HomeMy WebLinkAbout04052022 Planning & Zoning Meeting PacketPlanning & Zoning Commission
Agenda Packet
Regular Meeting
Tuesday, April S, 2022
Council Chambers, City Hall
7: 00 p.m.
The City of Seward, Alaska
SEWARD PLANNING AND ZONING COMMISSION ib"
REGULAR MEETING AGENDA
April 5, 2022 7:00 p.m. Council Chambers
The Chair and Vice
1.
CALL TO ORDER
Chair seats are
currently vacant
2.
PLEDGE OF ALLEGIANCE
Nathaniel Charbonneau
3.
ROLL CALL
Commissioner
Term February, 2024
4.
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE
Vanessa Verhey
ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have
Commissioner
signed in will be given the first opportunity to speak. Time is limited to 3 minutes per
Term February, 2023
speaker and 36 minutes total time for this agenda item.]
Clare Sullivan
5.
APPROVAL OF AGENDA AND CONSENT AGENDA [Approval
Commissioner
of Consent Agenda passes all routine items indicated by asterisk (*). Consent
Term February, 2024
Agenda items are not considered separately unless a Commissioner so requests. In
the event of such a request, the item is returned to the Regular Agenda]
Victoria Monaco
6.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Commissioner
Term February, 2025
A. Proclamations and Awards
Brenan Hornseth
Commissioner
B. City Administration Report
Term February, 2025
C. Other Reports and Announcements
Troy Staggs
Commissioner
D. Presentations
Term February, 2025
Vacant
Commissioner
Term February, 2025
Janette Bower
City Manager
Jason Bickling
Community
Development Director
Courtney Bringhurst
City Planner
Brenda Ballou
City Clerk
`a
7. PUBLIC HEARINGS [Public hearing comments are limited to five (5) minutes per person. After all
speakers have spoken, a person may speak for a second time for no more than one (1) minute.]
A. Resolutions
Resolution 2022-005, A Resolution of the Planning and Zoning Commission of the City
of Seward, Alaska, Granting a Conditional Use Permit to Kayak Adventures Worldwide
to Construct an Apartment with Two or More Units within a Commercial Building, on
Lots 34 & 35 & South 10 feet of Lot 36, Block 15, Original Townsite of Seward; Located
at 328 Third Ave; Within a Central Business (CB) Zoning District.................Page 5
2. Resolution 2022-006, A Resolution of the Planning and Zoning Commission of the City
of Seward, Alaska, Recommending City Council and Kenai Peninsula Borough Approval
of the Preliminary Replat of Dairy Hill Subdivision Tracts 1-5, Tract 5; Located at 212
Dairy Hill Lane; Creating Dairy Hill Subdivision Addition No. 1, with Two New Lots, Lot
1 & 2, and a Remaining Tract, Tract 5A................................................ Page 24
3. Resolution 2022-007, A Resolution of the Planning and Zoning Commission of the City
of Seward, Alaska, Recommending City Council Approval of the Land Use Amendment
to Rezone Lot 1 & 2, Dairy Hill Subdivision Addition No. 1; from Resource Management
(RM) Zoning District to Auto -Commercial (AC) Zoning District . .................Page 44
4. Resolution 2022-008, A Resolution of the Planning and Zoning Commission of the City
of Seward, Alaska, Granting a Conditional Use Permit to Zimmerman Investments LLC to
Construct a 4-Plex, on Lot 40, Block 2, Gateway Subdivision Addition No. 1; Located at
2011 Dunham Drive; Within a Multi -Family Residential (R3) Zoning District.
..................................................................................................Page 55
8. UNFINISHED BUSINESS — None
9. NEW BUSINESS
A. Resolutions —None
B. Other New Business Items
LNominate and elect a Chair.................................................................Page 75
2.Nominate and elect a Vice Chair ..........................................................Page 75
3. Approval of March 1, 2022 Regular Meeting minutes.................................Page 76
4. Set work session topic for April 19, 2022
10. INFORMATIONAL ITEMS AND REPORTS [No Action Required]
A. Reminder: April 19, 2022 Planning and Zoning work session at 6: 00 pm.
B. Reminder: May 3, 2022 regular meeting at 7: 00 pm.
It. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5)
minutes per speaker.]
12. COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO
CITIZEN COMMENTS
13. ADJOURNMENT
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2022-005
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE
PERMIT TO KAYAK ADVENTURES WORLDWIDE TO CONSTRUCT
AN APARTMENT WITH TWO OR MORE UNITS WITHIN A
COMMERCIAL BUILDING, ON LOTS 34 & 35 & SOUTH 10 FEET OF
LOT 36, BLOCK 15, ORIGINAL TOWNSITE OF SEWARD; LOCATED AT
328 THIRD AVE; WITHIN A CENTRAL BUSINESS (CB) ZONING
DISTRICT
WHEREAS, Kayak Adventures Worldwide (KAW) has applied for a Conditional Use
Permit (CUP) from the Seward Planning and Zoning Commission to construct an apartment with
two or more units within a commercial building at 328 Third Avenue, Lots 34 & 35 & South 10
feet of Lot 36, Block 15, Original Townsite of Seward; and
WHEREAS, the property is in a Central Business (CB) Zoning District; and
WHEREAS, there is a substantial need for long-term housing in Seward; and
WHEREAS, the proposed building will provide additional space for KAW to more fully
meet the needs of their guests, employees, and business operations; and
WHEREAS, the applicant has complied with all of the public hearing requirements of
Seward City Code § 15.01.040;
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: The primary use of the building is commercial, supporting and adding to the
Kayak Adventures Worldwide business already established at 328 Third Ave.
Although residential uses are not the primary focus of a Central Business Zoning
District, `Dwelling, apartment in a commercial building (two or more units)', is allowed
in a Central Business District with an approved Conditional Use Permit.
B. The value ofadjoining property will not be significantly impaired.
Finding: This condition has been met. The proposed building will improve the
aesthetic and organization of the property, and consequently improve the adjacent
property values. Adjoining and surrounding businesses may also benefit from
improved infrastructure and growth at KAW, as their guests frequently patronize the
coffeehouse and other nearby businesses.
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 Comprehensive Plan (approved by Council, May 30, 2017)
Vol I Ch 3.1 - Economic Development
• 3.1.1.2 "Update and expand infrastructure for commercial and industrial
properties that are currently undeveloped"
• 3.1.1.4 "Support private sector business, employment, and programs."
Vol I Ch 3.2 - Land Use
• 3.2.1.2 "Expand the opportunity for affordable, diverse, year-round
housing through appropriate land use regulations."
Vol I Ch 3.3 - Housing
• 3.3.1 "Encourage development of new housing in Seward."
• 3.3.1.1 "Support range of housing choices that meet the needs of people
in various income and age groups."
Strategic Plan (1999)
Encourage construction of residential and seasonal housing at all market levels
(Page 9).
Expand availability of affordable, diverse, year-round housing (Page 18).
D. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been met. City water, sewer, and electrical service are
available to the proposed location. Access to the site already exists from 3rd Ave and
the alley between 3rd and 4th Avenues.
E. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been met. The building will be constructed following
requirements per International Fire and Building Code. Construction is planned for
September 2022 through April 2023 to create minimal disruption to nearby businesses
during peak summer season.
6
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.
Based on the above findings and conclusions, approval of the CUP shall be subject to the
following conditions:
1. The applicant will acquire stamped architectural and structural plans prior to
construction.
2. The applicant shall work with City staff through the building permit process to address
and accomplish any required upgrades or modifications.
a. Prior to operation, the building will be constructed following requirements per
International Fire Code (IFC) and International Building Code (IBC)
3. The applicant shall work with City Public Works and Electric Departments for any
possible upgrades or connections to the water, sewer and/or electric utilities.
4. All parking and maneuverability requirements as determined by the Planning and
Zoning Commission shall remain on site for the life of the use.
5. Bear -proof / bird resistant containers shall be provided for all garbage and refuse for
the life of the use.
6. 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.
7. Modification of final approval of a conditional use permit may, upon application by the
permitee, be modified by the Planning and Zoning Commission:
a. When changed conditions cause the conditional use to no longer conform to the
standards for its approval.
b. To implement a different development plan conforming to the standards for its
approval.
c. The modification plan shall be subject to a public hearing and a filing fee set by
City Council Resolution.
Section 2. The Planning and Zoning Commission finds that the proposed use, subject to
the above conditions satisfies the criteria for granting a conditional use permit provided the
conditions listed on Section 1, Subsections A through F are met by the applicant, and authorizes
the administration to issue a conditional use permit to Kayak Adventures Worldwide to construct
an apartment with two or more units within a commercial building at 328 Third Ave, Original
Townsite of Seward, Lots 34 & 35 & South 10 feet of Lot 36, Block 15.
VA
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 5tn
day of April 2022
THE CITY OF SEWARD, ALASKA
Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
P&Z Agenda Statement
Meeting Date: April 5, 2022
Through: Jason Bickling, Community Development Director
From: Courtney L. Bringhurst, Planner
Agenda Item: Resolution 2022-005 Application for a Conditional Use Permit to
Kayak Adventures Worldwide to Construct an Apartment with Two or
More Units within a Commercial Building, on Lots 34 & 35 & South
10 Feet of Lot 36, Block 15, Original Townsite of Seward, Located at
328 Third Ave; Within a Central Business (CB) Zoning District.
BACKGROUND & JUSTIFICATION:
Kayak Adventures Worldwide has applied for a Conditional Use Permit (CUP) from the Seward
Planning and Zoning Commission to construct an apartment with two or more units within a
commercial building on the property located at 328 Third Ave, Lots 34 & 35 & South 10 Feet of Lot
36, Original Townsite of Seward.
