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Home My WebLink About04062021 Planning & Zoning Packet i Planning and Zoning Commission Regular Board Meeting i uv I v Photo by Jackie!Wilde April 6, 2021 7:00 P.M. City Hall Council Chambers, 410 Adams Street Page 1 of 94 PUBLIC NOTICE PROCESS FOR CITIZEN COMMENT& PUBLIC PARTICIPATION AT THE April 6, 2021 SEWARD PLANNING AND ZONINIG COMMISSION MEETING The Seward Planning and Zoning Commission will hold a Regular Meeting on Tuesday, April 6, 2021. Due to Coronavirus Disease 2019 (COVID- 19), alternate methods for providing Public Participation have been created: How to Attend the Meeting in person: Due to the size of the Council Chambers no more than 10 members of the community can be in the room at one time with the commission. If there are more people interested in attending in person groups of 5 will be rotated in from distanced waiting stations in the hall. Participants will be asked to wear a face covering during the meeting. Citizen's temperatures will be taken and contact information recorded for contact tracing. How To Virtually Attend The Meeting 1.The meeting will be Live Streamed on the City' s YouTube page. Log onto YouTube and type City of Seward Alaska" into the search bar. How To Submit Your CITIZEN COMMENTS 1. Email your written Citizen Comments to planning@cityofseward.net no later than 5: 00 p.m. on Monday, April 5, 2021. Identify whether you want your comments READ ALOUD at the meeting or EMAILED to the commission upon receipt. Comments requested to be read aloud will be delivered verbally to council by the planner during Citizen's Comments. In response to your email, you should expect to receive a verification email from the Community Development Director—if you do not receive this email, please call 224-4048. 2. If you wish to be available by telephone a conference call number has been established for this meeting. Please contact planning@cityofseward.net no later than 5: 00 p.m. on Monday, April 5, 2021 for instructions to use this conference call line. All Citizen Comments will be timed and limited to three minutes.The citizen will be called upon in order of receipt of request, ONE time; if there is no answer, the Director will move on to the next citizen. Thank You For Your Cooperation! Page 2 of 94 Seward Planning & Zoning Commission Regular Meeting April 6, 2021 7:00 p.m. City Council Chambers, 410 Adams Street Cindy Ecklund Chair Term Expires 02123 1. Call to Order Tom Swann 2. Pledge of Allegiance Vice-Chair Term Expires 02122 3. Roll Call Gary Seese Commissioner 4. Citizens' Comments on any subject except those items Term Expires 02122 scheduled for public hearing. [Those who have signed in Craig Ambrosiani will be given the first opportunity to speak. Time is limited to Commissioner 3 minutes per speaker and 36 minutes total time for this Term Expires 02122 agenda item] Nathaniel Charbonneau 5. Approval of Agenda and Consent Agenda. [Approval of Commissioner Term Expires 02124 Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately Vanessa Verhey unless a Commissioner so requests. In the event of such a Commissioner request, the item is returned to the Regular Agenda.] Term Expires 02123 Care Sullivan 6. Special Reports & Presentations Commissioner Term Expires 02124 A. City Administration Report B. Other Reports, Announcements & Presentations Norm Regis Acting City Manager Jackie C. Wilde Community Development Director Planning and Zoning Commission Meeting Agenda April 6, 2021 Page 3 of 94 7. Special Items A.Election of Chair and Vice-Chair..........................................................Page 6 8. Public Hearings[Limit comments to 5 minutes. Those who have signed in will be given the first opportunity to speak] A. Unfinished Business Items requiring a Public Hearing -None B. New Business Items requiring a Public Hearing 1. Resolution 2021-008 of the Planning And Zoning Commission Of The City Of Seward, Alaska, Granting a Conditional Use Permit To Seaview Community Services to Operate Recovery Housing, Substance Abuse Treatment Center, And Medication Assisted Treatment(Mat) Clinic Within A Four(4)Unit Multi Family Dwelling On Lot 21a Block 25, Original Townsite Of Seward Located At 402 Second Avenue; Within The Auto Commercial (Ac) Zoning District .............................................................................................Page 7 2. Resolution 2021-009 of the Seward Planning and Zoning Commission, Granting A Variance from Seward City Code 15.20 Signs to Providence Seward Medical Center, Permitting An Exception To The Zoning Code To Allow For Two Additional Signs To Be Permitted On The Premises Located At 417 First Avenue, Within The Institutional (Ins) Zoning District......................................................................................... Page 53 9. Unfinished Business 10. New Business 1. Resolution 2020-010 of the Planning And Zoning Commission of the City of Seward, Alaska, Recommending City Council Approve The Renaming of Dairy Hill Lane to Chamberlin Road Located North and West of the Seward Lagoon, in the Cliff Addition to Seward Townsite... ... ... ... ... ... ... ... ... ... ... ... ........................ ... ... .... Page 75 2. Resolution 2021-007 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Approve the Walkable Mural Application Guidelines and Administrative Policy........................ PAGE 85 3. Set Work Session Topic for May 18, 2021 Planning and Zoning Commission Meeting Agenda April6, 2021 Page 4 of 94 11. Informational Items and Reports (No action required)- A. 2021 Planning & Zoning Meeting Schedule.............................................. Page 92 S. City Calendars ......................................................................................... Page 93 12 Commission Comments 13. Citizens' Comments[Limit to S minutes per individual Each individual has one opportunity to speak] 14. Commissions and Administration Response to Citizens' Comments 15. Adjournment Planning and Zoning Commission Meeting Agenda April6, 2021 Page 5 of 94 P&Z Agenda Statement Meeting Date: April 6, 2021 To: Planning and Zoning Commission Through: Jackie C.Wilde-Community Development Director Agenda Item: Election of Chair& Vice-Chair BACKGROUND & JUSTIFICATION: Each year the Planning and Zoning Commission must elect a Chair and Vice-Chair for the coming year. The duties of the Chair are to: 1. Open the meeting on time and call the meeting to order; 2. Announce in proper sequence the business on the agenda; 3. Recognize members who are entitled to the floor; 4. State and put to a vote all legitimate motions that arise during the meeting: 5. Do not permit debate until there is a motion on the floor; 6. Protect the Commission from frivolous or delaying motions by refusing to recognize them; 7. Enforce the rules regarding debate and keep order; 8. Expedite business in a way compatible with the rights of the members; 9. Decide all questions of order; 10. Respond to all inquiries of members; 11. Ensure that citizens address all remarks to the Commission; and 12. Declare the meeting adjourned. The Vice-Chair assumes the duties of the Chair when necessary. The process for election of the Chair and Vice-chair is as follows: The current Chair should open nominations. Anyone can nominate another commissioner as chair. • If only one nomination is received, a motion should be made to close nominations and cast a unanimous ballot for the chosen person. That motion will need a second and can be approved by unanimous consent. (No role call vote is necessary). • If more than one nomination is received,the clerk will prepare ballots for each Commissioner to vote for one nominee and sign his ballot. The clerk will then collect the ballots,read the votes aloud, and announce the prevailing nominee. A motion is then in order for someone to elect the nominee as chair. A second is needed and the motion can be approved by unanimous consent of the commission. The above procedures should also be used to elect a vice chair. Page 6 of 94 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-008 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO SEAVIEW COMMUNITY SERVICES TO OPERATE RECOVERY HOUSING, SUBSTANCE ABUSE TREATMENT CENTER, AND MEDICATION ASSISTED TREATMENT (MAT) CLINIC WITHIN A FOUR (4) UNIT MULTI FAMILY DWELLING ON LOT 21A BLOCK 25, ORIGINAL TOWNSITE OF SEWARD LOCATED AT 402 SECOND AVENUE; WITHIN THE AUTO COMMERCIAL ZONING DISTRICT WHEREAS, Seaview Community Services has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to operate a recovery housing, substance abuse treatment center, and MAT clinic within a four-unit multi- family dwelling at 402 Second Avenue, Lot 21A Block 25, Original Townsite Modern Motors Subdivision; and WHEREAS, the property is in the Auto Commercial (AC) Zoning District; and WHEREAS, Seaview Community Services recovery housing program provides short-term housing assistance and treatment for individuals with substance use disorders and co-occurring conditions; and WHEREAS, Seaview Community Services will implement the recovery housing expansion first, followed by the addition of residential treatment and Medication Assisted Treatment(MAT) Clinic; and WHEREAS, Seaview Community Services has received widespread support from an array of local, Kenai Peninsula and State stakeholders; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.226, a dwelling, multi-family (3 or more units) is allowed in the Auto Commercial Zoning District as a conditionally permitted use; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.226, a medical clinic and Office, business or professional is allowed outright in the Auto Commercial Zoning District. Page 7 of 94 Seward Planning and Zoning Commission Resolution No. 2021-008 Page 2 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. The property is zoned Auto Commercial (AC). The Auto Commercial District is intended to provide areas to accommodate highway-oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. A multi-family dwelling is allowed in the Auto Commercial (AC) District by conditional use permit from the Planning and Zoning Commission. B. The value of adjoining property will not he significantly impaired Finding: This condition has been met. The neighboring property to the north is a single family home zoned R1 residential. To the west, across Second Avenue is a single-family home zoned Urban Residential (UR). To the east, across the alley is a single family home zoned Office Residential (OR). To the south, across Jefferson Street is a single family home zoned R1 residential. There is no indication that the development will negatively impact the value of 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) Seward 2030 Comprehensive Plan (approved by Council, May 30, 2014 2.2 Community Values, page 16, Vol 1 2.2.6 Healthcare Support educational preventative and rehabilitation services, retain Seward as the hub for social services on the Eastern Kenai Peninsula and continue to support Independent Living Center, Seaview Community Services and Seward Senior Center and other similar organizations. 3.2 Land Use, pages 21 & 22, Vol I 3.2.1 Promote residential and commercial development within the City of Seward and Its vicinity in accordance with community values 3.2.1.2 Support mixed commercial and residential uses in the Seward downtown business district Support apartments and high-density residential development, including seasonal worker housing Page 8 of 94 Seward Planning and Zoning Commission Resolution No. 2021-008 Page 3 3.3 Housing, pages 22 & 26, Vol I 3.3.1 Encourage development of new housing in Seward 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups 3.7.1.5 Support expansion and modernization of healthcare facilities 3.7.1.8 Support and develop opportunities for individual and community health improvement. Strategic Plan (1999) The Strategic Plan promotes residential and commercial development inside the City (Page 9). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. Adequate water, sewer, and power are available to the property as well as adequate fire, police and solid waste disposal services. City Code requires that every business within the City must provide containers suitable for refuse collection (SCC 14.05). E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. The applicant has stated that the proposed project will enhance public health, safety and welfare in the Seward community by providing much needed housing and treatment for adults to achieve long-term recovery from addiction. Access to substance use and mental health treatment were identified as the top two health concerns of Seward residents in the most recent Providence Seward Community Health Needs Assessment. Seaview is taking significant steps to expand the continuum of care needed to address these issues and this project will provide treatment and support for individuals and families in the Seward area who need access to treatment. 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. Page 9 of 94 Seward Planning and Zoning Commission Resolution No. 2021-008 Page 4 Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications. a. Prior to occupancy the following shall be completed per International Fire Code (IFC) and International Building Code (IBC): b. Install required monitored residential sprinkler system that meets IFC and NFPA 13R Required Fire Alarm system that meets NFPA 72 and IFC c. Install a Knox box d. Any locking devices including Electric locks will meet egress requirements per IFC Fire and Life Safety Inspection once all requirements are met e. Code Study: all Building and Fire Codes concerning a mixed- use occupancy in regards to Life Safety and Accessibility shall be met and a Stamped State of Alaska Architect Letter stating code compliance met. f Protective bollards installed to protect fuel tanks in parking area. g. The applicant will work with city staff prior to any remodel, construction, or other changes of use 2. The applicant shall work with all City Utility Departments for any possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 3. All parking and maneuverability shall remain on site for the life of the use. Eight(8) off-street parking spaces are required. 4. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. 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. 6. 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. Page 10 of 94 Seward Planning and Zoning Commission Resolution No. 2021-008 Page 5 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, Subsections A through F are met by the applicant, and authorizes the administration to issue a conditional use permit to operate recovery housing, substance abuse treatment center, and mat clinic within a four (4) unit multi family dwelling for a four unit multifamily dwelling to Seaview Community Services at 402 Second Avenue, Lot 21A Block 25, Original Townsite Modern Motors Subdivision 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. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6m day of April, 2021. THE CITY OF SEWARD Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: N/A ATTEST: Brenda Ballou, MMC (City Seal) City Clerk Page 11 of 94 P&Z Agenda Statement ' Meeting Date: April 6, 2021 Through: Jackie C. Wilde, Community Development Director Agenda Item: Operate Recovery Housing, Substance Abuse Treatment Center, and Medication Assisted Treatment (Mat) Clinic Within A Four (4) Unit Multi Family Dwelling on Lot 21a Block 25, Original Townsite Of Seward Located At 402 Second Avenue;Within the Auto Commercial Zoning District(AC) BACKGROUND &JUSTIFICATION: Seaview Community Services has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to operate a recovery housing, substance abuse treatment center, and MAT clinic within a four-unit multi-family dwelling at 402 Second Avenue,Lot 21A Block 25, Original Townsite Modern Motors Subdivision,in the Auto Commercial(AC)Zoning District. The structure presently located at 402 Second Avenue was constructed in 1950, and was used as an auto repair shop,known as Modern Motors. On June 4,2019 the Planning and Zoning Commission issued a Conditional Use Permit to Carroll and Robert O'Neil operation of a four (4) unit multi-family dwelling. The applicant Seaview Community Services recovery housing program provides short-term housing assistance and treatment for individuals with substance use disorders and co-occurring conditions. Seaview will implement the recovery housing expansion first, followed by the addition of residential treatment and Medication Assisted Treatment(MAT) Clinic Seaview Community Services has received widespread support from an array of local, Kenai Peninsula and State stakeholders including: City of Seward (Resolutions 2018-095 Section lA- 11, 2019-111 Section 1A-13, and City Manager's Legislative public testimony), Providence Seward Medical and Care Center(2019 startup funding),State of Alaska Department of Health and Human Services (partial operational support),Alaska Mental Health Trust(expansion funding), and Representative Ivy Spohnholz (sponsored 2020 CAPSIS for property acquisition - deferred due to onset of COVID) Letters of support from: Seward Police Department, Seward Prevention Coalition, Seward Community Health Center, and Alaska Vocational Technical Center Application states the use of the building as follows. Substance Use Residential Treatment: The proposed use includes substance use residential treatment. Adults in early recovery receive safe, substance-free housing and onsite treatment for 30 days prior to transitioning to the recovery housing program and outpatient treatment at Seaview's outpatient clinic. Treatment includes onsite psychiatric, clinical, nursing, peer support and MAT with staff onsite 24/7. Page 12 of 94 Seward Planning and Zoning Commission Agenda Statement Resolution 2021-008 Page 2 Recovery Housing: The proposed use includes recovery housing, which is safe, substance-free housing for adults in early substance use recovery. Adults living in recovery housing access several hours of outpatient treatment at the Seaview plaza daily (weekdays). Peer-support staff are on site whenever residents are present, including overnight. Resident stay is approximately 4- 5 months before transitioning to independent or sober living housing. MAT Clinic: This clinic will provide outpatient medication assisted treatment(MAT)for adults to support recovery from substance use. SURROUNDING LAND USE AND ZONING: The Auto Commercial (AC) District is intended to provide areas to accommodate highway- oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity,traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. The surrounding properties include residential uses in a mix of zoning districts. The neighboring property to the north is a single family home zoned R-1 residential. To the west, across Second Avenue is a single-family home zoned Urban Residential (UR). To the east, across the alley is a single family home zoned Office Residential (OR). To the south, across Jefferson Street is a single family home zoned R1 residential. Development Requirements: The four-unit multi-family dwelling meets some Zoning Code Development Requirements (Table 15.10.220)including lot coverage,minimum buildable lot size,and building height. The structure on the property is located within the 10-foot front yard setback, and the 10-foot setback adjacent to Jefferson Street. The building was constructed in 1950, and is therefore a nonconforming structure. Floodplain status:According to the FEMA Flood Insurance Rate Map,is not located within a flood hazard area. Utilities: Water, sewer, and power are available to the property. Adequate fire,police and solid waste disposal services are available to the property. City code also requires that every building or building site within the City must provide containers suitable for refuse collection (SCC 14.05). All containers shall be watertight with an animal-proof lid. Parking: Based on SCC §15.10.215 (b), two parking spaces are required per dwelling unit, plus '/z space for every unit larger than two bedrooms or greater than 1,000 square feet in size. Based on a review of the application materials, the structure consists of two units less than 1000 square feet, with two bedrooms each. One unit is less than 1000 square feet with three bedrooms, and one unit is greater Page 13 of 94 Seward Planning and Zoning Commission Agenda Statement Resolution 2021-008 Page 3 than 1,000 square feet with two bedrooms. The number of required off street parking spaces for this development is eight(8), and eight(8)parking spaces are shown on the provided site plan. CONSISTENCY CHECKLIST: Yes No N/A Seward Comprehensive Plan (2030): 2.2 Community Values, page 16, Vol 1 2.2.6 Healthcare Support educational preventative and rehabilitation services Retain Seward as the hub for social services on the Eastern Kenai Peninsula Continue to support Independent Living Center, SeaView Community Services and Seward Senior Center and other similar organizations. 