HomeMy WebLinkAboutOrd2020-001 Sponsored by: Planning&Zoning Commission
Introduction Date: January 13, 2020
Amended: January 13, 2020
Public Hearing Date: January 27,2020
Postponed: January 27, 2020
Public Hearing Date: February 24, 2020
Enactment Date: February 24, 2020
CITY OF SEWARD,ALASKA
ORDINANCE 2020-001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE LAND USE PLAN AND ZONING
DESIGNATION OF THE WEST HALF OF FEDERAL ADDITION
BLOCKS 7, 14, AND 17, EXCEPT LOT 7A BLOCK 17, FROM SINGLE
FAMILY RESIDENTIAL (R1) AND TWO FAMILY RESIDENTIAL (R2)
TO OFFICE RESIDENTIAL (OR)
WHEREAS, the property owners of Lots 7-12 Block 7, Lots 7-12 Block 14, and Lots
9A-12 Block 17, have submitted an application and filing fee, requesting their lot be rezoned
from Single Family Residential (R1) and Two-Family Residential (R2) to Office Residential
(OR); and
WHEREAS, the proposed area to be amended includes thirteen (13) parcels that are
developed with residential structures; and
WHEREAS, the current zoning of the parcels are Single Family Residential (R1) and
Two-Family Residential (R2), and the future Land Use Plan map designation recommends the
parcels be rezoned to Two-Family Residential (R2); 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 Office Residential (OR) district is intended to provide for medium
density residential, commercial and office development designed to act as a transition zone
between the high density central business district and surrounding medium-high density
residential districts; and
WHEREAS, the Planning & Zoning Commission has complied with public notice and
public hearing procedures for amending zoning district designations, as required by Title 15; and
WHEREAS, on August 6, 2019, the Planning & Zoning Commission reviewed the
application, held a public hearing, and failed to recommend City Council approval of the
proposed zoning amendment included in this ordinance; and
CITY OF SEWARD,ALASKA
ORDINANCE 2020-001
WHEREAS, the Board of Adjustment conducted an appeal hearing on November 12,
2019 and directed the Commission to reconsider Resolution 2019-013; and
WHEREAS, on December 3, 2019, the Planning & Zoning Commission reviewed the
application, held a public hearing, amended Resolution 2019-018 to recommend City Council
amend the zoning designation of the subject properties to Urban Residential (UR), and then
approved the amended resolution; and
WHEREAS,the Urban Residential zoning district is intended to allow an area of higher
density mixed residential uses from detached single-family housing to multi-family apartments
in conjunction with compatible low impact professional office uses in the area surrounding the
downtown business district.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS 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 7-12 Block 7, Lots 7-12
Block 14, and Lots 9A-12 Block 17 (not including Lot 7A Block 17), Federal Addition from
Single Family Residential (RI) and Two-Family Residential (R2)to Office Residential (OR).
Section 2. The Seward City Council further amends the official Land Use Map of the
City by changing the land use designation of Lots 7-12 Block 7, Lots 7-12 Block 14, and Lots
9A-12 Block 17 (not including Lot 7A Block 17), Federal Addition from Two-Family
Residential (R2)to Office Residential(OR).
Section 3.This ordinance shall take effect ten(10)days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA
this 24th of February,2020. 4TH CITY OF SEWARD,ALA KA
L,
risty Terr , Mayor
AYES: Crites, McClure, Butts, Baclaan, Terry
NOES: Osenga
ABSENT: Seese
ABSTAIN: None
CITY OF SEWARD,ALASKA
ORDINANCE 2020-001
ATTEST:
Brenda J. Ballo MMC
City Clerk
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Council Agenda Statement
Meeting Date: February 24, 2020
Through: Scott Meszaros, City Manager
From: Jackie C. Wilde, Community Development Director
Agenda Item: Amending the Land Use Plan And Zoning Designation of The
West Half Of Federal Addition Blocks 7, 14, And 17, Except Lot
7A Block 17, From Single Family Residential (R1) and Two
Family Residential (R2) to Urban Residential (UR)
BACKGROUND &JUSTIFICATION
Attached for the Council's review and enactment is Ordinance 2020-001 amending the land use
plan and zoning designation of Lots 7-12 Block 7, 7-12 Block 14, and 9A-12 Block 17 Federal
Addition, located on the east side of Second Avenue from A Street nearly to D Street, from
Single Family Residential (R1) and Two Family Residential (R2) to Urban Residential (UR).