The Land Use Table in City Code § 15.10.226 allows an apartment with two or more units within a
commercial building with an approved Conditional Use Permit in a Central Business Zoning District.
As Kayak Adventures Worldwide continues to grow and serve more people, the additional space of
another building on their property will provide much needed additional storage, better moisture
management for gear, space for guest preparation, and housing for employees.
All housing opportunities are currently limited in Seward. Constructing apartment units within this
new proposed commercial building will allow KAW to offer housing to their employees, which is
crucial to the continued growth of their business.
The proposed building will also address the increasing demand of summer operations, as well as
provide opportunities for year-round business / events, such as KAW being able to host Avalanche
Safety Courses and American Canoe Association Instructor Certification Courses.
SURROUNDING LAND USE AND ZONING:
Development Requirements: Seward City Code in table § 15.10.222 states that in a Central
Business District the maximum building height is 34'. Minimum buildable lot size is 3,000. There
are no required setbacks in the front, back, or sides. Maximum lot coverage is 100%. The proposed
building meets all these development requirements.
Floodplain status: According to the Kenai Peninsula Floodplain Map, the area is not located
within a flood zone.
Utilities: City water, sewer, and electrical service are available to the proposed location.
Parking: Seward City Code states that outright allowed uses in the Central Business District do
not need to provide permanently maintained off-street parking. The applicant hopes to provide
housing for 6-8 individuals. Historically, only about 50% of the KAW staff have vehicles. The
proposed site design shows that 8 parking spots will be provided in addition to the available on -
street parking.
CONSISTENCY
CHECKLIST:
Yes
No
N/A
Comprehensive Plan (2030, approved by Council 2017):
Vol I Ch 3.1 - Economic Development
• 3.1.1.2 "Update and expand infrastructure for commercial and industrial
properties that are currently undeveloped"
• 3.1.1.4 "Support private sector business, employment, and programs."
Vol I Ch 3.2 - Land Use
1.
• 3.2.1.2 "Expand the opportunity for affordable, diverse, year-round housing
X
through appropriate land use regulations."
Vol I Ch 3.3 - Housing
• 3.3.1 "Encourage development of new housing in Seward."
• 3.3.1.1 "Support range of housing choices that meet the needs of people in
various income and age groups."
Strategic Plan (1999):
2
Encourage construction of residential and seasonal housing at all market levels (Page
X
9).
Expand availability of affordable, diverse, year-round housing (Page 18).
Staff Comments:
Department
Comments
No
N/A
Comment
Building Department
Applicant will need a building permit and
stamped architectural and structural plans
Fire Department
Prior to construction a building permit is
required as well as stamped architectural and
structural engineer plans for a commercial
roject that meet all locally adopted codes.
Public Works Department
One parking spot is right along the alley.
Make sure vehicles or other business storage
do not encroach into the alley, blocking
access.
Harbor Department
X
Police Department
X
Electric Department
X
Telecommunications
X
10
Public Notice:
Property owners within three hundred (300) feet of Lots 34 & 35 & South 10 feet of Lot 36, Block
15, Original Townsite of Seward, were notified of this proposed conditional use permit action.
Public notice signs were posted on the property and all other public hearing requirements of Seward
City Code § 15.01.040 were complied with.
At the time of this publication the Community Development Department has received no public
inquiries regarding the proposed Conditional Use Permit. If any further correspondence is
received after publication of this agenda statement, it will be presented as a lay down item at the
Commission meeting.
Recommended Conditions:
1. The applicant will acquire stamped architectural and structural plans prior to
construction.
2. The applicant shall work with City staff through the building permit process to address
and accomplish any required upgrades or modifications.
a. Prior to operation, the building will be constructed following requirements per
International Fire Code (IFC) and International Building Code (IBC)
3. The applicant shall work with City Public Works and Electric Departments for any
possible upgrades or connections to the water, sewer and/or electric utilities.
4. All parking and maneuverability requirements as determined by the Planning and Zoning
Commission shall remain on site for the life of the use.
5. Bear -proof / bird resistant containers shall be provided for all garbage and refuse for the
life of the use.
6. 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.
7. 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.
The modification plan shall be subject to a public hearing and a filing fee set by
City Council Resolution.
RECOMMENDATION: Community Development Department staff recommends approval of
Resolution 2022-005 granting a conditional use permit to Kayak Adventures Worldwide to construct
an apartment within a commercial building with two or more units on the property located at 328
Third Ave, Lots 34 & 35 & South 10 feet of Lot 36, Block 15, in a Central Business Zoning District
(CB).
is
CITY OF SEWARD
P. O. BOX 167
238 5th Avenue
Seward, Alaska 99664
Community Development
907.224.4048- Director
907.224.4020- Planner
907.224.4049- Planning Assistant
CONDITIONAL USE PERMIT APPLICATION
This completed application is to be submitted to the Community Development Department no later than
six (6) 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 $330 nonrefundable filing fee. 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:
Kayak Adventures Worldwide, LLC
Address: 328 3rd Ave, Seward, AK 99664
9072243960
Telephone Number:
Email:
Trenton Gould
Property Owner (if other than applicant):
Address: PO Box 2249, Seward, AK 99664
310-804-7414
Telephone Number: Email:
Property Description
328 3rd Ave
Address:
Lots 34, 35, and S 10 ft of 15
Lot: Lot 36 Block:
Subdivision:
14909006
Kenai Peninsula Borough Tax Parcel ID Number:
Development Information
fun@kayakak.com
trent@kayakak.com
Lot Size:
16 acres
What structures are on the property? House, two storage containers
How is the property being used? Headquarters for seasonal kayak guiding business
What is the proposed use of the property? Accessory building to support business
What is the development timeline? Construction beginning September 2022
Please note that prior to the Seward Planning and Zoning Commission granting a Conditional Use
Permit, it shall be established that the proposed use satisfies the following conditions of Seward
City Code 15.10.320 (See the attached pages for specific City Code requirements)
im
A) The proposed use is consistent with the requirements of the Seward Zoning Code and the
designated zoning district. Please describe the use. Central Business (CB)
See attached
B) Describe any impacts to the adjoining properties and how property values may be affected.
See attached
C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can
view the plan at: http://www.cityofseward.us/
See attached
D) Describe / list the public services and facilities that will serve the proposed use. (i.e., roads,
utilities.)
See attached
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.
gee attached
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 ✓
13
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
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.
Applicant Signature:
Property Owner Signature: I
Enclosed:
$330 Payment �✓
Dimensioned plot plan / drawings ✓�
Other:
14
Please find sections A through E of our CUP Application below.
A) The proposed use at 328 3rd Ave is consistent with the requirements of the zoning district,
which is Central Business. The new construction will be a commercial building, used to support
the guiding service, Kayak Adventures Worldwide, LLC (hereafter referred to as KAW). This
building will serve as guest check in area, guest bathrooms, gear and equipment storage, gear
and equipment maintenance, and guide training facility with classroom space. The building will
also include "dwelling, apartment in a commercial building, two or more units", for which this
CUP is required within Central Business District (per Table 15.10.226 of Seward City Code).
The building meets the building requirements for building height, setbacks, and lot coverage.
We plan to provide long-term, seasonal rentals in the apartments within the commercial
building. This will help address seasonal and long-term rental issues in the central business
district. Bedrooms will be single occupancy and will not be used for nightly rentals.
During the pre -season, our guide training will be held in the new building, as part of this will be
a large "classroom" space. During the season, trips will be prepped, packed, unpacked, and
general logistics supported by the new space. This is necessary for the continued operations at
KAW due to inadequate storage, moisture management, guest preparation, etc. The new
building will support the health, safety, and well-being of our guests and employees.
We also plan to use the building as a winter / off-season property rental for the location of
education opportunities and events. Trent, the owner of KAW is qualified to teach Wilderness
First Responder and National Association for Interpretation courses. These are multi -day
professional development courses that would increase the standards for recreational tourism in
Seward, and could be offered with on -site lodging for students. Other instructors will be invited
to use and/or rent the space, and KAW plans to host such courses and events (eg. Avalanche
Safety Courses, American Canoe Association Instructor Certification Courses, etc.). The new
building will provide both in -season infrastructure growth to match increasing demand on
current, inadequate systems, as well as the opportunity for year-round business / event
opportunities in downtown Seward. Attendees to such events would support year-round
businesses (lodging, restaurants, etc.) in downtown Seward.
B) If anything, the property value of adjoining properties will increase with the addition of the
new building. It will improve the aesthetic and organization of our property, and provide for
more functional flow of guests and groups of people on the property. To the north, our neighbor
is the Seward Senior Center and Teen Youth Center. To the south, our neighbor is Resurrect Art
Coffeehouse. Adjoining and surrounding businesses may benefit from improved infrastructure
and growth at KAW, as our guests frequently patronize the coffeehouse and other nearby
businesses.
C) The proposed building is consistent with the Seward Comprehensive Plan in multiple ways.
The Comprehensive Plan addresses Seward Community Vision and Values in section 2, with
goals to "Encourage the development of infrastructure expansion plans for... commercial
property"; "Promote infill development by encouraging and promoting construction... in areas
of the city which are already established."; and "Support the promotion of sporting, cultural
events, conventions and other activities year-round". The values of the community take priority
in making decisions about how we want to grow and develop. KAW takes pride in being a part
of intentional, purposeful, and thoughtful development in accordance with Seward community
goals.
In its Economic Development goals, under section 3, the Comprehensive Plan lists the
objective 3.1.1.2 to "Update and expand infrastructure for commercial and industrial properties
M
that are currently underdeveloped.". We feel strongly that concentrating commercial
development within the downtown area and other existing developed parts of the city will have
significant benefits to our residents, with regards to both economics and residents' well-being,
in contrast with the development of un-developed, un-serviced lands outside the City.