3.2 Land Use, pages 21 & 22, Vol I 3.2.1 Promote residential and commercial development within 1 the City of Seward and Its vicinity in accordance with community X values 3.2.1.2 Support mixed commercial and residential uses in the Seward downtown business district Support apartments and high- density residential development,including seasonal worker housing 3.3 Housing, pages 22 & 26, Vol I 3.3.1 Encourage development of new housing in Seward 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups 3.7.1.5 Support expansion and modernization of healthcare facilities 3.7.1.8 Support and develop opportunities for individual and community health improvement Strategic Plan (1999) : 2. The Strategic Plan promotes residential and commercial X development inside the City Limits (Page 9). Public Notice: Property owners within three hundred (300) feet of Lot 21A Block 25, Original Townsite Modern Motors Subdivision were notified of this proposed conditional use permit action. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were met. At the time of this publication staff has received no inquiries regarding the proposed Conditional Use Page 14 of 94 Seward Planning and Zoning Commission Agenda Statement Resolution 2021-008 Page 4 Permit. If any comments are received after this publication,they will be presented to the Commission as a laydown at the April 6, 2021 meeting. Staff Comment: Staff has reviewed the Conditional Use Permit application and no objections were reported. Department Comments No N/A Comment Electric Department X Fire Department& Prior to occupancy the following Building Department shall be completed per International Fire Code (IFC) and International Building Code (IBC): Install required monitored residential sprinkler system that meets IFC and NFPA 13R Required Fire Alarm system that meets NFPA 72 and IFC Install a Knoxbox Any locking devices including Electric locks will meet egress requirements per IFC Fire and Life Safety Inspection once all requirements are met Prior to the MAT Clinic opening: all Building and Fire Codes concerning a mixed-use occupancy shall be met and a Stamped Architect Letter stating code compliance met. The applicant will work with city staff prior to any remodel, construction, or other changes of use Harbor Department X Police Department X Public Works X Page 15 of 94 Seward Planning and Zoning Commission Agenda Statement Resolution 2021-008 Page 5 Recommended Conditions: 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications. a. Prior to occupancy the following shall be completed per International Fire Code (IFC) and International Building Code (IBC): b. Install required monitored residential sprinkler system that meets IFC and NFPA 13R Required Fire Alarm system that meets NFPA 72 and IFC c. Install a Knox box d. Any locking devices including Electric locks will meet egress requirements per IFC Fire and Life Safety Inspection once all requirements are met e. Code Study: all Building and Fire Codes concerning a mixed-use occupancy in regards to Life Safety and Accessibility shall be met and a Stamped State of Alaska Architect Letter stating code compliance met. f. Protective bollards installed to protect fuel tanks in parking area g. The applicant will work with city staff prior to any remodel,construction, or other changes of use 2. The applicant shall work with all City Utility Departments for any possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 3. All parking and maneuverability shall remain on site for the life of the use.Eight (8) off-street parking spaces are required. 4. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. 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. 6. 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 subj ect to a public hearing and a filing fee set by City Council Resolution. RECOMMENDATION: The Community Development Department staff recommends approval of Resolution 2021-008 granting a conditional use permit to operate a recovery housing, substance abuse treatment center, and MAT clinic within a four-unit multi-family dwelling at 402 Second Avenue,Lot 2 1 A Block 25, Original Townsite Modern Motors Subdivision,in the Auto Commercial Zoning District(AC)to Seaview Community Services Page 16 of 94 0 � I v I u w , 0 F F w, s [ d a.. V F Or 4 o . R JEFFERSON Aff m8 4 , I ro Y P&Z Resolution 2021-08 CUP Application 402 Second Av eaview Community Services �rawney: AB3/16/2021 Due to different data sources property lines and aerial 0 40 so tso Feet imagery do not overlay correctly. Map is to be used for # orientation and reference purposes only. Mapping Assistance by Alaska Map Company,LLC Page 17 of 94 DocuSign Envelope ID:OC4FB9FD-9E21-4A91-9AF5-25B2F6A1F492 V mom "K 10 00' + Uj 0.0 T Bt: tLnC Mau n O � ! O N 89'590 4" E I FS 99.89' li! Lt7 23 i 3` I y�Ol ON Z O ; 6 CgpA 1.6" 2 D w 0 f > z N u / 8 7' �b00 Ld 1 rj 6PUEL j tz N ze'� C W 0-1 41' 0 a \\ 40.00' \ z 99.94' N 90'00'00" W f3P,411UN4 AtjdA5 o f �gxlD-2we�i,•enee LJI CJ1Z.i.�!3a'= c41C pAuto O O r O �,j��8"3GwG a i G�✓:L O D JEFFERSON ST N 90'00'00" W 299.92' �`, CAP Mot P�Q,• ••••••.,qs,�+ AS—BUILT SURVEY 'ce fy that on Aug 6.1997 •'•y r 4 the ompraremenfs on Cots 77-24��. � q, H "9� �' �NF r�C A SSOC.IA TF_Seward Townsrte. Plot No 1 I.. ... „ „ „ PO BOX 2703 7ecord+'ng District, that the im— 0 •� -its are shown in the correct SEWARD, aLaSfiA 99ES4 brp to the monumented property ` Nicholto Cline •� 907-224-7324 d that no encroachments exist L5-7569 oted hCleon ++ ,p,• .• ` LCRAM BY. MC DATF 08/071 ••...••• 014,a SCALE t"-,]O PA Rr"jv 6 Page 18 of 94 CITY OF SEWARD RECEIPT'# 37309 410 ADAMS STREET 3/08/2021 • PO BOX 167 Received SEAVIEW COMMUNITY SERVICES SEWARD AK 99664 From ATTN HUMAN RESOURCES phone: (907) 224-4050 PO BOX 1045 (907) 224-5257 lookuR Name Payment Type Check# Amounts 20503 SEAVIEW COMMUNITY SERVICES Check 0048272 Due 300.00 Tendered 300.00 Change Due Description: CUP application Zoning Fees 300.00 Page 19 of 94 DocuSign Envelope ID.FFFAA22F-E840-4AAC-84CF-4C3E233E45B8 CITY OF SEWARD Community Development I'.O.liu� 167 907.22 1.10 19 907.22-1,10;-8 lax 110 Adams Surd t Scicard,Alaska 99604 CONDITIONAL USE PERMIT APPLICATION 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: SeaView Community Services _ Address: 302 Railway Ave. Seward,AK 99664 Telephone Number: 907-224-5257 Email: csheehan@seaviewseward.org Property Owner(if other than applicant): Robert and Carroll O'Neal Address: 402 2r,d Ave, Seward,AK 99664 Telephone Number: 907-232-4551 Email: alaskanwish@hotm ail.cam Property Description Address: 402 20d Ave Seward AK 99664 Lot Size: 12,000 sq. ft. Lot: 21 A Block: 25 Subdivision: Modem Motors Kenai Peninsula Borough Tax Parcel ID Number: 14807023 Development Information What structures are on the property? Main building with four apartment units & shed How Is the property being used? Bed and Breakfast What Is the proposed use of the property? Recovery Housing, Substance Use Residential Treatment and MAT Clinic. Recovery Housing Expansion will occur first, followed by the addition of residential treatment and MAT Clinic. Page 20 of 94 DocuSign Envelope ID FFFAA22F-EB40-4AAC-84CF-4C3E233E45B6 SeaView's recovery housing program (short-term housing assistance and treatment for individuals with substance use disorders and co-occurring conditions) has received widespread support from an array of local, Kenai Peninsula and State stakeholders including: r City of Seward (Resolutions 2018-095 Section 1A-11, 2019-111 Section 1A-13, and City Manager's Legislative public testimony), r Providence Seward Medical and Care Center(2019 startup funding) State of Alaska Department of Health and Human Services (partial operational support) Alaska Mental Health Trust(expansion funding) r Representative Ivy Spohnholz(sponsored 2020 CAPSIS for property acquisition—deferred due to onset of COVID) Letters of support from: Seward Police Department(example attached).Seward Prevention Coalition, Seward Community Health Center, and Alaska Vocational Technical Center What is the development timeline?—Property Closing approximately June 18t, improvements complete to open housing in September. I 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 attachedpages 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. Multi-unit(4), Office, Medical clinic I Safe HousinglTreatment Substance Use Residential Treatment: The proposed use includes substance use residential treatment. Adults in early recovery receive safe, substance-free housing and onsite treatment for 30 days prior to transitioning to the recovery housing program and outpatient treatment at SeaView's outpatient clinic. Treatment includes onsite psychiatric, clinical, nursing, peer support and MAT with staff onsite 2417. Recovery Housing. The proposed use includes recovery housing, which is safe, substance-free housing for adults in early substance use recovery. Adults living in recovery housing access several hours of outpatient treatment at the SeaView plaza daily (weekdays). Peer-support staff are on site whenever residents are present. including overnight, Resident stay is approximately 4-5 months before transitioning to independent or sober living housing. MAT Clinic: This clinic will provide outpatient medication assisted treatment (MAT) for adults to support recovery from substance use. B) Describe any impacts to the adjoining properties and how property values may be affected. SeaView employs a year-round professional maintenancelfacilities manager and crew to repair and maintain SeaView properties_ SeaView's existing residential properties are in excellent j condition and enhance the property values of neighborhoods they are in by being well- Page 21 of 94 DocuSign Envelope ID FFFAA22F-EB40-4AAC-84CF4C3E233E45B8 maintained. SeaView is responsive to any complaints or concerns with any of its properties and seeks always to be a good neighbor. Attached is a property value trend analysis for properties located near the existing recovery housing at 601 61"Ave. SeaView has owned and operated the housing for individuals experiencing mental health and substance use disorders since 1989. The 10-year trend analysis shows no significant difference in trends for property values of surrounding properties versus the trends for properties a few blocks away. The use of the property at 402 2"d Ave will be similar to the existing 4-unit bed & breakfast. The maximum capacity will be 20 with 2-3 support staff on site at any one time. Staff will utilize office space for resident support and the MAT clinic. Residents will have longer stays (average 4 months) and all will be adult. Most vehicles parked on the site will be staff-or SeaView-owned vehicles, so there may be fewer vehicles coming and going than with the bed & breakfast. No visitors will be allowed on site. Entry/exit camera's and electronically managed apartment/office locks will be installed for resident safety. The outpatient MAT clinic will operate set hours and individuals accessing treatment will have staggered appointments to limit numbers of vehicles parking on site. SeaView is not planning an expansion of the existing building or exterior modifications. There will be some interior modifications to meet code for SeaView's intended use, including any required installation of fire alarm/suppression systems. The Conex on the property will be removed and the neighbors may find this to be an aesthetic improvement. The shed outbuilding will remain. C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: http://www.cityofseward.us/ Yes. The proposed use is consistent with Community Values, Land Use and Housing. 2.2 Community Values, page 16,Vol 1 2.2.6 Healthcare Support educational, preventative and rehabilitation services Retain Seward as the hub for social services on the Eastern Kenai Peninsula Continue to support Independent Living Center, SeaView Community Services and Seward Senior Center and other similar organizations 3.2 Land Use, pages 21 &22,Vol 1 3.2,1 Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values 3.2.1.2 Support mixed commercial and residential uses in the Seward downtown business district Support apartments and high-density residential development, including seasonal worker housing 3.3 Housing,pages 22&26,Vol 1 3.3.1 Encourage development of new housing in Seward 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups 3.7.1.5 Support expansion and modernization of healthcare facilities 3 7.1.8 Support and develop opportunities for individual and community health improvement Page 22 of 94 DocuSign Envelope ID:FFFAA22F-EB40-4AAC-84CF-4C3E233E4588 D) Describe 1 list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.) Seward Public Utilities: water. sewer, electric; City roads: Second Ave, Jefferson, alley, Alaska Waste; bear proof dumpster; Shoreside; oil/fuel delivery 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. The proposed project will enhance public health, safety and welfare in the Seward community by providing much needed housing and treatment for adults to achieve long-term recovery from addiction. Access to substance use and mental health treatment were identified as the top two health concerns of Seward residents in the most recent Providence Seward Community Health Needs Assessment. SeaView is taking significant steps to expand the continuum of care needed to address these issues and this project will provide treatment and support for individuals and families in the Seward area who need access to treatment. F) Include building elevation plans and a site plan,drawn to scale.The site plan should include: 1)Property dimensions 2) Location and dimensions of existing and planned buildings 3) Parking configuration 4) Driveways and access 5) Natural features 6)Other pertinent information See attached Property plan and As Built survey I 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 (X )Authorized to act for a person who has the fallowing legal interest: SeaView Community Services Purchase&Sale agreement with current owners, Robert and Carroll O'Neal. 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 held the first Tuesday of every month. I Page 23 of 94 DocuSign Envelope ID-.FFFAA22F-EB40.4AAC-84CF-4C3E233E45B8 Applicant Signature ��* 3A02� Dx uSignsdd 6y. Oxu9ipnad 6y: Property Owner Signature: ' 3/1/2021 (;WZ 02" 3/8/2021 170378D1B49WAB 7ECE50FB08824D7.. Enclosed: $300 Payment (nonrefundable) {✓)/L(CG�I. � Dimensioned plot plan!drawings (✓f Other: t Ref&4,Y a- (v� Page 24 of 94 Wood Fence D z 15 of 3 C� � � N C=� � m v C:I[ O N Q a > l:IIc:Z1 3 � S -3 ip.Z.. la^3 la^3 03 3 wv c ILL - � a£ of 3 m 3mo m 3 aaF 8 CO �3 m� ioo-oa zaaais uosiaiiar Page 25 of 94 30'0" I 32'6' 3 o� s°tlwa < o �, v N 3 c pF y m < IED f w p s,atltln c 3 m £°° � 3 A£ ------------ 1 ;aaa;s uosiallar Page 26 of 94 P.O. Box 1045 302 Railway Avenue Seward, Alaska 99664 5257 SeaView Phone: all fee : 1.88 Alaska toll free: 1.888.224.5257 Community Services Fax: 907.224.7081 Contact: Tommy Glanton, LCSW Chief Clinical Officer 907.224.5257 tglanton(a seaviewSeward.org SEAVIEW RESPONDS TO SUBSTANCE USE CRISIS IN OUR COMMUNITY SEWARD,Alaska, (March 31, 2021)— SeaView Community Services (SeaView)is taking steps to protect our community as substance use disorders increase as a result of the COVID-19 pandemic. Over the past year, community members experiencing economic uncertainty, disruptions in routine and lack of physical connection have become more susceptible to substance misuse. This includes people who haven't previously experienced challenges with substances and alcohol,but now are struggling to cope. Like diabetes, cancer and heart disease, substance use disorders are a medical condition caused by a combination of behavioral, environmental and biological factors. When left untreated, substance use disorders can result in increased illegal activities as well as physical and social health consequences, such as poor academic performance,poorer health status, changes in brain structure,and increased risk of death from overdose and suicide. Prior to the pandemic, our community was battling this issue with substance misuse ranking as the second prioritized health need in Seward on the 2018 Seward Community Health Needs Assessment conducted by Providence. At that time, SeaView was already experiencing an increase in community members reaching out for help yet did not have the right level of care and support available locally. As the organization attempted to connect people with higher levels of care and safe housing for substance use disorders outside of our community, lack of bed availability became a significant barrier. Wait times of 3- 6 months were common and during this time few made it successfully to the right treatment. In response, in January of 2019 SeaView expanded the number of beds available in our transitional housing 4-plex building which has been providing temporary housing to individuals with behavioral health conditions since 1989. We also launched a partial hospitalization program which provides five hours of clinical and medical services daily at the SeaView Outpatient Clinic. Together,these two supports created an opportunity for community members to access needed care quickly and locally. During the first year of operation,the program operated at 80 percent capacity;however,by 2020 was consistently full,with a waitlist of over 80 people. Accessing needed treatment services had again become a significant barrier and with the impacts of the COVID-19 pandemic already being felt, SeaView knew a robust response was necessary. The SeaView Board of Directors and Leadership Team engaged in a planning process with funding partners across the state to expand local bed capacity from 10 to 20. Partners like the Alaska Mental Health Trust Authority were committed to supporting this critical need and provided financial support. SeaView then began to explore properties that would provide the best location to quickly get essential treatment services to our community. Serving Sc tvard uvilh integrity and compassion sin, Page 27 of 94 Alaska has a comprehensive mental health program to support Alaskans who experience mental illness, intellectual and developmental disabilities, chronic alcoholism and other substance related disorders,Alzheimer's disease and related dementia, and traumatic brain injuries that result in permanent brain injury. The Trust operates much like a private foundation, using its resources to fund system change, demonstration projects,funding partnerships, technical assistance,.and Trust-initiated projects. The Trust is fully self funded and is overseen by a seven-member board of trustees. Page 28 of 94 e�rarawCPropert es SALES • RENTALS • MANAGEMENT