life safety service are available. The Zoning Code does not have a specification for parking for employee campgrounds. This degree of flexibility allows for site-specific projections, based on the historical use patterns of the applicant. A ratio of one parking space to ten (1 to 10) employees at maximum capacity has been sufficient, based on current and historic usage. Providing adequate parking for the employees will mitigate parking concerns in the area. The facility currently provides parking for the maximum employee projection of 50 employees; the same 32 employees will be utilizing the employee campground. F. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. 1. The membrane structures to be used as temporary structures shall be permitted annually, meet the building code requirements and development requirements as adopted by the City of Seward. 2. The temporary structures shall be removed at the end of the 180 day Temporary Permit period. 3. The use and placement of the temporary structures to serve as an employee campground shall meet the requirements of SCC§15.10.2266)Land Uses Allowed Employee Campgrounds. To include the 150 day occupancy period, leaving a 30 day set-up and tear down window for the temporary structures as allowed by the Building Code at 180 days. 4. The required parking shall be provided at a rate of one (1) space per ten (10) employees at maximum capacity. Current maximum capacity is 50 employees. (10 spaces required) 5/61 5. Animal / Bird resistant dumpsters / containers shall be provided for all garbage and refuse for the life of the use. These containers shall be kept closed and emptied on regular bases to minimize the possible wildlife encounters. 6. To minimize life safety and security concerns, Polar Seafoods shall provide temporary porta potties within 25 feet of the temporary structures; education for the employees regarding the SMIC area to include the private property and areas that are open for public access; and provide education on wild life safety to include allowing no food in the campground area. 8. The applicant shall continue to work with staff through the building permit process to address and accomplish any required upgrades to the public utilities if needed. 9. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 10. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: A When changed conditions cause the conditional use to no longer conform to the standards for its approval. B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 2. The Planning and Zoning Commission finds 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 F are met by the applicant and/or the agent, and authorizes the administration to issue a conditional use permit to the Polar Seafoods to allow temporary structures to serve as employee living quarters within the defined employee campground area of Lot 2A, Block 9, within the Seward Marine Industrial Center, subject to the above conditions. Section 3. 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. 6/61 Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of January, 2020. THE CITY OF SEWARD Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC, City Clerk (City Seal) 7/61 P&Z Agenda Statement Meeting Date: January 7, 2020 Through: Jackie C. Wilde, Community Development Director From: Andy Bacon, Planning Assistant Agenda Item: Resolution 2020-01 granting a Conditional Use Permit to Polar Seafoods to allow an employee campground on Lot 2A, Block 9, Fourth of July Creek Subdivision BACKGROUND &JUSTIFICATION: Polar Seafoods has applied for a Conditional Use Permit (CUP) to allow temporary structures to serve as employee living quarters within an employee campground on Lot 2A, Block 9, within the Seward Marine Industrial Center (SMIC). According to the Seward City Code, Land Uses Allowed Table 15.10.225, employee campgrounds are allowed in the Industrial Zoning District by CUP. This parcel is owned by the City and leased to Polar Seafoods. The proposed campground is to be located on the northeast area of Lot 2A, Block 9, Polar Seafoods Replat. This parcel is approximately 2 acres in size. The processing plant is located on the dock area at the southwest end of the parcel. The area to be used as employee campgrounds is approximately 75 x 100 feet, 7,500 square feet. The Planning and Zoning Commission approved Resolution 2015-10, granting a 5-year permit for Polar Seafoods to operate an employee campground using temporary membrane structures. Polar Seafoods has applied for an employee campground CUP to continue the providing of temporary employee seasonal housing in the same manner and placement. The temporary housing units are membrane structures and will require an annual permit and inspection from the Building and Fire Departments. The structures will house four (4) employees each with a maximum of 8 units. The structures will be removed from the parcel each year at the end of the 180 day permit period. Concerns for security at the Seward Marine Industrial Center (SMIC) and life safety from wildlife shall be addressed through education of the employees by Polar Seafoods. SURROUNDING LAND USE AND ZONING: The parcel is within the Industrial Zoning District. The area to the west and north includes the north dock at SMIC, fisherman's float, and crane. The areas to the east include a privately owned parcel containing a communications repair facility, a leased parcel containing a boat repair business and the City boat storage yard. To the south is the Polar Seafoods receiving and processing plant and further south is the City owned syncro-lift. Floodplain status: According to the FEMA Flood Insurance Rate Map, adopted by the City of Seward, a narrow portion along the west property line is within the VE (coastal high hazard) flood zone. The Planning and Zoning Agenda Statement Resolution 2015-10 Page 2 of 4 remainder of this parcel and all adjoining parcels is Zone D, area of undetermined but possible flood hazard. Utilities: The required sanitary facilities shall be provided within the maximum 200 foot distance specified in SCC 8.15.425(b), located at the main processing plant. Dinning and laundry facilities as well as break-room and recreation and entertainment areas are also provided at the main processing plant. Parking: The Zoning Code does not have a specification for parking for employee campgrounds. This degree of flexibility allows for site-specific projections, based on the historical use patterns of the applicant. A ratio of one parking space to ten (1 to 10) employee at maximum capacity has been sufficient, based on current and historic usage. The facility currently provides parking for the maximum employee projection of 50 employees; the same 32 employees will be utilizing the employee campground. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2030, approved by Council 2017): The Comprehensive Plan promotes commercial development within the 1. City of Seward in accordance with community values. X Section 3.3.1.1 supports a range of housing choices that meet the needs of people in various income and age groups (page 14). Strategic Plan (1999): Promote Residential and Commercial Development Inside the City. 2. • X Encourage construction of residential and seasonal housing at all market levels. (page 9) Seward City Code 3. 15.10.225 Land Uses Allowed Table: X Campground, Employee allowed by Conditional Use Permit Staff Comments Staff has reviewed the Rezoning application and no objections were reported. Department Comments No Comment N/A Building Department X Public Works Department X Harbor Department The Harbor department advises that the applicant's lease expires in June of 2021,and this CUP cannot extend past May 2021. Police Department X Electric Department X Telecommunications X Planning and Zoning Agenda Statement Resolution 2015-10 Page 3 of 4 Public Comment Property owners within three hundred (300) feet of the parcel were notified of this proposed Conditional Use Permit. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15.01.040 Public Hearings were complied with. At the time of the publication of this report, staff received one inquiry on this Conditional Use Permit Application. Staff discussed the application and the use of membrane structures as temporary housing. The citizen stated concerns that membrane structures were substandard housing, and are potentially unsafe and unsecure. Any comments received after this publication will be presented as a lay down to the Commission and the public at the January 7, 2020 meeting. RECOMMENDED CONDITIONS: 1. The membrane structures to be used as temporary structures shall be permitted annually, meet the building code requirements and development requirements as adopted by the City of Seward. 2. The temporary structures shall be removed at the end of the 180 day Temporary Permit period. 3. The use and placement of the temporary structures to serve as an employee campground shall meet the requirements of SCC§15.10.226 6) Land Uses Allowed Employee Campgrounds. To include the 150 day occupancy period, leaving a 30 day set-up and tear down window for the temporary structures as allowed by the Building Code at 180 days. 4. The required parking shall be provided at a rate of one (1) space per ten (10) employees at maximum capacity. Current maximum capacity is 50 employees. (10 spaces required) 5. Animal / Bird resistant dumpsters / containers shall be provided for all garbage and refuse for the life of the use. These containers shall be kept closed and emptied on regular bases to minimize the possible wildlife encounters. 6. To minimize life safety and security concerns, Polar Seafoods shall provide temporary porta potties within 25 feet of the temporary structures; education for the employees regarding the SMIC area to include the private property and areas that are open for public access; and provide education on wild life safety to include allowing no food in the campground area. 8. The applicant shall continue to work with staff through the building permit process to address and accomplish any required upgrades to the public utilities if needed. 9. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six Planning and Zoning Agenda Statement Resolution 2015-10 Page 4 of 4 month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 10. