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04192022 Planning & Zoning Work Session Packet
Planning & Zoning Commission Work Session Packet Work Session Tuesday, April 19, 2022 Council Chambers, City Hall 6: 00 p. m. The City of Seward, Alaska SEWARD PLANNING AND ZONING COMMISSION ib" WORK SESSION AGENDA April 19, 2022 6:00 p.m. Council Chambers Clare Sullivan 1. CALL TO ORDER Chair Term February, 2024 2. DISCUSSION ITEMS Nathaniel Charbonneau A. Review Seward 2030 Comprehensive Plan...............................Page 3 Vice Chair Term February, 2024 B. Short Term Rental Permitting and Regulation ...........................Page 32 Vanessa Verhey 3. ADJOURNMENT Commissioner Term February, 2023 Victoria Monaco Commissioner Term February, 2025 Brenan Hornseth Commissioner Term February, 2025 Troy Staggs Commissioner 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 Two^ ,low.-� . .. i ✓ `. yr Adopted: May 30, 2017 prepared by: PDC Engineers 2030 COMPREHENSIVE PLAN SEWARD, ALASKA Prepared For: The City of Seward, Alaska Prepared By: PDC Engineers Anchorage, Alaska Adopted By the City Council of the City of Seward May 30, 2017 by Resolution 2017-028 Adopted By the Kenai Peninsula Borough Assembly August 15, 2017 by Ordinance 2017-18 4 PREFACE This document was prepared for the City of Seward over the period 2015 - 2017. Development of the 2030 Seward Comprehensive Plan was based on continued involvement with the City of Seward as well as research and review of the existing documents by the consultants. The elements of the 2030 Plan incorporate information gathered during public meetings, Planning and Zoning Commission meetings, and information from numerous background documents. The 2030 Plan was presented to the City of Seward for public review in 2017. City of Seward P.O. Box 167 Seward Alaska 99664 City Council Jean Bardarson Marianna Keil Ristine Casagranda Sue McClure David Squires Eric Slater Deborah Altermatt Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Planning and Zoning Commission Cindy Ecklund Chair Martha Fleming Vice Chair Gary Seese Commission Member Margaret Anderson Commission Member Tom Swann Commission Member Craig Ambrosiani Commission Member David Carlton Jr. Commission Member City Administration Jim Hunt Ron Long Donna Glenz Dwayne Atwood City Manager Assistant City Manager Planner Planning Technician Citizens of Seward The involvement of many Seward residents in preparation of the 2030 Seward Comprehensive Plan is gratefully acknowledged. Kenai Peninsula Borough 144 North Binkley Soldotna, Alaska 99669 Consultant PDC Engineers 2700 Gambell Street, Ste. 500 Anchorage, AK 99503 907.743.3200 M I - 1 2030 Comprehensive Plan Update, Volume 1 Table of Contents 1 INTRODUCTION..................................................................................................................................2 1.1 A GUIDE TO THE USE OF THE SEWARD 2030 COMPREHENSIVE PLAN.........................................2 1.2 PURPOSE OF THE SEWARD COMPREHENSIVE PLAN...................................................................2 1.3 ACCOMPLISHMENTS OF THE SEWARD 2020 COMPREHENSIVE PLAN............................................3 2 SEWARD COMMUNITY VISION AND VALUES...................................................................................6 2.1 COMMUNITY VISION AND VALUES FOR 2030...............................................................................6 2.2 COMMUNITY VALUES..................................................................................................................6 3 GOALS, OBJECTIVES AND IMPLEMENTATION ACTION ITEMS..............................................12 3.1 ECONOMIC DEVELOPMENT.......................................................................................................12 3.2 LAND USE...................................................................................................................................13 3.3 HOUSING..............................................................................................................................................14 3.4 TRANSPORTATION...............................................................................................................................15 3.5 PORT AND HARBOR DEVELOPMENT..........................................................................................15 3.6 RECREATION........................................................................................................................................16 3.7 PUBLIC FACILITIES AND SERVICES............................................................................................17 3.8 NATURAL HAZARDS...................................................................................................................18 3.9 QUALITY OF LIFE.................................................................................................................................19 APPENDICES- MAPS..............................................................................................................................................21 ENGI�d 6 PLAN DESIGN GO-- 0 INTRODUCTION I-2 INTRODUCTION 1.1 A GUIDE TO THE USE OF THE SEWARD 2030 COMPREHENSIVE PLAN The 2030 Seward Comprehensive Plan Update (2030 Plan) is organized into two volumes. Volume I identifies the goals, objectives, and implementation action items, updat- ed and developed for each comprehensive plan element. Volume II presents background information and planning issues identified for each of these elements. The nine comprehensive plan elements include: economic development, land use, housing, transportation, port and harbor development, recreation, public facilities and ser- vices, natural hazards, and quality of life. The planning issues are community issues that have developed over time and are necessary to consider in implementing new projects that follow from the plan. The intent of Volume I is to provide a readily useable guide to aid the City of Seward and its citizens in the prepara- tion, adoption, amendment, revision, and implementation of specific plans, programs and regulations that derive from the vision embodied by the goals and objectives. In this introduction, the accomplishments of the 2020 Plan are listed as a baseline from which to proceed. The overall community vision and values follow immediately from the introduction. In the final section, the heart of the 2030 Plan, the goals, objectives and implementation action items are listed for the each of the plan elements. Volume II briefly describes the history, setting, and de- mographics of Seward, and then presents the background and analysis of each plan element identified in Volume I. The intent of this volume is to supply important sup- plemental information to assist the City of Seward in attaining the goals and objectives set forth in Volume I. 1.2 PURPOSE OF THE SEWARD COMPREHENSIVE PLAN The community of Seward has seen a significant amount of change since it was established as a port and selected as the southern terminus for the Alaska Railroad in the early 1900s. Over the past two decades, the community has experienced the increases in the cruise ship industry, increases in charter boat and railroad bookings, the opening of the Alaska SeaLife Center (ASLC), and intermittent coal shipments to various locations, primarily Korea. These changes have had significant effects on the land use, economy, and character of the community. M�d 1-3 2030 Comprehensive Plan Update, Volume IIII 0 The continuing challenge is to retain Seward's unique historic, small-town character, while pursuing modern economic development opportunities and accommodat- ing changes in business services, public facilities, and affordable housing. The 2030 Plan is the community's guide for managing this process. Seward is among the most active communities in Alas- ka in planning projects using the public process. The 1998 community vision project, which culminated in the development of the 1999 strategic plan, recommended revising the comprehensive plan in accordance with the goal: "Maintain Comprehensive and Land Use Plans that reflect and achieve the community's vision" The city has utilized the information gathered in previous commu- nity surveys, plans, the Partnership 2000 process, and the strategic plan visioning process to revise the present comprehensive plan. As dictated by the Seward City Code, the 2030 Plan contains both advisory and binding elements. The ad- visory elements include strategies for improving public services and facilities, promoting economic development, and maintaining and enhancing the quality of life. The binding element is the land use plan, which can be changed only by amendment, upon petition by the land owners or at the initiation of the Planning and Zoning Commission. The land use plan forms the basis for updating land use regulations and policies. Title 29 of the Alaska State Statutes requires that zoning regulations be based on a current comprehensive plan. The updated 2030 Plan helps to evaluate discrepancies between existing land use and what the plan has identified as preferred land use; thereby dictating what changes should be made to the existing zoning ordinance. Additional purposes for updating a comprehensive plan are that it will: • Anticipate trends in the community; forecast needs for land use, city infrastructure, public services, and economic development; and develop strategies to achieve community goals and objectives. • Provide guidance on how land use and infrastruc- ture decisions can create opportunities for economic development. • Guide the city on how to best use lands it owns through municipal entitlement under the Alaska Statehood Act. • Develop priorities and justify funding requests to the local community, Alaska State Legislature, United States Congress, and public agencies for capital and transportation