This analysis is to show the value trends in the downtown Seward area for properties near recovery housing facilities. The property at 601 Sixth Avenue is currently used by SeaView Community Services as a recovery housing facility and they are proposing a similar use for the property at 402 Second Avenue. Analyzing the impact of surrounding property values located near a recovery center such as the one located at 601 6t" Avenue, we find there to be no significant impact on the property value of the surrounding properties. In order to analyze this objectively, we researched the increase in assessed values of surrounding properties of the current recovery center. We found that on average the assessed values have increased for those surrounding properties by 30.2% over the past 10 years. We then analyzed the assessed values of similar properties a few blocks away and found that the average increase in assessed values over the past 10 years was 31.5%. The difference between these two averages is insignificant and one way of determining the relative lack of negative property value impact of such housing in a residential area. The proposed location at 402 Second Avenue will likely have even less impact on property values as it is an area of mixed use. The location at 402 Second is within a block of a laundromat, the hospital, the Senior Center, a few residential homes as well as some vacant lots. Because of the combination of commercial and residential use in this area, it is unlikely that the proposed use of this building will have any negative impact on the surrounding properties. In fact, this location in the downtown area could be considered an excellent location for a recovery center. *The properties used for this analysis include: 605 Sixth Ave, 604 Fifth Ave, 604 Sixth Ave, 700 5th Ave, 615 5th Ave, 510 A St Pamela Eiting Real Estate Sales Seward Properties 907-312-6144 pamela@sewardproperties.com Page 29 of 94 SEWARD POLICE DEPT. Main Office (907)224-3338 P.O. BOX 167 Animal Control (907)422-7150 SEWARD, ALASKA 99664 Community]ail (907)224-3645 Motor Vehicles(907)224-4037 lip Fax(907)224-8480 September 14,2018 Christine Sheehan Executive Director SeaView Community Services P.O. Sox 1045 Seward,Alaska 99664 Re. Letter of Support for SeaView Community Services application for Substance Use Disorder Services Expansion Dear Christine, I am writing this letter on behalf of the Seward Police Department, offering our strongest support For the important behavioral healthcare services provided by SeaView Community Services to the residents of Seward and the Eastern Kenai Peninsula. SeaView is the community's primary provider of psychiatric services, mental and substance use disorder services, emergency services to individuals in crisis (domestic violence, sexual assault, suicide prevention, etc.) as well as providing numerous other important services to our community. Most of these services are provided exclusively by SeaView in Seward, so the importance of the mission of this organization to the overall health of our community cannot be overstated. The Seward Police Department fully supports SeaView's application for funding to provide Short Term Housing Assistance and treatment to individuals with substance use disorders and co-occurring conditions. A community health needs assessment conducted this year determined that alcohol and substance misuse is the number two health need,only second to poor mental health and access to mental health services. As we know, these two needs are closely linked and without comprehensive services in our community providing a continuum of care,real change will not be possible. The Seward Police Department and SeaView are strong partners seeking opportunities to collaborate and coordinate activities to expand access to quality,affordable healthcare;reduce cost; improve efficiencies; and improve community health outcomes. Increased access to substance use disorder services within our community would address a critical gap in services. Currently, all local providers are encountering individuals with severe addictions and no clear path towards treatment and safe housing that support long-term recovery. A program, such as the one proposed in SeaView's grant application, would allow us to tackle this important public health issue while also addressing the impact of substance misuse on families and the community at large. Because Seward has a significant number of residents who are impacted by substance use disorders and co-occurring conditions who are currently not having their healthcare needs met, the Seward Police Department is striving for collaboration and supporting agencies that can effectively meet this need. SeaView is one of the most important providers in that equation. We strongly support this proposal and look forward to assisting SeaView in successfully executing increased services for this population. Sincerely, Page 30 of 94 Trust3745 Community Park Loop,Suite zoo Anchorage,AK 99508 Alaska Mental Health Tel 907s69.796o Trust Authority l :liiin�iilill'ulalllt i5�._5r; Contact: Allison Biastock, Chief Communications Officer 907.334.2531 allison.biastockpalaska.gov TRUST GRANTS $15o,000 TO SEAVIEW COMMUNITY SERVICES FOR RECOVERY HOUSING ANCHORAGE,Alaska, (February 26, 2021) — The Alaska Mental Health Trust Authority(Trust) has granted $150,000 to SeaView Community Services in Seward to support an expansion of their Recovery Housing Program, which supports individuals who are in addiction treatment. With funding from the Trust and other partners, SeaView Community Services plans to expand the bed capacity of their Recovery Housing Program from 10 to 20 beds. This expansion project will provide Trust Beneficiaries experiencing addiction and Co-Occurring Mental Illnesses with safe, healthy, substance-free living, and critical treatment services. "One of the biggest barriers to accessing addiction treatment is limited bed availability; in some cases, Alaskans are on a waitlist for months," said Mike Abbott, CEO of the Trust. "We are grateful to our community partners, like SeaView, who are working to increase treatment capacity so our system can better respond as soon as an individual is ready to move towards recovery." "We are very grateful to the Trust for their support and partnership in addressing this critical need on the Eastern Kenai Peninsula and across Alaska," said Christine Sheehan, Chief Executive Officer of SeaView Community Services. "Expanding SeaView's bed capacity will open additional opportunities for individuals to access safe housing and treatment, leading to long-term recovery and improved lives for individuals and their families." Access to quality addiction treatment is a priority for the Trust, which has also recently funded efforts to increase treatment capacity at facilities in Anchorage, Homer, and in the Mat-Su. About the Alaska Mental Health TrustAuthoritu The Alaska Mental Health TrustAuthority is a state corporation that administers the Mental Health Trust, a perpetual trust created to ensure that Page 31 of 94 In late February of 2021, SeaView entered into an agreement to purchase the property at 402 Second Ave. in Seward,Alaska,to expand substance use disorder treatment services available in our community. The proposed property has been operating as vacation lodging and is divided into units with kitchens, common areas, furniture, linens,laundry, staff office, etc.,making it ideal for a Recovery Housing Program and possible to occupy and start services almost immediately. SeaView has submitted a Conditional Use Permit Application to the City of Seward to utilize the building for Recovery Housing, Substance Use Residential Treatment and a Medication Assisted Treatment(MAT) Clinic.With this approval,the property will be poised to assist our community in having a continuum of needed treatment services to combat the current substance use disorder crisis. The target population for these services is adults with substance use disorders and co-occurring mental illnesses. All residents entering treatment will be medically stable and will have completed detoxification prior to admission. The program will accept direct admissions from the community and anyone struggling with substance use is encouraged to reach out to the SeaView Admissions Team for support at(907) 224- 5257. If you need immediate assistance,you can call us anytime to speak with a Crisis Clinician at(907) 224-3027. SeaView cannot combat this crisis alone and is seeking the support of our community. As indicated in the 2018 Providence Community Health Needs Assessment,the largest barrier to accessing substance use disorder treatment services cited was "not wanting people to know I needed substance use treatment services."This is an example of stigma and indicates that as a community we need to change the way we understand,talk about and respond to substance misuse. Substance use disorders are impacting individuals and families from all socioeconomic groups and someone struggling with addiction could be a working mom, senior citizen,pastor, coach,high school athlete,or college student. Stigma can inhibit a person's access to treatment and positive recovery outcomes, alienate their families who fear judgment and isolation, and create unnecessary division in small communities like Seward. Stigma will fade if we educate ourselves on the negative impacts of untreated addiction on families and communities and increase the availability of treatment so that those who need it can access it. The good news is that substance use disorders are both preventable and treatable.When given access to proper treatment and support,people with a substance use disorder can transform their lives, restore family relationships and improve their community. About SeaView Community Services SeaView is a non-profit behavioral health organization providing mental health and substance use disorder treatments. SeaView is led by a team ofprofessionals who are passionate about access to mental health care,freedom from addiction, and building healthy families. We employ a staff of over 50 professionals, including a psychiatrist, nurses, master's-level clinicians, social workers, case managers, behavioral health technicians, and administrative and support staff. Our mission is achieved by regularly assessing the needs of the community and providing a full continuum of care. SeaView's services include crisis, residential, and outpatient programs, all designed to improve the lives of our families,friends and neighbors. If you need behavioral healthcare, we are here to help. Page 32 of 94 SeaView Community Services In Seward Receives Grant For Recovery Housing :Z�radiokenai.net/seaview-community-services-iri-sewaia-i eceives-gi aril-roar-I ecovery- housing/ March 3, 2021 The Alaska Mental Health Trust Authority has granted $150,000 to SeaView Community Services in Seward in support of an expansion of their Recovery Housing Program, which supports individuals who are in addiction treatment. Mike Abbott, CEO of the Alaska Mental Health Trust Authority spoke to KSRM, "I'm grateful for the opportunity to talk about a great program and the Trust's opportunity to support it. SeaView operates services in Seward primarily geared towards recovery service, recovering from substance abuse challenges.As apart of their program, they offer housing for their clients and customers and they are looking to expand the housing that they can offer, which means expanding the number of clients that they can serve and expansion of substance abuse treatment programming around Alaska is one of the Trust's primary priorities. The opportunity to fund it with a large grant from us was a no brainer. They provide services in a community that is generally underserved and we're grateful that they're both willing to expand and grateful that we have the resources to help them do it." The funding allows SeaView Community Services to expand from io to 20 beds. The project will provide Trust Beneficiaries experiencing addiction and co-occurring mental illnesses with safe, healthy, substance-free living and critical treatment services. Abbott also explained that the Trust recently funded efforts to increase treatment capacity at facilities in Homer, Anchorage and in the Mat-Su, "Our programming is targeted statewide. We have funded enhancements in substance abuse capacity in most communities in the state, but certainly recently, we funded Set Free Alaska's residential program development in Homer and Akeela House's expansion in Anchorage. We're working with those and other providers in other communities around Alaska as well." For more information, visit alaskamentalhealthtrust.org. News Director - [email protected] Read All Posts By Anthony Moore Page 33 of 94 DocuSign Envelope ID:88A84269-4CFF-4FC3-993F-20D45C5CA190 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (the "Agreement"), effective as of February 23. 2021 ("Effective Date") is made and entered into by and between Carroll J. O'Neal and Robert L. O'Neal, husband and wife ("Seller") and SeaView Community Services. an Alaska non-profit corporation. or its permitted assignee ("Buyer"). WHEREAS. Seller owns the Property (as more particularly set forth herein): WHEREAS,the Seller has retained Ristine Casagranda, Broker of Coastal Heritage Properties, to represent the Seller, and the Buyer has retained Pamela Eiting, Licensee of Seward Properties, to represent the Buyer; and WHEREAS. subject to the terms and conditions hereof, Seller desires to sell to Buyer the Property and Buyer desires to purchase the Property from Seller. NOW. THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. the parties agree as follows: Section 1. The Property. Subject to the terms and conditions of this Agreement, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, all of SeIler's right, title and interest in and to the following described property: (a) Real Property. The real property known as 402 Second Avenue. Seward, Alaska. 99664. and legally described as: LOT 21A, BLOCK 25, MODERN MOTORS SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED UNDER PLAT NO. 98-35, RECORDS OF THE SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA together with any and all rights, privileges, easements,tenements. hereditaments and appurtenances appertaining thereto (the "Real Property"): (b) Improvements. All buildings, structures, fixtures and improvements located on the Real Property. including without limitation the approximately 8 foot by 10 foot shed located on the northern corner ofthe Real Property referred to in the MLS Form Bill of Sale attached to this Agreement as Exhibit 1, except for the Conex which Conex and all of its contents shall be removed from the Real Property within thirty (30) calendar days after the Closing(the "Improvements"), and (c) Personal Property. All of Seller's right, title and interest in and to all furniture (except any king or queen size beds), furnishings. fixtures, equipment and other tangible personal property located on the Real Property and/or in the Improvements described 1 4818-2545-814Q13 os os P8gt'13 * 9F DocuSign Envelope ID:88A84269-4CFF-4FC3-993F-20D45C5CA190 in Exhibit I (the "Personal Property"). The Real Property. Improvements and Personal Property are collectively referred to in this Agreement as the "Property." Section 2. Purchase Price and Terms of Payment; Earnest Money Deposit. The purchase price for the Property(the"Purchase Price")shall be One Million Two I lundred and Ninety Nine Thousand and 00 100 Dollars($1,299,000). The Purchase Price(after appropriate credit for the Famest Money Deposit and adjustment for closing for closing costs and any prorations)shall be paid by Buyer at Closing in cash. by a bank cashier's check, or by wire transfer, in readily available funds. into escrow with the First American Title Insurance Company (the "Title Company"). Within Five (5) days after the Effective Date. Buyer shall deposit with the Title Company the sum of Ten thousand Dollars ($10.000.00) ("Deposit" or "E'-.arrest Mone} Deposit"). which Earnest Money Deposit shall be held and/or applied as provided in thi.; Agreement. Section 3. Buyer's Contingencies. Buyer's obligation to consummate the transaction contemplated by this Agreement and close on the purchase of the Property is contingent upon the Buyer's satisfaction of the following contingencies: (a) Due Diligence Period. Bu,,er shall have forty five (45) calendar days from the Effective Date (the "Due Diligence Period") within which to inspect the Property and satisfy itself as to all matters relating to the physical condition of'the Property (the "Due Diligence Corn ingency"). Buyer shall have the right,at Buyer's expense.to hire one or more professionals to conduct any such inspections. Prior to the expiration of the Due Diligence Period, Buyer may terminate this Agreement by delivering written notice thereof to Seller. If this Agreement has not previou-Sly been terminated in accordance with the preceding sentence, on or prior to the expiration of the Due Diligence Period. Buyer shall be deemed to have waived its Due Diligence Contingency. If this Agreement is terminated pursuant to this Section 3(a). Seller shall direct the Title Company to return the Deposit, and all interest accrued thereon_ to Buyer and neither party shall have any further rights or obligations under this Agreement except those that expressly survive termination of this Agreement. If this Agreement is not terminated pursuant to this Section 3(a). Seller may not alter the physical condition of the Property (other than maintenance necessary to address normal wear and tear}. Within ten calendar days of the effective date of this Agreement, Seller will provide the Buyer with copies of the following: 1. Property condition reports; 2. BuiIding plans; 3. Repair bills for the last 24 months; 4. Utility bills for the last 24 months; 5. Certificate of occupancy or fire marshal approval of the Improvements; 6. Any correspondence to or from the City of Seward ("City") for the Iast 24 months; 7. All as-builts in the Seller's possession or available to the Seller, the parking plan approved by the City, and any fire marshal inspection reports; and 8. Any documents that describe or refer to any disclosures of Seller provided in accordance with Section 3(g)to Buyer. 