On August 6, 2019 the Planning and Zoning Commission held a public hearing on Resolution
2019-013, recommending City Council amend the zoning designation of the above named
properties. The Commission failed to support the recommendation, and the applicant appealed
the decision of the Commission. On November 12, 2019 the Board of Adjustment heard the
appeal and directed the Planning and Zoning Commission to reconsider the resolution. At their
December 3, 2019 meeting, the Planning and Zoning Commission held a public hearing and
amended Resolution 2019-018 to recommend the subject properties be rezoned to Urban
Residential (UR).
The application was submitted by property owner Cindy Ecklund, and includes the signatures of
over 50% of the property owners in the area to be amended. The applicant has stated that
rezoning to Office Residential (OR) is representational of current and planned neighborhood
activities.
ZONING HISTORY
The zoning history of Second Avenue from A Street to D Street is as follows: The zoning
designation of the portion of Second Avenue between A Street and D Street was indicated as
Single Family Residential (R1) on the official zoning map adopted in 1978 by the Kenai
Peninsula Borough, which held the zoning authority at that time. The 1985 Comprehensive
Plan's Land Use Plan Map delineated the area between A Street and D Street along Second
Avenue as Two-Family Residential (R2). In January 1992, by Ordinance 665, City Council
amended the Land Use Plan of all R1, R2, and R3 zoning within the OTS, Federal, Laubner &
Cliff addition south of Mill Street, changing the zoning designation to Urban Residential (UR).
Future Land Use Plans approved in 2005 and 2017 delineated this area as Two-Family
Residential (R2).
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In 2006, Lot 7A, located on the corner of Second Avenue and D Street was rezoned Auto
Commercial for the purpose of developing an employee bunkhouse. This parcel is not included
in Resolution 2019-013 for that reason. In 2016, two land use amendment applications came
before the Planning and Zoning Commission involving properties within this portion of Second
Avenue. A rezone to Two-Family Residential (R2) for one 0.22 acre parcel passed and was
enacted by Council. The second application to amend the zoning designation of four parcels on
the west half of Block 17 to Auto Commercial (AC) failed to pass Planning and Zoning.
INTENT
Amend the Zoning designation of Lots 7-12 Block 7, 7-12 Block 14, and 9A-12 Block 17
Federal Addition from Single Family Residential (R1) and Two Family Residential (R2) to
Urban Residential (UR).
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,Bullet 2)
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.
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PUBLIC NOTICE
Property owners within three hundred (300) feet of the affected area were notified of this
proposed land use amendment. Public notice signs were posted on each block in the area to be
amended and all other public hearing requirements of Seward City Code §15.01.040 were
complied with.
FISCAL NOTE
The City of Seward will have no costs associated with this amendment to the Land Use Plan and
change of zoning designation.
Approved by Finance Department
ATTORNEY REVIEW Yes X No N/A
RECOMMENDATION
The Seward Planning and Zoning Commission and Staff Recommend:
January 13, 2020 the Council introduces Ordinance 2020-001, amending the Land Use Plan and
Rezoning portions of Lots 7-12 Block 7, 7-12 Block 14, and 9A-12 Block 17 Federal Addition
from Single Family Residential (R1) and Two Family Residential (R2) to Urban Residential
(UR).
January 27, 2020 the Council conducts a public hearing and enacts Ordinance 2020-001.
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