The proposed KAW project also fulfills the Economic Development objective 3.1.1.4 to
"Support private sector business, employment, and programs". In 2022, KAW will have 20
employees, whose impact on the Seward community, as contributors and community
members, as well as consumers of local goods and services have innumerable effects. KAW
also takes over 5,500 visitors on kayaking tours every summer, and the guest experience will
be greatly improved with the construction of the new building. Overall, the health, safety, and
well-being of both our guides and our guests will benefit from the new building.
As noted in section A, the building will include apartments for long-term rental. This use directly
supports section 3.3.1 "Encourage development of new housing in Seward." More specifically,
it also addresses, 3.3.1.1 "Support range of housing choices that meet the needs of people in
various income and age groups" and "Encourage the development of seasonal employee
housing," as well as 3.2.1.2 "Expand the opportunity for affordable, diverse, year-round
housing through appropriate land use regulations."; "Support mixed commercial and residential
uses in the Seward downtown business district"; and "Support apartments and other high
density residential development, including seasonal worker housing." Solving the "housing
crisis" was cited by the Community Development Director as his primary goal in the next
decade, during an in -person meeting in January 2022. We feel our business has a responsibility
to alleviate, rather than add pressure to, this significant community concern.
Through its use as an event space and education facility, the new building at KAW will support
section 3.6.1.3. of the Comp Plan, "Develop and promote winter tourism by expanding
opportunities, creating advertisements, and marketing incentives to visit Seward during winter
months". As mentioned in section A, courses taught through nationally -recognized
organizations like Wilderness Medical Associates and the National Association for
Interpretation will provide off-season opportunities and bring visitation and business into the
downtown area outside the summer months. The new building, including apartments, may also
be rented during the winter for the hosting of other similar events by local organizations,
groups, or individuals.
KAW strives to support and uphold the community values of Seward, while continuing to look
at ways both residents and businesses can exceed our current limitations and grow future
opportunities.
D) Public services that service the proposed new building include:
• Roads: 3rd Ave and the alley between 3rd and 4th Avenues.
• City utilities, including existing sewer/water and improved electric capacity (if needed - see
plans)
• Garbage service, already existing
E) The project will not pose any hazards to public healthy, safety, and welfare. Building code
will be followed and construction is planned for off-season months (September 2022 through
April 2023), to create minimal disruption to nearby businesses and interests during peak
summer season.
ill
JEFFERSON
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MORTGAGE SURVEY _�_ SCALE _ 1�- 30__ GRID ---------- Project No.
�r Associates,
� 11500 Daryl Avenue, Anchorage, Alaska 99515-3049
Lang CX A s s o c i a t e sJ , inc. (907) 522-6476 Phone
(907) 522-4625 Fax o 0
Professional Land Surveyors ken®langsurvey.com �� (:)F
jonothan®longsurvey.com
I hereby certify that I have surveyed the following described property:
LOTS 34, 35 & S10' of LOT 36, BLOCK 15, SEWARD ORIGINAL TOWNSITE (PLAT No. 1)
Seward Recording District, Alaska, and that this Mortgage Location Survey is a
representation of the conditions that were found on the date the survey was performed.
This survey does not constitute a boundary survey and is subject to any inaccuracies
that a subsequent boundary survey may disclose. The information contained hereon shall
not be used to establish any fence, structure, or other improvements.
Dated this the _ 22'_,a_ Day of I'vuL''?`a �___, ___ at Anchorage, Alaska
It is the responsibility of the owner to determine the exis#Ince of any easements,
covenants, or restrictions which do not appear on the recorded subdivision plat.
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CITY OF SEWARD
410 ADAMS STREET
PO BOX 167
SEWARD AK 99664
phone: (907) 224-4050
Lookup Name
32321 GOULD, TRENTON
Description:
CUP-328 3rd Ave
Taxes Payable - Sales
Zoning Fees
Received
From
Payment Type
Credit Card
21.59
308.41
RECEIPT #
2/22/2022
Check #
661639317
41405
Amounts
Due 330.00
Tendered 330.00
Change Due
21
CITY OF SEWARD, ALASKA
AFFIDAVIT OF MAILING
PUBLIC HEARING NOTICE
&-us\0, SZbo , upon oath, deposes and states:
That she is employed in the Community Development Office of the City of Seward,
Alaska; and that on c , \ S"' she mailed a Notice of Public Hearing
to the real property owners within a 300-foot periphery of Lots 34 & 35 & South 10
feet of Lot 36, Block 15, Original Townsite of Seward; Located at 328 Third Ave
as prescribed by Seward City Code 15.01.040/16.01.015.
Affirmed and signed this � S`day of NA0.x-� 2022.
0%
AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
herebycertify that I have posted a Notice of
f3'
Public Hearing, as prescribed by Seward City Code ' 15.01.040/16.01.015 on the
property located at Lots 34 & 35 & South 10 feet of Lot 36, Block 15, Original
Townsite of Seward; physical address 328 Third Ave, the owners of which have
petitioned for a Public .Hearing for a Conditional Use Permit to Construct an
Apartment within a Commercial Building with Two or More Units within a Central
Business (CB) Zoning District.
The notice was posted on 3 f lam- -z' z2 , which is m days prior
to the public hearing on this petition. I acknowledge this Notice must be posted in
plain sight, maintained and displayed until all public hearings have been completed.
Affirmed and signed this "day of
23
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2022-006
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA RECOMMENDING KENAI
PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPLAT
OF DAIRY HILL SUBDIVISION TRACTS 1-5, TRACT 5; LOCATED AT
212 DAIRY HILL LANE; CREATING DAIRY HILL SUBDIVISION
ADDITION NO. 1, WITH TWO NEW LOTS, LOT 1 & 2, AND
A REMAINING TRACT, TRACT 5A.
WHEREAS, Lounsbury and Associates, Inc, on behalf of Steve Leirer and the Leirer
Family Limited Partnership has submitted a preliminary replat to the City of Seward for review
and recommendation to the Kenai Peninsula Borough; and
WHEREAS, this replat creates three new parcels, Lot 1 & 2 and Tract 5A, by subdividing
Dairy Hill Subdivision Tracts 1-5, Tract 5, also known as 212 Dairy Hill Lane, Seward, Alaska;
and
WHEREAS, the parcels are zoned Resource Management (RM); and
WHEREAS, this subdivision creates two new lots that have at least 190' of frontage along
an existing, developed ROW (Phoenix Road), therefore no new roads will be developed as part of
this subdivision; and
WHEREAS, there is an existing underground electric transformer located on proposed Lot
2, and all new telephone and electric lines shall be installed underground; and
WHEREAS, the applicant will install new service lines to a City -maintained water line
located within the Phoenix Road ROW 45' north of the two proposed lots; and
WHEREAS, the applicant will construct a small-scale commercial sewer lift station to
service Lots 1 & 2 and feed into the existing sewer main line; and
WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat
approval, were met; the property owners within 300 feet of the requested replat were notified of
the proposed subdivision, and the property was posted with public notice signage; and
WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an
advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding
subdivision plat proposals.
24
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission hereby recommends that, in accordance with Seward City
Code Section 16.01.015 (B), the City Council and Kenai Peninsula Borough approve the submittal
of the Replat of Dairy Hill Subdivision Tracts 1-5, Tract 5; Located at 212 Dairy Hill Lane;
Creating Dairy Hill Subdivision Addition No. 1, with Two New Lots, Lot 1 & 2, and a Remaining
Tract, Tract 5A.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5tn
day of April 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
, Chair
PIR
P&Z Agenda Statement
Meeting Date: April 5, 2022
Through: Jason Bickling, Community Development Director
From: Courtney L Bringhurst, Planner
Agenda Item: Resolution 2022-006 Recommending City Council and Kenai
Peninsula Borough Approval of the Preliminary Replat of Dairy Hill
Subdivision Tracts 1-5, Tract 5; Located at 212 Dairy Hill Lane;
Creating Dairy Hill Subdivision Addition No. 1, with Two New Lots,
Lot 1 & 2, and a Remaining Tract, Tract 5A.
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the City Council and the Kenai
Peninsula Borough Planning Commission is a preliminary replat submitted by Lounsbury and
Associates, Inc, on behalf of Steve Leirer and the Leirer Family Limited Partnership. This platting
action will create Dairy Hill Subdivision Addition No. 1 with two new lots, Lot 1 & 2, and a
remaining Tract, Tract 5A, by subdividing Dairy Hill Subdivision Tracts 1-5, Tract 5, also known
as 212 Dairy Hill Lane, or 213 Dairy Hill Lane, or 1601 Phoenix Road.
The applicant's narrative has detailed how this replat will meet the required public improvements
listed in Seward City Code § 16.05.010.
In accordance with Borough requirements, the City must review and comment on a plat before
submittal to the Borough for approval.
SUBDIVISION REVIEW:
Zoning: The property is zoned Resource Management (RM).
Size: Lot 1 is 1.117 acres; Lot 2 is 1.113 acres; and Tract 5A is 13.067 acres.
Utilities: The proposed lots will be serviced by City water, sewer, and electricity.
Existing Use: The current Tract is substantially undeveloped except for a barn located on the far
west side.
Access: The proposed lots will be accessed off Phoenix Drive adjacent to their northern
boundaries.
41-
Flood Zone: According to the 2016 FEMA map, the lots are within a Flood Zone A. The Zone A
designation is used for areas with a 1% annual chance of flooding and a 26% chance of flooding
over the life of a 30-year mortgage. Because detailed hydraulic analyses have not been performed,
no Base Flood Elevations or flood depths are shown. Development on these parcels will be
subject to the requirements in Seward City Code 15.25 'Floodplain Management'.