improvements. • Maintain the health and safety of residents and visitors. • Coordinate and involve public agencies affecting the economic and social life of Seward. • Preserve and enhance the town's best features. • Foster participation of Seward residents in making public decisions, evaluating community progress, and developing community consensus on the future of the city. This plan has been prepared with the assistance of City Staff, community members, and representatives of rele- vant organizations through a series of public meetings. In the spirit of achieving long-term objectives for the greatest common benefit, the 2030 Plan addresses pri- vate as well as public lands, facilities, and services. It anticipates future needs and opportunities for the city. It is designed to ensure that Seward is a better place for people to live and work. 1.3 ACCOMPLISHMENTS OF THE SEWARD 2020 COMPREHENSIVE PLAN 1.3.1 ECONOMIC DEVELOPMENT Goal: Strengthen and diversify the economy of Seward by working with the private sector and other govern- mental units. • Completion of Army and Air Force military recreation camp enhancement projects. • Construction of a new cargo dock by Alaska Railroad Corporation (ARRC). • Continued development of the Seward Marine In- dustrial Center (SMIC). • Development of heritage tourism and other historic heritage opportunities. • Replaced the University of Alaska Fairbanks (UAF)-op- erated UNOLS research vessel. ENGI�d 8 PLAN DESIGN CONSfRN INTRODUCTION 1-4 1.3.2 LAND USE Goal: Maintain Seward's Land Use Plan as the primary local tool to ensure quality community land use arrange- ments, growth, and development to the year 2010. • Constructed new Community Library and Museum. • Constructed North Forest Acres Levee and Transfer Facility Road. • Adopted All Hazard Mitigation Plan, 2010. • Adoption of Floodplain Management Ordinance, Amended 2013 and 2016. • Reviewed and updated the Sign Code. • Consolidated, reviewed and updated all definitions in Title 15 of the city code. • Updated the Seward Marine Industrial Center (SMIC) Plan. • Adoption of Municipal Lands Management Plan in 2014 1.3.3 TRANSPORTATION FACILITIES Goal: Maintain Seward's Transportation Plan as the primary local tool to ensure safe and convenient trans- portation facilities that address the needs of Seward res- idents, businesses and visitors to the year 2010. • Completed construction of a new road from the Seward Highway to the transfer facility that bypasses the Forest Acres Subdivision. • Updated city code provisions for driveway widths. • Constructed a new road to Seward Mountain Haven long-term care facility. • Constructed a new SMIC breakwater to create a har- bor basin. • Upgraded the electrical service to the SMIC north dock. • Harbor expansion, including float replacement and electrical upgrades. 1.3.4 PUBLIC FACILITIES AND SERVICES 1.3.4.1 Utilities • Completed construction of an electric emergency generation plant and warehouse. • Continued placement of utility lines underground throughout the service area. • Completed electric utility rates study. • Major upgrade of Third Avenue water main. • Construction of new 600,000 gallon water storage tank. 1.3.4.2 Waste Management • Major upgrade and dredging of sewer lagoons at Lowell Point and SMIC. 1.3.4.3 Health Care & Social Services • Completed new long-term care facility. • Explored the feasibility of providing veterans care locally. • Established federally qualified health center clinic to provide more affordable access to primary health care. 1.3.4.4 Public Safety • ADA public sidewalk improvements, ongoing. • Supported Alaska Department of Fish and Game's Bear Safe Community Program. • Purchased a ladder truck for the fire department. • Relocated U.S. Coast Guard building a moorage to enhance response time and capability. 1.3.4.5 Governmental Services • Continued review of sites to identify an alternative location for the city shop facility. • Compiled, distributed, and posted on the City's web site a City of Seward directory of information. 1.3.4.6 Parks and Recreation Goal: Continue to improve the quality ofpublic facilities and services made available to the residents of Seward. • Platted, zoned, and dedicated for park purposes, Two Lakes Park, Waterfront Park, and Benny Benson Me- morial Park. Continued efforts to refurbish the Seward Community Cemetery and Woodlawn Cemetery. Continual yearly beautification of Hoben Park and Kawabe Park. M�d 9 M 1-5 2030 Comprehensive Plan Update, Volume 1 Completed automation of campground pay stations. Continued to work with ALPAR, the Kenai Penin- sula Borough and other agencies in the cleanup and reduction of trash and litter. 1.3.4.7 Cultural Facilities Options studied on refurbishing the Jesse Lee Home with local advisory board and recommendations lined out in Historic Structure Report. 1.3.5 EDUCATIONAL FACILITIES Goal: Support efforts to continually improve the quality of educational facilities located in Seward and ensure that these facilities continue to enhance the community. • Adjoined campuses for the pre-K 12 schools complex with a new bike path. • Replaced middle school. • AVTEC construction of new dormitory, new culi- nary arts facility, new heavy equipment and diesel mechanic facility, marine fire training facility and maritime simulator facility. • Constructed a city -owned live fire structural simulator. 1.3.6 COMMUNITY APPEARANCE Goal: Improve the appearance of the entire community through increased landscaping, beautification and litter control efforts, through more attention to sign control and through promoting the preservation of Seward's historic architecture. (See Parks and Recreation for accomplish- ments meeting this goal concurrently) • Many private businesses and residences along the Seward Highway/Third Avenue corridor and in the entire community landscaped their properties. • Installation of three new community signs: Welcome to Seward, Small Boat Harbor, and Downtown signs along the Seward Highway/Third Avenue corridor. • Removal of numerous abandoned and dilapidated buildings by both city and private property owners. • Improved pedestrian pathway for access to and from schools. • Upgraded downtown decorative lights to LED. ENGI�d 10 PLAN DESIGN GO-- SEWARD COMMUNITY VISION AND VALUES IV SEWARD COMMUNITY VISION AND VALUES 2.1 COMMUNITY VISION AND VALUES FOR 2030 Building on its impressive heritage and natural setting, • the community's vision for itself includes: an attractive, healthy, vibrant community; a strong diverse economy with quality business, educational and recreational opportunities; a process for orderly growth; and an appreciation of local history, culture and community. 2.2 COMMUNITY VALUES The values of a community reflect and drive the quality of its life. This quality is also impacted by such factors as: • geographic, cultural and historic features that are unique to a community; F" the type and quantity of human activities in the area as shown by economic indicators, vital statistics and population data, education and health statistics, and other data; the opinions and experiences that the community collectively embodies. In order to maintain or improve the overall quality of life, these underlying community values must be known and respected. The following are key community values identified by the citizens of Seward with supporting di- rections for the plan. 2.2.1 Small Town Feel and Atmosphere We value the "small town feel" and friendly atmosphere. M�d is 1-7 2030 Comprehensive Plan Update, Volume 1 6 The following items have been identified by citizens as contributing to Seward's small town atmosphere: • people are friendly and you know your neighbors • a comfortable, relaxed attitude • a dynamic historic downtown and a thriving boat harbor • a high level of citizen commitment to the community • convenient access throughout town; a pedestrian friendly downtown • pride in our historic downtown district and historical surrounding areas • an attractive community appearance 2.2.2 Natural Environment and Open Space We value clean air, clean water and a healthy, natural environment for people and wildlife. We value natural open spaces and the scenic views of the surrounding undeveloped mountains. We value quiet in our residential neighborhoods. We practice environmental leadership and act as environmental stewards • Consider how to best design construction that can be maintained over time without damaging the en- vironment, balancing near -term interests with the protection of future generations. • Recognize the interdependence of environmental quality, economic growth and social justice. • Plan for the careful use of natural resources in order to prevent depletion, prevent pollution and to do no harm to the environment. • Strive to reduce energy consumption, waste genera- tion, our dependence on fossil fuels and production of greenhouse gases. • Work to clean up environmentally impacted lands that impede a sustainable environment. • Strive to meet or exceed standards and regulations for compliance with state and federal environmental regulations. • Develop a beach erosion and storm surge protection program. • Protect our ecosystem and public health. • Preserve and protect the scenic views of the mountains and Resurrection Bay. • Seek ways to protect the watershed and mitigate de- velopment impacts on the slopes of Bear Mountain, Marathon Mountain, Mount Benson and the Mount Alice bench. • Encourage education and support our environment. 