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: A When changed conditions cause the conditional use to no longer conform to the standards for its approval. B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. RECOMMENDATION: Based on the findings provided in Resolution 2020-01, staff recommends granting a Conditional Use Permit to Polar Seafoods to allow portable buildings (membrane structures)used as temporary structures to serve as an employee campground on Lot 2A, Block 9, Fourth of July Creek Subdivision within the Industrial Zoning District. C=OF SEWARD Community Development 1',0_ lio\ 167 MA&IIIssircct Cl V e i ro" ---------- Ad! W d — CONDITIONAL USE PERMIT ARRWATIONelopment This completed application is to be submitted to the City Clerk no later than three (3) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $300 filing fee. Approved permits will require an additional document recording fee, as set by the State of Alaska. In addition, please provide an as-built survey if the property has been developed or a scaled site plan with elevations if the property is undeveloped. Applicant: PO ieLc Address: Telephone Number: ! 662 Email: rl Property Owner(if other than applicant): Address: Telephone Number: Email: Property Description Address: ")_v I ,—) Lot Size: R Lot: Block: Subdivision:FO CA (A-M V� It vritN I _ Kenai Peninsula Borough Tax Parcel ID Number: Development Information What structures are on the property? _e How is the property being used? What is the proposed use of the property? What is the development timeline? J C n -2-o-2-o 12/61 Please note that prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit, it shall be established that the proposed use satisfies the following conditions of Seward City Code 15.10.320 (See the attached pages for specific City Code requirements) A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. 6) Describe any impacts to the adjoining properties and how property values Imay be affected. /d C a {-U wcs'. c� s C-1 a 6 r✓ c:�Cl ej c�- C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: http:/1www.cityofseward.us/ [: L9;— .. Pl t.� Ll-� i l_f' 1.11 U C•1 UtC �C� �u r� 1 1 r. G-t d Fl Vl Y4o tL f�. R�� Q) Describe 1 list the public services and facilities thaf��will serve the proposed use. (i.e., roads, utilities.) � �� I s •�r� 'T�•� �Czs•t, v�'la r�� c-�l t �C�4dS �r^� 1`y t�� 1 - N. CIL-i-<r G t C4 11 L'c�• i'1 ram°12 t��`, Imo-+ " E) The proposed project or use must not be harmful to the public health, safety and welfare. Describe any mitigation measures that may be needed to protect the public health, safety and welfare. [' LL4eA v-�i ram; t ,e' VOo'J r 7 I LL` , i. c� Le- C5 yee, e 'etllt� S 13/61 F Include building elevation plans and a site plan, drawn to scale. The site plan should include: } g p 1} Property dimensions L C\—V 2} Location and dimensions of existing and planned buildings je e.. 3) Parking configuration 4} Driveways and access 1 5} Natural features� 3� G� s c� �� rrru 'ej 6} Other pertinent information hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge and that I have the following legal interest in the property: { } Owner of record { } Lessee ( } Contract purchaser { } Authorized to act for a person who has the following legal interest: I 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. Regular meetings are hel ,the first Tuesday of every month. Applicant Signature: ( s Property Owner Signature: Enclosed: $300 Payment E Dimensioned plot plan !drawings (� Other: ( ) 14/61 Polar Seafoods CUP Application for Employee Campgr q unds - iscussion and application review with Bill Fejes for the Employee Campgrounds. Concerns for the employee for bear and moose safety • Provide safety education • No food allowed in the campgrounds Lighting • Large yard is already provided Security concerns for other properties in the area. • The plant provides a break room/commons area with television. Movies and reading materials Some entertainment is provided—hiking/site see trips • Education on areas around the plant o Areas not open to the public, the prison, boat yards and private property o Areas that are open to the public,Nash Road, Jellison. Avenue and Deliphin Street the beach,the northwest camping area. Time line Amount of membrane structures • 8 tents, with 4 per tent Sanitary Facilities • Provided within the plant Parking • Requesting 1 per 10 to a maximum of 50 • Cin-rently providi 6 spaces, same employees as in the campgrounds Bill Fejes Donna Glenz 15/61 49 rn13 �. L! 20' Utility � �... Easement �� '"""' x As 9'4 "w 75,22' �. S NJ 'EITa av > c NJ ca -� u f .� Utility Easerr an t Emqr ency %--- — — — -� .._. — — VehIcIc Access • `�. 1. S89'25`47"w E emvnt a 106,82 t� z Driveway Evscmant : 0 Jel [N89'25'47"E) 00.00'] 00 00 CL .0 t4 C) > r4 Ln `3 CO C: z (N89'25'47-E 277-51-) < LZ > p > Tract A3 F a N; (589-25-47"W 277.54'] K- —1 ,p -JE F I aSBq'27'47*W 277.54' CA,) C-4 CO V) 0 > IN 1 CO L= r4 14 r4 M G) 0 im R rD to I,cc, V 0 CO) L! W 275.22' L; W CL) N) rJ �) '0 I I > to 0i Utilfty Ea ant Vehicle Access $89'25'47-W 106.82' Tract A CN89-25'47-E 1229-93'.. z CIO Driveway Easement ov 17/61 CITY OF SEWARD RECEIPT'# 316io 410 ADAMS STREET 12/04/2019 PO BOX 167 Received SEWAR❑ AK 99664 phone: (907) 224-4050 From Lookup Name Payment Type Check # Amounts 11122 COMMUNITY DEVELOPMENT Check 0002240 Due 300.00 Tendered 300.00 Change Due Description: Conditional Use Permit-Polar Seafoods-SMIC Zoning Fees 300.00 18/61 MUSTANG owl _" V Q 40 MORRIS "" O �.. 4� Lot 2A Block 9 Fourth of July Sub. Parcel Map DUe Seafood Relat N Drawn ay: AB 12/09/2019 to Seafood ata sources roperty lines and aerial `: 0 62.5 125 250 Feet imagery do not overlay correctly. Map is to be used for # orientation and reference purposes only. Mapping Assistance by Alaska Map Company,LLC 19/61 zc © 0 LL- w c co w � Wj ac UJ cr- s 0t -� Q Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2020-02 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF FOREST ACRES LOTS 00, PP, AND XX FROM SINGLE FAMILY RESIDENTIAL (RI) TO MULTI- FAMILY RESIDENTIAL (R3) WHEREAS, the property owners of Lots 00, PP, and XX Forest Acres Subdivision have submitted an application and filing fee, requesting their lot be rezoned from Single Family Residential (R1)to Multi-Family Residential (R3); and WHEREAS, the proposed area to be amended includes three (3) parcels containing approximately 5.59 acres; and WHEREAS, the current zoning of the parcels are Single Family Residential (R1), and the future Land Use Plan map designation recommends the parcels be zoned Single Family Residential (R1); and WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the area encompassed by the proposed ordinance contains more than one acre; and WHEREAS, the Multi-Family Residential (R3) district is intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi-family residences from undesirable effects; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on January 7, 2020. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: 21/61 Section 1. The Seward Planning and Zoning Commission supports the proposed zoning change and recommends Resolution 2020-02 be forwarded to City Council for enactment as Ordinance 2020- attached and incorporated herein by reference. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of January 2020. THE CITY OF SEWARD,ALASKA Cindy L. Ecklund Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: None ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 22/61 Sponsored by: Planning and Zoning Commission Introduction Date: Public Hearing Date: Enactment Date: CITY OF SEWARD,ALASKA ORDINANCE 2020- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND ZONING DESIGNATION OF FOREST ACRES LOTS 00, PP, AND XX FROM SINGLE FAMILY RESIDENTIAL (RI) TO MULTI-FAMILY RESIDENTIAL (R3) WHEREAS, the property owners of Lots 00, PP, and XX Forest Acres Subdivision have submitted an application and filing fee, requesting their lot be rezoned from Single Family Residential (R1)to Multi-Family Residential (R3); and WHEREAS, the proposed area to be amended includes three (3) parcels containing approximately 5.59 acres; and WHEREAS, the current zoning of the parcels are Single Family Residential (R1), and the future Land Use Plan map designation recommends the parcels be zoned Single Family Residential (R1); and WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the area encompassed by the proposed ordinance contains more than one acre; and WHEREAS, the Multi-Family Residential (R3) district is intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi-family residences from undesirable effects; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on January 7, 2020. WHEREAS, at the January 7, 2020 meeting, the Planning and Zoning Commission reviewed the application, held a public hearing and recommended City Council approval of the proposed zoning amendment included in this ordinance; and 23/61 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby authorizes the amendment of the official Zoning Map of the City by amending the zoning designation of Lots 00, PP, and XX Forest Acres Subdivision from Single Family Residential (R1)to Multi-Family Residential (R3) Section 2. The Seward City Council further amends the official Land Use Map of the City by changing the land use designation of Lots 00, PP, and XX Forest Acres Subdivision from Single Family Residential (R1)to Multi-Family Residential (R3) Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this day of January 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 24/61 P&Z Agenda Statement Meeting Date: January 7, 2020 Through: Jackie C. Wilde, Community Development Director From: Andy Bacon, Planning Assistant Agenda Item: Resolution 2020-02 Recommending City Council Approval of the Rezoning of Forest Acres Lots 00, PP, and XX, From Single Family Residential (R1) to Multi Family Residential (R3) BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to the Seward City Council is Resolution 2020-02, amending the zoning designation of Forest Acres Lots 00, PP, and XX from Single Family Residential (R1)to Multi-family Residential (R3) Zoning. The property owners submitted an application and filing fee on November 27, 2019. The proposed area to be amended includes three (3)parcels containing approximately 5.59 acres. The Future Land Use Map approved in the 2030 Comprehensive Plan, delineates Lots 00, PP, and XX as Single Family Residential (R1). Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the area encompassed by the proposed ordinance contains more than one acre. The Multi-Family Residential (R3) district is intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi-family residences from undesirable effects. SURROUNDING LAND USE AND ZONING Lot PP and XX are vacant properties. Lot 00 contains a shop building near the north property line and is otherwise vacant. Parcels to the west across Spruce Street are zoned Rural Residential (RR) and include single family homes. Parcels to the south are zoned Single Family (R1) residential and include a single family home and a vacant parcel. Parcels to the north and east are zoned Resource Management(RM) and are owned by the City of Seward. The parcel to the east is used for snow storage and utility pole storage; and the City's electric transmission line runs along the eastern property line and along the Juniper Street right of way. The City-owned parcel to the north is restricted conservation land, designated as such during the Dieckgraeff Road levee proj ect. 25/61 F/oociplain status A majority of the land within the subject area is located in FEMA designated Special Flood Hazard Area, Zone AE. The base flood elevation for this area is determined at 39 feet. Development of these parcels will be subject to City of Seward floodplain regulations, and a floodplain development permit will be required. Utilities The subject parcels in this rezoning application are served by some City utilities. Development will require compliance with Chapter 16 of Seward City Code in extending City utility infrastructure. The Juniper and Laurel Street rights of way are currently undeveloped. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2030, approved by Council May 30, 2017): 3.2.2.1 Maintain community vision through the rigorous implementation and update of the Comprehensive and 1. Land Use Plans (page 14) X * Update the zoning code in order to implement the Comprehensive Plan and bring the zoning map into conformance with the Land Use Plan (page 14,bullet 3) 2. Strategic Plan (Approved by Council Resolution 99-043): • Promote Residential and Commercial Development inside X the City. (Page 9,Bullet2) Seward City Code SCC §15.01.035, Amendments (b): (1) Changes in this title may be initiated by the following means: (c) By petition of a majority of the property owners in the area to be amended; 3 (3) Except for an ordinance altering the boundaries of X existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the City shall be considered if the area encompassed by the proposed ordinance contains less than one acre, not including street or alley rights-of-way. 26/61 STAFF COMMENTS: Staff has reviewed the Rezoning application and no objections were reported. The Community Development Department recommends expanding the area to be rezoned to include Lot BJ and Lot NN. This would create a consistent zoning designation for this entire block Department Comments No Comment N/A Community Development Recommend adding Lots NN and BJ to maintain contiguous zoning within the block bounded by Spruce,Laurel and Juniper Street Building Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X PUBLIC COMMENT: Property owners within three hundred (300) feet of the proposed land use action were notified of the requested rezone. 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 the time of publication, staff has received two public comments. One was submitted via email and is published in the meeting packet. The second comment was from a property owner adjacent to the subject area. Staff answered questions about the application and City Code. The property owner wishes to be included in the area to be rezoned. RECOMMENDATION: Amend Resolution 2020-02 to include Lot NN in the area to be rezoned. Commission Approve Resolution 2020-02, Recommending City Council Approve The Attached Ordinance Amending The Land Use Plan And Zoning Designation Of Forest Acres Lots 00, PP, And XX, From Single Family Residential (R1) To Multi Family Residential (R3). 27/61 RECEIVED LAND USE PLAN AMENDMENT - REZONING APPLICATION NOV 2 7 2019 �I:�'� m( cly- Ck Petitioner: �i ... Address; , f LurrT f—� '`' � Phone No: ge, Legal Description: RK AV6S Physical Location: C' � U� ~ �• Land Use Plan: Present: Proposed: Zoning District: Present: Proposed'. W Intended use and/or reason for rezoning: -7 C-1 7-Y)ePS. 6WAP,V 0 5 c) U/jA/W Trc . A reap is required to accompany this application! Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE of $.250,00 (payable to the City of Seward) to the Community Development Office." ' Signatwes of 51 °/o of property owners involved in the rezoned area, SIGN4TUR ADDRESS (legall DATE 6ql, qc76 t r 28/61 - ---- - ' Y v a r O C a �� C7 a n ELM ST . n _ 1S LD N w Z m Cp[fl R7 A a M C) `' w � C- n`� w y n p ETl CA1 d� VA A t CD7 r1J n ate• mn Q _ 1� . n k, ru CY N co LS y r�J 7 V ru fu n W C)a !' v"fir' ff} N a n Q n CD ro m ^�- ----- EVER EEN ST . C 13 n1 Q n w C37 nI W `"� Cal N n Ln v o n > n `y rn U) L'' Cfl r� . n V b n n n ru Q n n 1S �AYila n ai 0 m 2 �cn m a G1 n 2 H A m �J>-n cn ua n �H n�, N o `� n �J n (iN m Q n rU Z W y m w m m z Sp�qUCC S r n r z na a � a _ ----- - - m m ------------- — � w C) n t7 n © A9 Q n I Lf �+ f7 • � -i a r a 5 m co , y am 29161 T z Z ^ v v \ I 4ENlhlsG Nov 20 2019 1:28PM C Peninsula Borough Assessing Department 144 N. Binkley Street e� caRavG o . . General Information Property ID 14506405 MCCRACKEN TAMES E Address 2410 SPRUCE ST PO BOX 691 Document/ Book Page 981170 SEWARD,AK 99664-0691 Acreage 2.0600 Property ID Display Name Address 14506405 MCCRACKENJAMES E PO BOX 691 Legal Description Description T 1N R 1W SEC 34 Seward Meridian SW 0000017 FOREST ACRES SUB LOT 00 Value History Assessed Year Reason Land Structures Total 2019 Main Rolt Certification $96,500 $39,700 $136,200 2018 Main Roll Certification $83,900 $41,000 $124,900 2017 IMain Roll Certification $83,900 $42,200 $126,100 2016 Main Roll Certification $83,900 $43,300 $127,200 2015 IMain Roll Certification $83,900 $39,100 $123,000 2014 IMain Rail Certification $83,900 $39,800 $123,700 2013 [Main Roll Certification $83,900 $41,000 $124,900 2012 ain Roll Certification $83,900 $42,400 $126,300 2011 Pain Roll Certification $83,900 $43,200 $127,100 2010 Maln Roll Certificatlon $83,900 $44,200 $128,100 2009 Main Roll Certification $71,800 $44,900 $116,700 2 008 IMain Roll Certification $57,400 $40,200 $97,600 2007 Main Roil Certification $57,400 $40,200 $97,600 2006 Main Roll Certification $57,400 $30,300 $87,700 2005 Main Roll Certification $60,900 $26,000 $87,700 2004 IMain Roll Certification $60,900 $26,800 $87,700 2003 Main Roll Certification $60,900 $26,800 $87,700 2002 IMain Roll Certification $60,900 $26,800 $87,700 2001 P4ain Roll Certification $60,900 $26,800 $87,700 30/61 RECEIVED NOV 2 7 2019 Per . ..� LAND USE PLAN AMENDMENT - REZONING APPLICATION Petitioner: ,A sc lf4 t'p-. Ak (--o - )A(6 / Address: R o k, Phone No: 907 Z Legal Description: 74C pel-s 1075- /� 7 Physical Location: uoup- -4. Land Use Plan: Present: -' Proposed: -' Zoning District: Present: Proposed: Intended use and/or reason for rezoning: UTi,( t,0 7"S i i�J -i:6 amr 4cPe-<-,. rQ Tz L� i� ✓ _ A map is required to accompany this application! Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE of $1Z57.-O—p (payable to the City of Seward) to the Community Development Office:e)a Signatures of 51 % of property owners involved in the rezoned area. SIGNATURE ADDRESS ile af} DATE cox Ali. 31/61 fl} n w A ELM ST UI Cal r > µ �� rr-�l V n n❑ �-`J n a 2 p b �] n �L[� • a ru p n NCO >� . � M n� or r` „� n a � ru y � ru co °� wpm a� nX m o� N � � two Lo mQ n nWnNh nm nC Q o a n LO cp m --� - EVER EEN ST . tO n C � m •if71 q d gyp Air D W r 0 � D .. F + F > a n h � v (C)� h DA (Jl h T n f+ O W [ n °1 Q7 A Q h [n-1 ' V V D Q > = Oai �'� m a Gl � a 2 C CV� a µ e a X Q ay C7 n r .� n to m D"n 0 1.JLJ �p �} � N N O n m W Lo Z ago Z SpRUE n � ST 7-1 n _ o O Gy F a n Q s- �•• F �, a F N ' n F �J O _ " m c,r'o - 4UREL _ m m0 0x { > > 7 C, to • 7- n Z Z M 'O `'• z '� 32/61 Are Kenai Peninsula Borough Assessing Department 144 N. Binkley Street 0 Soldotna General Information AFOGNAI(LOGGING Property ID 14506406 Address 2500 SPRUCE ST PO BOX 610 SEWARD,AK 99664-0610 document/Book Page 43/941 Acreage 0.8300 r Property ID Display Name Address 14506406 AFOGNAK LOGGING PO BOX 610 LegalDescription Description T 1N R.1W SEC 34 Seward Meridian SW 0000017 FOREST ACRES SUB LOT PP Value History Year Reason Assessed Land Structures Total 2019 Main Roll Certification $56,700 1 $0 $S6,700 2018 Main Roll Certification $49,300 $0 $49,300 20i7 Main Roll Certification $49,300 $0 $49,300 2fl16 Maln Roll Certification 1 $49,300 $0 $49,300 2015 Main Roll Certification $49,300 $0 $49,300 2014 Main Roll Certification $49,300 $0 $49,300 2013 IMain Roll Certification $49,300 $0 $49,300 2 112 Main Roll Certification $49,300 $0 $49,300 2 111 IMain Roll Certification $49,300 $0 $49,300 2010 Main Roll Certification $49,300 $0 $49,300 2009 Main Roll Certification $24,800 $0 $24,800 2 008 Main Roll Certification $19,800 $0 $19,800 2007 Main Roll Certification $19,800 $0 $19,800 2006 IMain Roll Certification $19,800 $0 _ $19,800 2005 Main Roll Certification $27,300 $0 $27,300 2004 Main Rali Certification 1 $27,300 $0 1 $27,300 2 003 Main Roll Certification $27,300 $0 _ $27,300 2002 IMain Roll Certification $27,300 $0 $27,300 1 2001 Main Roll Certification 1 $27,300 1 $0 $27,300 DetailsLand Primary Use Land Type Acres Eff Frontage Eff Depth Asd Value Primary Site 0.8300 0.00 0.00 $56,700 33/61 Kenai Peninsula Borough Assessing Department 144 N. BinkleV Street GROG G ' '' General Information AFQGNAK LOGGING Property ID 14506409 PO BOX 610 Address 2411 LAUREL ST SEWARD,AK 99664-0610 Document/ Book Page Acreage 2.0200 E Property ID Display Name Address 14506409 AFOGNAK LOGGING PO BOX 610 Legal Description Description T 1N R 1W SEC 34 Seward Meridian SW 0000017 FOREST ACRES SUB LOT XX Value History Year Reason Assessed Land Structures Total 2019 Main Roll Certification $95,500 $0 $95,50o 2018 Main Roll Certification $83,000 $0 $83,000 2017 IMain Roll Certification $83,000 1 $0 $83,000 2016 IMain Roll Certification $83,000 $0 $83,000 2015 Main Roll Certification 1 $83,000 $0 $83,000 2014 Main Roll Certification $83,000 $0 $83,000 2013 Main Roll Certification $83,000 $0 $83,000 2012 IMain Roll Certification $83,000 $0 $93,000 2011 Main Roll Certification $83,000 $0 $83,000 2010 Main Roll Certification 1 $83,000 $0 $83,000 2009 Main Roll Certification $39,000 $0 J $39,000 2008 Main Roll Certification $31,200 $0 $31,200 2007 Main Roll Certification $31,200 $0 $31,200 2006 IMain Roll Certification $31,200 $0 $31,200 Land Details Primary Use T Land Type Acres Eff Frontage Eff Depth Asd Value Primary Site 2.0200 0.00 0.00 $95,500 34/61 CITY OF SEWARD RECEIPT# 31531 Iwo 410 ADAMS STREET 11/27/2019 PO BOX 167 SEWARD AK 99664 Receivedphone: (907) 224-4050 From Lookup Name payment Type Check# Amounts 11122 COMMUNITY DEVELOPMENT Check 0003350 Due 300.00 Tendered 300.00 Change Due Description: Re-Zone Application Fee Forest Acres Lots Taxes Payable - Sales 19.63 Zoning Fees 280.37 35/61 Legend Rural Residential Single Family Residential Two Family Residential 0 Multi Family Residential Urban Residential Office Residential Harbor Commercial - Auto Commercial Central Business District - Industrial Institutional - Park Resource Management SH .