In a 2021 survey of the land, no water flows through the proposed lots. (see attached Floodplain
Exhibit page 38)
CONSISTENCY
CHECKLIST:
Yes
No
N/A
Comprehensive Plan (2030, approved by Council 2017):
Vol 1 Ch 2.2.11 - Encourage the development of infrastructure
1.
expansion plans for currently undeveloped residential and commercial
X
property.
Strategic Plan (1999):
2.
"Develop infrastructure expansion plans for currently undeveloped
X
residential and commercial property" (page 5).
Staff Comments:
All staff and administration concerns have been addressed and all City department heads
recommend approval of this preliminary replat.
Department
Comments
No
Comment
N/A
Building Department
X
Fire Department
X
Public Works
Department
X
Harbor Department
X
Police Department
X
Electric Department
X
Telecommunications
X
Public Comment:
Property owners within three hundred (300) feet of the proposed platting action were notified of
this public hearing. Public notice signs were posted on the property and all other public hearing
requirements of Seward City Code § 15.01.040 were complied with.
At the time of this publication the Community Development Department has received public
inquiries. All public comments were forwarded to the Commissioners for their review. If any
correspondence is received after publication of this agenda statement, it will be presented as a lay
down item at the Commission meeting.
27
RECOMMENDATION: Commission approve Resolution 2022-006, recommending City
Council and Kenai Peninsula Borough Approval of the Preliminary Replat of Dairy Hill
Subdivision Tracts 1-5, Tract 5; Located at 212 Dairy Hill Lane; Creating Dairy Hill Subdivision
Addition No. 1, with Two New Lots, Lot 1 & 2, and a Remaining Tract, Tract 5A.
28
Community Development/ Planning & Zoning
238 Fifth Avenue, Seward, Alaska 99664 '(907) 224-4048 ' (907) 224-4020
or email: planning@cityofseward.net
PRELIMINARY PLAT SUBMITTAL FORM
[]x PRELIMINARY PLAT ❑ REVISED PRELIMINARY PLAT (no fee required)
PHASED PRELIMINARY PLATF PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION
All requirements of Seward Code Title 16 apply and must be met.
SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed.
Dairy Hill Subdivision - Addition #1
PROPERTY INFORMATION:
legal description Tract 5, Dairy Hill Subdivision, Plat # 2000-21, S.R.D.
Section, Township, Range W 1/2, Section 3, Township 1 South, Range 1 West, Seward Meridian
General area description 212 Dairy Hill Lane, City of Seward, Kenai Peninsula Borough, AK
City Seward I Total Acreage 15.297
SURVEYOR
Company: Lounsbury &Associates, Inc.
Contact Person: Josh Varney
Mailing Address: 3230 C St. Ste. 201
City, State, Zip Anchorage, AK, 99503
Phone: 907-743-2128
e-mail: j.vamey@lounsburyinc.com
PROPOSED WASTEWATER AND WATER SUPPLY
WASTEWATER on site�x City WATERDon site x❑City
SUBMITTAL REQUIREMENTS
Apreliminaryela4applicatien,wil�be_schTdulecl for,the,nex:r available_Planningand Zonins; meeting after
a complete application has been received.
x❑Electronic file of Plat and
❑x Preliminary plat NON-REFUNDABLE submittal fee 75A0
x Certificate to plat for ALL parcels included in the subdivision
EEDocumentation showing proof of signatory authority (partnerships, corporations, estates, trusts,
etc.)
❑ Public Notice Sign(s) Posted on property - City staff will contact you to pick up sign
EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning
commission, with substantial evidence justifying the requested exception and fully stating the
grounds for the exception request, and the facts relied upon, MUST be attached to this submittal.
1. 2. I
APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature
sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC,
partnership, etc., documentation is required to show authority of the individual(s) signing.
Contact KPB staff for clarification if needed.
OWNER(s)
Name (printed): Lounsbury &Associates onbehalfofthe
Lierer Family Limited Partnership
Signature:
1
Phone: 907-743-2128
e-mail: j.vamey
unsburyinc. m
Name (printed): Signature:
Phone: I e mail:
Name (printed): Signature
Phone: I e-mail:
FOR OFFICE USE ONLY
RECEIVED BY DATE SUBMITTED Receipt #
29
The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the
following:
1.
Within the title block:
Not applicable
The required
to my plat,
information has
been shown/noted.
a.
Name of the subdivision which shall not be the same as an
existing city, town, tract, or subdivision of land in the
borough, of which a plat has been previously recorded, or
X
so nearly the same as to mislead the public or cause
confusion;
b.
Legal description, location, date, and total area in acres of
the proposed subdivision; and
X
C.
Name and address of owner(s), as shown on the KPB
records and the certificate to plat, and registered land
X
surveyor:
2.
North point;
X
3.
The location, width and name of existing or platted streets and
public ways, railroad rights -of -way, and other important features
such as section lines or political subdivisions or municipal
X
corporation boundaries abutting the subdivision;
4.
A vicinity map, drawn to scale showing location of proposed
subdivision, north arrow if different from plat orientation. township
and range, section lines, roads, political boundaries, and prominent
X
natural and manmade features, such as shorelines or streams;
5.
All parcels of land including those intended for private ownership
and those to be dedicated for public use or reserved in the deeds
for the use of all property owners in the proposed subdivision,
X
together with the purposes, conditions. or limitations of reservations
that could affect the subdivision;
6.
The names and widths of public streets and alleys and easements,
existing and proposed, within the subdivision;
X
7.
Status of adjacent lands, including names of subdivisions, lot lines,
block numbers, lot numbers, rights -of -way; or an indication that the
X
adjacent land is not subdivided;
8.
Approximate locations of areas subject to inundation, flooding, or
storm water overflow, the line of ordinary high water, wetlands
when adjacent to lakes or non -tidal streams, and the appropriate
X
study which identifies a floodplain, if applicable;
9.
Approximate locations of areas subject to tidal inundation and the
X
mean high water line;
10,
Block and lot numbering approximate dimensions and total
numbers of proposed lots;
X
11.
The approximate location of known existing municipal wastewater
and water mains, and other utilities within the subdivision and
immediately abutting thereto
X
12.
Contours at suitable intervals when any roads are to be dedicated
unless the planning director or commission finds evidence that road
grades will not exceed 6 percent on arterial streets, and 16 percent
X
on other streets;
13.
Approximate locations of slopes over 20 percent in grade and if
contours are shown, the areas of the contours that exceed 20
X
percent grade shall be clearly labeled as such;
14,
Apparent encroachments, with a statement indicating how the
encroachments will be resolved prior to final plat approval
X
Subdivision Name: Dairy Hill subdivision - Addition #1 Date 2/22/22
31
February 18"', 2022,
Mr. Jason Bickling
Mr. Scott Huff
Director
Tatting Manager
Community Development Department
Planning Department
City of Seward
Kenai Peninsula Borough
238 Fifth Avenue
144 N. Binkley Street
Seward, AK 99664
Soldotna, AK 99669
Subject; Letter of Authorization. Dairy Hill Subdivision, Tract 5 Replat
Dear Mr. Bckling & Mr. Huff,
As partners in the Leirer Family Limited Partnership, we own the property located at 212 Dairy Hill Lame
(Tract 5, Dairy Hill Subdivision, Plat # 2000-21 S.R.D., Parcel ID #14510414) in 'Seward, AK located south
Of Phoenix Road, west of the Seward Highway and north of Dairy Hill Lane. We intend to subdivide the
15.297 acre parcel into 2 lots and a remainder Tract and simultaneously re -zone the 2 lots from the
existing Resource Management (RM) zoning, to Auto-Commercial,(AC) zoning.
We here by authorize Lounsbury & Associates, Inc. to act on our behalf as petitioner submitting land use
and platting actions to the City of Seward and the Kenai Peninsula Borough for the above referenced
Parcel of land.
Za ?,
Steven C. Lierer L1ate"�' -�'
Carol J. Lauri Date
February 22nd, 2022
Mr. Jason Bickling
Director
Community Development Department
City of Seward
238 Fifth Avenue
Seward, AK 99664
Subject: Preliminary Plat Application Narrative
Dairy Hill Subdivision Addition No. 1
Tract 5, Dairy Hill Subdivision, Plat #2000-21, S.R.D.
Dear Mr. Bickling,
Lounsbury and Associates, Inc., on behalf of Steve Leirer and the Leirer Family Limited Partnership are
pleased to present to you this application package to subdivide Tract 5 of the Dairy Hill Subdivision
(recorded as plat #2000-21 in the Seward Recording District) into two (2) new —1.1 acre lots and a
remainder Tract. We will be simultaneously submitting a request to rezone the two (2) new lots to
Auto -Commercial zoning from their existing Resource Management zoning.
Tract 5 of Dairy Hill Subdivision is a substantially undeveloped lot located southwest of the intersection
of Phoenix Drive and the Seward Highway and north of Dairy Hill Lane. The Kenai Peninsula Borough
Tax Records list the street address as 212 Dairy Hill Lane. There are no structures located on the east
half of Tract 5 where the proposed lots will be located; the only improvements are on the far west side
of the Tract where an old barn is located near Mr. Lierer's house on an adjacent lot. The barn will have
no impact on this proposed subdivision.
The proposed lots will be accessed off Phoenix Drive adjacent to their northern boundaries. They will
be serviced by City water and Sewer. There is an existing electric transformer located on the proposed
lots that will be used for power on both lots. This transformer is located within an existing 10' wide
electric easement that crosses the northern part of each lot near the Phoenix Road ROW. Directly
across the ROW of Phoenix Road there is a telephone pedestal that will be used for telephone hook-
ups on both lots. Along Phoenix drive there is ample, existing City street lighting.