2 4818-2545-8413 �s A 2123/� r 4 el n-7, g DocuSign Envelope ID:88A84269-4CFF-4FC3-993F-20D45C5CA190 (b) Inspections. During the Due Diligence Period, Seller agrees to allow Buyer and Buyer's engineers. architects. agents and representatives("Buyer's Agents"), reasonable access. during normal business hours, to the Property. Buyer agrees that in exercising its right of access. Buyer shall not cause any damage to the Property and will use its best efforts to coordinate all inspections with Seller's broker and not to unreasonably disturb the tenants of the Property. All inspections shall be conducted at Buyers sole cost and expense and in accordance with all requirements of applicable law. (c) Title Review Period. Immediately after the Effective Date. Seller will order a preliminary title insurance commitment (the "Title Commitment") from the Title Company. Buyer shall have twenty-five (25) days from Seller's delivery of the Title Commitment (the "Title Review Period") to review the state of title to the Property. Prior to the end of the Title Review Period, Buyer shall deliver written notice to Seller of any objections or defects to title noted in the Title Commitment to which Buyer objects (the "Title Objections"). Buyer will be deemed to have waived its rights to object to any title objections or defects if it fails to give Seller timely notice of such objections. Any exceptions or defects to title to which Buyer does not timely object during the Title Review Period shall be deemed to be "Permitted Exceptions." Seller shall have until the Closing to remove or otherwise render acceptable the Title Objections or to decline to correct such Title Objections. provided, that. Seller shall notify Buyer in writing within seven (7) days of the receipt of Buyer's Title Objections letter(s) which Title Objections it will remove prior to Closing. If notice is not provided to Buyer within such time period. Seller shall be deemed to have agreed to remove (prior to Closing) all Title Objections identified in Buyer's notice(s). If Seller shall not correct or remove the Title Objections on or before the Closing, then Buyer shall either (i) waive such uncured objections and accept title to the Property subject to such uncured objections (which shall be deemed to be included as Permitted Exceptions at that point) without adjustment to the Purchase Price; or (H) terminate this Agreement by written notice to Seller, whereupon the Earnest Money Deposit shall be returned to Buyer and neither Buyer nor Seller will thereafter have any further rights or obligations under this Agreement except those which expressly survive termination of this Agreement, if any. At Closing. Seller shall convey fee simple title to the Property to Buyer by Statutory Warranty Deed, subject only to the Permitted Exceptions. Seller shall also cause the Title Company to issue a standard owner's policy of title insurance at Closing in a policy amount equal to the Purchase Price,subject to the Permitted Exceptions. Seller shall pay the premium amount related to such policy. (d) Financing And Appraisal Contingency. The closing of the transaction contemplated by this Agreement is subject to Buyer obtaining financing and an appraisal of the Property acceptable to the Buyer. Buyer has until Closing to arrange a commitment to financing and an appraisal of the Property acceptable to the Buyer. Within five (5) days of the Effective Date, Buyer will provide the Seller with a letter from its lender stating that the lender has verified Buyer's income,credit, source of down payment,availability of funds to close, and loan pre-approval that is not contingent on the lease, sale, liquidation, or recording of a sale of any property or asset. (e) Use Approval Contingency. The closing of the transaction contemplated by this Agreement is subject to Buyer obtaining a conditional use permit or other written permission from the City satisfactory to Buyer ("CUP") that the zoning of the Property is consistent with Buyer's 3 DS DS 4818-2545-8140 3 4 r; 2'2 5�e f DocuSign Envelope ID:88A84269-4CFF-4FC3-993F-20D45C5CA190 intended use as well as any other licenses or permits required by the City or the State of Alaska. Buyer has until Closing to obtain these items. Seller shall cooperate with Buyer in Buyer's attempt to obtain a CUP and provide any information and"or documents to the City that either the Buyer or the City request from Seller. (#) Occupancy Contingency. All tenancies shall be terminated as of Closing and no renters shall remain on the premises at the time of Closing. (g) Disclosures. Immediately after the Effective Date, Seller shall disclose in writing to Buyer any sewer, water or oil leaks, flooding, earthquake damage, Hazardous Materials releases, or correspondence regarding the Property relating to Hazardous Materials known to Seller or of which Seller reasonably should have known. For purposes of this section, "Environmental Laws" means any and all federal, state and local laws, including, without limitation,any and all requirements to register underground storage tanks,relating to:(i)emissions, discharges, spills, releases or threatened releases of pollutants, contaminants, Hazardous Materials (as hereinafter defined), or hazardous or toxic materials or wastes into ambient air, surface water, groundwater, watercourses, publicly or privately owned treatment works, drains, sewer systems, wetlands, septic systems or onto land; (ii) the use. treatment, storage, disposal, handling, manufacturing, transportation, or shipment of Hazardous Materials (as defined below), materials containing Hazardous Materials or hazardous and/or toxic wastes, material, products or by- products (or of equipment or apparatus containing I lazardous Materials), or (iii) pollution or the protection of human health or the environment. Further, for purposes of this section,"Hazardous Materials"means(1)hazardous materials, hazardous wastes, and hazardous substances as those terms are defined under any Environmental Laws, including, but not limited to, the following: the Hazardous Materials Transportation Act,49 U.S. C. § 1801 et SeMc., and as further amended from time to time ("HMTA"), the Resource Conservation and Recovery Act, U.S_ C. § 9601 et seq.,as amended from time to time ("RCRA"), the Comprehensive Environmental Response, Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act.42 U.S.C. §9601 et seg.,and as further amended from time to time("CERCLA"),the Clean Water Act, 33 U.S.C. § 1251 et seg,, as amended from time to time ("CWA"), the Clean Air Act,42 U.S.C. § 7401 et 5eMc.,as amended from time to time ("CAA") and/or the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., as amended from time to time("TSCA");(2)petroleum and petroleum products including crude of I and any fractions thereof, (3) natural gas, synthetic gas, and any mixtures thereof; (4) asbestos and/or any material which conmains any hydrated mineral silicate, including, but not limited to, chrysotile, amosite, crocidolite, tremolite, anthophylite and/or actinolite, whether friable or non-friable; (5) PCBs, or PCB-containing materials, or fluids; (6) radon; (7) any other hazardous or radioactive substance. material, pollutant,contaminant,or waste;and(8)any substance with respect to which any federal, state or local Environmental Law or governmental agency requires environmental investigation, monitoring or remediation; provided, however, that Hazardous Materials shall not include those chemicals at the Property ordinarily used by property owners of similar types of properties, which are kept in de minimus quantities, are properly containerized and labeled for retail use, utilized according to all label instructions for general maintenance and repair purposes and disposed of at an off-site location in compliance with all applicable Environmental Laws. 4 Lr; Ds aatx-zs�+s-staa,3 r�, f'' `' Pa37 of 94 DocuSign Envelope ID:88A84269-4CFF-4FC3-993F-20D45C5CA190 Section 4. Property Condition. Seller represents and warrants that during the time the Seller has o,*tined the Property March 2012 through the Closing Date all construction on the Improvements was clone in a workmanlike manner, that the Improvements are in good repair, and that the Improvements (other than the Second Avenue walkway overhang) do not encroach into property belonging to others or easements used by others. Seller further represents and warrants that it has not made any additional Improvements or altered the construction of the Property in any way since Buyer's inspection of the Property on November 12, 2020, other than repairs to normal wear and tear, repairs to the refrigerator, and regular maintenance. Seller represents and warrants that Seller has disclosed in writing to Buyer all repairs since November 12, 2020. Seller further represents and warrants that the Property shall be in clean condition on the Closing Date, as if the Property has been professionally cleaned. Seller makes each of the above representations and warranties as of the Effective Date and such representations and warranties shall be deemed to be restated as of the Closing. Buyer is relying upon the representations and warranties in this Agreement. Buyer acknowledges that Seller has made no representations and warranties regarding the Property other than those stated in this Agreement. Section 5. Additional Representations and Warranties of Seller.As of the Effective Date, Seller hereby represents and warrants to Buyer as follows,each of which is being relied upon by Buyer, shall be deemed to be restated as of the Closing,and shall survive Closing and not merge into the deed or other documents to bedelivered at Closing: (a) Ownership. Seller is the owner of fee simple title to the Property. and has the full power, capacity and legal right to execute and deliver this Agreement and to sell the Property to Buyer, pursuant to the terms of this Agreement. No other person has or to Seller's knowledge claims any ownership in the Property. (b) No Conflict. The execution and delivery of this Agreement,and the performance of Seller's obligations underthis Agreement are not prohibited by and will not breach any contractual covenant or restriction between Seller and any third party, nor create or cause to be created any mortgage, lien, encumbrance or charge on the Property, and, there are no existing purchase agreements, option agreements. contracts, leases, licenses, use agreements or other written agreements, recorded or unrecorded, relating to the Property to which Seller is a party or by which Seller or the Property are bound. (c) Transactions. From and after the Effective Date.and until any termination of this Agreement. Seller shall not sell, transfer, lease,or otherwise convey all or any portion of the Property or any interest therein, or grant or permit any easements, liens, mortgages. leases. use agreements. encumbrances or other interests or agreements with respect to the Property %%ithout Buyer's prior written consent. (d) Litigation. To the best of Seller' s knowledge, there is no action. suit or 5 DS DS 4818-2545-8140\3 p ,, ro- �? Page 3 DocuSign Envelope ID:88A84269-4CFF-4FC3-993F-20D45C5CA190 proceeding pending or. to Seller 's knowledge . threatened by or against or affecting Seller or the Property which does or will involve or affect the Property or title thereto. (c) Foreign Ownership. Seller is not a"foreign person"as that term is defined in the U.S. Internal Revenue Code of 1986,as amended, and the regulations promulgated pursuant thereto, and Buyer has no obligation under Section 1445 ofthe P.S. Internal Revenue Code of 1986. as amended, to withhold and pay over to the U.S. Internal Revenue Service any part of the "amount realized" by Seller in the transaction contemplated hereby (as such term is defined in the regulations issued under said Section 1445).The foregoing representations and warranties of Seller in this Section 5 shall survive the Closing for a period of eighteen (18)months. Section 6. Representations and Warranties of Buyer. Buyer hereby represents and warrants to Seller as follows, each of which is being relied upon by Seller, shall be deemed to be restated as of the Closing, and shall survive Closing: (a) Organization. Buyer has the authority and power to enter into this Agreement and to consummate the transactions contemplated herein. Phis Agreement has been duly authorized by Buyer. (b) Binding Contract. Upon execution hereof, this Agreement will be enforceable against Buyer in accordance with its terms. (c) No Conflict. The execution and entry into [his Agreement, the execution and delivery ol'the documents and instruments to be executed and delivered by Buyer on the Closing Date, and the performance by Buyer of Buyer's duties and obligations under this Agreement and of all other acts neces,-nry and appropriate for the full consummation of the purchase of the Property as contemplated herein, are consistent with all applicable contracts, agreements and other instruments to %%hick Buyer is a party. Section 7.Time and Place for Closing.The c losing of the transaction contemplated by this Agreement (the "Closing") will occur no later than July I. 2021 at the offices of the Title Company at a time mutually agreed by Buyer and Seller. Buyer will provide Seller 30 days notice of the Closing Date. Recording shall occur one day following the Closing, Date. The actual date on which the Closing occurs is herein referred to as the "Closing Date." The Closing of this transaction will take place through escrow at the office of the "Title Company(the parties may close via escrow using an overnight delivery service instead of attending the Closing in person).The Parties hereby appoint the Title Company as their escrow and closing agent for the purpose of closing this transaction. Time is of the essence with respect to the Closing. With the exception of the warranties provided in Section 4. Property Condition, the remaining terms. conditions, agreements, representations, warranties and provisions of this Agreement shall survive Closing for five(5)years and not merge into the deed or other documents to be delivered at Closing. Section 8. Closing: (a) Buyer's obligation to close is subject to the following conditions: 1) waiver or satisfaction of Buyer's Due Diligence Contingency without termination of this Agreement,2) 6 Lr; �4818-2545-B1a0t3 Cii Page239 of 94 DocuSign Envelope ID:88A84269-4CFF-4FC3-993F-20D45C5CA190 delivery by Seller at Closing of the documents listed in Section 8(b) duly executed and acknowledged, where required by Seller, 3)the representations and warranties of the Seller are true and correct, 4)termination of occupancy of and occupancy agreements with any and all tenants, guests, or invitees, and no third party has possession of the Property as of the Closing Date; and 5) Performance by Seller of its other material obligations under this Agreement. (b) At Closing, Seller will: (i) Execute and deliver to Buyer a Statutory Warranty Deed conveying the Real Property and Improvements to Buyer, subject only to the Permitted Exceptions referenced in Section 3(c); (ii) Execute and deliver a Bill of Sale. general assignment and or other customary documents. in a format acceptable to the Buyer; (iii) Deliver to the Title Company such evidence of the authority and capacity of Seller as the Title Company may reasonably require; (iv) Deliver to Buyer possession of the Property and all keys, if any, to the Property; (v) Cause to be issued to Buyer by the Title Company the title policy referenced in Section 3(c); (vi) Execute and deliver an IRS FIRPTA Certificate; (vii) Execute and deliver approved closing statements to the Title Company; (viii) Execute and deliver in conjunction with Seller,joint escrow closing instructions to the Title Company, and execute a Settlement Statement that is consistent between Buyer and Seller; (ix) Execute and deliver an owner's affidavit in a format required by the Title Company if Buyer's lender requires extended coverage title insurance and (x) Execute and deliver such other instruments and documents as may reasonably be required by the Title Company or Buyer to close the transaction. (c) At Closing, Buyer will: (i) Deliver to the Title Company such evidence of the authority and capacity of Buyer as the Title Company may reasonably require, (ii) Deliver to the Title Company the Purchase Price. net of the Earnest Money Deposit which will be applied thereto: (iii) Execute and deliver approved closing statements to the Title Company: (iv) Execute and deliver in conjunction with Buyer,joint escrow closing instructions to the Title Company and execute a Settlement State that is consistent between Buyer and Seller;and (v) Execute and deliver such other instruments and documents as may reasonably be required by the Title Company to close the transaction. (d) Seller will pay: (i) one-half(1/2) recording fees: (ii) one-half(1!2) escrow closing fee: (iii) own attorney's fees: (iv) standard owner's title policy premium:and (v) brokerage fees as provided in Section 18. (e) Buyer will pay: (vi) one-half(1 2) recording fees: (vii) one-half(]!2) escrow closing fee; (viii) own attorney's fees. (ix) all costs incurred by Buyer or its representative(s) in connection with Buyer's financing, arrangements, including but not limited to appraisal. financing and recording fees; (x) all expense(s) incurred by Buyer or its representative(s) in inspecting or evaluating the Property or closing this transaction, including without limitation. 7 DS 4818-2545-8140'.3 Ds 2/23/2021 !�� ^_ Page 4 f 9 DocuSign Envelope ID:88A84269-4CFF-4FC3-993F-20D45C5CA190 inspecting architects and engineers. asbestos.'hazardous materials consultants. serve}ors, appraisers,or any other consultants; (xi) any title insurance costs. survey costs and fees for extended coverage or endorsements: and (xii) all Buyer's costs associated with applying for a CUP. (f) Apportionments. Taxes, assessments, utilities or other customary charges as ofthe Closing Date shall be pro-rated. Any utility charges in connection with the Property shall be paid current through the Closing Date by Seller. Section 9. Termination, Defaults and Remedies. (a) Default by Seller. Seller will be in default hereunder upon the occurrence of any of the following events: (i) Seller fails to materially meet. comply with, or perform any covenant, agreement or obligation required on Seller's part %%ithin the time limits and in the manner required in this Agreement, for any reason other than a default by Buyer hereunder. (ii) Seller fails to deliver at the Closing any items rewired of Seller in Section 8 of this Agreement. In the event of a default by Seller hereunder. Buyer may, at Buyers option. terminate this Agreement by written notice delivered to Seller at or prior to the Closing. In the alternative. Buyer may seek to enforce specific performance of this Agreement by Seller. Buyer hereby waives all claims to recover damages. (b) Default by Buyer. Buyer will be in default hereunder upon the occurrence of any of the lollowingevents: Buyer fails to materially meet, comply with, or perform any covenant, agreement or obligation required on Buyer's part within the time limits and in the manner required in this Agreement. for any reason other than a default by Seller hereunder. Buyer fails to deliver at the Closing any items required of Buyer in Section 8 of this Agreement. Seller and Buyer agree that Seller's damages resulting; from default b,, Buyer is impracticable or extremely difficult to ascertain. Accordingly. Seller and Buyer agree that the amount of the Deposit. and all interest accrued thereon, is a reasonable estimate ol'such damages in the event of Buyers failure to perform according to the provisions of this Agreement.and such payment is intended to be liquidated damages and not intended to be a forfeiture or penalty.The termination of this Agreement and retention of the Deposit. and al I interest accrued thereon, will be the sole remedy available to Seller for breach or default by Buyer,and Buyer will not be liable for damages or specific performance. Seller hereby waives any and all rights to damages and specific performance. Section 10. Risk of Loss. If prior to the Closing Date any portion of the Property shal I be taken by condemnation or eminent domain or damaged or destroyed br fire. earthquake. tsunami. or other casualty, the Seller will give Buyer written notice of the e+ ent %%ithin three 8 4818-2545-8140-3 os os � � �'a�� 41 DocuSign Envelope ID:88A84269-4CFF-4FC3-993F-20D45C5CA190 calendar days of the occurrence of the event which includes a description of the event and any effect on the Property. Buffer may terminate this Agreement, ��ithout further obligation between Buyer and Seller, other than the return of the Deposit to Buyer, by a written notice to the Seller within 30 calendar days of Buyer's receipt of the written notice from the Seller. Upon receipt of«ritten notice from the Buyer under this Section 10, this Agreement shall terminate and neither party shall have any obligations or rights %Kith respect to each other or this agreement, except for any obligations that expressly survive termination of this Agreement. Section 11. RESERVED. Section 12.Notices. Except to the extent othenN ise expressly provided in this Agreement, any notice or communication which may be or is required to be given pursuant to the terms of this Agreement shall be in%�-riting,and any such notice or communication will be deemed to have been given ifand when delivered or mailed to any such party by commercial overnight courier,personal delivery, or certified mail.return receipt requested, addressed to such party at such party's address as provided below or such other address as either party may designate by notice similarly sent. Notice by mail is effective three(3)days after the date such notice is deposited in the mail. Notice given by commercial overnight courier or personal delivery is effective upon receipt.Notice given by facsimile is effective upon confirmation of successful transmission by the transmitting machine. If to Seller: Ristine Casagranda Coastal Heritage Properties 319 Third Avenue Seward, AK 99664 With a copy, via email,to: rissie cr coastalher,itazeproye rties.com; rob.oneal a hotmail.com: alaskamN ish a hotmail.com If to Buyer: Pamela Eiting Seward Properties 437 41h Avenue POB 1466 Seward, AK 99664 With a copy, via email, to: pamelarF:sewardproperties.com Christine Sheehan, CEO SeaView Community Services 9 DS 4818-2545-8140 3 � lr-; , Page/QoGf 94 DocuSign Envelope ID:88A84269-4CFF-4FC3-993F-20D45C5CA190 PO BOX 1045 Seward, Alaska 99664 With a copy, via email. to: cslieehan@seaviewseward.org Section 13. Assignment. Neither party shall have any right to transfer or assign this Agreement, and any transfer or assignment in violation hereof shall be null and void and of no force or effect. Notwithstanding the loregoing. Buyer may assign this Agreement and Buyer's rights and obligations hereunder. to an affiliated entity of Buyer_ without Seller's consent. Section 14. Entire Agreement/Binding Effect. All priororal and written understandings are merged herein. and no provision hereof may be waived except in writing signed by the party to be charged with such waiver. The terms. conditions and provisions ofthis Agreement small survive Closing and not merge into the deed or other documents to be delivered at Closing. Any amendment to this Agreement must be executed in writing by both Buyer and Seller. This Agreement shall not be construed more strongly against one party than the other. The captions in this Agreement are for the con%enience of the parties only and shall contain no independent significance. This Agreement shall be governed by the laws of the State of Alaska. Nothing contained herein shall be construed or interpreted as creating a partnership,joint %enture or simi lar relationship between the parties. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. Section 15. Counterparts, PDF and Facsimile Signatures. 1 his Agreement may be executed in one or more counterparts. including by facsimile signature or signature by PDT'. each of which shall be deemed an original, but all of which shall constitute but one and the same agreement notwithstanding the fact that al I parties are not signatories to the original or the same counterpart. Section 16. No Recordation. This Agreement shall not be recorded. Section 17.Time.Time is of the essence under this Agreement. In the event any deadline or contingency termination falls on a Saturday. Sunday or state or federal holiday. die deadline or contingency shall be extended to the first business day fr,7llo%N ing the Saturday. Sunday or state or federal holiday. Section 18. Licensee Relationships. Buyer and Seller acknowledge that Ristine Casagranda, the broker for Coastal I leritage Properties is representing the Seller, and Pamela Liting. licensed with Seward Properties is representing the Buyer. Upon Closing. Seller shall be solely responsible for paying a total brokerage commission of five percent (59o) of the purchase price. of which 2.5% will be paid to Coastal Heritage Properties. Seller and Buyer shall each indemnify and hold the other harmless from and against any and all other licensees. brokers and finders claiming by,through, or under the indemnifying party and in any way related to the sale and purchase ofthe Property, this Agreement or otherwise. Section 19. Severability. If any term or provision of this Agreement is invalid, illegal. or unenforceable in any jurisdiction. such invalidity. illegality.or unenforceability shall not affect, invalidate. or render unenforceable any other Term or provision of this Agreement. Upon 10 41,118-2545 R140`3 Ds Page e 243 Ds 4 g DocuSign Envelope ID:88A84269-4CFF-4FC3-993F-20D45C5CA190 such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to affect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated by this Agreement be consummated as originally contemplated to the greatest extent possible. Section 20. Further Assurances. Each ofthe parties hereto shall execute and deliver such additional documents, instruments, conveyances. and assurances and take such further actions as may be reasonably required to carry out the provisions of this Agreement and give effect to the transactions contemplated hereby. Section 21. No Waivers. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party providing the waiver. No waiver by either party of any failure or refusal to comply with any obligations under this Agreement shall be deemed a waiver of any other or subsequent failure or refusal to so comply. Section 22.No Offer.This Agreement shall not be deemed an offer or binding upon Seller or Buyer until this Agreement is fully executed and delivered by Seller and Buyer. [SIGNATURE PAGE FOLLOWS] I 4816-3545•814013 1(ii 1-r; ^, Pagd'440bf 94 DocuSign Envelope ID:88A84269-4CFF-4FC3-993F-20D45C5CA190 IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed as of the Effective Date. SELLER: DocuSigned by" � ` I 2/23/2021 DocuSigned by: L �� onne *A 2/23/2021 4id8Q.1,B=Neal Bt1YER: SeaView Community Services Printed an �►'1,€;°r,�- � �S Title: - y�P�� r y l/�l Lam- !2 i(i 4818?535-SIA�Y13 1—r; Page 4526fO94 DocuSign Envelope ID:88A84269-4CFF-4FC3-993F-20D45C5CA190 Exhibit 1 to Real Estate Purchase and Sale Agreement Bill of Sale' This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service,Inc. ALA93KA I Carroll J O'Neal and Robert L O'Neal _, for and in consideration of: ❑ the sum of$ 2 Dollars or CO No Value, shall convey to SeaView Community Services 3 the following personal property currently located at: 402 Second Avenue, Seward,AK 99664 4 State of Alaska. 5 Refrigerator Wall/Ceiling Speakers x Workbench/Shelving 1 Freezer 1 Satellite Dish Corral 5 OveNRangelCooktop Satellite Dish Comp Playground Equipment 4 Dishwasher Home Theater Greenhouse 4 Microwave Projector Dog KennellRun 1 Trash Compactor Screen x Storage Shed BeverageWine Cooler Flat Screen Hot Tub, Equip&Cover Water Softener All Speakers Garage Door Opener Remotes Central Vac Attachments AV Components #of Remotes: Chandelier/Hanging Lts A!J Window Coverings 11 Flat Screen TV(s) - Location Generator Except for Living Room Wood Stove Family Room Propane Tank(s) Window Screens Master Bedroom Propane in Tank Pool Table Other 2 Oil Tank 2 Washer Security System/Components Oil in Tank 2 Dryer leased or owned 5 6 2 mini refrigerators. all rental unit items including furnishings, flatware. kitchen utensils, dishes, pots & pans, lamps 7 and wall art 8 All fixtures attached to the Property, including but not limited to: plumbing, heating, and electrical systems shall remain 9 with the subject property. 10 11 Unless agreed otherwise in writing, the Seller will retain responsibility for any service agreements. including, but not 12 limited to, security and monitoring systems that are not assumed or prorated upon recording. 13 14 The Seller herein warrants that said property is free from all liens and encumbrances. if the Purchase and Sale 15 Agreement dated does not record this Bill of Sale shall become null and void. 16 17 THE ABOVE DESCRIBED ITEM(S)SHALL BE CONVEYED IN "AS-IS" CONDITION AND NO WARRANTIES ARE 18 MADE AS TO THE CONDITION OF THE PERSONAL PROPERTY. THE ITEMS ABOVE HAVE NO EFFECT ON 19 THE SALES PRICE. 20 21 SELLER TO LIST THE ITEMS, APPEARING TO BE AFFIXED TO THE PROPERTY, THAT ARE NOT INCLUDED 22 WITH THE SALE: 23 24 25 26 Dated: { 2/23/2021 , � Dated: DocuSi ned b 27 Buyer 1: Seller 1 Yka( L f 17 378D1 84 28 Scope . Seller 2: , 29 A�: a1 � Seller 3: 7ECE58FB�6824D7 . Form 7064.Originated 01197.Revision 10119.t::2019 Alaska Multiple Listing Service..Inc (AK MLS)All rights reserved Page 46 of 94 March 30, 2021 Re: P&Z Resolution 2021-08 CUP for Substance Abuse Treatment Facility and Clinic Dear Fire Chief Crites and Building Official Nilsson, P&Z Commissioners, and Administration: I understand the overwhelming need for residential substance abuse treatment centers. I appreciate the professionalism of the Seaview Community Services staff and track record as a responsible landlord. This is a great idea but an unsuitable building and lot in an inappropriate location. The proposed medical care facility includes Recovery Housing, a Substance Abuse Residential Treatment Center, and a Medication Assisted Treatment Clinic.The residential housing program for up to 20 residents would be the largest such facility in Seward, and larger than most on the Peninsula.The current Auto Commercial zone and conditional uses are not mutually compatible and supportive of the surrounding single- family residences;the land use map recommends single family zoning. The proposed facility at 402 Second Avenue was built in 1950 as an auto repair shop and gas station and has been remodeled several times since as a single-family home,then a triplex and a fourplex. It is a non- conforming structure with many issues. I am concerned about compliance with city, state, and federal regulations. Public Safety: A school bus stop is directly across the street at 401 Second. It has been there for over 30 years. Is it safe to let elementary and middle school students wait there in the dark at 7 am for the school bus? If the bus stop were moved, it would be unfair to make them walk any farther. How will the clients be screened for suitability at this facility? Will clients with ankle monitors be allowed? How will the neighbors be assured for their safety? A pedestrian pathway next to the building leads from Glacierview Apartments along Jefferson St to Third Ave. What will be the impact of increased foot and vehicle traffic to the facility on neighborhood pedestrians? ADA Compliance: Does this building need to be ADA compliant?Who enforces that code?There are no ADA parking spaces, designated ADA units, or ADA access to common areas. Resident Safety: Instead of a main entrance monitored by staff,there are 9 exterior doors and a few interior doors accessible from the outside that may require security locks to protect the residents from unauthorized entry. The floor plan is chopped up with 20 beds crammed into small, substandard sleeping spaces and even a hallway. Occupants with substance abuse and mental health issues, and disabled residents may qualify as needing physical assistance from staff or others to respond to emergencies and safely evacuate to a point of safety. The office with the 24/7 non-resident staff(3 shifts) is in the far SE downstairs corner. I wonder if even occupants without health issues could safely get out in case of emergency, including fire and earthquake. Would a required automatic sprinkler system,automatic smoke detection,and added firewalls sufficiently protect the sleeping occupants if the fire evacuation time was too slow?The emergency exit plans for each room should be included with the application. Incomplete and inaccurate site plan: 1 Page 47 of 94 The site plan provided is not complete.There is no scale.The dimensions given are different from the 1997 As-Built Survey provided in Resolution 2019-010 CUP for a tri-plex.The 14x14 office is not to scale.Are other dimensions accurate?There are no dimensions provided for the exterior or the carport or shed.The carport does not extend the width of the building.The north fence is not accurate.The width of the setbacks are not provided.The parking site plan does not show dimensions of parking spaces or aisle space, or show turning and maneuvering space.The shed and fuel tanks are in the way of the vehicles. No location shown for snow disposal or garbage cans/dumpster/rack. Floor Plan: Please follow along with the attached floor plan document. Unit 1: 720 square feet,two bedrooms with two beds each for a total of four occupants. Each 14x9.6' bedroom is 134.4 square feet which is less than 70 sq ft per occupant. Is this to code? Unit 2: 1070 sq ft, three bedrooms with two beds each for a total of six occupants. The west bedroom does not show a door separating it from the entertainment/dining room. A locking bedroom door is important for privacy, security, and noise suppression. A storage room separates Units 1 and 2 from Unit 3 with a proposed elimination of a door connecting the storage room to Unit 3.The storage room connects through to the east side parking lot, has an exterior door on the west side, and stairs leading to the second floor. Unit 3: 1300 sq ft, is a large unit with stairs leading to the upper level. It doesn't yet have a bedroom on the first floor.The plan proposes to add one new bedroom with two beds. Perhaps this could be an ADA unit with the required modifications.The staircase connects to an upstairs bedroom with two beds (labeled Apt 3). There is no door on this bedroom for privacy, security, and noise control and the room is open to the downstairs apartment.The bathroom for this bedroom is downstairs. Unit 4 2533 sq ft, is all upstairs, built around the Unit 3 upstairs bedroom (no access between the two Units) with four bedrooms: one bedroom has three beds and a proposed closet (Closets are a nice amenity that all bedrooms should have though it's not required by code. People have stuff and may appreciate being organized.) Residents of Unit 4 have to walk through this bedroom to access the Recreation Room and second set of egress stairs.This bedroom is essentially a hall with 3 beds. Is this legal? Who would want that invasion of privacy and violation of security? There is a pocket door separating the bedroom from the recreation room and egress stairs. Pocket door are notoriously difficult to use, especially in an emergency. Will exterior-mounted hardware be required?Will it be lockable on both sides? Pocket doors are not fire-rated as they do not seal tightly and could permit smoke and fire to pass through. Why not require a standard door? The egress stairs lead down to the storage room and out the west or east exterior doors. Will that staircase have a lockable door at the top or bottom for security? Will this impede emergency egress for Unit 4? A narrow 7x30' 210 sq ft bedroom with two beds has egress through the second story window and down the stairs to the south exterior door. Will that staircase have a lockable door at the top or bottom for security? Will this impede emergency egress for Unit 4? An 8x 22 bedroom with one bed has no bedroom door and opens to a hall accessing the bathroom then through a door that leads to the Unit 4 kitchen. Why not provide a bedroom door for privacy, security, and 2 Page 48 of 94 noise control?The second egress seems like a long way to the kitchen,through a door, then another door, and down the stairs to the outside south exit. Will this impede emergency egress for Unit 4? This building is also a multiple-use facility with a clinic and an administrative office for the 24/7 staff. The first-floor plan shows only one office, 14x14; maybe these uses will share. Note the office drawing is not to scale; it is shown too small. Is the east office window an egress window? It looks smaller than the other labeled windows. The office door connects to the Group Room, past a washer/dryer, and through another door to the south exit door. How will the staff monitor unauthorized entry and assist the residents when the office is so removed from the Units? A ramp on the northwest side of the Group Room connects to the central corridor(washer/dryer, bathroom, access door to parking lot, and to storage hall). There is no other height adjustment. What explains this discrepancy in height? Is it ADA accessible? If outpatients are dropped off in front of the south door leading to the Clinic,the vehicle will block the pedestrian pathway. Are outpatients arriving by vehicle expected to access the office through the alley parking lot, fenced area, alley door, down the ramp,through the Group Room to the Clinic?Or will the convenient on-street parking lot along Second be used? Will any interior Group Room doors need to be locked to prevent access to the upstairs?Will this impede emergency egress? Parking Plan: There are no ADA on-site parking spaces, designated ADA space for the passenger van, or ADA spaces to accommodate vehicles serving ADA outpatients who may drive or be driven to the clinic. Only nine spaces were required for the previous 2019 CUP for a four-plex for lodging. Note,the dimensions of the apartment units have changed triggering additional parking spaces. Why are only nine parking spaces required for this mixed-use facility with a 20-bed Substance Abuse Residential Treatment Center, Recovery Housing program,outpatient Medication Assisted Treatment Clinic, and office? For the purposes of Seward City Code parking requirements,what is this facility called? The use is not listed in Title 15. Not everyone drives a compact car; are the spaces large enough for the facility passenger van,Alaska-size crew-cab pickups or Suburban-size vehicles. Some might need to be larger than the minimum 9 feet wide and 18 feet long.Are the traffic aisles the minimum width? In the provided parking site plan, the vehicle parked on the east end of the carport has no easy egress; it is blocked by the vehicle parked behind it, and would have to squeeze between the car parked on an angle and the vehicle parked perpendicular in the back. The shed and fuel tanks are in the way. Precision parking and careful planning should not be required for ingress and egress from the carport or alley parking lot. The vehicle in the west end of the carport should have enough room designated to maneuver so it does not back into the street. Are residents prohibited from driving, owning a vehicle, or parking on-site? If not,where would they park their vehicle on-site for their 4-5 month stay?Are visitors prohibited? If not,where would they park on-site? How many spaces are required for the staff(psychiatric, clinical, nursing, peer support and MAT staff on-site 24/7?The application estimates only 2-3 staff on-site at one time, and staggered appointments for outpatients. Is this realistic? 3 Page 49 of 94 How many spaces are required for the outpatient clients who may drive to the MAT Clinic or be driven in vehicles that need a place to park and wait? Other concerns: Smoking/Vaping: Under Smokefree Alaska Law, smoking(including marijuana) and vaping are not allowed indoors in a health care facility including residential units, buildings or residences for care for adults on a fee for service basis, offices,common areas in an apartment building or multiple-family dwelling. Smoking and vaping outdoors is not allowed within 20 feet of an entrance or open window,or at a health care facility that has declared the entire campus or outside grounds or property to be smoke-free. Where will smokers go?Will this push smokers into the public ROW, across the alley,or across the street, negatively impacting the neighborhood? Lot coverage violations: (107) Yard: A required open space on the same lot with a main building, unoccupied or unobstructed from the ground upward. SCC 15.10.220(c)(3) Setbacks: No yard or lot shall be reduced in size or area below the minimum requirements. The lot is 11,995 square feet. AC allows 50% lot coverage or 5997.5 square feet.The building without the carport and covered walkway is 5,357 square feet leaving only 640.5 square feet for additional coverage, NOT in the setback.The combined carport, covered walkway, and shed exceed the 50% lot coverage;the square footage must be reduced to a maximum of 5997.5 square feet. Setback violations: SCC 15.10.140 (91) Setbacks only allow fencing, landscaping, driveways, parking lot and similar uses. The 1997 As-Built shows 19.4'from the lot line to the building's north side. How wide is the carport? The plan shows the carport extending into the 5' north side yard setback; is this accurate?The As-Built shows an 8.7' wide setback on the west instead of the required 10', a nonconformity. Eaves were added along the entire west side and extend into the 10'front yard setback, and are supported by non-compliant posts.The shed (unknown dimensions) in the rear is in the north 5' side yard setback and the east 10' setback.The carport, walkway, and shed are specifically prohibited in the setbacks. Nonconforming structure violations: The building fails to meet yard, coverage, setbacks requirements. SCC 15.10.315 It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their perpetuation, and to eliminate the nonconformities as rapidly as the law permits. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district. The carport was added by permit but erroneously, enlarging the non-conformity. Eaves along the entire west side are supported by non-compliant posts, also enlarging the non-conformity. Encroachments SCC 7.05.515 - Encroachments. It is the city's policy not to allow new or unauthorized encroachments into any public right-of-way, land or easement. A large planter was recently added to the ROW on the northwest side along Second which should be removed. Other planters in the south ROW should be investigated and perhaps allowed by permit. 4 Page 50 of 94 Snow storage: Where is the snow storage/disposal site? Currently,the snow in front of the building along Second is illegally plowed across the street to a vacant lot. Garbage: Where is the trash can/dumpster/garbage rack site? Currently the trash can is outside the fence in the alley. Bear-resistant trash cans have proven to be ineffective as the rusted and bent latches fail to close after a few years. Most dumpster lids are ineffective against wind and wildlife. A wildlife resistant garbage rack large enough for all the needed cans (how many?) should be required on-site instead. Impact and Property Values: The applicant states other assisted living properties have not affected nearby property values.The group home on Chamberlin is low-key, limited to only 5 residents and a caregiver, and surrounded by woods on three sides.The four-plex on Sixth is limited to a maximum of 16 residents; after the neighbors complained a fence was erected.This property will serve 20 residents, 2-3 on-site caregivers, a clinic, and provide outpatient services, creating a much bigger negative impact on the neighboring homes and neighborhood. The KPB 2021 assessment is$538,300 but the selling price is$1.5 million. Will this"overpriced" listing and subsequent sale trigger a reassessment and raise property values/taxes in the area? Comprehensive Plan: Does not support this development in this location. Volume 1 Page 30: Binding element: Future Land Use Map shows single-family residential for this property and adjacent properties along First and Second Ave. Page 31: Binding element: Zoning Map shows this AC zoned property as an anomaly surrounded by single- family zoning and one UR used as a single-family home.The adjacent uses are all single-family residences. Page 11: "maintain health and safety of residents..." Page 14: "We value the'small town feel' and friendly atmosphere." Page 15: "..people are friendly and you know your neighbors...a comfortable, relaxed attitude..." "We value quiet in our residential neighborhoods. Page 16: "We value effective, accessible, and affordable healthcare...Support educational, preventative and rehabilitation social services" "Support Seaview Community Services..."(But not in conflict with the neighborhood.) Page 17: "Maintain Seward's small town,family-oriented character throughout the growth process." "We value a safe community and a feeling of security." Potential Conditions for CUP to apply"controls and safeguards to assure that the proposed use will be compatible with the surrounding residential neighborhood." SCC 15.10.320 1. Provide accurate, dimensioned site plan that includes property lines and setback lines, and all dimensions of rooms, carport, shed, etc, and corrects fence location, spelling, etc.Show adequate, code, on-site parking. Show location of garbage cans/dumpster/rack. Show snow storage location. 2. Provide ADA parking, access, and housing as required by codes. 3. Correct deficiencies in bedrooms and other areas as required by codes. 4. Provide fire safety measures as required by codes and fire chief. 5. Restrict smoking/vaping to fenced yard away from exterior doors and windows. 6. Remove planter in NW corner to eliminate encroachment into ROW. 7. Remove"detachable" carport and west eave posts to reduce nonconformity and setback encroachments. 8. Remove shed to reduce lot coverage and setback encroachment. 5 Page 51 of 94 9. Provide realistic justification in Comprehensive and Strategic Plan to allow this development in a residential neighborhood and to remove housing options. The four-plex currently provides year-round housing for one family; in the past it provided year-round housing for three families.The proposed facility is treating clients who already have homes. Great idea, unsuitable building and lot, inappropriate location. I appreciate your consideration of my comments and thorough scrutiny of this proposal. Sincerely, Carol Griswold 6 Page 52 of 94 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-009 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING A VARIANCE FROM SEWARD CITY CODE 15.20 SIGNS TO PROVIDENCE SEWARD MEDICAL CENTER, PERMITTING AN EXCEPTION TO THE ZONING CODE TO ALLOW TWO ADDITIONAL SIGNS TO BE PERMITTED ON THE PREMISES LOCATED AT 417 FIRST AVENUE, WITHIN THE INSTITUTIONAL (INS) ZONING DISTRICT WHEREAS, Providence Seward Medical Center has applied for a Variance from the Seward Planning and Zoning Commission to implement a rebranding campaign and upgrade all signage on the premises; and WHEREAS, the applicant is requesting to install two additional signs, for a total of 4 signs which require permits; and WHEREAS, the proposed location is within the INS district; and WHEREAS, Planning and Zoning resolution 1998-09 was approved by the Planning and Zoning approved a sign variance for one additional sign due to the building having two street frontages and two primary occupants: PSMC and SCHC; and WHEREAS, Seward City Code 15.20.055 allows the Planning and Zoning Commission to grant variances in harmony with the general purpose and intent of the Code so long as the spirit and benefits of the Code will be preserved; and WHEREAS, the Commission may vary the rules and regulations or provisions of the Code provided that the Commission, upon due and diligent investigation, makes specific findings that all of the conditions listed in Seward City Code 15.20.055 (3)have been considered; and WHEREAS, as required by Seward City Code §15.01.040, Public Hearings, property owners and lease holders within 300 feet of the requested variance parcel were notified of the proposed action, and the property was posted with public notice signage. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. In accordance with SCC§15.20.055 (a), the Planning and Zoning Commission is authorized to grant special variances from the provisions of the chapter in accordance with the following restrictions. The Commission has reviewed the applicant's request for a Sign Code Page 53 of 94 Seward Planning and Zoning Commission Resolution No. 2021-009 Page 2 of 3 Variance to allow an exception to the Zoning Code to allow for two (2) additional signs for a total of four (4) signs at 417 First Ace, Seward Townsite Marathon Addition Replat Lot IA in the Institutional (INS) Zoning District, and made the following Findings of Fact: 1. To encourage the use of signs which are harmonious with Seward's scenic beauty and historic character, the commission may issue a variance for specific signs up to 1.5 times larger than provided in this chapter. The total area of the proposed sign would not be greater than 1.5 times what is allowed without permit. Photos submitted provide for evidence that the proposed signage is consistent with the Institutional zoning and. 2. A variance may be granted in harmony with the general purpose and intent of this Code by varying the application of rules, regulations or provisions so long as the spirit and benefits of this Code will be preserved. According to the sign ordinance, permitted commercial and industrial uses in the Institutional District are allowed one square foot of signage per lineal foot of street frontage. Signs for other permitted uses, or legal nonconforming uses, are subject to the following limitations: i. One permanent identification sign is permitted for each premises. The area of the sign shall not exceed one square foot for each lineal foot of street frontage, provided that no such sign shall exceed 40 square feet; ii. No sign shall exceed eight feet in height; and iii. Illumination for institutional facilities shall be restricted to indirect lighting. Providence Seward Medical Center is an institutional facility. Lot IA, Marathon Addition has 410 feet of frontage on First Avenue and 200 feet of frontage on Lowell Canyon Road. Existing and proposed signage on the property, not including allowed directional and warning signs, totals 125.4 square feet. The proposed addition of 2 signs would total 281 sq. ft. A variance would meet the intent of this requirement. 3. The commission may vary the rules and regulations or provisions of this Code provided the commission, upon due and diligent investigation, makes specific findings that all of the following conditions have been considered: i. The variance will not constitute a grant of a special privilege inconsistent with the limitation upon signage and uses of other properties in the vicinity and zone in which the property, on behalf of which the application as filed, is located; This would not constitute special privilege as any citizen could apply for a variance in allowable square footage. ,','. That such variance is necessary because of special circumstances such as, but not limited to, health and safety or the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. The sign face of both proposed signs is within the Page 54 of 94 Seward Planning and Zoning Commission Resolution No. 2021-009 Page 3 of 3 allowable square footage of 200 sq. ft. measuring 3' x 15' for 30 sq. ft. area and 6' x 21' 126 sq. ft. area for a total of 156 sq. ft. SCC 15.20.040 (B) (2)and 15.20.040(E)(2) iii. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the zone in which the subject property is situated. There is no indication that granting this sign variance will be materially detrimental to the public welfare, or other property in the vicinity or the Industrial Zoning District the subject property is situated. Section 2. The Planning and Zoning Commission hereby approves, the applicant's request for a Sign Code Variance to allow an exception to the Zoning Code to allow an additional two signs for a total sign area greater than 200 sq. ft., at Seward Townsite Marathon Addition Replat Lot IA, 417 First Ave. in the Institutional (INS) Zoning District. Section 3. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6m day of April, 2021. THE CITY OF SEWARD Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: None ATTEST: Brenda Ballou, MMC, City Clerk (City Seal) Page 55 of 94 P&Z Agenda Statement Meeting Date: April 6, 2021 s, To: Planning and Zoning Commission Through: Jackie C. Wilde, Community Development Director Agenda Item: RESOLUTION 2021-009 Of the Seward Planning and Zoning Commission, granting a variance from Seward City Code 15.20 signs to Providence Seward Medical Center, Permitting an Exception to The Zoning Code to Allow Two Additional Signs to be Permitted on the premises located at Seward Townsite Marathon Addition Replat Lot IA, 417 First Ave. Physical address of 417 First Avenue, within the Institutional (Ins) Zoning District BACKGROUND &JUSTIFICATION: Providence Seward Medical Center has applied for a variance from the Seward Planning and Zoning Commission to implement a rebranding campaign and upgrade all signage on the premises. The applicant is requesting to install two additional signs, for a total of 4 signs which require permits; Planning and Zoning resolution 1998-09 was approved by the Planning and Zoning approved a sign variance for one additional sign due to the building having two street frontages and two primary occupants: PSMC and SCHC; and The Commission is authorized to grant special variances from the provisions of Chapter 15.20 in accordance with the following restrictions 1. To encourage the use of signs which are harmonious with Seward's scenic beauty and historic character, the commission may issue a variance for specific signs up to 1.5 times larger than provided in this chapter. Each applicant for such variance shall submit a scale drawing and a color rendering of the proposed sign(s)in relation to its surroundings. The total area of the proposed sign would not be greater than 1.5 times what is allowed without permit. Photos submitted provide for evidence that the proposed signage is consistent with the Institutional(INS)Zoning District Z. A variance may be granted in harmony with the general purpose and intent of this Code by varying the application of rules, regulations or provisions so long as the spirit and benefits of this Code will be preserved. According to the sign ordinance, permitted commercial and industrial uses in the Institutional District are allowed one square foot of signage per lineal foot of street frontage. Signs for other permitted uses, or legal nonconforming uses, are subject to the following limitations: i. One permanent identification sign is permitted for each premises. The area of the sign shall not exceed one square foot for each lineal foot of street frontage, provided that no such sign shall exceed 40 square feet, A No sign shall exceed eight feet in height,and Page 56 of 94 Planning and Zoning Agenda Statement Resolution 2020-13 Page 2 of 3 W. Illumination for institutional facilities shall be restricted to indirect lighting. Providence Seward Medical Center is an institutional facility. Lot IA, Marathon Addition has 410 feet of frontage on First Avenue and 200 feet of frontage on Lowell Canyon Road. Existing and proposed signage on the property, not including allowed directional and warning signs, totals 125.4 square feet. The proposed addition of 2 signs would total 281 sq. ft. A variance would meet the intent of this requirement. 3. The commission may vary the rules and regulations or provisions of this Code provided the commission, upon due and diligent investigation, makes specific findings that all of the following conditions have been considered: i. The variance will not constitute a grant of a special privilege inconsistent with the limitation upon signage and uses of other properties in the vicinity and zone in which the property, on behalf of which the application as filed, is located; This would not constitute special privilege as any citizen could apply for a variance in allowable square footage. ii. That such variance is necessary because of special circumstances such as, but not limited to, health and safety or the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; The sign face of both proposed signs is within the allowable square footage of 200 sq. ft. measuring 3'x 15'for 30 sq. ft. area and 6' x 21' 126 sq. ft. area for a total of 156 sq. ft. SCC 15.20.040 (B) (2) and 15.20.040(E)(2) iii. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the zone in which the subject property is situated. There is no indication that granting this sign variance will be materially detrimental to the public welfare, or other property in the vicinity or the Industrial Zoning District the subject property is situated. 4. In granting a variance, the commission may attach thereto such conditions regarding the location, character and other features of the proposed sign as it may deem necessary to carry out the spirit and purpose of this code of moderating the size, number and obtrusive placement of signs and reduction of clutter in the public interest. Page 57 of 94 Planning and Zoning Agenda Statement Resolution 2020-13 Page 3 of 3 Staff Comments Staff has reviewed the Sign Variance Application and no objections were reported. Department Comments No Comment N/A Building Department x Fire Department x Public Works x Department Harbor Department x Police Department x Electric Department x Telecommunications x 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. Any comments received after this publication will be presented as a lay down to the Commission and the public at the April 6, 2021 meeting. RECOMMENDATION: Based on the findings provided in Resolution 2021-009, staff recommends granting a variance from Seward City Code Providence Seward Medical Center, permitting an exception to the zoning code to allow for a total sign area greater than 200 sq. ft. To allow an additional two signs for a total sign area greater than 200 sq. ft., at Seward Townsite Marathon Addition Replat Lot IA, 417 First Ave. in the Institutional (INS) Zoning District. Page 58 of 94 D 9@g�'Sg 0 � MAR 2021 City of Seward Community Development APPLICATION FOR SIGN VARIANCE City of Seward Planning and Zoning P.O.Box 167,Seward,Alaska,99664 907-224-4048 Completed applications should be submitted to the Community Development Department. Planning and Zoning meetings are scheduled the first Tuesday of each month. Completed applications must be turned in at least 3 weeks in advance of a Planning and Zoning meeting in order to be heard at that meeting. Property OwnedAgentOwner's Contractor(If Any) Name: City of Seward,D13A Name: i-J Providence Seward Medical&Care Center } �Wowl 0 k" Ci of Seward Business Li #: Mailing Address: P.O.Box 430 Alaska Business License ff: Seward.AK 99664 c�c Contractor's License#: t Contact Phone: 17 a es da fv 40MAw ra— 907_224-2878 MailiLig Address: Contact Phone: S E-mail: Robert.Rang@providence.org E-mail: a t e r t ,rirt Property Information Size of Property:Hospital-2.320 acres Property Tax#:Hosptial- 14801010 Street Address: Hospital-417 First Ave,Seward,AK Legal Description: Lot(s) Block Subdivision OR Parcel: 14801010 Section Township Range [Attach additional page if necessary] Zoning: ❑City Limits DRural Residential(RR) ❑Single Family Residential(Rl)) OTwo Family Residential(R2) OMultiple Family Residential(R3) ❑Urban Residential(UR) ❑Office Residential(OR) ❑Harbor Commercial(MC) ❑Auto Commercial(AC) ❑Central Business District(CB) ❑industrial(1) NInstitutional(INS) F-Park(P) ❑Resource Management(R) - _ _ Page 59 of 94 The application must be accompanied by: ❑Fee$100.00 ❑As-Built Survey by a surveyor registered in the State of Alaska(if already developed) or ❑ Scaled site plan of undeveloped land which shows. ❑ Property dimensions ❑ location and dimensions of existing and planned buildings. Drawing of proposed sign IR location and dimensions of existing signs ApRlicant seeks a variance from the following general re uiremen s : A. Variance Et nest for Code Sections : Code must be referenced 15.20.040"Sign Standards By Zoning district which require permits",section E B. The existing situation is: Current signage has Providence co-branded with"Seward Community Health Center"on the sign cabinet at the entrance.Providence would like to create an independent brand presence adding the new masterbrand (+Providence)on the south fascia facing the street,and the ministry name"Seward Medical Center"on the east fascia above the entrance. C.Granting this variance would permit: More prominent branding for Providence which aligns with our new brand imperatives to market our vast and comprehensive network of health rare services providing value-based health reform in our communities,and recruiting the brightest minds and biggest hearts to our ministries.Having independent signage and clearly calling out the ministry name help awareness to patients,visitors and caregivers. D.What structures are located on the property? e hospital is located on the property at 417 First Ave.Long term care facilities are located at 2203 Oak St. E.What is the existing use of the property? Medical care. F.What is the proposed use of the property? Same as above.No change in usage. G.What is your development time schedule? Target installation.August. Need approximately G weeks prior to fabricate signage.This means we would prefer variance and permit approval by July 1. .