� i k W f � r . v n a+ s n a ,a Rezone of Lots 00, PP, and XX Zoning Map cores-t Aces: R-1 to R-3 N Drawn By: AB 12/09/2019 ue to di erent ata sources property lines and aerial 0 205 410 820 Feet imagery do not overlay correctly. Map is to be used for # orientation and reference purposes only. Mapping Assistance by Alaska Map Company,LLC 36/61 n �a; r•� �� g a.-,Y !�"� � fr� .'fir,v. ��A ,.. '�°�^x+^+iw� w•� cam' y M1 b x � M r � t , w 8. SI Ipp 00, k - � Wr Sl • Nor a" y t a R del 3;. w r r „ Il a • - • 1 • AB 19 1 • December 29, 2019 To: Seward Community Development and the Planning and Zoning Commission From: Carol Griswold, my comments are in italics, sources are hot-linked. The Planning and Zoning Commission must provide rational and non-arbitrary reasons in support of its decision. Below are quiding concepts and questions that should be considered and answered to reach a legal and valid decision. Thank you, Carol Griswold January 7, 2020 P&Z Public Hearing Resolution 2020-02, Of The Planning And Zoning Commission Of The City Of Seward,Alaska, Recommending City Council Approval Of The Rezoning Of Forest Acres Lots 00, PP,And XX From Single Family Residential (R1) To Multi-Family Residential (R3). Parcel 14506405 Lot 00 2410 Spruce St 2.06 acres Parcel 14506406 Lot PP 2500 Spruce St 0.83 acres Parcel 14506409 Lot XX 2411 Laurel Street (not developed) 2.02 acres Section 1: https://casetext.com/case/griswold-v-city-of-homer-3 The Supreme Court of Alaska ruled in 1996 in Griswold V City of Homer that: • consistency with a comprehensive plan is one indication that the zoning action in question has a rational basis and is not an arbitrary exercise of the City's zoning power • zoning decisions must be based on objective, factual evidence • zoning decisions which are the result of prejudice, arbitrary decision-making, or improper motives are arbitrary, without a rational basis, and are invalid • although a planning commission is not required to make specific findings supporting its decisions, it must articulate reasons for its decisions sufficient to assist the parties preparing for review and to restrain agencies within the bounds of their jurisdiction • failure to comply with Comprehensive Plan indicates Spot Zoning • a common spot zoning situation is one in which an amendment is initiated at the request of an owner or owners who seek to establish a use prohibited by the existing regulations. Spot Zoning:To determine whether Resolution 2020-02 constitutes illegal spot zoning, consider (1) the consistency of the amendment with the comprehensive plan; (2) the benefits and detriments of the amendment to the owners, adjacent landowners, and community; and (3) the size of the area to be rezoned. (1) The consistency of the amendment with the 2030 Comprehensive Plan: This rezone is not consistent with the 2030 Comprehensive Plan or the Future Land Use Map. The three parcels are zoned Single Family Residential(R1) in the current Zoning Map and Future Land Use Map. 1 38/61 This rezone is not contiguous with Single, Two, and Multifamily Residential(R3). To the west is Single Family Residential 1 (R1), to the north and east is Resource Management(RM), to the south is Institutional(INS). Single Family Residential(R1) is low-density residential. Single, Two, and Multifamily Residential (R3) is high density residential. Resource Management(RM) is partially developable lands subject to floodplains and steep slopes, in this case,floodplains. Institutional(INS) is public and quasi-public uses. (2) The benefits and detriments of the amendment to the owners, adjacent landowners, and community: 2a. Benefits and detriments to the community Perhaps the most important factor in determining whether a small-parcel zoning amendment will be upheld is whether the amendment provides a benefit to the public, rather than primarily a benefit to a private owner. An amendment intended only to benefit the owner of the rezoned tract is the "classic case" of spot zoning. Courts generally do not assume that a zoning amendment is primarily for the benefit of a landowner merely because the amendment was adopted at the request of the landowner. If the owner's benefit is merely incidental to the general community's benefit, the amendment will be upheld. Does Resolution 2020-02 benefit the public and serve the general interests of the community rather than primarily the interests of the property owner?In what ways? "Ultimately the Court held that the Board's action to create "an island of property with less restrictive zoning in the middle of properties with more restrictive zoning" was, in fact, spot zoning. However, the Court clarified that this does not end the analysis because spot zoning may or may not be impermissible, depending on the circumstances. In doing so, the Court reaffirmed the long-held idea...that spot zoning may well be in the public interest if the record shows that the public would benefit from it...The Board had substantial findings supporting their decision to confer special benefits to the particular parcel and that in doing so, the public at large would benefit from such action. It cannot be stressed enough as to the importance of building a sound foundation of factual analysis incorporated into findings adopted by the legislative body to create a clear administrative record in support of such a decision." http://www.agclawfi rm.com/conte nt.aspx?view=news&newsl D=144&categoryl D=10 Many jurisdictions, including this one (Supreme Court of Alaska), have held that interests such as the preservation of neighborhood character, traffic safety, and aesthetics are legitimate concerns. The government's interest in aesthetics is substantial and should be accorded respect. Increased traffic is a valid reason to deny application for rezone. These are tangible harms. What are the benefits/detriments to the adjacent homeowners across Spruce Street and to the south on Spruce and Juniper Streets: Kevin Christian, Vickie Detert, Lanno Settles,Joann Utt, Nathan Orr, Casie Warner, Michael Banas What are the benefits/detriments to the City of Seward as a property owner to the north and east? 2 39/61 What are the benefits/detriments to the community and public at large? What are the benefits/detriments re: the preservation of neighborhood character, traffic safety, and aesthetics? This proposed rezone is a spot zone, but if the public at large derives benefits from the proposed rezone, and the detriments to the adjacent property owners are non-existent or mitigated, then it may be a legal action. If the public at large and the adjacent property owners do not benefit from the rezone, then it is an illegal action. What is the risk of flooding on the proposed rezoned parcels and adjacent properties if the rezoned properties are developed? What is the impact on the flood zone ratings on the proposed rezoned parcels and adjacent properties if the proposed rezoned properties are developed? Will flood insurance be required? What is the risk of liquification on the proposed rezoned parcels during an earthquake?Consider requiring geotechnical evaluation of the properties, and proactive measures to promote stability. Title 16.053010 Required public improvements Who pays for utility extensions of water including fire hydrants;sewer; electric including telephone and street lighting, road improvements including sidewalks, and to bring the properties into compliance with any other requirements? 2b. Benefit to the landowner Small-parcel zoning designed merely to benefit one owner constitutes unwarranted discrimination and arbitrary decision-making, unless the ordinance amendment is designed to achieve the statutory objectives of the City's own zoning scheme, even where the purpose of the change is to bring a nonconforming use into conformance or allow it to expand. Otherwise, the City would be forced either to discriminate arbitrarily among landowners seeking relaxed restrictions or to abandon the concept of planned zoning altogether. Does this rezone only benefit the landowner?If so, then it is discriminatory and arbitrary. Does the rezone achieve the statutory objectives of the City's zoning plan)?(See Title 15) If not, then this rezone is arbitrary and negates the need for planned zoning. What are the benefits/detriments to the owner? (3) The size of the area to be rezoned: 4.91 acres We (the Supreme Court of Alaska) believe that the relationship between the size of reclassification and a finding of spot zoning is properly seen as symptomatic rather than causal, and thus that the size of the area rezoned should not be considered more significant than other factors in determining whether spot zoning has occurred. A parcel cannot be too large per se to preclude a finding of spot zoning, nor can it be so small that it mandates a finding of spot zoning. Although Anderson notes that reclassifications of parcels under three acres are nearly 3 40/61 always found invalid, while reclassifications of parcels over thirteen acres are nearly always found valid, id., as Ziegler notes, the relative size of the parcel is invariably considered by courts. One court found spot zoning where the reclassified parcel was 635 acres in an affected area of 7,680 acres. Section II: Determine if Resolution 2020-02 complies with Seward Code: SCC Title 15 Planning and Land Use Regulations Purpose. It is the purpose of this title to promote public health, safety and general welfare by providing for planning and land use regulations within the City. Intent. It is the intent of this title to provide for orderly development of the community; to promote safety and public order; to protect the public health and general welfare of the citizens of the community; and stimulate systematic development of transportation systems, public utilities, schools, parks and other public facilities. Determine if this rezone is in accordance with this Title. What is the risk of flooding and the flood zone rating? Will flood insurance be required? What is the risk of liquification during an earthquake?Consider requiring geotechnical evaluation of the properties, and proactive measures to promote stability. 