Tract 5 has multiple drainages; we have designed our lots to fall outside of the floodplain of these
drainages in accordance with Title 15.25.050(A)4. Sheffler Creek runs through the middle of Tract 5
and has year-round flow, though a large rip -rap embankment on the east side of this creek prevents it
from entering the proposed lots. There is a small spring that flows on the far east side of Tract 5 as
well; our lots are situated such that they will impact these watersheds as minimally as possible. The
current FEMA linework for this area, as shown in FIRM panel #5005E, conflicts with the existing
conditions of the watershed within Tract 5 and shows a large area of Special Flood Hazard Area Zone
"A" traversing through the proposed lots as well as down Phoenix Road. See the Floodplain Exhibit for
more information.
33
City of Seward - Conditions to Plat Approval (16.01.015)
(a) No Preliminary or final plat for the subdivision of land located within the city limits shall be
approved by the city unless all of the required improvements set forth in section 16.05.010 are provided
for by the subdivider, owner, proprietor or developer in the manner described in section 16.05.015.
(1) Streets. All streets located within a subdivision subject to the requirements of this title
shall be not less than 50' in width and shall be gravel -surfaced according to city
specifications.
This subdivision creates two new lots that have at least 190' of frontage along an existing, developed
ROW (Phoenix Road), therefore no new roads will be developed as part of this subdivision; this
condition does not apply.
(2) Telephone and electric lines. All new telephone and electric lines shall be installed
underground, unless found to be impractical by the city planning and zoning
commission and affirmed by the city council, and in accordance with specifications of
the appropriate utility companies and the city.
There is an existing underground electric transformer located on proposed lot 2 and there is an
existing telephone pedestal located directly across Phoenix Road from the proposed lots; this
condition is met.
(3) Water system. Where the city water system will service the area covered by the plat or
proposed plat, the subdivider shall provide the water system in accordance with the
specifications established by the city planning and zoning commission and affirmed by
the city council. Fire Hydrants shall be provided to standards established by the
American Waterworks Association and shall be a brand specified by the city. The
subdivider shall not be required to drill individual wells.
There is a city -maintained water line located within the Phoenix Road ROW 45' north of the two
proposed lots. We will install new service lines to each lot in accordance with P&Z and City
specifications. This condition will be met.
(4) Sewer system. Where the city sewer system will service the area covered by the plat or
proposed plat, the subdivider shall provide the sewer system in compliance with all
applicable state and federal health and environmental laws and regulations.
We are in the process of designing an onsite, small-scale commercial sewer lift station to service lots 1
& 2 that will feed into the existing sewer main line that crosses the Phoenix Road ROW approximately
112' northwest of the northwest corner of Lot 1. The lift station will be designed to comply with all
applicable State and Federal laws and regulations. We will submit the final plan set to the City of
Seward Public Works department for approval prior to construction. This condition will be met
34
(5) Street Lighting. Street lighting shall be installed in accordance with the requirements of
the city.
There is existing street lighting along Phoenix Road. This condition is met.
(b) No preliminary plat of city owned property may be submitted to the Kenai Peninsula Borough
planning commission for approval without the prior consent of the city counsel
Noted, the submittal to Kenai Peninsula Borough planning commission will include the minutes of the
City of Seward's Planning and Zoning Commission meeting at which this plat is heard.
(c) Public Posting. The applicant shall post the property subject to the application with public notices as
provided by the city at least ten days before the date of the required public hearing. Such notices shall
be placed so as to be visible from each improved street adjacent to the property. The applicant is
responsible for removing the posted notices within five days after the hearing is completed. Failure to
properly post notices is grounds for deferral or denial of the application. No one except the applicant,
an agent of the applicant, or the city shall remove or tamper with any such required posted notice
during the period it is required to be maintained under this paragraph.
Noted, we will post (and remove) public notices as provided by the city within the aforementioned
timeframes.
(d) Proof of posting. Before the public hearing, the applicant shall submit to the city an affidavit signed
by the person who posted the notice or caused the posting to be done that the notice was posted as
required by this section.
Noted, we will provide proof of posting to the P&Z committee prior to the public hearing.
(e) Notification of neighboring property owners. A notice of preliminary plat review shall be mailed not
less than ten days prior to the meeting review date to the owners of record on the Kenai Peninsula
Borough assessor of real property within 300 feet of the periphery of the parcel affected by the
proposed plat.
Noted, neighboring property owners within 300' will be mailed notice of public hearing within 10 days
of the hearing.
(f) A plat submitted to create a single parcel through the vacation of interior lot lines shall be exempt
from subsection (c), public posting, (d), proof of posting and (e), notification of neighboring property
owners.
Noted, this condition does not apply to this project.
M
Kenai Peninsula Borough
We will submit the preliminary plat application package to the Kenai Peninsula Borough (KPB) after the
City of Seward's P&Z Committee has conducted their meeting. The KPB application package will
include the minutes of the City's P&Z meeting. This subdivision will create 3 lots, access is provided to
an existing ROW for each new lot, no new ROW will be dedicated and there will be no vacations or
variances associated with the plat; therefore we will we will submit the plat through the Abbreviated
Plat Procedure under 20.10.040.
We look forward to your review of our application and thank you for your time.
Sincerely,
Josh Varney, P.L.S.
Anchorage Survey Manager
Lounsbury & Associates, Inc.
Surveyors -Engineers -Planners
3230 C Street, Suite 201
Anchorage, Alaska 99503
(907)743-2128 - Office
(907)350-2599 - Cell
Lounsburvinc.com
Attachments:
• Preliminary Plat Submittal Form
• Preliminary Plat of the Dairy Hill Subdivision, Addition No. 1
• Certificate to Plat
• Floodplain Exhibit
• FIRM Panel 5005E
• Letter of Authorization, Lounsbury on behalf of S. Lierer/C. Laurie
• Rezoning Application
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•ear ... 13105 Seward Hwy, Suite 101
Post Office Box 1554
Flood _ ` a Seward, Alaska 99664
OR a�C,
Date: March 24, 2022
To: Planning & Zoning Commissioners
Thru: Jason Bickling, Community Development Director
Courtney Bringhurst, Planner
From: Stephanie Presley, Seward -Bear Creek Flood Service Area Program Lead
Subject: Dairy Hill Subdivision — Addition No. i Preliminary Replat - Scheffler Creek
Flood Zones
Flood Zone Information:
The preliminary replat includes special flood hazard areas Zone A and Zone AE. In these high -
risk areas, there is a i in 4 chance of flooding during a 3o-year mortgage.
Zone A identifies an area subject to inundation or a special flood hazard area for which no Base
Flood Elevations (BFE — i-percent-annual-chance or the "ioo-year" flood event) have been
determined. Although BFEs are not provided, the community is still responsible for ensuring
that new development within approximate Zone A areas are constructed using methods that
will minimize flood damages.
Zone AE identifies an area subject to inundation by the i-percent-annual flood event for which
a Base Flood Elevation has been determined. The elevation of the AE zone identified on the
preliminary replat is 15 feet above mean sea level.
Preliminary Replat Corrections:
The "Zone A" label just north of Dairy Hill Lane should be "Zone AE".
The Scheffler Creek and overflow channel should be labeled "Zone A"
The attached map shows the designated flood zones with zone A in pink and AE in green.
Additional Information:
The City of Seward participates in the National Flood Insurance Program (NFIP), administered
by the Federal Emergency Management Agency (FEMA). NFIP communities are required to
regulate development within the FEMA mapped special flood hazard areas. As noted in #3 of
the preliminary replat notes, development within a designated flood hazard area must comply
with the Title i5, Chapter 25, Floodplain Management, of the Seward City Code. The definition
of development is: any manmade change to improved or unimproved real estate, including, but
not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials located within the area of special flood
hazard.
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Josh Varney
From: BiIIpay@paymentus.com
Sent: Tuesday, February 22, 2022 3:06 PM
To: Josh Varney
Subject: Payment Confirmation From City of Seward
Dear JOSHUA VARNEY,
We are pleased to confirm your payment with City of Seward. Below is the summary of your payment
transaction. Your payment has been received and will be posted to your account next business day. Thank you
for your continued relationship with City of Seward.
Confirmation Number:
Payment Date:
Payment Amount:
Total Amount Charged
Contact Information
First Name:
Last Name:
ZIP code:
Email Address:
Account Information
Payment Type:
Transaction Code:
Payment Method:
Payment Method Information
Card Type:
Card Number:
Card Holder Name:
661622073
Feb 22, 2022 3:05:46 PM
$75.00
$75.00
Joshua
Varney
99664
j.varney@lounsburyinc.com
Misc-Payments
Replat Fee
Credit Card
Visa
************9125
Joshua Varney
to
CITY OF SEWARD, ALASKA
AFFIDAVIT OF MAILING
PUBLIC HEARING NOTICE
Gyj-v, „ Goco , upon oath, deposes and states:
That she is employed in the Clerk's Office of the City of Seward, Alaska; and that on
NAolyyl ISrn she mailed a Notice of Public Hearing to the real property
owners within a 300-foot periphery of Dairy Hill Subdivision Tracts 1-5, Tract 5;
physical address 212 Dairy Hill Lane, as prescribed by Seward City Code
15.01.040/16.01.015.
Affirmed and signed this r5v- day of 2022.