2.2.3 Community Appearance We value a clean, well - maintained community, beautification through landscaping, and restoration of our historic structures. • Encourage citizens as well as the city to take an active role in beautifying the community. • Maintain a clean, litter -free community. • Support an effective recycling program. • Continue to require landscaping plans for conditional use permits as feasible. • Continue the enforcement method for violations of city codes affecting community appearance. • Support activities initiated by the Seward Historic Preservation Commission (SHPC). • Implement aesthetics when designing and maintain- ing roadways. • Encourage historic conservation and preservation within our city. 2.2.4 Recreation We value diverse, year-round, indoor and outdoor recreational opportunities and facilities for residents and visitors of all ages. Md 12 PLAN DESIGN CONSTRUCT SEWARD COMMUNITY VISION AND VALUES 1-8 • Update the 1993 City of Seward Parks Master Plan and encourage regular updating. • Include a dog park in the Parks Master Plan. • • Support the development of indoor and outdoor rec- reational facilities. • 0 Explore development of a community center. that incorporate community resources into education programs. Support quality after -school education programs, including the Boys & Girls Club. Support adequate funding for education, including intra-school district sports and art and music programs. 0 Complete construction of new restroom at Wil- 2.2.6 liams Park. 0 Expand utility sites in campgrounds, based on demand. 2.2.5 Education We value a community that will ensure that pre-K-12 and post -secondary education institutions have the resources and programs to provide quality educational opportunities to our children and residents. • Support the return of a Community Schools concept for adult education. • Support a safer traffic route among the three schools by supporting the development of adjoining campuses for a pre-K 12 schools complex. • Support a local Head Start program. • Support the development of local University of Alaska campus (UAF-College of Fisheries and Ocean Sciences), the University of Alaska Anchorage (UAA)-Kenai Peninsula College (KPC) Resurrection Bay Extension Site, associated courses and degree programs. • Support infrastructure for the R/V Sikuliaq and their research. • Support the mission and programs of the Alaska Vo- cational Technical Center to develop the workforce. • Support educational opportunities which are enhanced by Seward's physical geography and economic activities. • Support the efforts of all educational organizations and government agencies, including the Seward Community Library and Museum, Alaska SeaLife Center, National Park Service (NPS), and US Forest Service (USFS), to provide educational opportunities Health Care We value effective, accessible, and affordable healthcare. • Explore the feasibility of a borough health care ser- vice area. • Support additional beds and short-term stay beds at the hospital. • Support co -location of long-term care facility and medical center. • Explore the feasibility of providing veterans care locally. • Support medical health care professionals to relocate to Seward. • Pursue affordable health care insurance through bor- ough, state and federal sources. • Encourage cooperation between all health care pro- viders. • Support educational, preventative and rehabilitation social services. • Retain Seward as the hub for social services on the Eastern Kenai Peninsula. • Continue to support Independent Living Center, SeaView Community Services and Seward Senior Center and other similar organizations. • Explore the After Birth Services for families in Seward. • Pursue program for restoring ground ambulance ser- vice between Seward and Anchorage. • Maintain status of federally qualified health center, which provides federal funding and access to afford- able health care for the uninsured and underinsured. PLAN DESIGN CONSTPIICT 13 ME 2030 Comprehensive Plan Update, Volume I 2.2.7 Community Partnerships We value the contributions of the various organizations and individuals who work to better our community. • Encourage all citizen participation in community organizations. • Continue support for active city/borough relationships in areas of mutual interest that impact our community. • Continue supporting community organizations and their private grants that enhance our community. • Approve resolutions of support for endeavors and projects of various organizations and individuals which benefit the community. • Continue community support for the collaboration between the Seward Library & Museum and the Res- urrection Bay Historical Society (RBHS), and the Seward Community Library Association. 2.2.8 City Government We value an open, responsive city government based on a high level of citizen input and community involvement. We value a fiscally sound government that provides high quality services. • Keep up-to-date the City of Seward directory of in- formation on the City's web site. • Continue to review and update the city code. • Develop practical enforcement procedures for code violations. • Recommend the development of a policy and proce- dure manual for each department. • Explore the possibility of annexing surrounding areas, studying economic and social effects. • Support for continued legislative services and lobbyists. • Create a funding mechanism for the repair and re- placement of city infrastructure. • Replace outdated technology to improve productivity and public service. 2.2.9 Public Safety We value a safe community and a feeling of security. • Support adequate police services and equipment. • Periodically review, evaluate, update, and conduct simulations of all emergency plans, especially the Emergency Preparedness Plan, training core city staff and community members. • Support a safe house for victims of domestic violence. • Maintain an effective public safety communications network in Seward, including an enhanced emergency 911 system and corrected street addresses. • Encourage annual reporting of crime statistics, analysis of crime incidents, and recommendations for solutions. • Encourage marine safety activities. • Establish additional north -south routes throughout the community for emergency evacuations. • Identify & support an appropriate site for a new an- imal control shelter. • Ensure a high level of fire protection within the com- munity by periodic evaluation and update of the Fire Master Plan. • Continue support of Seward Volunteer Ambulance Corps. Anticipate future demands for their services and how to best meet those needs. • Support the installation of ambulance warning lights at the intersection of Third and D Street. • Continuously plan for future police services to ensure the highest level of public safety within the community. • Review, update and support the Hazard Mitigation Plan. • Continue to support Alaska Department of Fish and Game's Bear Safe Community Program. • Continue support of the Seward/Bear Creek Flood Service Area Board. • Improve and increase the availability of public parking. • Improve the safety of city -owned buildings. • Improve pedestrian and street lighting. • Support fire services, volunteer fire fighters and equipment. ENGI�d 14 PLAN DESIGN CONSfR- 0 SEWARD COMMUNITY VISION AND VALUES 1-10 • Support upgrading fire station, and addition of annex station. 2.2.10 Land Development We value orderly growth and balanced development that is driven by community consensus in conformance with the land use plan. • Develop a land use plan for the former Air Force Recreation Camp property. • Ensure all adopted codes reflect community values. • Encourage home ownership opportunities. • Develop a land use plan for the east side of Resur- rection Bay. • Enable a more viable property use at Fifth Avenue and B Street by encouraging the relocation of the State maintenance facility. • Enable a more viable property use at the site of the existing public works facility by encouraging the valuation of the public works facility. 2.2.11 Economic Base We value a stable economic environment, economic diversity, year-round businesses, environmentally responsible industry, and employment that promote a high standard of living. • Support adoption and incorporation of the Chamber of Commerce Economic Growth Plan. • Provide modern communications infrastructure. • Explore ways to reduce energy costs. • Encourage the development of infrastructure expan- sion plans for currently undeveloped residential and commercial property. • Promote infill development by encouraging and pro- moting construction on vacant sites in areas of the city which are already established • Explore incentives to attract more year-round private sector industries to augment the tax base. • Support the promotion of sporting, cultural events, conventions and other activities year-round. • Support an aggressive Chamber of Commerce mar- keting campaign highlighting the quality of life and diverse resources that make Seward a desirable place to live and establish a business. • Expand maritime trade for commercial fishing, in- cluding the addition of a crane and grid. • Support Seward schools to attract and retain families. • Support expansion of the IMS UAF-CFOS-Seward Marine Center and R/V Sikuliaq infrastructure. • Improve and expand port facilities to attract more maritime trade. • Continue development of SMIC as a revenue source with year-round employment opportunities. • Encourage the prudent management of resources for healthy commercial and sports fishing industries. • Promote and protect wild salmon habitat to reduce dependency on hatchery -raised salmon smolt. • Promote expansion and development of local marine entrepreneurial businesses. • Maintain haul out facilities for all vessels. • Educate and encourage historic economic incentives. • Support expansion course and degree offerings in Seward by the University of Alaska through either UAF-CFOS or KPC-RBE. 2.2.12 Transportation Facilities We value diverse transportation facilities including road, rail, air, pedestrian, and water routes that meet the needs of residents, businesses and visitors. 