15.01.030- Official maps. Changes. No changes of any nature shall be made to the official maps except in conformity with the procedures set forth in this title. Determine if this rezone is in accordance with this Chapter. 15.01.035 -Amendments (a) Generally. Whenever the public necessity, convenience or general welfare requires, the City Council may, under the procedure set forth in this section and by ordinance, amend or repeal these regulations or change zoning and land use district boundaries. (3) Except for an ordinance altering the boundaries of existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the City shall be considered if the area encompassed by the proposed ordinance contains less than one acre, not including street or alley rights-of-way. This rezone is not contiguous with any other R3 zone, nor does the rezone bring it into compliance with the Land Use Map. See above regarding Spot Zoning considerations. 15.05.020- Land use plan—Purpose. A part of the comprehensive plan is the development of a land use classification system on which to base zoning and to guide the land use regulation system. Such a classification system should provide a balanced, compatible land use mix, in order to separate incompatible uses and minimize conflict between land uses. Determine if this rezone is in accordance with this Chapter. What conditions will be required to minimize conflict between land uses, especially the adjacent Single Family Residential properties. 4 41/61 15.05.025 - Land use districts—Established, definitions. (2) Single-family residential district (R1). Intended to provide for stable and quiet low to medium density (one to five dwelling units per acre) detached, single-family residential development, free from other uses except those which are both compatible and convenient to residents of such a district. (4) Multi-family residential district (R3). Intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment and/or recreation.This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi-family residences from undesirable effects. (13) Resource management district (RM). Lands which are generally undeveloped and cannot be precisely zoned due to inadequate information on the extension of public services and utilities; the suitability of the land to support commercial, residential, industrial or public uses; and other possible environmental consideration. Chapter 15.10. - Seward Zoning Code 15.10.115 - Purpose. 1. Protect the public health, safety and general welfare of the community's residents; 4. Provide safe, aesthetic surroundings and living conditions; 8. Provide for orderly and stable public, residential, commercial and industrial development 10. Determine the most appropriate use of land in accordance with the comprehensive plan Determine how this rezone, which is not in accordance with the Comprehensive Plan or Future Land Use Map, is otherwise in compliance with this Title and Chapter. Determine if geotechnical surveys can be required to determine soil stability in case of an earthquake and subsequent liquefaction. Determine if liquefaction mitigation techniques such as Vibroflotation or other ground improvements can be required when building in a seismically unstable area with high potential for liquefaction and subsequent damage to structures and potential loss of life. 5 42/61 CALL TO ORDER The December 3, 2019 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Cindy Ecklund. OPENING CEREMONY Commissioner Swann led the pledge of allegiance to the flag ROLL CALL There were present: Cindy Ecklund presiding, and Gary Seese Nathanial Charbonneau Tom Swann Kelli Hatfield Martha Fleming Craig Ambrosiani Comprising a quorum of the Board; and Also Present Jackie Wilde, Community Development Director Andy Bacon, Planning Assistant Charles Cacciola, Counsel for Community Development Department SPECIAL ORDERS,PRESENTATIONS AND REPORTS Administration Report Jackie Wilde updated the Commission on the following business items • Wilde stated that an update to the lodging audit would be presented in January after the Finance Department had opportunity to reconcile their Q4 bed tax revenues • The Community Development Department has been extremely busy. A department budget has been given to Council for approval • The Community Development Planner position is being advertised nationwide and statewide, and so far the City has not received any applicants Other Reports,Announcements, and Presentations-None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING-None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Swann/Hatfield) Approve the agenda and consent agenda Motion (Fleming/Swann) Amend the title of Item 7.B.1. to strike the words Resolution 2019-017 and replace with Resolution 2019-021 Motion Passed as amended Unanimous 43/61 The November 5, 2019 regular meeting minutes were approved on the consent agenda New Business Items requiring a Public Hearing Resolution 2019-021 Granting A Variance From Seward City Code 15.10.220 Development Requirements To Reed And Kelley Wiley Lane, Permitting An Exception To The Zoning Code To Allow Structure Within The 5 Foot South Side Setback On Lot 27, Block 27, Original Town Site Seward, 512 First Avenue, Within The Single Family Residential (Rl) Zoning District Wilde read aloud the review criteria for variance applications in section 15.10.325 of City Code. Wilde introduced Charles Cacciola, counsel for Community Development, and stated that he would be speaking on any allegations or litigation on this variance. Cacciola stated that his role was as advocate for the Community Development Department, and that he was not advising the Commission. Cacciola stated that the Department believes this variance should be denied because it does not provide sufficient information. Denying the variance on those grounds would allow the applicants to re-apply and provide more detailed information on what specifically they are requesting relief from. Ecklund stated the Commission may have questions during discussion of the motion. Ecklund opened public hearing. Rissie Casagranda, inside city, introduced herself as project manager for the applicants. Casagranda discussed some mistakes made on the application, and provided some correction and clarification to the Commission. Casagranda stated that she thought the administration had mistakes as well and that this was a messy process. Casagranda stated that there had been little communication from the City. Casagranda stated that she had been given conflicting information by administration. Casagranda discussed the laydown items she provided to Commission Reed Lane, inside city, introduced himself as the applicant. Lane provided a laydown of a redlined version of the resolution in question. Lane discussed that the resolution as written was confusing because the title was written in the affirmative and section two was written so as to deny the variance. Lane stated that he thought the Community Development Department wanted them to get this variance so that they could apply for a building permit. Lane thought the handling of this application was not typical in that it was handed to an attorney, and that the information they provided in the application was not used in the resolution. Lane then discussed the laydown resolution that he provided. The Commission suspended the rules to discuss the application with Lane Vernon Willet, outside city, stated that the applicants were seeking this variance in order to preserve their property. Willet stated that there were projects happening all over the city that are out of compliance with setbacks, and questioned why the Community Development Department singled out this project. Willet urged the Commission to think about the costs and benefits in their consideration of this application. 44/61 Nan Ashford, inside city, identified herself as a neighbor and spoke in support of granting the variance. Ashford stated that the house on the Lane's property does not appear to be encroaching on anything, and complimented the appearance of the property. John McBride, inside city, discussed the interplay of lot lines and setbacks, and stated that the City should make it easier for property owners to understand what parts of their property they aren't supposed to build on. McBride stated that as-built surveys are very helpful in this regard. McBride supports granting the Lane's a variance. Lynda Paquette, outside city, agreed with the previous speaker and stated that something needed to change. Paquette stated that the City has a reputation for creating a difficult process for citizens whom someone in the administration dislikes. Paquette also stated that the Lane's had received conflicting or inaccurate information from City staff during this application process. Paquette stated that the resolution was confusing as written. Kelley Lane, inside city, discussed the current and intended use of her property, and urged the Commission to support her request for a variance. Lane displayed photos of her family and discussed personal details of her background and family story. Lane stated that she was trying to make her home safer for her elderly mother. Ecklund disclosed ex-parte communication with Lane stating that she received three voicemails from Lane, and communicated via email that she could not discuss the subject matter of the hearing. Ecklund advised the Commission to disclose any ex-parte communication. Fleming stated that she spoke to Lane once, but was unable to discuss the hearing item, and unable to return a call. Ambrosiani stated that he spoke to Lane, and answered some questions. Seese stated that he received a call from Lane but was unable to talk and did not discuss the hearing. Hatfield received three messages from Lane, and stated that