Signature
t%
AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
1, 1 7'e✓eve L L x_) re ✓ , hereby certify that I have posted a Notice of
Public Hearing, as prescribed by Seward City Code ' 15.01.040/16.01.015 on the
property located at Dairy Hill Subdivision Tracts 1-5, Tract 5; physical address 212
Dairy Hill Lane, the owners of which have petitioned for a Public Hearing to
Subdivide Dairy Hill Subidvision Tracts 1-5, Tract 5, Located at 212 Dairy Hill Lane;
Creating Wig Hill Subdivision Addition No. 1 with Two New Lots Lot 1 & 2 and a
Remainina Tract. Tract 5A.
The notice was posted on M A Y r k 172 Z'o ZL , which is j � days prior
to the public hearing on this petition. I acknowledge this Notice must be posted in
plain sight; maintained and displayed until all public hearings have been completed.
Affirmed and signed this 1n day of mp r , 2022.
Signature
43
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2022-007
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
RECOMMENDING CITY COUNCIL APPROVAL OF THE LAND USE
AMENDMENT TO REZONE LOT 1 & 2, DAIRY HILL SUBDIVISION
ADDITION NO. 1, FROM RESOURCE MANAGEMENT (RM) ZONING
DISTRCIT TO AUTO COMMERCIAL (AC) ZONING DISTRICT
WHEREAS, Lounsbury and Associates, Inc, on behalf of Steve Leirer and the Leirer
Family Limited Partnership the owner of Lot 1 & 2, Dairy Hill Subdivision Addition No. 1, has
submitted an application requesting these two lots be amended on the Land Use Plan from
Resource Management (RM) to Auto Commercial (AC); and
WHEREAS, the proposed rezone is adjacent to Clearview 2018 Replat, Lot 22A and
Clearview Subdivision No. 6, Lot 20 & 21, which are also zoned Auto Commercial (AC); and
WHEREAS, the proposed rezone will encourage development of new housing and
businesses in Seward; and
WHEREAS, Dairy Hill Subdivision Addition No. 1, Tract 5A will remain Resource
Management (RM) Zoning District; and
WHEREAS, the public notification process was complied with and the appropriate
public hearing as required by Seward City Code § 15.01.040.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Seward Planning and Zoning Commission supports the proposed zoning
change and recommends Resolution 2022-007 be forwarded to City Council for approval.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5rh day of
April 2022.
44
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Chair
M
Meeting Date: April 5, 2022
Through: Jason Bickling, Community Development Director
From: Courtney Bringhurst, Planner
Agenda Item: Resolution 2022-007 Recommending City Council
Approval of the Land Use Amendment to Rezone Lot 1 & 2, Dairy
Hill Subdivision Addition No. 1; from Resource Management (RM)
Zoning District to Auto -Commercial (AC) Zoning District.
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the Seward City Council is
Resolution 2018-002 recommending City Council approval to the Land Use Plan and Rezone
Dairy Hill Subdivision Addition No. 1, Lot 1 & 2 from Resource Management (RM) To Auto
Commercial (AC) Zoning.
The applicant has stated that the intended use of the lots will be for business/professional offices
with upstairs apartments. This use and zoning is complimentary to the lots across the street, which
are also zoned Auto Commercial (AC).
The Floodplain Exhibit submitted by the applicant shows that the lots were not in Zone A
floodplain in 2000, but in 2016 portions of each lot are in a Zone A. The applicant is aware that
any development in those lots will require Floodplain permits.
The Resource Management (RM) Zoning District is defined as "lands which are generally
undeveloped and cannot be precisely zoned due to inadequate information on the extension of
public services and utilities or the suitability of the land to support commercial, residential,
industrial or public uses; and other possible environmental consideration.
Lounsbury and Associates, Inc. has surveyed the existing parcel, Dairy Hill Subdivision Tracts 1-
5, Tract 5, and proposed the replat Dairy Hill Subdivision Addition No. 1. This replat separates
out Lot 1 & 2 as areas that are adequate for development and feasible to connect public services
and utilities. The location of the property near the Harbor and Seward Highway is ideal for the
support of commercial, residential, industrial, or public uses. The remaining parcel of land, Tract
5A will remain Resource Management (RM) Zoning District to protect the larger Floodplain area
on the southeast corner of the property.
t
CONSISTENCY
CHECKLIST:
Yes
No
N/A
Comprehensive Plan (2030, approved by Council2017):
Vol I Ch 2.2.11 - Economic Base
• "Encourage the development of infrastructure expansion plans for
1
currently undeveloped residential and commercial property"
X
Vol I Ch 3.2.1 - Land Use
• "Promote residential and commercial development within the city of
Seward and its vicinity in accordance with community values."
Strategic Plan (1999):
The Strategic Plan promotes residential and commercial development
2.
inside the City (Page 9).
X
Develop infrastructure and utility expansion plans for currently
undeveloped residential and commercial property (Page 9
Public Comment:
Property owners within three hundred (300) feet of the proposed rezone action were notified of
this public hearing. Public notice signs were posted on the property and all other public hearing
requirements of Seward City Code § 15.01.040 were complied with.
At the time of this publication the Community Development Department has received
public inquiries regarding the rezone action. Public comments have been submitted to the
Planning and Zoning Commission for their review. If any correspondence is received after
publication of this agenda statement, it will be presented as a lay down item at the Commission
meeting.
RECOMMENDATION:
Commission approve Resolution 2022-007, recommending City Council approve amending the
Land Use Plan and Rezone Lot 1 & 2, Dairy Hill Subdivision Addition No. 1; from Resource
Management (RM) Zoning District to Auto -Commercial (AC) Zoning District.
47
LAND USE PLAN AMENDMENT -REZONING APPLICATION
This completed application is to be submitted to the Community Development Department no later than
six (6) 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.
Petitioner: Josh Varney, PLS, Lounsbury & Associates, Inc. (on behalf of the Leirer Family Limited Partnership)
Address: 3230 C St. Ste. 201
Telephone Number: 907-743-2128 Email:
Property Description
Address: 212 Dairy Hill Lane, City of Seward, Kenai Peninsula Borough, AK
Lot: Tract 5 Block: N/A Subdivision
Size of subject area: 15.297 acres
Additional Information
Intended use and/or reason for rezoning:
j.varney@lounsburyinc.com
Dairy Hill Subdivision, Plat # 2000-21, S.R.D.
Number of parcels within subject area:
Located in Historic Overlay District? Yes L] No L]
We intend to subdivide Tract 5 of Dairy Hill Subdivision into 2 new lots and a remainder tract. The 2 new lots will front Phoenix road
near the Seward Highway. The intended use of the lots will be for business/professional offices with upstairs apartments. We believe
that this is an appropriate use of the land because it fits into existing AC -zoned lots directly across the Phoenix road and will help to
foster local small business in Seward.
Does the proposed amendment comply with the Comprehensive Plan? Please list how below.
Seward 2030 Comprehensive Plan Volume L https://www.ciiyofseward.us/home/showdocument?id=1705
Volume 11: https://www.cityofseward.us/home/showdocument?id=1707
The allowed uses of AC zoning support many elements of the Comprehensive Plan including: 3.1.1 - Attracting new business and
industry to the greater Seward area, 3.1.1.4 - Supporting private sector business, employment and programs, 3.2.1.2 Expanding the
opportunity for affordable, diverse, year-round housing through appropriate land use regulations by supporting apartments and other
high density residential development, including seasonal worker housing, 3.3.1 - Encouraging development of new housing in
Seward,
48
Does the proposed amendment comply with the Historic Preservation Plan (skip if not within
Historic Overlay District) N/A
What is the effect of the zoning amendment on the property owners and on the community at
large?
We believe that the re -zoning of these lots will be beneficial to the community at large because it will create more AC -zoned land
near the small boat harbor and Seward Highway. There is currently a lack of vacant AC land in Seward and this will serve to fill that
void. The effect on adjacent property owners will be minimal because the new lots are surrounded by vacant RM land to the east and
west. Furthermore it will compliment the existing AC zoning directly to the north across Phoenix Road.
I hereby certify that the above statements and other information submitted are true and accurate
to the best of my knowledge.
I understand that this item will be scheduled for action only if all application materials are
submitted not less than six (6) weeks in advance of the next regularly scheduled Planning and
Zoning Commission meeting. Regular meetings are held the first Tuesday of every month.
Applicant Signature:
Enclosed:
$300 Payment ( x)
Map of the subject area (x)
Other: Cert. to Plat and Letter of Authorization ( x )
A map is required to accompany this application. Proof of ownership for parcel(s) must be
available if Borough tax roles do not indicate applicant's name.
The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE
of $300.00 (payable to the City of Seward) to the Community Development Office.
Please mark the method through which this Rezone application is being initiated: (SCC 15.01.035 (b))
( ) By the City Council on its own motion;
( x ) By the commission on its own motion;
( ) *By petition of a majority of the property owners in the area to be amended;
( ) *By petition bearing the signatures of 50 registered voters within the City; or
( ) *By petition as provided by the home rule charter of the City.
*If the initiated method was through petition, please include the signatures on the page provided or
additional pages if needed.
February 18"', 2022,
Mr. Jason Bickling
Mr. Scott Huff
Director
Tatting Manager
Community Development Department
Planning Department
City of Seward
Kenai Peninsula Borough
238 Fifth Avenue
144 N. Binkley Street
Seward, AK 99664
Soldotna, AK 99669
Subject; Letter of Authorization. Dairy Hill Subdivision, Tract 5 Replat
Dear Mr. Bckling & Mr. Huff,
As partners in the Leirer Family Limited Partnership, we own the property located at 212 Dairy Hill Lame
(Tract 5, Dairy Hill Subdivision, Plat # 2000-21 S.R.D., Parcel ID #14510414) in 'Seward, AK located south
Of Phoenix Road, west of the Seward Highway and north of Dairy Hill Lane. We intend to subdivide the
15.297 acre parcel into 2 lots and a remainder Tract and simultaneously re -zone the 2 lots from the
existing Resource Management (RM) zoning, to Auto-Commercial,(AC) zoning.