2.2.12.1 Traffic Management • Develop a transportation plan for Seward. M�d M 2030 Comprehensive Plan Update, Volume IIII • Designate truck and bus routes to minimize traffic in residential neighborhoods. • Support enhanced public transportation throughout the community. 2.2.12.2 Parking, Loading Areas, and Transportation Facilities • Assure adequate public parking and loading areas for the harbor slip -holders. • Encourage safe on -site loading areas for service ve- hicles in commercial and institutional zones. 2.2.12.3 Road construction • Support adequate funding to maintain safe roads year round. • Support forward funding for major road repairs and upgrades. • Enforce sight triangles at major intersections to im- prove traffic and pedestrian safety. • Work with the Alaska Railroad Corporation to im- prove local railroad crossings. 2.2.12.4 Sidewalks, Bike Paths and Rights of Way • Approve a sidewalk and pathway policy to enhance pedestrian mobility and safety. • Support efforts to maintain integrity of the waterfront bike path. • Support efforts to extend the bike path out the Seward Highway. • Extend boardwalk to the South harbor uplands. • Support reconstruction of the Benny Benson Lagoon boardwalk. 2.2.12.5 Air traffic • Establish flight corridors to minimize intrusions on the community's quality of life. • Support commercial commuter service. • Support the State's airport improvement plan. 2.2.12.6 Marine • Support establishment of Alaska Marine Highway System service. 1Mid 6 PLAN DE51GN CONSTRUCT 0 GOALS, OBJECTIVES AND IMPLEMENTATION ACTION ITEMS 1-12 GOALS, OBJECTIVES AND IMPLEMENTATION ACTION ITEMS 3.1 ECONOMIC DEVELOPMENT 3.1.1 Attract new business and industry to the greater Seward area. 3.1.1.1 Develop an active marketing campaign that highlights the diverse resources and quality of life that makes Seward an attractive place in which to live and to establish a business or industry. • Support efforts of village and regional Alaska Native corporations to expand business activities and services. • Encourage the enhancement of private businesses in downtown Seward as the community's traditional retail core. • Promote seasonal and year-round tourism, including heritage tourism. • Promote year-round sporting events, cultural produc- tions, conventions and other activities. • Support Alaska Native cultural events and activities. 3.1.1.2 Update and expand infrastructure for commercial and industrial properties that are currently underdeveloped. Encourage development of Seward's Industrial Zone. • Support railroad expansion plans and extend utilities to Alaska Railroad lands. • Support and improve the airport. • Improve roads within the industrial zone. • Encourage and support downtown revitalization ef- forts on vacant and dilapidated buildings. • Support development of modern communications infrastructure. • Continue to support efforts to develop alternative energy sources. • Improve and expand maritime facilities (see Port and Harbor Development). M�d 17 1-13 2030 Comprehensive Plan Update, Volume 1 3.1.1.3 Enhance Seward's international role in 3.2 LAND USE trade and tourism. • Explore foreign trade zone. • Develop Heritage Tourism and other historic heritage opportunities. 3.1.1.4 Support private sector business, employment, and programs. • Support home businesses. • Support and encourage the growth of business. 3.1.1.5 Support public sector employment and programs. 3.1.1.6 Support existing public institutions in their effort to maintain, expand and develop. • Continue to advocate on behalf of the University of Alaska in their efforts to enhance research and in- structional activities in Seward. • Continue to advocate the Department of Corrections and Alaska State Legislature to expand the Spring Creek Correctional Center (SCCC). • Continue to advocate for the growth of the Alaska Vocational Technical Center (AVTEC). • Continue to support external funding for the Alaska SeaLife Center (ASLC). • Support existing public institutions in their efforts to maintain, expand and develop. 3.1.1.7 Encourage and assist in the development of new public services and facilities. • Support the construction of a courthouse/public safety building in Seward. • Encourage additional military facilities that upgrade Seward as a Morale Welfare and Recreation (MWR) destination. • Continue to explore economic renewable energy projects. 3.2.1 Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values. 3.2.1.1 Manage land use to facilitate economic development while maintaining the historic, small town character of Seward. • Use city -owned land and tidelands to encourage feasible and sound economic development by setting devel- opment standards and performance periods through the leasing process. • Update, as needed, the Municipal Lands Manage- ment Plan. • Develop infrastructure and utility expansion plans for all undeveloped residential and commercial property within city limits. • Ensure uniform and consistent enforcement of the zoning code, building code, subdivision ordinance, and city lease agreements, and evaluate potential code changes to make enforcement easier. • Raise public awareness of development requirements in each zoning district. • Support the on -going dialogue with the Alaska Rail- road Corporation and the State of Alaska regarding the status and disposition of their undeveloped lands. • Develop and adopt open space overlay district. 1Mid 8 PLAN DESIGN CONSTRUCT 0 GOALS, OBJECTIVES AND IMPLEMENTATION ACTION ITEMS 1-14 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. • Support apartments and other high density residential development, including seasonal worker housing. 3.2.1.3 Establish an attractive highway corridor from Mile 0 to 8. • Coordinate with local residents and the Kenai Peninsula Borough Planning Department to develop a specific land use plan for the corridor from Resurrection River to Mile 8 and areas adjacent to the city. 3.2.2 Continue to support and improve the capacity of the office of Community Development. 3.2.2.1 Maintain community vision through rigorous implementation and update of the Comprehensive and Land Use plans. • Regularly review, update, and affirm the Comprehen- sive and Land Use plans through public participation in town meetings, outreach to community groups, and increased public relations. • Review and recommend administrative and legisla- tive decisions for consistency with the goals of the Strategic and Comprehensive plans. • Update the zoning code in order to implement the Comprehensive Plan and bring the zoning map into conformance with the Land Use Plan. 3.2.2.2 Improve the capability of the office of Community Development to develop land use and other maps in Seward. Continue to support and fund in-house Geographic Information System (GIS) capability by coordinat- ing with other agencies to build on existing borough mapping that shows zoning, subdivisions, existing uses, natural hazards, and other GIS data. Obtain equipment, software and training necessary to produce custom maps with overlays for presenting land use information necessary for project exhibits used in planning, code revisions, purchasing, selling, and development proposals. 3.3 HOUSING 3.3.1 Encourage development of new housing in Seward. 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups. • Develop a comprehensive housing plan to identify specific needs, to encourage residential development within the city, and to provide a reasonable range of housing options. • Obtain information from comparative communities throughout the nation concerning their housing pro- cesses, including subdivision development. • Encourage the development of seasonal employee housing. 3.3.1.2 Create incentives to provide land for housing development within the City of Seward. 3.3.1.3 Assess solutions to extend cost- effective utilities to home sites on land zoned for residential development. • Set priorities for utility extension in a manner that encourages orderly residential development within and outside city limits. • Authorize engineering studies to determine the costs of utility extensions to developable land within the city. �77 PLAN DESIGN CONSTPIICT 19 2030 Comprehensive Plan Update, Volume 1 • Study forming Local Improvement Districts (LIDs) to create an equitable method of paying for extensions by developers, buyers, and/or the city. • Encourage energy efficiency. 3.4 TRANSPORTATION 3.4.1 Provide safe and efficient vehicular transportation facilities that meet the needs of the community. • Facilitate and develop the public right of way connec- tion of Benson Drive through to Dora Way. • Complete the development of the existing Hemlock Avenue right of way east from Afognak through to the Seward Highway. • Examine and implement the development of a round- about at the Hemlock Avenue and Dimond Boulevard intersection. • Support enforcement/compliance of legal parking, storage and use of the public right of way. • Improve public transportation between downtown and the harbor. • Enforce parking consistently in the downtown and harbor areas. • Examine and implement a range of public parking solutions in the boat harbor area including: 0 Encourage day cruise and sport fishing charter operations to provide offsite private parking for their patrons. 0 Continue to provide information on parking lo- cations and regulations. • Explore and improve Industrial Zone traffic route. • Support the upgrade of Lowell Point Road. • Pave Oak Street route to Seward Mountain Haven care facility. • Pave Dieckgraeff Road to Dimond Blvd intersection. 3.4.2 Expand and maintain existing sidewalks and the multi -purpose trail system in order to provide safe, fully accessible, pedestrian pathways throughout the city. • Develop an improvement plan for safe pedestrian and vehicular traffic articulation, including sidewalk extensions and year-round maintenance of pedestrian pathways. • Support the construction of sidewalks throughout the community. • Connect schools and residential areas through the development of safe public rights of way, sidewalks and trails. • Support the construction of a pedestrian and bike paths within the community. 