she did not reply. Motion (Swann/Seese) Approve Resolution 2019-017 Granting A Variance From Seward City Code 15.10.220 Development Requirements To Reed And Kelley Wiley Lane, Permitting An Exception To The Zoning Code To Allow Structure Within The 5 Foot South Side Setback On Lot 27, Block 27, Original Town Site Seward, 512 First Avenue, Within The Single Family Residential (R1) Zoning District Swann stated that he thinks the Commission has all the information they need to make a determination, and that he is not in favor of granting a variance to the Lane's. Swann asked Cacciola to confirm some information in the application. Discussion surrounding the extent of the variance request concluded that the request is for the extension of a roof line in the easterly and southerly directions, within the side yard setback. Ecklund stated that the issue with this project is that it made a legally nonconforming structure more nonconforming, which is not 45/61 allowed by code. Commission discussed the wording used in the resolution, and that the affirmative language in the title conflicted with the negative language in Section 2. Seese discussed the application and stated that he drove by the property and thought it looked nice. Swann discussed the significance of the structural changes, and stated that building codes weren't necessarily in place to protect a homeowner from their house; they are in place to protect future owners. Swann stated that approving this variance would open the door for other property owners to build without proper permits and then use the variance process to ask for forgiveness. Commission discussed re-platting as a solution since the Lanes own the vacant undeveloped property to the south. Commission discussed postponing the resolution. Fleming stated that the City has made property owners tear down unpermitted, illegal structures. Hatfield asked if approving this variance would set precedence. Wilde stated that this application will have the effect of changing the way that Community Development department reviews building permits. Discussion surrounding defining properties via the use of tax parcel IDs and legal descriptions versus using the underlying plat. Commission discussed one of the laydown items and setback variances that had been granted in the past. Commission discussed what City Code says with regard to nonconformities. Motion (Fleming/Swann) Delete Section 2. of Resolution 2019-021 and renumber subsequent sections. Motion passed AYES: Seese, Fleming, Swann, Ambrosiani, Hatfield, Charbonneau, Ecklund NOES: none Main Motion passed as amended AYES: Seese, Ambrosiani, Fleming, Ecklund NOES: Hatfield, Swann, Charbonneau Chair Ecklund declared a conflict of interest, stating that she is the applicant for the following public hearing item, and handed the gavel to Vice Chair Fleming. Ecklund left the dais. Resolution 2019-018 Recommending City Council Approval Of The Rezoning Of The West Half of Federal Addition Blocks 7, 14, and 17, except Lot 7A Block 17, From Single Family Residential (Rl) and Two Family Residential (R2) To Office Residential (OR) Wilde gave an overview of the zoning history of this area. Wilde discussed the surrounding land use and zoning. Wilde stated that this item was properly noticed to the public, and specified the number of citizen's comments received. Fleming opened the public hearing. Cindy Ecklund, inside city, stated that the rezoning application complied with Seward City Code, and recited the code requirements. Ecklund discussed the Seward Comprehensive plan, 46/61 and its role as specified in City Code. Ecklund discussed the changing nature of the uses of the area in the past 20 years. Ecklund stated that the properties in the application no longer meet the definition of the Single Family zone. Ecklund gave an overview of citizen comments during the first P&Z public hearing and subsequent appeal hearing, noting there were no objections from any property owners within the subject area. Ecklund requested that the Planning and Zoning Commission approve Resolution 2019-018. Rissie Casagranda, inside city, stated that she lives on Second Avenue, not within the subject area, but in the neighborhood. Casagranda stated that she supports changing a zone to higher and better use no matter what. Casagranda stated that there were plenty of homes, and noted the availability of miles and miles of land available outside City Limits for single family homes. Casagranda stated that she supports vacation rental businesses, and hoped the resolution wouldn't be denied based on perceptions that short term rentals take away long term housing. Casagranda stated that she doesn't want to see 80-room hotels taking up water views in town. Casagranda discussed issues surrounding exterior lighting that affects her property as well as the subject area. Casagranda stated that she did not want her zoning to change from R1, but that the subject area does not fit the definition of an R1 zone. Casagranda stated that parking was not an issue along Second Avenue. David Struif, inside city, stated that he has been before the Commission multiple times for rezoning this area and has heard the arguments for and against. Struif summarized the arguments against rezoning the area. Struif gave a description of uses and neighborhood characteristics along Second Avenue, noting the differences between the subject area and the area further south. Struif noted that peak use of AVTEC did not coincide with the tourist season, minimizing potential impact of increased congestion in the area. Struif stated that rezoning could create more housing through higher density. Struif stated that environmental impacts to rezoning would be minimal. Struif stated that rezoning to OR would create business investment, property investment, and beautification. Michael Mahmood, inside city, stated that he lives on Second Avenue south of the subject area, and that the Commission should not approve this resolution based on the Comprehensive Plan. Mahmood stated that this would likely result in a loss of long term housing, and that as a renter it is really hard to find affordable rental housing inside city limits. Mahmood stated that he understands the point of view of land owners getting to use their land how they want, but that his opinion is negative toward this rezoning. Reed Lane, inside city, supports this rezoning application because it would give property owners more flexibility. Lane stated that this area had the surroundings of the OR district with a zoning designation of R1. Lane stated that the market would sort out which properties are used for housing and which are used for business, and that providing a greater flexibility in use for these properties would be beneficial to the owners. Brendan Ryan, outside city, stated that he is a property and business owner in the area, and was asked to speak to this application. Ryan stated that his opinion is neutral on what the zoning designation should be for this area, but discussed a recent conflict over parking that was brought 47/61 before the Commission that involved his business. Ryan stated that if the zoning change is approved, the residents in the area need to be aware that there will be increased use of public parking along the right of way, and that this is a legal use. Ryan also stated that while property owners should be able to do what they want to with their land, that they also knew the zoning designation when they purchased it. Ryan noted that one could petition to have their zone changed, but disagrees with the notion of implying that change must happen. Ryan noted that in some instances a rezone does not work for everyone, and that citizens should be more conscious of some of the changes being pushed for in Seward. Jen Leahy, inside city, stated that she lives on Second Avenue south of the subject area. Leahy stated that in general she supports actions that are aligned with the Comprehensive Plan and opposes actions that are against the Comp Plan, because the development of that plan was a public process that resulted in a shared vision of our community. Leahy is concerned that making exceptions to the guidelines set by the Comp Plan chips away at its legitimacy. Leahy supports rezoning to R-2, as specified by the Comp Plan. Leahy is concerned that approval of this rezone will cause adjacent properties along Second Avenue to face rezoning challenges. Leahy stated that allowing a rezone that permits vacation rentals on the part of Second Avenue where she lives would assuredly result in her eviction. Leahy is concerned that renters are underrepresented constituents of the Planning and Zoning Commission, and that she speaks on behalf of renters in stating the difficulties faced by residents of Seward who are not in a position to buy property. Leahy urged the Commission to consider the long term effects of their decisions. Carol Griswold, inside city, referenced a letter that she submitted for publication in the meeting packet. Griswold discussed the importance of written findings of fact in making decisions, that they help the public understand the process. Griswold stated that this application is not supported by City Comp Plan, and discussed the uses in the subject area and surrounding areas. Griswold stated that OR uses are incompatible with the neighborhood. Griswold stated that vacation rentals are at the core of this issue, and they are already allowed in many other areas. Griswold stated that vacation rentals take long term housing away from residents. Griswold stated concerns that commercial zoning will creep down Second Avenue. Griswold stated that she would support a change to R2. Cindy Ecklund, inside city, stated that rezoning to OR will not restrict single family housing. Ecklund stated that the Comp Plan is a guide, but City Code is the law, and this rezoning request follows City Code. Ecklund stated that this application is supported by the residents, and this location is a prime area for some development. Carol Griswold, inside city, stated why leap from R1 to OR, when the subject area is not situated between high density commercial and medium density residential. Griswold stated that the OR zone for this area is not supported by City Code. Griswold said the more logical zone would be R-2. Griswold stated that most of the uses in the subject area and surrounding area are housing. 