We here by authorize Lounsbury & Associates, Inc. to act on our behalf as petitioner submitting land use
and platting actions to the City of Seward and the Kenai Peninsula Borough for the above referenced
Parcel of land.
Za ?,
Steven C. Lierer L1ate"�' -�'
Carol J. Lauri Date
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CITY OF SEWARD
410 ADAMS STREET
PO BOX 167
SEWARD AK 99664
phone: (907) 224-4050
Lookup Name
10000 ONE TIME CUSTOMER
Description:
Re -Zone Fee Joshua Varney
Taxes Payable - Sales
Zoning Fees
Received
From
Payment Type
Credit Card
19.63
280.37
RECEIPT #
2/22/2022
Check #
661621973
41403
Amounts
Due 300.00
Tendered 300.00
Change Due
52
CITY OF SEWARD, ALASKA
AFFIDAVIT OF MAILING
PUBLIC HEARING NOTICE
Gyj-v, ,„ Goco , upon oath, deposes and states:
That she is employed in the Clerk's Office of the City of Seward, Alaska; and that on
NAolyyl ISrn she mailed a Notice of Public Hearing to the real property
owners within a 300-foot periphery of Dairy Hill Subdivision Tracts 1-5, Tract 5;
physical address 212 Dairy Hill Lane, as prescribed by Seward City Code
15.01.040/16.01.015.
Affirmed and signed this r5v- day of 2022.
Signature
53
AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
1, e7l e ✓ e m e, �- e- f YM hereby certify that I have posted a Notice of
Public Hearing, as prescribed by Seward City Code ' 15.01.040/16.01.015 on the
property located at Dairy Hill Subdivision Tracts 1-5, Tract 5; physical address
212 Dairy Hill Lane, the owners of which have petitioned for a Public Hearing to
Rezone Lots 1 & 2 of the proposed Preliminary Replat Dairy Hill Subdivision
Addition No. 1, from Resource Management (RM) Zoning District to Auto -
Commercial (AC) Zoning District.
The notice was posted on kLA A rl 1 Zo , which is 1 $ days prior
to the public hearing on this petition. I acknowledge this Notice must be posted in
plain sight, maintained and displayed until all public hearings have been completed.
Affirmed and signed this day of 2022.
Signature
54
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2022-008
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE
PERMIT TO ZIMMERMAN INVESTMENTS LLC TO CONSTRUCT A
4-PLEX ON LOT 40, BLOCK 2, GATEWAY SUBDIVISION ADDITION
NO. 1, LOCATED AT 2011 DUNHAM DRIVE; WITHIN A MULTI-
FAMILY RESIDENTIAL (R3) ZONING DISTRICT
WHEREAS, Zimmerman Investments LLC has applied for a Conditional Use Permit
(CUP) from the Seward Planning and Zoning Commission to construct a 4-Plex at 2011 Dunham
Drive, Lot 40, Block 2, Gateway Subdivision, Addition No. 1; and
WHEREAS, the property is in a Multi -Family (R3) Zoning District, intended to provide
opportunities for a higher density residential setting with a mix of housing units which are
predominately multi -family units close to concentrations of public services, employment and/or
recreation; and
WHEREAS, there is a need in Seward for more year-round, affordable housing; and
WHEREAS, the applicant has complied with all of the public hearing requirements of
Seward City Code § 15.01.040;
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: The definition for the Multi -Family Zoning District states that it is "intended
to provide opportunities for a higher density residential setting with a mix of housing
units which are predominately multi -family units close to concentrations of public
services, employment and/or recreation. This may provide a transition between more
intensive districts and lower density residential areas if sufficient screening and design
features are provided to protect multi -family residences from undesirable effects."
According to the Land Use Allowed Table, § 15.10.226, multi -family dwellings of 3 or
more units are allowed within a Multi -Family District with a Conditional Use Permit.
6si.
B. The value ofadjoining property will not be significantly impaired.
Finding: This condition has been met. The applicant will be bringing utilities to these
lots, which adds value to the adjacent vacant lots that now have easier access to utilities.
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 Comprehensive Plan (approved by Council, May 30, 2017)
Vol I Ch 2.2.11 - Economic Base
• "Encourage the development of infrastructure expansion plans for
currently undeveloped residential and commercial property"
Vol I Ch 3.2 - Land Use
• "Promote residential and commercial development within the city of
Seward and its vicinity in accordance with community values."
Vol I Ch 3.3 - Housing
"Encourage development of new housing in Seward."
Strategic Plan (1999)
The Strategic Plan encourages construction of residential housing at all market
levels (Page 9).
Expand availability of affordable, diverse, year-round housing (Page 18)
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.
E. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been met. The building will be constructed following
International Fire Code and International Building Code. Also, on -site parking will be
provided for the dwelling units.
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.
611-
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 operation, the building will be constructed following requirements per
International Fire Code (IFC) and International Building Code (IBC)
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. A minimum of 10 parking spaces should be provided on -site.
4. All parking and maneuverability shall remain on site for the life of the use.
5. All areas not devoted to buildings, drives, walks, parking areas or other authorized
installations shall be covered with one or more of the following: lawn grass, natural or
ornamental shrubbery or trees.
6. Bear -proof / bird resistant containers shall be provided for all garbage and refuse for
the life of the use.
7. 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.
8. Modification of final approval of a conditional use permit may, upon application by the
permitee, be modified by the Planning and Zoning Commission:
a. When changed conditions cause the conditional use to no longer conform to the
standards for its approval.
b. To implement a different development plan conforming to the standards for its
approval.
c. The modification plan shall be subject to a public hearing and a filing fee set by
City Council Resolution.
Section 2. The Planning and Zoning Commission finds that the proposed use, subject to
the above conditions satisfies the criteria for granting a conditional use permit provided the
conditions listed on Section 1, Subsections A through F are met by the applicant, and authorizes
the administration to issue a conditional use permit to Zimmerman Investments LLC to construct
a 4-plex on Lot 40, Block 2, Gateway Subdivision, Addition No. 1.
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.
57
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th
day of April 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Chair
58
P&Z Agenda Statement
Meeting Date: April 5, 2022
Through: Jason Bickling, Community Development Director
From: Courtney L. Bringhurst, Planner
Agenda Item: Resolution 2022-008 Application for a Conditional Use
Permit to Construct a 4-Plex on Lot 40, Block 2, Gateway
Subdivision, Addition No. 1, Located at 2011 Dunham Drive;
Within a Multi -Family (R3) Zoning District
BACKGROUND & JUSTIFICATION:
Zimmerman Investments LLC has applied for a Conditional Use Permit (CUP) from the Seward
Planning and Zoning Commission to construct a 4-Plex on his property located at 2011 Dunham
Drive on Lot 40, Block 2, Gateway Subdivision, Addition No. 1.
The proposed project for this CUP would add 4 dwelling units to Seward. There are a variety of
housing needs in Seward that this addition of homes will help to meet. Whether employee housing
or long-term residents, the addition of affordable housing will benefit the economy and community
of Seward.
SURROUNDING LAND USE AND ZONING:
Development Requirements: The proposed structure meets the Zoning Code Development
Requirements (Table 15.10.220) including lot coverage, minimum buildable lot size, setbacks,
and building height.
Floodplain status: According to the Kenai Peninsula Floodplain Map, the area is not located
within a flood zone.
Utilities: Water, sewer, and power are available to the property and the applicant is planning on
connecting to all of those. 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: According to City Code § 15.10.215 — Parking, multi -family dwellings are required to
have 2 parking spaces per dwelling unit plus 1/z space for every unit larger than 2-bedrooms or
greater than 1,000 square feet in size. The plan shows that there will be 10 parking spaces.
59
CONSISTENCY
CHECKLIST:
Yes
No
N/A
Comprehensive Plan (2030, approved by Council2017):
Vol I Ch 2.2.11 - Economic Base
• "Encourage the development of infrastructure expansion plans for
currently undeveloped residential and commercial property"
1
Vol I Ch 3.2 - Land Use
X
• "Promote residential and commercial development within the city of
Seward and its vicinity in accordance with community values."
Vol I Ch 3.3 - Housing
• "Encourage development of new housing in Seward."
Strategic Plan (1999):
The Strategic Plan encourages construction of residential housing at all
2
market levels (Page 9).
X
Expand availability of affordable, diverse, year-round housing (Page 18)
Staff Comments:
Department
Comments
No
Comment
N/A
Building Department
A building permit will be required
Fire Department
X
Public Works
Department
Needs a dig permit
Harbor Department
X
Police Department
X
Electric Department
X
Telecommunications
X
Public Notice:
Property owners within three hundred (300) feet of Lot 40, Block 2, Gateway Subdivision,
Addition No. 1 were notified of this proposed conditional use permit action. Public notice signs
were posted on the property and all other public hearing requirements of Seward City Code
§ 15.01.040 were complied with.
At the time of this publication the Community Development Department has received public
inquiries regarding the proposed Conditional Use Permit. Public comments regarding the project
have been submitted to the Planning and Zoning Commission for their review. If any further
correspondence is received after publication of this agenda statement, it will be presented as a lay
down item at the Commission meeting.
60
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 operation, the building will be constructed following requirements per
International Fire Code (IFC) and International Building Code (IBC)
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. A minimum of 10 parking spaces should be provided on -site.
4. All parking and maneuverability shall remain on site for the life of the use.
5. All areas not devoted to buildings, drives, walks, parking areas or other authorized
installations shall be covered with one or more of the following: lawn grass, natural or
ornamental shrubbery or trees.
6. Bear -proof / bird resistant containers shall be provided for all garbage and refuse for
the life of the use.