3.4.3 Improve the usability of the state owned airport. • Encourage the State to: 0 Complete and implement a flood mitigation project to protect the runways from flooding. 0 Upgrade navigational aids with the latest, indus- trial standard technology. 3.4.4 Support the return of the Alaska Marine Highway presence in Seward. 3.5 PORT AND HARBOR DEVELOPMENT 20 M�d 0 GOALS, OBJECTIVES AND IMPLEMENTATION ACTION ITEMS 1-16 3.5.1 Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and implementation of management plans. 3.5.1.1 Encourage the growth and development of an efficient, functional boat harbor that meets Seward's commercial and recreational needs. • Ensure sound development of private and public har- bor uplands with a plan that addresses the needs of harbor users and visitors by reviewing allowed uses in the harbor zoning district, including public parking and amenities. • Continue to add public amenities and improve the look of the harbor area through landscaping, and litter control. 3.5.1.2 Plan for adequate port infrastructure that will serve the needs of users in the main industrial/Alaska Railroad area and at the Seward Marine Industrial Center (SMIC). • Support the Alaska Marine Highway System and Alaska Railroad to continue intermodal dock im- provements. • Continue working with the Alaska Marine Highway System (AMHS), Alaska Railroad, and cruise ship industries to develop convenient and well -publicized local, state, and national transportation connections from the port areas. • Coordinate with Seward Terminal and the Alaska Railroad in developing multiple uses of the coal load- ing dock. • Support the SMIC Development Plan to include new market trends and modern technologies for ship repair and construction, shipping of natural resource prod- ucts, boat storage, and other compatible industries, soliciting support from Alaska Industrial Development and Export Authority (AIDEA) and the US Economic Development Administration (EDA). • Support breakwater and harbor development that would accommodate large vessels. 3.6 RECREATION 3.6.1 Improve, expand and diversify year-round parks and recreational opportunities for residents and visitors. 3.6.1.1 Improve existing and develop additional recreational infrastructure. • Improve playgrounds. • Maintain city campgrounds to include planting of native trees and shrubs, and ensures protection of the beach habitat. • Develop a landscape plan for Waterfront Park that provides for additional green space. • Encourage and continue development of walking and bike paths that connect residential areas to schools, parks and retail locations which are safe and as un- encumbered by vehicles as possible. • Sustain current zoning for city park lands. • Identify, protect, and preserve scenic and natural areas for recreational enjoyment. • Continue to protect and preserve all city parks. • Add additional park restrooms. • Address coastal erosion impacting waterfront camp- ground and bike path. M�d Q 1-17 2030 Comprehensive Plan Update, Volume 1 0 3.6.1.2 Update the 1993 Parks and Recreation Master Plan for improving and expanding recreational facilities, parks, playgrounds, day -use areas, camping areas, and trails, addressing the following items: Maintain public access to beaches by continuing City ownership of tidelands and upland access points. Develop an acquisition strategy to identify and secure sufficient and suitable public lands for parks, sports fields, greenbelts, open space, trails, trailhead parking and other public facilities, including easements to access these public lands. Ensure that Municipal land acquired for or converted to long-term or permanent -park or recreational uses are officially dedicated as park land. 3.6.1.3 Develop and promote winter tourism by expanding opportunities, creating advertisements, and marketing incentives to visit Seward during winter months. Support visitor studies that eliminate the duplication of counts and provide year-round visitor counts to target marketing. Support and promote existing back -country activities in cooperation with state and federal park agencies, Seward Parks and Recreation, and Seward Chamber of Commerce, and plan for future opportunities. Encourage the expansion of cross-country skiing and snow machining trails and the development of infra- structure for alpine skiing and ice- skating/hockey. 3.7 PUBLIC FACILITIES AND SERVICES 3.7.1 Support efforts to continuously improve the quality of educational facilities and services. 3.7.1.1 Support development of infrastructure and acquisition of land that promotes educational activities. • Promote improved telecom capabilities for long dis- tance learning opportunities at the public schools, Alaska Vocational Technical Center, Alaska SeaLife Center, and other places of learning in the community. • Continue to coordinate with the Kenai Peninsula Bor- ough, the Kenai Peninsula Borough School District, and the community to provide limited, safe access between Seward Elementary and Seward Middle and Seward High schools for emergency and bus transport purposes. • Continue to identify and acquire land, working with the Kenai Peninsula Borough to develop the pre-K 12 public school campus fully with adequate playing fields, safe road access, and compatible trail systems. 3.7.1.2 Support, strengthen and develop diverse educational and research programs at various public and non- profit institutions. • Support continued development and dissemination of educational programs and research at the Alaska SeaLife Center. • Support the expansion of research and public infor- mation capabilities of the Seward Marine Center, University of Alaska Fairbanks. • Continue working with the Kenai Peninsula College, University of Alaska Anchorage to form a degree -grant- ing branch. • Support the life-long learning needs of community residents through a variety of formal and informal educational opportunities. • Support the continued home porting of the research vessel Sikuliaq. • Provide opportunities for integrating arts and culture support programs in developments throughout the community. • Encourage the year-round use of public schools as neighborhood and community centers. M 22 7d PLAN DESIGN CONSTRUCT 0 GOALS, OBJECTIVES AND IMPLEMENTATION ACTION ITEMS 1-18 • Support the design, funding and construction of a 3.7.1.6 Maintain and actively enforce a new indoor recreation facility. hazardous material disposal program that coordinates with Borough, State, and Federal regulatory agencies. 3.7.1.3 Continue to improve the quality and efficiency of city governmental services. • Continue to revise and update the Seward City Code. • Adopt a community impact review process for pro- posed retail developments over 15,000 square feet. 3.7.1.4 Continue to upgrade and expand utilities to meet existing needs and encourage future development. • Evaluate and implement ways to equitably extend utilities to areas that are priorities for residential de- velopment (see Housing). • Continue to conduct rate studies on utilities as needed. • Support efficient, economic alternative sources of energy and feeding into the power grid. • Expand customer base within the Seward Electric Utility area as a means to reduce energy costs and improve services. 3.7.1.5 Plan to relocate and rebuild selected city facilities to improve compatibility with land uses and increase cost- effectiveness of services. • Relocate the city shop to a more appropriate area. • Support the design and construction of a recreation facility. • Relocate the animal shelter facility to a more appro- priate area. • Study the feasibility of a new city hall facility that consolidates city offices, separating out the state court- house and other state, borough and federal offices. • Support expansion and modernization of health care facilities. 3.7.1.7 Encourage the development of cost- efficient options for renewable energy production in Seward. 3.7.1.8 Support and develop opportunities for individual and community health improvement. 3.8 NATURAL HAZARDS Ire 3.8.1 Promote community safety from natural disasters through mitigation measures and preparedness training. 3.8.1.1 Develop an open spaces overlay district. 3.8.1.2 Protect citizens from natural hazards by using appropriate land use policies and regulations. 3.8.1.3 Create sound public uses of potentially hazardous lands. • Continue to identify areas subject to natural haz- ards with appropriate state and federal agencies and understand the nature of these hazards particularly earthquakes and tsunamis, flooding, avalanches and landslides, and saturated soils. �77 PLAN DESIGN CONSTPIICT 23 2030 Comprehensive Plan Update, Volume 1 6 Use potentially hazardous public lands for low risk 3.9 QUALITY OF LIFE uses such as open space, wildlife and bird habitat protection, and recreation activities. 3.8.1.4 Mitigate flood hazards. • Secure funding to implement a comprehensive flood mitigation plan for Resurrection River and Japanese Creek. • Maintain the Fourth of July Creek dike system and keep channel clear of debris. • Continue support of the Bear Creek/Seward Flood Service Area in planning, developing and implement- ing flood mitigation measures in adjacent areas that impact the safety and functioning of the city. • Continue planning with USACE and Federal Delegation for replacement of the Lowell Creek diversion tunnel. 3.8.1.5 Control development on lands subject to risks from seismic activity, floods, steep slopes prone to erosion, avalanches, landslides, and saturated soils. • Support building codes and practices that allow safe utilization of potentially hazardous lands and conform to state and federal regulations. • Investigate land trades and other mechanisms for acquisition of potentially hazardous lands. • Advocate building standards and planning in areas outside the city working with the Bear Creek/Seward Flood Service Area to avoid inappropriate development. • Secure funding to continually and adequately clear river channels of gravel and debris. • Develop and implement a beach restoration program. 