48/61 Motion (Ambrosiani/Seese) Approve Resolution 2019-018 Recommending City Council Approval Of The Rezoning Of The West Half of Federal Addition Blocks 7, 14, and 17, except Lot 7A Block 17, From Single Family Residential (RI) and Two Family Residential (R2) To Office Residential (OR) Ambrosiani stated he would like to see a buffer zone between commercial businesses on Third. Ambrosiani said residential is appropriate for the rest of Second Avenue, but this area is different. Ambrosiani discussed surrounding land uses in the area. Ambrosiani stated that OR or UR would be a more appropriate zone. Ambrosiani stated this would not necessarily remove housing. Seese stated that he agreed with Ambrosiani. Seese said the only way these places will change from residences is if the people living there make the change, and these people should have more flexibility. Motion (Hatfield/Swann) Amend the title Resolution 2019-018 to strike the words Office Residential and replace with Two Family Residential Hatfield stated that she believed everyone agrees that the subject area is no longer an R1 area, but that the debate was over which zone it should be. Hatfield stated that R2 is the more appropriate zoning designation because it is supported by the Comp Plan, and represents a more incremental change. Hatfield stated that the OR zone allows some commercial uses that would be incompatible with the neighborhood. Swann stated that institutional uses are commonly found in residential neighborhoods, such as schools. Ambrosiani stated that residents in this area needed more flexibility than R2. Fleming concurred, and stated that property owners in this area should be able to do what they want. Motion Failed AYES: Charbonneau,Hatfield, Swann NOES: Ambrosiani, Seese, Fleming Motion (Hatfield/Swann) Amend the title Resolution 2019-018 to strike the words Office Residential and replace with Urban Residential Hatfield stated that the Urban Residential Zoning designation would represent a compromise. Hatfield stated that the UR zone allows art galleries, vacation rentals, and light office uses that property owners are seeking. Wilde, in response to Fleming, read the definition of the Urban Residential zoning district. 49/61 Motion passed AYES: Charbonneau, Hatfield, Swann, Fleming NOES: Ambrosiani, Seese Main motion passed as amended AYES: Swann, Charbonneau, Hatfield, Fleming NOES: Ambrosiani, Seese Chair Ecklund returned to the dais UNFINISHED BUSINESS—None NEW BUSINESS Resolution 2019-019 Recommending That The Seward City Council Officially Proclaim The Name "Benny Benson Park" To The City Park Located At 1121 Third Avenue; the Area West of Third Avenue,Bounded By Dairy Hill Lane And Chamberlin Road, Comprising The Seward Lagoon,Rotary Pavilion,And Benny Benson Memorial, Commonly Known As Benny Benson—Lagoon Park Wilde stated that the resolution was brought forward by past requests that the Community Development Department and Parks Department codify park names. Motion (Swann/Charbonneau) Approve Resolution 2019-019 Recommending That The Seward City Council Officially Proclaim The Name "Benny Benson Park" To The City Park Located At 1121 Third Avenue; the Area West of Third Avenue, Bounded By Dairy Hill Lane And Chamberlin Road, Comprising The Seward Lagoon, Rotary Pavilion, And Benny Benson Memorial, Commonly Known As Benny Benson — Lagoon Park Motion passed AYES: Hatfield, Swann, Charbonneau, Fleming,Ambrosiani, Seese,Ecklund NOES: none 50/61 Resolution 2019-020 Granting a Six Month Extension To Conditional Use Permit No. 2019- 07, Issued To Brad Snowden For The Operation Of A Mixed Use Four Unit Multi-Family Dwelling At 430 Fourth Avenue Located In The Office Residential (Or) Zoning District Wilde stated that the applicant is still working on meeting the conditions of the permit, and has requested an extension to the time allotted by the original conditional use permit. Motion (Swann/Hatfield) Approve Resolution 2019-020 Granting a Six Month Extension To Conditional Use Permit No. 2019-07, Issued To Brad Snowden For The Operation Of A Mixed Use Four Unit Multi-Family Dwelling At 430 Fourth Avenue Located In The Office Residential (Or) Zoning District Seese stated that the applicant has done nothing in the last six months. Ecklund asked how many extensions an applicant could get, to which Wilde replied that an applicant could get as many extensions as the Commission was willing to approve. Ecklund asked if the applicant could operate in the meantime. Wilde stated that the applicant must comply with all listed conditions before operations commence. Seese made statements critical of the outside appearance of the building. Motion passed AYES: Swann, Hatfield, Fleming, Ecklund NOES: Seese, Charbonneau, Ambrosiani Commission Comments: Fleming-No comment Hatfield-Thanked the public for attending, and thanked staff Charbonneau- Thanked staff for their work Seese- Stated that the large packet for this meeting was indicative of a lot of work going on by staff and the community Swann-No comment Ambrosiani- Thanked the public for their participation Ecklund-pointed out an area on the Future Land Use Map that is adjacent to the subject area of the land use amendment application. Ecklund stated that this area, presently zoned Auto Commercial, is shown as Office Residential on the Future Land Use Map, making it potentially contiguous to the subject area of the rezoning application. Citizens' Comments: Rissie Casagranda, inside city, stated that the Comprehensive Planning process absolutely sucked. Casagranda stated that there were supposed to be twenty five meetings but nobody heard about the first twenty. Casagranda stated that the firm that was hired was absolutely terrible. Casagranda hoped that the next comprehensive planning process would have more public participation. 51/61 Reed Lane, inside city, stated that he appreciates all the discussion on his property and the careful consideration by the Commission. Lane stated that he was told to apply for the variance and then the City hired an attorney to fight it, and he is glad he will not have to come before the Commission again. Kelley Lane, inside city, stated that it is her goal to bring her property into compliance. Lane is grateful that the Commission approved her variance. Lane stated that this process has been agonizing. Lane stated that she has been told conflicting things throughout this process, and that she was served papers by the Community Development Department while at her job. Lane thanked the Commission for helping her move forward with her project. Commissions and Administration Response to Citizens' Comments- none Hatfield and Ecklund discussed the future land use map with regard to specific uses that are presently taking place that may preclude rezoning ADJOURNMENT (Fleming) The meeting was adjourned at 10:10 PM Jackie C. Wilde Cindy L. Ecklund Planner Chair (City Seal) 52/61 Please be advised of `+ WINTER SEASON STREET CLOSURE East Side West Side ffARKING AlongFourth and Fifth WEDNESDAYS From Adams to Railway 2:00 AM & 11 TO 8:00 AM TO 8:00 AM Will also include DOT " BAR 15J OCT 15 Mid maintained Third Avenue Please remove snow from the sidewalk adjacent to your home or business within 24 hours. My neighbor and I take turns clearing I shoveled the sidewalk others'sidewalk ch You can do it, put I st the in front of m ayed in neighbor's housederly I'm so ashy Shed. your back into it! med... 1 r' c" r How do you get the job done? n M 4l SMAIN Risk Reduction II Strategic Alliance for News from .4 December 2019 Volume 9,Issue 12 Inside this Issue Shoreline Armoring Alternatives F Oregon Landslide ' Use Figure 1:Multi-Agency Review Team members observe a bulkhead removal project on GuideWhidbey Island,WA. Shoreline Armoring approve soft shoreline armoring ••• Alternatives techniques instead of the hard armoring methods (ex. bulkheads FEMA Joins Effort to Streamline and rip-rap) that have been standard •plains by Design Federal Permits for decades. Soft stabilization If you live in or visit Washington's incorporates natural elements Puget Sound,on your next ferry ride, including large woody debris, gravel Oregon Risk MAP Website take a look at the properties along the placement, or beach nourishment, in shoreline. Are the homes and parks a design that mimics a natural behind gray, concrete bulkheads, or shoreline and protects from erosion. Online Training Calendar are they separated from the shoreline The ferry dock at Fauntleroy and the by beach wrack, sand, and maybe a Lincoln Park area in West Seattle are few rocks? Does the tide hit a wall two great examples of how a when it's coming in, or is it allowed community can be improved with to ride the angle of the beach and beach access while still maintaining dissipate to a gentle wave before waterfront protection. retreating back into the Sound? These are questions that are considered in detail by a team of experts from multiple state and federal agencies working in the Puget Sound on shoreline armoring issues. Why? Simply stated, when shorelines are allowed to function Strategicnaturally, they retain habitat value FEMA Region 10 Service Center and often provide for natural erosion control that,together,make the Puget Figure 2:Soft armoring has renewed local Lynnwood,Washington 98036 Sound a healthier environment for interest in visiting Sunlight Shores salmon, their prey, and other marine Community Beach-Whidbey Island,WA. life. The team's goal: make it easier Continued on next page for the federal permitting process to DECEMBER 2019 54/61 NEWS FROM REGION 10 Page 2 Shoreline Armoring Alt's -cont'd Lidar technology has revolutionized These examples provide general mapping. During the last decade, guidance, allowing communities to FEMA Region 10 s Mitigation DOGAMI has been using lidar to tailor land use codes, plans, and Division is involved with the newly produce detailed landslide policies to their individual formed Multi-Agency Review Team inventories, shallow landslide circumstances. (MART) as advisors on how susceptibility maps, and deep shoreline armoring, armoring landslide susceptibility maps for The Land Use Guide and the removal, and similar projects accompanying quick reference coincide with local communities' communities in Oregon. With this handout are located on both DLCD's responsibilities as National Flood new lidar-based information, and DOGAMI's websites. The communities should revise local November 7 2019 webinar about the