-----Page 60 of 94 e Planning&Zoning Commission is authorized to grant special variances from the provisions of Chapter 15.20 to encourage the use of signs which are harmonious with Seward's scenic beauty and historic character. The Commission is required to evaluate applications for variances in accordance with the restrictions outlined below. Please provide responses below to items applicable to the sign variance you are requesting. Please use dditional paper if there is not enough room here for your response. Failure to document your ase reduces the likelihood of your variance bei anted. To encourage the use ofsigns which are harmonious with Seward's scenic beauty and historic crracter,the commission may issue a variance for specific signs rip to 1.5 times larger than provided in Us chapter: Each applicant for such variance shall submit a scale drawing and a color rendering of the NwJvsed si s in rdladOn to its surroundin s discuss below&attach separate sheet with rendering) Providence is not seeking signage larger than is specified in the sign code_The render provided should meet the required 40 sq ft maximum allowed. .A variance may be granted in harmony wdh the general purpose and intent of this Code by varying the licattiorr of rules,regulations or provisions so long as the spirit and benefits of this Code will be reserved Providence's brand colors are complementary to the earth tunes using green and blue,which blends well into the landscape. It is not our objective to be laud or in contrast with the geography.Our brand standard is to have our building signs illuminate white at night through the face of the letters.If this is not acceptable,we are prepared to accept halo illumination which provides indirect light(shining on the building fascia,as opposed outward to viewers). 3. The commission may vary the rubs and regulations or provisions of this Cade provided the commission,upon due and diligent investigation,makes speck findings that all of the following ndkions have been considered. A The variance will not constltnte agrant of a special privilege inconsistent with the limitation upon sign age and uses of other property"es in the vicinity a►ad zone in which Aepropeny,on behalf of which the application as filed,is located -- Page 61 of 94 R. That such variance is necessary because of special circumstances such as,but not limited to,health and safety or the size,shape,topography,location or surroundings of'the subject property,to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the tone in which the subject property is located; G That the gnm ing of such variance will not be materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the tone in which the subject property is situated F nting a dance,the commission may attach thereto such conditions re�uding the location, ter and otherfeatures of the proposed sign as it may deem teary to carry out the spirit and e of this code of moderating the size,number and obtrusive placement of signs and redaction of in the ublic interest by certify that all statements and other information submitted arc:true and accurate to the f my knowledge, and that 1, as applicant, have the fallowing legal interest in the rty: fawner of record.; Lessee; Contractor;_ duly authorized to act for a n who has the following legal interest : and that the owner of record is knowledgeable of this application if 1 am not the owner. I understand that the ariance fee is anon-refundabte to cover the cost associated wA*processing this application and that it does not assure gpprotmt of the variance. Owner or Agent Date ROVISIONS:The applicant is advised that issuance of this permit will not relieve responsibility of the caner or owner's agents to comply with the provisions of all laws and ordinances,including federal,state d focal jurisdictions,which regulate construction and performance of construction,or with any private deed restrictions.. Office Use Only Below This line ❑Fee$100.00 © Site Plan ❑Location Map INCOMPLETE APELICATIONS WILL NOT HLACCEEM __ _ Page 62 of 94 0 m -u A r n D cn -o .0 C) o Z1 v "F (D n (D N. Cl) 3 7 f� (D fp D) //� D VJ D) O �. D m rn o 5 �' m (a n < ° 5 D) = O ^' FD v (D YiJ � (D (Q 0 (D m (D n ¢ (D O CD U I * < O N 3 - m Cn 9' 0 n. Cn M .xx CO, a a ID CO, N to m o 3 < O (D ■ M 3 { C. 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CD 0) _0 Page 68of 94 Sponsored by Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION NO. 98-09 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, APPROVING PROVIDENCE SEWARD MEDICAL CENTER'S INFORMATION AND DIRECTIONAL SIGN PLAN AND GRANTING LOCHER INTERESTS LTD. A SIGN VARIANCE FOR PSMC WHEREAS, the Conditional Use Permit issued by the Planning and Zoning Commission for Providence Seward Medical Center required that an informational and directional sign plan be approved by the Commission; and WHEREAS, on April 8, 1998, the City of Seward, Community Development Department sent a letter to Providence Seward Medical Center which identified that the "Emergency" signs at the facility were in violation of the City Sign Ordinance because they were internally illuminated; and WHEREAS, the Sign Ordinance stipulates that in the Institutional District one permanent identification sign is permitted for each premises, provided that no such sign shall exceed 40 square feet, and that signs for institutional facilities shall be restricted to indirect lighting; and WHEREAS, the letter also noted that an informational and directional sign plan had not yet been submitted to the Planning and Zoning Commission for review and approval as required by the Conditional Use Permit issued for the development and operation of Providence Seward Medical Center; and WHEREAS, in response to that letter, Locher Interests Ltd., on behalf of Providence Seward Medical Center, has submitted the facilities sign plan and applied for a sign variance to exceed the maximum allowed sign size of 40 square feet, and allow three internally illuminated signs at PSMC; and WHEREAS, Seward City Code § 12.10.055 allows the Planning and Zoning Commission to vary the rules, regulations or provisions of the sign code provided that the commission, upon due and diligent investigation, makes specific findings that the conditions listed in Section 1 have been considered. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Seetion_1 The Commission has reviewed the sign variance request for Providence Seward Medical Center and made the following findings in accordance with SCC § 12.10.055: Page 69 of 94 Seward Planning and Zoning Commission Resolution No. 98-09 A. The variance will not constitute a grant of special privilege inconsistent with the limitations upon signage and uses of other properties in the vicinity and zone in which the property is located. According to the sign ordinance, permitted commercial and industrial uses in the Institutional District are allowed one square foot of signage per lineal foot of street frontage. Signs for other permitted uses, or legal nonconforming uses, are subject to the following limitations: 1. One permanent identification sign is permitted for each premises. The area of the sign shall not exceed one square foot for each lineal foot of street frontage, provided that no such sign shall exceed 40 square feet; 2. No sign shall exceed eight feet in height; and 3. Illumination for institutional facilities shall be restricted to indirect lighting. Providence Seward Medical Center is an institutional facility. Lot 1A, Marathon Addition has 410 feet of frontage on First Avenue and 200 feet of frontage on Lowell Canyon Road. Existing and proposed signage on the property, not including allowed directional and warning signs, totals 125.4 square feet. B. The variance is necessary because of special circumstances such as, but not limited to, health and safety or the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. According to Locher Interests Ltd.: The three signs direct the public to the medical center emergency entrance where life saving measures are performed. These signs are utilized by the majority of the City's citizens and visitors, and there are life-safety implications associated with reducing sign size and lighting. PSMC has, in fact, already turned off the internal lighting for the EMERGENCY sign facing Lowell Canyon in response to requests from a few of the neighbors. The impact will be minimal since the sign facing east serves the majority of the public. The sign types and sizes were selected specifically for this facility by the medical center design team. A significant amount of effort was spent to insure all design guidelines and standards were met. It is not advisable to deviate from this design, especially when it could impact the safety of the community. Considering that Providence Seward Medical Center has already turned off the lighting for the sign facing west, towards Lowell Canyon, it does not appear necessary for this sign to be illuminated. The EMERGENCY sign facing Lowell Canyon serves very little purpose since Lowell Canyon Road is a dead end, and anyone living or traveling west of the medical center on f Lowell Canyon Road must pass the east facing sign. ` Page 70 of 94 Seward Planning and Zoning Commission Resolution No. 98-09 C. Granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. It does not appear that granting the requested sign variance will cause any negative effects to the public welfare, or other property in the Institutional Zoning District. In response to this condition, Locher Interests Ltd. has stated the following: The internally lit nature of the sign designs do not detract from the surroundings and are less obtrusive than indirect illumination from shining lights. The signs were designed to compliment the overall building and surrounding neighborhood. Secfion 2 The Community Development Department is hereby authorized to issue a sign variance to Locher Interests Ltd. to allow the following signs at Providence Seward Medical Center on Lot 1A, Marathon Addition: 1. One internally illuminated directional sign at the main parking lot entrance; and 2. One internally illuminated EMERGENCY sign facing east. Sectign 3. The submitted informational and directional sign plan for Providence Seward Medical Center is hereby approved subject to the following conditions: 1. The west facing EMERGENCY sign must remain non-illuminated; and 2. The illuminated directional sign at the main parking lot entrance must be located outside of the site distance triangle as required by Seward City Code § 15.20.035(B). Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this bth day of May, 1998. THE CITY OF SEWARD, ALASKA Wayn Carpent , Chairman AYES: Carpenter, Darling, Larson, Martin, Niebrugge, Smith NOES: None ABSENT: Griswold ABSTAIN: None Page 71 of 94 CITY OF SEWARD SIGN PERMIT NO. 2014-06 ISSUED TO: Seward Community Health Center ISSUE DATE: 10/23/2014 LOCATION: 417 First Avenue,within the Institutional Zoning District This Sign Permit is granted to the above named applicant by the Community Development Office to allow the following 27 square foot freestanding sign(approximately 8.75 feet x 3 feet)and wall sign (approximately 28 square feet). Please note that the identification sign allowance is being divided between two.entities on the medical campus, Seward Community Health Center and Providence. Identification signs in the Institutional Zone are limited to a maximum of 40 square feet.Because of the public life safety issues for the facility and the corner lot location requiring access from two sides of the property,.2 signs,less than 40 square feet are being allowed. Sign#1—Freestanding sign, illuminated—27 square feet. Sign#2—Wall sign, illuminated—28 square feet. FEE PAID: Yes RECEIPT: Journal Entry by Finance DATED this 23rd day of October 2014 THE CITY OF SEWARD,ALASKA By. Donna Glenz Planner *NOTE: THE ISSUANCE OF THIS PERMIT DOES NOT PRECLUDE COMPLIANCE WITH THE CITY OF SEWARD, THE KENAI PENINSULA BOROUGH, FEDERAL OR THE STATE OF ALASKA REGULATIONS. Page 72 of 94 Sign Permit Review Date: 10/23/2014 Name: Jilian Chapman Business Name: Seward Community Health Center/Providence Location: 417 First Avenue Legal: Block IA, MARATHON ADDN Zoning District: Institutional Street Frontage: 435 feet- First Ave 200 feet—Lowell Canyon Road Total Signage allowed for property: 1 identification Sign Maximum of 40 Square Feet (SSC-i sq.ft/i lineal foot of frontage to a max of 40 square feet for an identification sign) Because of the public life safety issues for the facility and the corner lot location requiring access from two sides of the property,2 signs,less than 40 square feet are bei all wed(.� (CBD—2 sq. ft/ 1 lineal ft frontage) Area Type/Description Allowed? Size Allowed? Height Allowed? North South: Yes 27 sq. ft. Yes 5 ft. Yes 1 free-standing (Approximately) ' sign, illuminated West: Yes 28 sq. ft. Yes > 8 ft. Yes (Installed height) 1 wall sign, illuminated East i i L� Page 73 of 94 March 26, 2021 Re: Resolution 2021-09, sign variance Dear P&Z Commissioners and Administration, A request by Providence to add two more signs is not supported by the sign variance intent or procedure in Seward City Code. Providence is not seeking larger signs to enhance Seward's scenic beauty and historic character.The intent is to increase branding and marketing exposure by separating their shared signs from Seward Community Health Care Center at their shared facility, and signing the emergency entrance. The 15.20.055 Sign Code Variance Procedure sections 3A, B,and C are blank on the application as there are no findings to support their request: 3A) A variance for this purpose will grant special privilege inconsistent with the limitations that apply to everyone else and should be denied. 36) A variance is not necessary due to any special circumstances; it's just a name change that should be updated on the existing parking lot entrance sign and existing sign over the main entrance. A co-joined facility must share also the signs to reduce clutter. Visitors just need to know 417 First Ave is the site of both Providence Seward Medical Center and Seward Community Health Care Center, and share the same main entrance. We're not interested in "independent brand presence" or"masterbrand" concepts. 3C) There already is an internally illuminated sign for both Providence Medical &Care Center, and Seward Community Health Care Center above the main entrance on the building's east side. Placing the requested separate "Seward Medical Center" sign on the building's east fascia above the entrance is confusing as it eliminates"Providence" and leaves the older name on the existing sign. If the intent is to change the name, be consistent and have the updated name on both the co-located entrance parking lot sign and the sign above the main entrance. Adding a "+Providence" sign on the south fascia facing the street is also confusing, unnecessarily disrupting the emergency facility by attracting non-emergency patients to the emergency entrance instead of the main entrance.The only signs needed there are the internally illuminated "EMERGENCY" signs on the east and west fascia above the emergency room entrance. 4) Note "to carry out the spirit and purpose of this code of moderating the size, number and obtrusive placement of signs and reduction of clutter in the public interest." Is best served by denying this application.We don't need more obtrusive signs cluttering up this building, especially in a residential neighborhood. "More prominent branding for Providence which aligns with our new brand imperatives to market our vast and comprehensive network of health care services providing value-based reform in our communities and recruiting the brightest minds and biggest hearts to our ministries. Having independent signage and clearly calling out the ministry name help awareness to patients,visitors, and caregivers." This intent is better suited to their marketing arm and website, not to the physical site. Please deny this application for a sign variance based on the above findings that it does not comply with the Seward City Code or the intent of the variance, and encourage Providence to update the two existing co- located signs to their correct, current name. Sincerely, Carol Griswold Inside city limits Page 74 of 94 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-010 RESOLUTION 2021-10 OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVE THE RENAMING OF DAIRY HILL LANE TO CHAMBERLIN ROAD LOCATED NORTH AND WEST OF THE SEWARD LAGOON, IN THE CLIFF ADDITION TO SEWARD TOWNSITE WHEREAS, on February 9, 2021 Steven C. Lierer petitioned the Community Development Department requesting that Dairy Hill Lane be renamed and merged with Chamberlin Road; and WHEREAS, Dairy Hill Lane runs from its intersection with the Seward Highway to the first curve near the top of the hill west of the Seward Lagoon; and WHEREAS, Dairy Hill Lane was officially named by Council resolution 93-032; and WHEREAS, Dairy Hill Lane turns into Chamberlin Road where a portion of U.S. Survey 241 meets Cliff Addition to Seward Townsite; and WHEREAS, in order to alleviate confusion with addressing, and ensure prompt emergency services to the area, there is a need to eliminate Dairy Hill Lane; and WHEREAS, City Council Resolution 85-10 established a Street-Naming and numbering system provide a standard approach to the naming and numbering of streets within the City limits; and WHEREAS, the Chamberlin Road recommendation meets all sections of the Resolution 85-10 street Naming& System; and WHEREAS, the official naming of any drive surface within the City must be designated by a platting action or a Resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends the City Council approve the official renaming of Dairy Hill Lane to Chamberlin Road. Page 75 of 94 Seward Planning and Zoning Commission Resolution No. 2021-010 Page 2 of 2 Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6m day of April, 2021. THE CITY OF SEWARD Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) Page 76 of 94 P&Z Agenda Statement Meeting Date: April 6, 2021 To: Planning and Zoning Commission Through: Jackie C. Wilde, Community Development Director Agenda Item: Resolution 2021-010 of The Planning and Zoning Commission Recommending City Council Approve the Renaming of Dairy Hill Lane to Chamberlin Road BACKGROUND &JUSTIFICATION: February 9, 2021 Steven C. Lierer petitioned the Community Development Department requesting that Dairy Hill Lane be renamed to Chamberlin Road. Mr. Lierer provided backup documents explaining the need for the rename and street merge. Dairy Hill Lane which runs from the Seward Highway to the first curve near the top of the hill, was dedicated by plat 2000-21. Prior to that plat, it was an unofficial place name in use since the 1950's. In 1960, plat no. 28 identified a 60-foot-wide strip of land(Dairy Hill Road)within US Survey 241. Dairy Hill Lane was officially named by City Resolution no. 93-032. Dairy Hill Lane turns into Chamberlin Road where U.S. Survey 241 meets with Cliff Addition. Further south, Chamberlin Road turns into Second Avenue where Cliff Addition and Laubner Addition meet. Chamberlin Road was dedicated by the Cliff Addition in 1916. Its original name was Government Road. In 1990 the City Council changed the name to Chamberlin Road in honor of E.E. Chamberlin, a longtime resident of Seward, former City Councilmember, Mayor, Territorial Senator, and accomplished gardener, who lived on Government Road. In order to alleviate confusion with addressing, and ensure prompt emergency services to the area, there is a need to eliminate Dairy Hill Lane. City Council Resolution 85-10 established a Street-Naming and numbering system provide a standard approach to the naming and numbering of streets within the City limits. The recommendation to rename, Dairy Hill Lane to Chamberlin Road, meets all sections of the Resolution 85-10 Street Naming & System. In order to add a road name to the Kenai Peninsula Borough (KPB)E911 Master Street Addressing Guide (MSAG), the road must be officially named by Council Resolution or accepted through platting action. CONSISTENCY CHECKLIST: Yes No N/A 1 . Comprehensive Plan (2030, approved by Council 2017): X 2. 