3.8.2 Plan and prepare for disasters. • Continue to participate in the National Flood Insur- ance Program. • Coordinate with the Kenai Peninsula Borough to an- nually review and update all disaster emergency plans. • Coordinate community wide disaster preparedness training and public education efforts. • Strengthen the capacity of Seward Mountain Haven commons to serve as an alternate emergency operation center in the event of a declared disaster. 3.9.1 Enhance the "sense of community" including its economic and historic significance among residents of the greater Seward area. 3.9.1.1 Maintain Seward's small town, family - oriented character throughout the growth process. Encourage citizen participation in local organizations and task forces. Support community engagement programs that promote positive adult -youth relationships and cross genera- tional activities that enhance health and well-being. Encourage community appreciation of local history and support the continuation of traditions such as the Mount Marathon Race and other historical events. 2Mid 4 PLAN DE51GN CON5TRUCT 6 GOALS, OBJECTIVES AND IMPLEMENTATION ACTION ITEMS 1-20 3.9.1.2 Encourage the recognition, rehabilitation and preservation of prehistoric and historic sites, transportation routes, trails, buildings, objects and artifacts. • Support the Seward Historic Preservation Commission's (SHPC) efforts to raise public awareness regarding the inventory of local historic properties; as well as those properties listed on local, state and national registers; and benefits of placing properties on these registers. • Evaluate incentives, procedures, and regulations to encourage continued identification, inventory, acqui- sition, preservation, and restoration of buildings and sites. • Develop with SHPC appropriate information, guide- lines and incentives for owners to incorporate historic preservation using the Secretary of Interior's Stan- dards for Historic Preservation or locally determined standards. • Add a voluntary historic resources survey as part of the application for city building and conditional use permits. • Encourage planning and adaptive use of historic prop- erties to promote residential, cultural, commercial, and heritage tourism purposes: • Clarify roles of SHPC, Planning and Zoning Com- mission, and the City of Seward in regulating historic preservation and integrating it into the planning process. • Encourage preservation of historic landscaping, sup- port the Seward Historic Preservation Commission's Historic Plant and Tree Register. 3.9.2 Improve the appearance of and reduce unnecessary noise in the entire community. 3.9.2.1 Encourage citizens, as well as the city, to take an active role in beautifying the community. • Encourage the landscaping of developed property. • Increase recycling efforts to reduce litter and impact on landfill. • Evaluate measures to control improper signage and community "eyesores." • Support and encourage solid waste management "3R's Reduce, Reuse, Recycle". • Support creation of a sustainable, comprehensive recycling program. • Support the Alaskans for Litter Prevention and Re- cycling (ALPAR). • Support Parks and Recreation Volunteer Community Clean Ups. • Support Christmas Tree Recycling for wood chips. • Evaluate citywide curbside pickup of recyclables. • Support community gardens. 3.9.2.2 Preserve and protect the scenic views of the mountains and Resurrection Bay. • Seek ways to minimize development impacts on the slopes of Bear Mountain, Mt. Marathon, Mt. Benson, and the Mt. Alice bench utilizing watershed protec- tion measures. • Ensure zoning that maximizes park purposes along the waterfront and waterway buffer areas, in partic- ular dedicating Waterfront Park for open space in perpetuity. • Promote ways to increase public awareness of historic significance along Waterfront Park. 3.9.2.3 Preserve the quiet of residential neighborhoods. • Support the ordinance on quiet hours. • Promote soundproofing of generators, air quality con- trol units, and other sources of noise in commercial or institutional zones adjacent to residential zones. �77 PLAN DESIGN CDNSTPIJ<T PIR Appendices - Maps 1-21 Appendices - Maps PLAN DESIGN CDNSTPIJ<T `11 Single Family Re itlential irr� rr� _ Is City of Seward Zoning Map SMIC e Map Components ® Sanitary Sewer Manholes © Lift Station PS- Pump Station Sewer Pressurized Mains Sewer Gravity Mains Water Parcels City of Seward, Sewer System Miles 29 30 Short Term Rental Regulation Change Discussion Intent: The intent of this proposed ordinance is to help re -instate balance to our community in regards to the housing issues that we are currently experiencing. Many other communities with similar characteristics (economies based heavily on recreation, tourism) are experiencing very similar issues and are actively addressing them. This is helpful as we can use their learning. One of the ways that they are working to bring balance back to their communities is capping the number of Short -Term Rentals (STRs). STRs are not a bad thing when used appropriately and within a certain percentage of overall homes and population. Here are a few articles in regards to what other communities are doing: https://money.com/short-term-rental-license-caps-affordability/ https://www.sfgate.com/renotahoe/article/Tahoe-caps-short-term-rentals-16806686.php As it was stated in one of the articles, STR Caps is not the solution but part of the solution, which is an important thing to remember. In addition to looking at STR regulation, the City of Seward is also taking other actions including: - Better education / communication about property use - Working on Code Compliance — process, enforcement - Empty Lot infill strategies - Making city land available for home development where appropriate - Extending utilities to lots that don't have it - Updating code to create flexibility and consistency around housing We are optimistic that if we put these items into place that it will begin to restore balance, making housing more accessible and affordable for both residents and workers. General Overview: Short Term Rentals are, in general, a good thing. They provide capacity in our community for visitors (tourists, contractors, etc.) that is beyond the carrying capacity of hotels. They generate direct and indirect revenue at local businesses. Kea We can see the growth of STRs in the greater Seward area (inside and outside of city limits) from December of 2014 to December of 2021. Alaska - Seward - STR Rental Supply & Demand aoa aoa Asa vnao � nnmeawa� zw \\ L iso Airbnb Data too Sa 5 � 9 4 e a �nlas4a-Beware T- I Ilable 1issings 1.11 alxe —absXa1 logs Fntse alse For the greater Seward area, there were 326 STRs operating in 2021. Of those, only 125 are inside City limits (roughly 38%). Those numbers have been relatively flat / consistent in 2019, 2020, and 2021. Below is a chart that shows the distribution of STIR listings by zone. STRs by Zone R1 12 9.6% R2 3 2.4% R3 1 0.8% RR 2 1.6% U R 26 20.8% AC 25 20.0% CB 38 30.4% HC 3 2.4% OR 15 12.0% Total 125 33 An important thing to note is that there are a number of individual properties that are zoned UR (whole house rental allowed) that are spotted throughout the downtown R1 zone because of some historic decisions. If you look on a zoning map, they appear to be spot zoned. I believe that some of these are assumed to be R1 by onlookers as they would appear if you were just driving through the neighborhood. Compliance: When we look at compliance, we need to make sure we have clear definitions of what that means. In the current conversations, we have two different definitions and measurements of compliance. When we define Hamari compliance, we are looking at those who are officially registered and have a complete set of paperwork (business license, STR permit, bed tax registration, Life Safety Inspection, etc.) and those who do not. By that definition, we only had a few STRs out of compliance in 2021. Those people/businesses are sent letters and followed up with to get their registration and paperwork complete to get into compliance. The second definition of compliance is whether or not a person/business is abiding by the code for their zone. The main concern that is widely discussed is the whole house rentals in zones where it is not permitted. The Land Uses Allowed Table (15.10.226) dictates that "House rental on a nightly basis" is NOT permitted in Rural Residential (RR), Single-family Residential (R1), and Single and Two Family Residential (R2). For anyone that attempts to argue or justify this based on other code, there is a code provision that states: 15.10.135 Conflicts between codes. Whenever there is a conflict within this chapter or with other ordinances pertaining to regulation of property within the City, the most restrictive regulation shall apply. Not being allowed to do something is the most restrict and therefore it applies to those zones. I looked up the current listings for each property in RR, R1, and R2 and according to the information that I was able to verify on their listing (Airbnb, VRBO, Web, etc.) here is what I was able to find in regards to the latter definition of compliance. This may not be 100% accurate but it's very close from what could be discovered on their listing. 