7. 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.
8. Modification of final approval of a conditional use permit may, upon application by the
permitee, be modified by the Planning and Zoning Commission:
a. When changed conditions cause the conditional use to no longer conform to the
standards for its approval.
b. To implement a different development plan conforming to the standards for its
approval.
c. The modification plan shall be subject to a public hearing and a filing fee set by
City Council Resolution.
RECOMMENDATION: The Community Development Department staff recommends approval
of Resolution 2022-008, granting a conditional use permit to Zimmerman Investments LLC to
construct a multi -family dwelling at 2011 Dunham Drive on Lot 40, Block 2, Gateway
Subdivision, Addition No. 1, in a Multi -Family (R3) Zoning District.
61
MY OF SEWARD
P. O. Box 167
410 Adams Street
Seward, Alaska 99664
L. ;
Co auuity Development
907.224.4049 907.224.4038fax
CONDITIONAL USE PERMIT APPLICATION
This completed application is to be submitted to the Community Development Department no later than
three (3) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting.
Regular meetings are held the first Tuesday of each month. The application must be accompanied by
the $250 filing fee. 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:
Address:
Telephone Number: _ • 7�`�,�,�
Property Owner (if other than applicant):
Address:
Telephone Number: — ' —2 Email:
Prom& D®scri ption
Address: Z 1- '�� '�5f
L j � LotSize:
= ! ;� 1 - Block: � Subdivislon:
72, tl -
Kenai Peninsula Borough Tax Parcel ID Number: S-3�_
Develo ment Information
What structures are on the property? 0 yU
Now Is the property being used?
What is the proposed use of the property?
W at is the development timeline? ID •
"t`udr�7� Of12
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 atfached pages for specific City Code requirements)
1-IN
A) The proposed use is consistent with the requirements of the Seward Zoning Code and the
designated zoning district. Please describe the use.
.
13) Describe any impacts to the adjoining properties and how property values may be affected.
C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can
view the plan at: htt:/lwww.ci ofseward.us/
D) Describe 1 list the public services and facilities that will serve the proposed use. (i.e., roads,
utilities.)
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.
F) Include building elevation plans and a site plan, drawn to scale. The site plan should include:
1) Property dimensions
Z) Location and dimensions of existing and planned buildings
3) Parking configuration
4) Driveways and access
5) Natural features
63
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 properly;
( Owner of record
[ jLessee
[ ) Contract purchaser
( j Authorized to act for a person who has the following legal Interest:
I understand that this item will be scheduled for action only if all application materials are
submitted not less than three weeks in advance of the next regularly scheduled Planning and
Zoning Commission meeting. Regular meetings are held the first Tuesday of every month.
Applicant Signature:
Property Owner Signature:
Enclosed:
$250 Payment 00
Dimensioned plot plan / drawings
Other:
64
Conditional Use Permit for Gateway
Subdivision Addn. No. 1, Lot 40
Block 2
Due to different data sources property lines and aerial
imagery do not overlay correctly. Map is to be used for
orientation and reference purposes only.
2011 Dunham Drive
N Drawn By: Selena Soto
0 60 120 240 Feet
Mapping Assistance by Alaska Map Company, LLC
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71
CITY OF SEWARD, ALASKA
AFFIDAVIT OF MAILING
PUBLIC HEARING NOTICE
Sy,,� �Sbtx) , upon oath, deposes and states:
That she is employed in the Clerk's Office of the City of Seward, Alaska; and that on
V,DA-y,,, 1G fi^ she mailed a Notice of Public Hearing to the real property
owners within a 300-foot periphery of Lot 40, Block 2, Gateway Subdivision,
Addition No.1, Located at 2011 Dunham Drive as prescribed by Seward City Code
15.01.040/ 16.01.015 .
Affirmed and signed this IS' day of N4-vc 2022.
r`a
AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
hereby certify that I have posted a
Notice of Public Hearing, as prescribed by Seward City Code '
15.01.040/16.01.015 on Lot 40, Block 2 Gateway Subdivision addition No.1,
located at 2011 Dunham Drive; that has petitioned for a Public hearing for
Resolution 2022-008 to approve a Conditional Use Permit to construct a Multi -
Family dwelling within a Multi -Family (R3 Zoning District.
The notice was posted on which is l , days
prior to the public hearing on this petition. I acknowledge this Notice must be
posted in plain sight, maintained and displayed until all public hearings have
been completed.
Affirmed and signed this day of , 202
S i gnatu e
73
CITY OF SEWARD
410 ADAMS STREET
PO BOX 167
SEWARD AK 99664 Received
phone: (907) 224-4050 From
RECEIPT # 416io
3/15/2022
Lookup Name Payment Type Check # Amounts
11122 COMMUNITY DEVELOPMENT Check 0010910 Due 330.00
Tendered 330.00
Change Due
Description:
CUP-2011 Dunham Dr.
Taxes Payable - Sales 21.59
Zoning Fees 308.41
74
Memorandum
Date: April 5, 2022
To: Planning and Zoning Commission
From: Jason Bickling, Community Development Director
RE: Election of Chair & Vice Chair
Former Chair Cindy Ecklund was elected as the Borough Assembly Representative in October
2021, leaving a vacancy for the Chair position in the Planning and Zoning Commission. That
vacancy was never filled, and now as of February 2022, Vice Chair Tom Swann's term has ended,
leaving a vacancy for the Vice Chair position as well.
The Chair presides at the meetings and work sessions, and in the absence of the Chair, the Vice
Chair fills in as the presiding officer.
Below are guidelines you may wish to follow for the election of the Chair and Vice Chair positions.
VOTING & APPOINTING PROCEDURE
1. The Presiding Officer opens the floor for nominations of Chair.
2. Any commissioner, including the Presiding Officer, may nominate one or more
commissioner for the position.
3. If only one nomination is received, a motion is made to close the nominations and cast a
unanimous ballot for the chosen person. That motion will need a second and can be
approved by unanimous consent (no roll call is necessary).
4. If more than one nomination is received, paper ballots will be distributed for each
commissioner to sign and vote for a nominee, or else the commission may conduct a voice
vote. It takes four affirmative votes to be appointed.
Once the Chair is elected, the same procedure is repeated for the Vice Chair.
W
CALL TO ORDER
The March 1, 2022 regular meeting of the Seward Planning & Zoning Commission was
called to order at 7:00 p.m. by Presiding Officer Clare Sullivan.
OPENING CEREMONY
The commission led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Vacant presiding, and
Nathaniel Charbonneau
Clare Sullivan (presiding) Victoria Monaco
Brenan Hornseth Troy Staggs
Comprising a quorum of the Commission; and
Jason Bickling, Community Development Director
Brenda Ballou, City Clerk
Excused — Verhey
Absent — None
Vacant — One
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING — None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Charbonneau/Hornseth)
Approval of Agenda and Consent Agenda
Hornseth noted that the start time on the January 18 minutes should be corrected to start at 6:00
p.m. rather than 7:00 p.m. The city clerk would make that housekeeping change.
Sullivan removed the setting of the work session topic from the agenda and explained there would
be a joint work session with the Seward Bear Creek Flood Service Area Board on March 22, 2022
and there would not be a work session on March 15, 2022.
Motion Passed
Unanimous
The clerk read the following approved consent agenda items:
Approval of the January 18, 2022 Special Meeting Minutes.
rc.
Approval of the February 15, 2022 Special Meeting Minutes.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS — None
PUBLIC HEARINGS
Resolutions Requiring Public Hearing
Resolution 2022-003, Recommending City Council And Kenai Peninsula Borough Approval
Of The Preliminary Replat Of Lot 6A-2, Fort Raymond Subdivision Replat No. 3, Creating
Two Lots; Lot 6A-3 And Lot 6A-4.
Motion (Charbonneau/Monaco)
Approve Resolution 2022-003
City Planner Courtney Bringhurst recited the agenda statement and recommended
approval.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened. No one appeared and the public hearing was closed.
Staggs wanted clarification on the well location in relation to the animal shelter. Bickling
stated the well would be outside of the 200 foot radius required, and the animal waste would not
be positioned near the well.
Motion Passed Unanimous
UNFINISHED BUSINESS — None
NEW BUSINESS
Resolutions
Resolution 2022-004, Recommending City Council Approval Of The Planning And Zoning
Commission Priorities From March 2022 To March 2023.
Motion (Charbonneau/Staggs) Approve Resolution 2022-004
Bickling stated this resolution reflected the priorities identified at the last work session. If
the commission approved this resolution tonight, this would be used for discussion during the joint
work session with council at the end of the month.
Charbonneau was pleased with the work session results in this resolution. Sullivan
concurred and thought this was a clear path for the commission to follow.
Motion Passed
Unanimous
r&A
Other New Business Items
. This item was removed from the agenda.
INFORMATIONAL ITEMS AND REPORTS
Reminder: March 22, 2022 joint work session with the Seward Bear Creek Flood Service Area
(SBCFSA) Board at 6: 00 p.m.
Reminder: March 29, 2022 joint work session with City Council at 6: 00 p.m.
Reminder: April 5, 2022 regular meeting at 7: 00 p.m.
CITIZEN COMMENTS — None
COMMISSION AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Charbonneau thanked staff for their work, and welcomed the new commissioners.
Staggs appreciated being on the commission and he was looking forward to contributing.
Hornseth was looking forward to the work session with council.
Sullivan welcomed the new commissioners, and said she had not realized how much she
would be learning. She said the commission's work was important, and everyone should always
remember that they worked for the city council.
ADJOURNMENT
The meeting was adjourned at 7:22 p.m.
Brenda J. Ballou, MMC Clare Sullivan
City Clerk Presiding Officer
(City Seal)
78