Insurance Program participants. codes, plans, and policies to most Guide is also available on G Floodplain management regulations effectively use the new lidar-based these Land Use Useweb es. often play a role in the local information. permitting for these activities, in This project was funded by the addition to sometimes requiring Preparing for a local catastrophic FEMA FY 2016 Cooperating natural hazard eventt requires a coordination with the US Army comprehensive community effort. Technical Partners (CTP) Grant No. Corps of Engineers or the National The goal of the Land Use Guide is to EMS-2016-CA-00017. For more Marine Fisheries Service (NMFS). address the information gaps faced information, contact Tricia Sears, For more information about MART by communities with new lidar- Natural Hazards Planner, at efforts, reach out to Erin Cooper based landslide inventory and maps. tricia.sears(a�,state.or.us. (erin.cooper(a��fema.dhs.gov) orBryr Questions such as: What is the best Harris (bryr.harris(a�fema.dhs.gov) method to implement this new Newsletter Ideas? with Region 10's Floodplain information? What changes should Management and Insurance Branch. we make to our codes, plans, and Want to spread the • • about policies? What resources can we an upcoming event - - successnt New Land Use Guide provide homeowners and others as Let us know what_ about Landslides we improve safety in our Articlesyou wa nt to Available in Oregon community? and may include pictures. Email RXNewsletter@starr- The Oregon Department of Land tea Conservation and Development (DLCD)and the Oregon Department of Geology and Mineral Industries (DOGAMI) released the document Implications for "Preparing for Landslide Hazards: A Floodplain Land Use Guide for Oregon Communities"and its accompanying Management and quick reference on October 9,2019. Comprehensive Plans In response to community conversations throughout Oregon, PREPARING FOR FEMA and WA Commerce seeking DLCD and DOGAMI jointly LANDSLIDE HAZARDS Input from Land Use Planners pursued and obtained grant funding A LAND USE GUIDE The Washington State Department of from FEMA to create this Land Use FOR OREGON COMMUNITIES Commerce and FEMA are partnering Guide, which addresses frequently O ober2019 on a project that will look to offer asked questions about increasing recommendations on integrating local resilience to landslide hazards natural hazard information into through land use strategies. Many of The Land Use Guide provides Comprehensive Plans and other land these questions come from examples of comprehensive plan use tools in Washington. Feedback communities with new DOGAMI language and development code from the planning community will lidar-based landslide inventory and provisions that can help communities help shape next steps in this project. maps. reduce risk to landslide hazards. Continued on next page DECEMBER 2019 55/61 NEWS FROM REGION 10 Page 3 FPMImplications &Plans -cont'd more fully include natural hazard Oregon Risk MAP information and risk reduction The intention of this effort is to strategies into long-range Website Change provide information for reducing community planning efforts. long-term risk to residents, FEMA Region 10 will now be businesses,natural resources,critical If you have any questions, are managing the Oregon Risk MAP infrastructure, cultural and historic interested in attending the December program.As a result,the Department sites, and other locally-identified 12th workshop, or would like of Land Conservation and priorities,through land use planning; additional information, please Development Risk MAP website where there is voluntary interest and contact Leanne Rone, has been discontinued. political and economic feasibility. leanne.roneCa�mbakerintl.com. For future reference and information FEMA and the Department of regarding the FEMA Risk MAP Commerce have already held three program and status information workshops for planners in Fsk the Help Desk regarding individual Oregon projects Washington that are involved in please refer to the following two g The Region 10 Service Center is websites: developing or maintaining here to help local community Comprehensive Plans. The first in- officials and stakeholders with FEMA Risk MAP person workshop was held on technical,training, mitigation, and October 30th at the Eastern mapping questions. STARR II Washington Planners' Fall Forum; STARR II's website links to an followed by two virtual workshops, Email RegionXHelpDesk@starr- team.com. Oregon-specific page, which can hosted on November 7th and 19th. then link through to individual If you are a planner in Washington projects for status updates. If your involved in long-range planning and community does not have an would like to participate,there is still Floodplains by Design ongoing Risk MAP project then you time! The final in-person Pre-application period open now may not want to link to this page. workshop will be held on The Washington Department of If your community's website had December 12th in Tacoma, WA. Ecology will accept pre-applications links to the DLCD Risk MAP There will be space to share and website,please take note and remove brainstorm ideas for inte grating for new Floodplains by Design g g (FbD) grants through Jan 31, 2020 that link to avoid having a broken . . natural hazard data and mitigation link on your website. actions into existing Comprehensive The grants will be awarded for the Plan goals,policies,and objectives in 2021-23 Biennium,which starts July For more information, please order to increase overall community 11 2021. Pre-applications are used by contact Celinda Adair, resilience. Ecology to screen projects and help celinda.adair(a state.or.us. determine their suitability in The feedback gathered at the four matching the intent of the FbD STARR workshops will be used to identify program. Pre-application forms are Wr the next steps in tailoring a tool kit available electronically. for planners, floodplain managers, For more information, contact Lynn and emergency managers on how to Schmidt, lyns461(a�,ecy.wa. ov. DECEMBER 2019 56/61 NEWS FROM REGION 10 Page 4 Online Training STARR: NFIP Basics STARR: Inspecting Floodplain (All times Pacific) January 9, 10 am Development CRS: Natural Floodplain Online - 1 CEC February 27, 10:30 am Functions STARR:Tools for Determining Online - 1 CEC December 17, 10 am Base Flood Elevation Online - 1 CEC January 23, 10 am To register for online courses, visit CRS: Preparing for an Annual Online - 1 CEC STARR's trainingsite: Recertification STARR: Elevation Certificates i.mp/starronlinetraining, or email December 18, 10 am February 13, 10 am RXTraining@starr-team.com. Online - 1 CEC Online - 2 CECs STARR: Elevation Certificates STARR: Floodplain Development December 19, 10 am Permit Review Online - 2 CECs February 27, 9 am Online - 1 CEC DECEMBER 2019 57/61 (nMO ~ � r � ~ � NN cn � r � N rrNM (n L CO CIO O L CIO O I� L r 00 Ln LL N O r N CIO LL M r N N LL r r N O L r N Or N Q� O I` r r CO 0 � Q� O cB 00~ N N r N N O co N OCO Y O =5 M M O I� Z CIOO 'ITQ r Cor N N U U Q � r N N � r r N � L O OF) O co O O r U N � Ln r N r M ~ N m 0 cu O O r 00 Ln r00rNN co MrNN Q= cu N N r r N (n N 0 (n � rcu � N cnrOOrNN cn � r � N �_U O cu M � �V .ON �' � O L O Il- 'ITr L r 00 L r 00 Ln N N LL COr r N CO LL ~ r N (14 LL r r N (n A� N c co W N O) co co O co coO I� O I— N (� to N N M r r N C cu C cn O Ln N O� N N m co E O co co CDd Q N O U 00rNN � rrN � � NOrNCM �O O cB U N H N Q r 00 N r 00 Ln N O� C cn icn r N N 3 L O Q � .� co N M ti r �r-_J— U N r M — O � N � Nrnco = NmcoNO OrC) UU nco cu r r N (n CD 06 CD CID Lf� Co n r CO Ln cu N O� co co O cu CO co N N L r r N (n O L ■� LL coO T U_ r 00 r N O� U_ T O� CO c N N N N N cu � N O� CO co O r CO cu � r 00 m U — r N I CO r N N r r N U U CLL O r 00 Ln N O� O M M O Il- r O M O Il- ' U Q� r N N r N N r r N O O Q > cj r 00 N O M M O +� N r N N r r N cm, r N co U >+ O N Cfl N 7 LO N r r N N m co M O I� r ti N N co rrN co rrNCO co Q_ cv cu co cu 0= = +-' = (n r CO Ln o r 00 r N N cn ~ � r CO O� � t rrN (n rNN a (� .OU L O I` 'ITr L � r CO L co O I— N "_ "_ LL cor r N CO N N COr N N N N C N tR N >� NOF) � CIO NOCM OrNN � � r � N d n O (n cn O Ln N O� O N O� CO U N r CO M L (� d cu r 00 r N N L C L r— N N U. r 00 Ln C coN O 'ITr � r r N � r r co O O O I� O co O Cfl N COr N N r co co � r � N cn NON cnrOO LO rNN 020 December 2019 December2019 JanuaryTh SuMo TuWe Th Fr Sa SuMo TuWe We Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Dec 1 2 3 4 5 6 7 IIIF6:00pm CC Work 7:00pm P&Z Mtg 12:00pm PACAB Session (Council Mtg (Council Chambers) Chambers 8 9 10 11 12 13 14 7:00pm CC Mtg (Council Chambers 15 16 17 18 19 20 21 6:00pm P&Z 12:00pm PACAB 6:00pm HPC Work Session Work Session Work Session -CANCELLED Chambers (Council (Council Cham bers Chambers) 7:30pm HPC Meeting (Council Chambers)- 22 23 24 25 26 27 28 7:00pm CC Mtg- HALF DAY CITY CHRISTMAS CANCELLED HOLIDAY Cham bers 29 30 31 Jan 1, 20 2 3 4 Council Calendar 1 12/11/2019 10:43 AM 59/61 January 2020 February 2020 January 2020 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 1 5 6 7 8 91011 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Dec 29 30 31 Jan 1, 20 2 3 4 New Year's Day Holiday 5 6 7 8 [7:30pm 10 11 6:00pm CC Work 7:00pm P&Z Mtg 12:00pm PACAB pm HP Session (Council Mtg(Councilork Session (Council Chambers Chamber ouncil Cham bers ham bers HPC eeting ouncil ham bers 12 13 14 15 16 17 18 5:00pm CC Work 12:00pm PACAB Session Work Session (Council (Cham bers Chambers 7:00pm CC Mtg (Council Chambers 19 20 21 22 23 24 25 5:30pm CC Work 6:00pm P&Z WS Session Chambers (Council Chambers 26 27 28 29 30 31 Feb 1 7:00pm CC Mtg Cham bers Council Calendar 2 12/11/2019 10:43 AM 60/61 February 2020 February TuWe 2020 March 2020 SuMo uWe Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 6 7 2 3 4 5 6 7 8 8 9 10 11 12 13 14 9 10 11 12 13 14 15 15 16 17 18 19 20 21 16 17 18 19 20 21 22 22 23 24 25 26 27 28 23 24 25 26 27 28 29 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jan 26 27 28 29 30 31 Feb 1 2 3 4 5 6 7 8 7:00pm P&Z Mtg 12:00pm PACAB (Council Mt Cham bers 9 10 11 12 13 14 15 7:00pm CC Mtg 6:00pm HPC (Council Work Session Cham bers) (Council Cham bers 7:00pm HPC Meeting (Council Cham bers 16 17 18 19 20 21 22 President's Day 6:00pm P&Z WS 12:00pm PACAB HolidayChambers) Work Session Cham bers 23 24 25 26 27 28 29 7:00pm CC Mtg Cham bers Council Calendar 3 12/11/2019 10:43 AM 61/61