34 STR Compliance (whole house) Zone # STR Compliant Not Compliant R1 12 8 4 R2 3 3 0 RR 2 1 1 Total 17 12 5 71 % 29% As you can see, R1 does have the lowest compliance when it comes to whole house rentals but it's not an exactly high number. (We are working on a process and materials for contacting those out of compliance by this definition. I'm not finding a lot of history on this type of compliance enforcement) I did not take the time to do in depth investigation of compliance on the other 100+ properties on outside of the R1, R2, and RR zones. We have anecdotally heard of other non-compliance in those zones and believe that it does exist but probably not to the degree that people think. I do believe that this information will be helpful to some unsubstantiated things that are out there as well as looking at making any code changes and zoning future residential developments. STR Regulation Any regulation that the City does would only affect those within City Limits. One approach would be to cap STRs at the number we are currently at and/or for those that have operated sometime in the last few years. Under that, those STR businesses that have been doing business, abiding by code, would not be affected by this proposed ordinance. The ordinance will help protect future housing development. Let's say we had a cap of 130. We would treat them like boat slips (which are limited in a different way) and someone would be put on a waiting list until one of those permits is vacated. B& P&Z Discussion How many STR Permits should there be issued? (What is the cap number?) Zoning Code regulation changes / Requirements?..............................................Page 37 • STR Operation min. to maintain permit— 90 days? FeeSchedule.......................................................................................Page 37 Non -Compliance Process.......................................................................Page 38 Code Definition Revisions.......................................................................Pages 39 - 45 • Hotel / Motel • Short Term Rental (STR) • Short Term Rental Permit Code Land Use Changes.......................................................................Pages 39 - 45 STRMaps...............................................................................................Pages 46 - 49 01 Short Term Rental Permits - DRAFT If you have been operating a short-term rental within the last 4 years (2019, 2020, 2021, 2022), you will be eligible to have a permit issued for each of your rentals. An STR Operator will need a separate permit for each individual rental / listing. Example: If I have a single building with 3 different spaces that have separate listings on AirBnB/VRBO/website, you will need to apply for 3 separate permits. If you own a hotel, you do not need a Short -Term Rental Permit. (Hotels do not have any negative effect on the housing shortage issues and they pay a majority of the bed tax). Short Term Rental Permits will be issued initially for the 2023 operating year and then renewed annually. Operators may apply for renewal of the permit for the following year starting November 1 of the current year. When they apply for the permit, they must acknowledge they will be operating that coming year. The term operating would be defined as so many days a year. (90 days?) If an operator decides they are not going to operate, they must let the City of Seward Community Development department know within 2 weeks when their last day is. If a potential operator wishes to obtain a permit and there aren't any available, they will be placed on a waiting list until one becomes available. The permits cannot be sold, transferred, or otherwise modified. Permits will not transfer with the property address or property owner, if the property is sold. Any unused permit will go to the next person on the waiting list for a permit. Fee Schedule: (The current fee schedule is minimal: They pay for their business license and that is it. We would like to introduce a fee schedule that is based upon the scale of the operation.) Permits for true BnBs1 room included in an otherwise owner -occupied house - $100 annually (up to 2 spaces) 1 to 3 self-contained spaces (kitchen, bathroom) - $250 annually 4 or more self-contained spaces - $500 annually Whole House Rentals - $500 annually (this is often less than one night's stay) Hostels - ?? 37 Consequences of Violating the STR Permit Regulations If an STR operator is found to be in violation of code in regards to zoning use or their permit use, their permit may be revoked. If a business does not actively use their permit for 90 (?) days per year, they will be considered inactive and forfeit their permit. If an operator chooses not to operate their business during any given year, they will forfeit their permit. If an operator is found to be operating without a permit: - they will be contacted and communicated to cease operation immediately. - If they continue, they may face fines and/or a lien on their property Effective Date This ordinance will take effect on January 1, 2023. 38 Lodging Definitions and Regulations Currently in City Code 15.10.140 - Definitions https://Iibrary.municode.com/ak/seward/codes/code of ordinances?nodeld=CD ORD TITI5PLLAUSRE CH15.10SEZ000 ARTIGEPR 15.10.140DE (49) Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping accommodations for a period of less than 30 consecutive days. The use includes the providing of meals to overnight guests only. This use includes bed and breakfast, but does not include motel, hotel or hostel. a. Bed and breakfast. An owner occupied and operated single-family residential dwelling where lodging with a meal is provided for compensation on a short-term basis. The term does not include boardinghouses and separate apartments which are leased on a month -to -month or longer basis. b. Boarding or rooming. An owner occupied building which has not more than five rooms available for rent or lease on other than a day-to-day basis and not open to transient guests for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms. Meals may be regularly prepared and served for compensation at a table, family -style, without service or ordering of individual portions from a menu. The term includes lodging house or rooming house but does not include separate apartments with individual kitchen and bath facilities. C. Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for hikers, cyclists or other travelers not generally traveling by car. d. Hotel. A facility with six or more guest rooms and on -premises management offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns. e. Motel. A building, or group of detached or connected buildings, having six or more guest rooms, an on -premises manager and parking conveniently located on the premises, which are designed primarily to offer sleeping accommodations, with or without meals, to the motoring public on a daily rate. Includes designations such as motor lodges, auto courts, tourist courts and similar terms. (65) Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land, including the attorney or agent thereof. 15.10.226 — Land Uses Allowed https://Iibrary.municode.com/ak/seward/codes/code of ordinances?nodeld=CD ORD TITI5PLLAUSRE CH15.10SEZ000 ART21DIRE 15.10.226LAUSAL (b) Lodging as defined in section 15.10.140B. is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the City shall conduct an annual life safety inspection of each guest room to assure compliance with the current adopted building code door/window egress standards, the presence of an operable W1 and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. (2) Parking will be provided in accordance with section 15.10.215 of this chapter. (3) No cooking or cooking facilities are permitted in individual guest bedrooms. (4) Within single and two-family residential districts, lodging is limited to a home occupation within an owner -occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (5) In all other residential districts, lodging within single-family residences and duplexes is limited to a home occupation within the business owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (6) Within commercial districts, lodging is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. (7) Multifamily dwellings used for lodging purposes are not required to be the business or property owner's residence. The use shall be limited to not more than five apartment units. (8) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. (9) Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. Ato] PZ Proposed Lodging Definitions and Regulations 15.10.140 - Definitions Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping accommodations for a period of less than 30 consecutive days. Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for hikers, cyclists or other travelers not generally traveling by car. (See Lodging) Boarding house (a) An owner -occupied building which has not more than five rooms available for rent or lease on other than a day-to-day basis and not open to transient guests for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms. (b) Meals may be regularly prepared and served for compensation at a table, family -style, without service or ordering of individual portions from a menu. (c) The term includes lodging house or rooming house but does not include separate apartments with individual kitchen and bath facilities. (See Lodging) (Bed and breakfast. See Hosted Lodging Unit) Hosted lodging unit. (d) An owner occupied single-family residential dwelling where the owner resides at the dwelling unit while it is being rented (e) A room or group of rooms in which sleeping accommodations are furnished for compensation or other services may be furnished by the owner or operator to any individual not a family member. (f) A hosted lodging is limited to a home occupation within an owner -occupied dwelling which is the owner's principal Place of residence and to the rental of not more than 50 Percent of the bedrooms to a maximum of five. Hotel. A facility with six or more guest rooms and on -premises management offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns. Motel. A buildina, or aroup of detached or connected buildinas, havina