1 Strategic Plan 1999 : X RECOMMENDATION: Approve Planning and Zoning Resolution 2021-010 recommending City Council officially rename Dairy Hill Lane to Chamberlin Road. Page 77 of 94 February 9, 2021 Steven C, Leirer P0 Box 524 Seward, AK 99664 City of Seward City Manager P O Box 167 Seward, AK 99664 Subject: PEETITION FOR MERGING CHAMBERLIN ROAD AND DAIRY HILL LANE TO ONE ROAD RENAMED IT"CHAMBERLIN ROAD" CONVECTING TO THE SEWARD HIGWAY Attention Plarming Department: Please reference the replat (copy attached) completed in 2016. This plat established the Lagoon and the Benny Benson park as a parcel known as Tract 1, for the purpose of creating the boundaries of said tract; and correcting, defining, and widening the right of way on Chamberlin Road and Dairy Hill Lane that connects to the Seward Highway. (Reference the Replat, Oceanview Subdivision, Benny Benson Park, Jan 1,2016) Dairy Hill Lane existed for many years, but was never established or legally plated as a road. The first platting of Dairy Hill Lane was established as a road right of way, under Replat 2000-21. (Copy attached) The surveyors in 2000, discovered this defect, and granted land owned by the Leirer's to the road to correct the problem. With this change, the connection of Chamberlin Road and Dairy Hill Lane was still ineffective on the Plat at its intersection where the two roads meet. The Benny Benson Replat partially corrected this defect and right of way problem, where these two roads meet. Going forward,we request the following changes: Eliminating the name of Dairy Hill Lane• and change to one road name: Chamberlin Road This will relieve confusion of having two different names for one Road. Under internet mapping programs, directions are very confusing; we have witnessed this confusion with out-of-town travelers, There is no reason to have two names for one continuous road. Many years ago, Pat Williams mentioned this defective street naming. Change the street address for the residence of Steven C. Leirer to 1415 Chamberlin Road. My current address is 100 Dairy Hill Lane. We are on a private Drive extending off of Chamberlin Road. A correct number such as, 1415 Chamberlin would be beneficial. Currently there is much confusion with the public. Fed X, and UPS over the current address we use because of the use of Dairy Hill Lane. Drivers, using their GPS or I-phone map directions become confused with the Dairy Hill Lane/Chamberlin Road intersect. Removing Dairy Hill lane and replacing it with Chamberlin Road would help correct this problem. Please inform me of the channels and steps necessary in the City and Borough Governments to make these changes effective. What is the process for my request? We can correct GOGGLE later. Don't go National, Focus Local. 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OU, w r ADAMS Providence Seward Sign Variance Application Mediccal Center - _ = N Drawn By: AB 3/16/2021 Due to di Ferent data sources property lines and aerial 0 150 300 600 Feet imagery do not overlay correctly. Map is to be used for # orientation and reference purposes only. Mapping Assistance by Alaska Map Company,LLC Page 82 of 94 Sponsored by: lones, • CITY OF SEWARD, ALASKA RESOLUTION NO. 93-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING STREET NAMES FOR PHOENIX ROAD, BROWNELL STREET, ALICE STREET, CHISWELL STREET, DAIRY HILL LANE AND LEIRER ROAD WHEREAS, during the development of the city's street naming and addressing process, it was important that all streets be named with as few conflicting names as possible; and WHEREAS, on January 14, 1985, Council approved a recommendation made in a staff memorandum naming various streets within the city; and WHEREAS, other than a motion to approve the names recommended in the memorandum, there is no public record of those names; and WHEREAS, lending institutions, utility companies and title companies require • proof of address verification; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. For the public record, Council reaffirms the January 14, 1985, motion approving the following street names: a) Leirer Boulevard, as noted on Clearview Replat No. 2, and First Avenue,between B and C Streets, as noted on the Bayview Addition Plat, shall be renamed Phoenix Road. b) The alley, within Block 12, Original Townsite, between Adams and Washington Street, shall be named Brownell Street c) The unnamed right of way,noted as"existing road",located between Resurrection Boulevard, as noted on the Clearview Subdivision Plat No. 23, and Leirer Boulevard, as noted on Clearview Replat No. 2, shall be named Alice Street. d) The alley, within Bayview Addition, Block 3, between B Street (currently Barwell) and C Street (currently Caines), shall be named Chiswell Street Page 83 of 94 CITY OF SEWARD, ALASKA RESOLUTION NO. 93-032 e) The road, at the north end of the Lagoon Park,between the Seward Highway and Chamberlain Road, shall be named Dairy Hill Lane. f) The frontage road, (formally the Old Seward Highway), along the east side of the railroad tracks extending northerly from Port Avenue, (formally Old Airport Road), to the Seward Highway, shall be named Leiner Road. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska,this 22nd day of March, 1993. THE CITY OF SEWARD, ALASKA Aat�Q- U9. o'tcL� Dave W. Crane, Mayor • AYES: Bencardino, Crane, Krasnansky, Sieminski, Swartz & White NOES: None ABSENT: Darling ABSTAIN: None ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson and Brecht, Attorneys for the City of Seward 4Ciity S. urp y, C GAA Thomas F. Klinkner e City Attorney (City Seal) Page 84 of 94 Sponsored by: Administration CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-007 A RESOLUTION RECOMMENDING CITY COUNCIL APPROVE THE WALKABLE MURAL APPLICATION GUIDELINES AND ADMINISTRATIVE POLICY WHEREAS, the City Council directed the Planning and Zoning Commission to provide an application for allowing walkable mural crosswalks on city property; and WHEREAS, the Community Development Director worked with the Public Works Director and multiple cities across the United States to make a walkable mural crosswalk application with guidelines; and WHEREAS,after September 15, 2020 work session the Planning and Zoning Com- mission reviewed a draft application allowing walkable mural crosswalks; and WHEREAS, The Planning and Zoning Commission hereby recommends the City Council to approve the Walkable Mural Crosswalk application as the guidance document for the standards and factors to be applied in considering the establishment of a walkable mural crosswalk. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION that: Section 1. The Commission recommends the attached application and guidelines for permitting Walkable Mural Crosswalks on city-owned property to the City Council for consideration. Section 2. All applications for establishment of a walkable mural crosswalk by any party shall be filed with the Community Development Department. Page 85 of 94 Section 3. The Planning and Zoning Commission hereby adopts the City of Sew- ard Walkable Mural Crosswalk application as the guidance document for the stand- ards and factors to be applied in considering the establishmentof a walkable mural crosswalk. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Planning and Zoning Commission this 6m day of April, 2021. THE CITY OF SEWARD,ALASKA Cindy L. Ecklund Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: None ATTEST: Brenda Ballou City Clerk, MMC (City Seal) Page 86 of 94 r pF SE•ty 4[AS►iP I 11 � I � I • / / I di _ f _ .,� •.�:.. •+fir ,» �� r City of Seward 5 Walkable Mural Crosswalk Permit Application Walkable Mural Crosswalks Project Information Proposed Location: City of Seward permits community organizations to Anticipated Installation Date: install Walkable Mural crosswalks to promote neighborhood identity and place by following the guidelines and conditions below. Contact Information Applicant Information (best contact) Design Guidelines Name: • Transverse Crosswalks must keep the two(2)white Address: transverse lineswith reflectivity to be compliant with Phone: minimum crosswalk standards. Artwork must be Email: contained within the two transverse(horizontal) lines. • Longitude Crosswalks must keep the white Entity Information vertical lineswith reflectivity to be compliant with Name or Organization: minimum crosswalk standards. Artwork must be Address: contained within solid white vertical lines in a Longitude(vertical) crosswalk Phone: • Artwork shall not contain white, yellow, or red in a way Email: which could be confused as traffic control devices. • No logos,text, or advertising. How to Apply • No octagons or triangles, or shapes that could be confused with a traffic control device. Complete This Application Attach required attachments shown Location Requirements on page two and sign application. • Must be at one of the approved locations where there Applications must be turned in 60 days is already a marked crosswalk and traffic is required prior to anticipated installation date to be to stop because of a stop sign or traffic signal. considered. • Approved on local or collector streets where speeds do not exceed 25 mph. Other streets may be considered at ion the discretion of the Public Works Director. Submit d • If pavement is in poor condition, materials will notbond; Submit Signed Application and pavement must be in satisfactory condition in order to Attachments to receive approval. i)lanninFF@cityofseward.net Materials & Installation Community Development and Public Works • Applicant must be a local maintenance district, business Review improvement district, or other City-based entity which Staff will respond to verify receipt, review agrees to install, maintain, and provide any necessary application and forward for approval to Public traffic control during installation. works. Public Works Staff will review • Street-Grade Paint must provide a non-slip surfacefor application,traffic control and maintenance pedestrians and be non-reflective. plan and then return to Community • Materials used must be approved by Public Works Development with comments and or for Transportation & Mobility. conditions. • An approved traffic control plan and Working in the Approval or Denial Right of Way permit must be issued every time the Once review is done by all necessary walkable mural/crosswalk requires maintenance. departments Community Development will Maximum road closer is 48 hours issue a permit. Page 88 of 94 Attachments to the Application Attach a site plan of your proposed location along with a photograph of existing conditions. The site plan should include: • Application Fee $500- non-refundable • Deposit $1,500 for 3 years • Location of Proposed Crosswalk • Intersecting Street Names • List of Proposed Paint, Materials and Color Specifications • Design Drawing • Working in the Right of Way Permit • Traffic Control Plan & Drawing Applications must be turned in 60 days prior to anticipated installation date to be reviewed. Applications without the above attachments will not be approved. Maintenance and Permit Holder Agreement 1. Walkable Mural/Crosswalk permit holders are responsible for installing and maintaining the art within the crosswalk and understands that the City will not maintain the artwork, and will not replace artwork if the crosswalk fades, is damaged, or is not adequately maintained. Approved permits are valid for 3 years. 2. Walkable Mural/Crosswalk permit holders understand that roads are subject to repaving and maintenance at any time and that City will not be held responsible for replacing the artwork shall this occur. 3. At the program's discretion, additional permittee responsibilities may be stated on the Working in the Right of Way permit. 4. No modification shall be made to any crosswalk installation that was authorized by a Working in the Right of Way permit without prior approval from the Community Development and Public Works Director. 5. Failure to maintain approved Walkable Mural crosswalk will result deposit being forfeited and the crosswalk being returned to its prior condition upon repaving the street, or during regularly scheduled maintenance. 6. A traffic control plan and Working in the Right of Way permit must be permitted every time the Walkable Mural crosswalk requires maintenance. 7. Failure to adhere to these permitee responsibilities may result in the issuance of administrative citations,the removal of the crosswalk art, and revocation of the street occupancy. Indemnity Agreement As a condition of the permit requested,the permit holder agrees to defend, indemnify, reimburse and hold harmless City, its appointed and elected officials, agents and employees for,from and against all liabilities, claims,judgments,suits or demands for damages to persons or property arising out of, resulting from, or relating to the work performed under the permit("Claims"), unless such Claims have been specifically determined by the trier of fact to be the sole negligence or willful misconduct of the City. This indemnity shall be interpreted in the broadest possible manner to indemnify City for any acts or omissions of the holder of the permit or its subcontractors either passive or active, irrespective of fault, including City's concurrent negligence whether active or passive, except for the sole negligence or willful misconduct of City. By submitting this application, I understand and agree to the above agreements as conditions of the permit requested. Signed: Date: Office use only each department must initial&Date for approval P &Z Resolution Community Development Public Works Maintenance Agreement Fee Paid$ Deposit Paid$ Permit Issued / / Comments: Page 89 of 94 WALK4BLE MURALS CROSSWALK PROJECTS DESIGN GUIDELINES • Crosswalks must contain two white transverse lines with reflectivity to be compliant with minimum crosswalk standards. Artwork must be contained within the two (2) Transverse (horizontal) lines or between the Longitude (vertical) lines. • Painting between the solid white vertical lines in a continental crosswalk is not allowed per federal guidelines. • Artwork shall not contain, white, yellow, or red in a way which could be confused as traffic control devices. • Nor contain logos, text, or advertising. • Nor contain octagons or triangles, or shapes that could be confused with a traffic control device. LOCATION REQUIREMENTS • Must be at a location where there is already a marked crosswalk. • Approved on local or collector streets where speeds do not exceed 30 mph. Arterial streets will be considered at the discretion of the City. • If pavement is in poor condition, materials will not bond; pavement must be in satisfactory condition in order to receive approval. MATERIALS & INSTALLATION • Applicant must be a local maintenance district, business improvement district, or other community-based entity which agrees to install, maintain, and provide any necessary traffic control during installation. A Right of Way permit is required for install. • Street-Grade Paint required • Materials used must be approved by Seward Public Works Department. • A traffic control plan and working in the Right of Way permit must be issued every time the Walkable Mural crosswalk required maintenance. HOW TO INSTALL AN WALKABLE MURAL CROSSWALK STEP ONE: Complete this application for DESIGN& LOCATION approval. Send completed pages of this document and required attachments to planning@cityofseward.net. The Community Development and Public Works Departments will evaluate the approval of location and design within 15 days. Indemnity Agreement must be signed for the committee to review. STEP TWO: Submit Right of Way Permit Application for INSTALLATION approval. After receiving approval for the design and location for the Walkable Mural crosswalk, the applicant should fill out a working in the Right of Way application. This permits the closure of the street during the installation. Prior to submitting a Right of Way permit, the following items are needed: • Traffic Control Plan • Certification of Liability Insurance STEP THREE: The Right of Way Permit will be reviewed with 15 days of submittal. Installation may occur within the approved date, time and location on the permit. ATTACHMENTS TO THE APPLICATION Attach a site plan of your proposed location along with a photograph of existing conditions. The site plan should include: • Location of Propose Walkable Mural Crosswalk • Intersection Street Names • Material and Color Specifications • Design Drawing on Aerial Photo Application without the above attachments will not be approved. Upon approval of the design, location, and materials, applications must obtain a Right of Way Permit for installation. Page 90 of 94 Marked Crosswalk Guidelines It is important to provide designated facilities for pedestrians in order for them to use the transportation network safely. Crosswalks that are appropriately marked provide pedestrians with a convenient opportunity to cross the street, while maintaining safety. Marked crosswalks direct pedestrians to a designated place to cross, alert drivers as to the potential presence of pedestrians and legally establish the crosswalk at non- intersection locations. Purpose and Scope: The purpose of these Guidelines is to serve as the policy document that guides the city in determining where and how to improve an uncontrolled crosswalk within the city of Seward, on public roadways owned and maintained by the city. These guidelines provide direction to determine if a marked crosswalk is appropriate in a particular location. The guidelines also address installation & maintenance of Walkable Mural crosswalks. These guidelines are intended to be used by city staff in determining whether to mark an uncontrolled crosswalk to ensure efficient function for all users of the roadway and maintain pedestrian safety. When a specific location is being considered for a marked crosswalk - due to public feedback, a new development, or staff recommendation - this document serves as a guide to consistently determine whether installation is warranted or not. Definitions: Unmarked Crosswalk: A legal crosswalk that does not feature any traffic control markings. Marked Crosswalk: A legal crosswalk that features traffic control markings. Midblock Crosswalk: A location not at an intersection, featuring traffic control markings to indicate that it is a legal crosswalk. Uncontrolled Crosswalk: A legal crosswalk across a roadway approach not controlled by a stop sign or traffic signal. 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