six or more guest rooms, an on -premises manager and parking conveniently located on the premises, which are designed primarily to offer sleeping accommodations, with or without meals, to the to motoring public on a daily rate. Includes designations such as motor lodges, auto courts, tourist courts and similar terms. (See Lodging) Insurance Company. Any insurance agent and/or company through which a Licensee has obtained an insurance policy to protect the property being used as a Short -Term Rental. Listing. The profile of a property on a listing site or Online Travel Agency and generally includes a title, description, photos and pricing. Listing site. Also known as "Online Travel Agency (OTA)". Third -party agents that list accommodations and advertise them through their own network. VRBO and Airbnb are examples of vacation rental listing sites. Owner. Any person, agent, operator, entity, firm or corporation having any legal or equitable interest in the property; or recorded in the official records of the state, borough or municipality as holding an interest or title to the property; or otherwise having possession or control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Short -Term Rental Permit. An official document issued by the City verifying that an individual has met all the requirements to legally operate a hosted lodging unit or whole house nightly within City limits. Short -Term Rental (STR). Furnished self-contained homes that are rented for short periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housing rental market. Short -Term Rental Transaction. A transaction whereby a Licensee accepts payment or any other remuneration from another person for lodging accommodations for a period of less than thirty (30) consecutive days. El Sleeping Unit. A room or space in which people sleep, which can also include permanent Provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. Whole House Nightly. Non -Hosted lodging unit for which the owner (or authorized agent) is not required to reside at the residence unit. Describes a furnished self- contained dwelling that is rented for short periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housing rental market. Primarily used for accommodations or lodging of guests paying a fee or other compensation for a period of less than 30 consecutive days. 15.10.226 — Land Uses Allowed (b) Lodging as defined in section 15.10.140B. is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the City shall conduct an annual life safety inspection of each guest room to assure compliance with the current adopted building code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. (2) Parking will be provided in accordance with section 15.10.215 of this chapter. (3) Within residential districts, a hosted lodging unit is limited to a home occupation within an owner -occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (4) Within commercial districts, a hosted lodging unit is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. (5) Within commercial districts as well as OR and R3, whole house nightly rentals are limited to the rental of not more than five guest bedrooms. (6) Multifamily dwellings used for lodging purposes are not required to be the business or property owner's residence. The use shall be limited to not more than five apartment units. (7) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. (8) Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. k Short-term rental as defined in subsection 15.10.140 (105) is allowed in accordance with table 15.10.226 of this chapter and subiect to the followin- conditions: 1. Short-term rental location. A short-term rental may only be offered in a space 43 intended for human habitation. For example, a property owner may not rent a space in an accessory structure that is a stora,-e shed or garage. 2. Short-term rentals in residential districts. Short-term rental facilities in or adjacent to residential districts shall not infrinze upon the ri,-ht of nei,-hborin,- residents to reasonable peaceful occupancy of their homes. 3. Annual business license and annual permit required for each short-term rental. a. Short-term rental operators shall obtain a city business license, as required bv Chapter 8.30. b. All short-term rentals shall receive an annual permit from January 1st to December 31st, for the physical address of each short-term rental location, under limited administrative review, documenting conformance with City Code and agreement to conform to all permits and licenses. The International Fire, Residential, and Building Codes shall be applied at the time of permit for use. 4. Annual permit information. The property owner shall report to the city the follow in minimum information: 1. The address of the short-term rental. 2. Contact name(s) of the property owner. 3. The total number of ni,-hts the short-term rental was occupied for transient accommodation or lod,-in,- with bed tax application. 4. The Short -Term rental's maximum occupancy. 5. Location of assigned off-street parkin,-, if applicable. 6. Documentation of annual fire safety inspection si,-ned by the Seward Fire Department. 7. Twenty-four (24) hour contact information for the nronerty owner or local representative. 8. A copy of the official Emer,-ency Mana,-ement tsunami evacuation route map. 5. Application of health, fire safety, and buildin,- codes. Short-term rental facilities shall meet all applicable health, fire safety, and building codes. a. New, converted, or annexed short-term rental facilities shall be inspected by the City of Seward prior to operations. 6. Number of available bedrooms verified. The number of available bedrooms shall be determined by the licensee and verified by fire marshal as part of the annual ire safety inspection. 7. Bed tax provisions. a. All bed tax (Chapter 5.45), sales (Chapter 5.35), provisions apply. b. The property owner shall both have le, -al responsibility for the collection of all applicable taxes and remittance of the collected tax. 8. Required fee. A $150 fee due at the time of new short-term rental application, which is separate from the required City of Seward business license fee required by Chapter 8.30. a. Renewals will be accepted every October (re,-ardless of the orizinal date of application) for a fee of $100. b. If an owner wishes to discontinue short-term rental operation, no action is required as the license will automatically close when the renewal fee isn't paid. If after short-term rental (SIR) is discontinued and the applicant 44 wishes to restart short-term rental operation, the applicant is required to file a new short- term application. 9. Business license and short-term rental permit must be posted. The property owner must conspicuously post and maintain a copy of the property owner's business license and short-term rental permit inside the short-term rental. 10. Advertisement. Any advertisement of the short-term rental must contain the business license and short-term rental permit number issued by the City in the advertisement. 11. Short -Term Rental Insurance Requirements. a. A licensee shall inform his or her Insurance Company that the property covered by the Insurance Company will be used as a short-term rental be ore any short-term rental transaction is processed, re,-ardless of whether the licensee obtains liability insurance for the short-term rental throu,-h that Insurance Company. The Licensee shall verify compliance with this notification requirement by executin,- and submittin,- a form affidavit provided to the Community Development Department durin,- the application process. b. A licensee shall maintain liability insurance to cover use of the Short -Term Rental in an amount determined appropriate by the Insurance Company insurin,- such Short- Term Rental, but in any case, no amount of less than one million dollars (SI,000,000) in the a,-,-re,-ate. Such coveraze shall be maintained in full force and effect for the term ofthe license. Alternatively, a Licensee may elect to conduct each Short -Term Rental Transaction throe,-h a Hostin,- Platform that provides equal or-reater insurance coverage for each Short -Term Rental Use, provided that the Licensee abides by the notification requirements. C. A licensee shall maintain an insurance policy as described in section 11 a & b. Failure to maintain an insurance policy as described in section 11 a & b shall be cause for automatic suspension of the Short -Term Rental license until the coverage is reinstated. 12. Violation of the conditions of a permit may result in revocation of the short-term rental permit, in the discretion of the City and may result in a fine, up to $1000 in accordance with $ 1.05.010. a. Re-establishment shall be allowed administratively upon proof of compliance and remittance of the monetary penalty, and any other fees necessary for permit issuance. t Short Term Rentals From1994 to Present Legend Zoning Rural Residential Single Family Residential Two Family Residential EEMulti Family Residential Urban Residential Office Residential Harbor Commercial Auto Commercial Central Business District Industrial Institutional Park Resource Management <all other values> , ..7,. N 46 0 350 700 Feet I i I Short Term Rentals From1994 to Present Legend Zoning Rural Residential Single Family Residential Two Family Residential I H Multi Family Residential Urban Residential Office Residential Harbor Commercial Auto Commercial Central Business District Industrial Institutional Park Resource Management <all other values> E- N 47 0 350 700 Feet I i I Short Term Rentals From1994 to Present F \ Legend Zoning Rural Residential Single Family Residential Two Family Residential Multi Family Residential Urban Residential Office Residential Harbor Commercial Auto Commercial Central Business District Industrial Institutional Park Resource Management <all other values> D a N 48 0 350 700 Feet I i I