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HomeMy WebLinkAbout05032022 Planning & Zoning Meeting PacketPlanning & Zoning Commission Agenda Packet Regular Meeting Tuesday, May 3, 2022 Council Chambers, City Hall 7: 00 p. m. The City of Seward, Alaska SEWARD PLANNING AND ZONING COMMISSION ib" REGULAR MEETING AGENDA May 3, 2022 7:00 p.m. Council Chambers Clare Sullivan 1. CALL TO ORDER Chair Term February, 2024 2. PLEDGE OF ALLEGIANCE Vanessa Verhey 3. ROLL CALL Vice Chair Term February, 2023 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Nathaniel Charbonneau THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Commissioner [Those who have signed in will be given the first opportunity to speak. Time is Term February, 2024 limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] Victoria Monaco Commissioner 5. APPROVAL OF AGENDA AND CONSENT AGENDA Term February, 2025 [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Brenan Hornseth Commissioner so requests. In the event of such a request, the item is returned Commissioner to the Regular Agenda] Term February, 2025 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Troy Staggs Commissioner A. Proclamations and Awards Term February, 2025 B. City Administration Report Vacant Commissioner C. Other Reports and Announcements Term February, 2025 D. Presentations [Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by council.] 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 2022-09, 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 Fort Raymond Subdivision, Replat No. 1, Lot 12A; Located at 911 Hemlock Ave; Creating Hemlock Subdivision, Lots 1-40, and Tract A ......................................................................................................Page 4 2. Resolution 2022-010, 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 Lots 1-40, Hemlock Subdivision; from Institutional (INS) Zoning District to Single -Family Residential (R1) Zoning District...........................................Page 27 3. Resolution 2022-011, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to Uncle Fravis LLC to Operate the Activities of a Social Club, on Lots 10-13, Block 23, Original Townsite of Seward; Located at 417 Fifth Ave; Within an Office Residential (OR) Zoning District ....................Page 48 8. UNFINISHED BUSINESS — None 9. NEW BUSINESS A. Resolutions Resolution 2022-012, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Amend Seward City Code 15.10.222 Development Requirements — Table Notes, Letter E.......................................Page 69 B. Other New Business Items * 1. Approval of April 5th, 2022 Regular Meeting minutes....................................Page 76 2. Set work session topic for May 17, 2022 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. Reminder: May 17, 2022 Planning and Zoning work session at 6: 00 pm. B. Reminder: June 7, 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 Planning and Zoning Agenda Statement Meeting Date: May 3, 2022 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2022-009: Recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Replat of Fort Raymond Subdivision, Replat No. 1, Lot 12A; Located at 911 Hemlock Ave; Creating Hemlock Subdivision, Lots 1-40, and Tract A. Background and 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 R&M Consults, Inc, on behalf of the City of Seward. This platting action will create Hemlock Subdivision, Lots 1-40, and Tract A, by subdividing Fort Raymond Subdivision, Replat No. 1, Lot 12A, also known as 911 Hemlock Ave. On December 13, 2021 the Seward City Council approved Resolution 2021-143, which authorized the City Manager to work with R&M Engineering on the creation of a design for the Hemlock Subdivision to include 40 single family homes. On February 14, 2022 the Seward City Council approved Resolution 2022-021, which authorized the City Manager to execute a task order with R&M Consultants for the rezone and replat of the proposed Hemlock Subdivision. City Council also approved Resolution 2022-020 on February 141n, authorizing the City Manager to execute a task order with R&M Engineering for the development of a plan to expand City water and sewer infrastructure to the proposed Hemlock Subdivision. 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: Z nin The property is zoned Institutional (INS). iz ; Lots 1-40 are between 6,000 sq. ft. and 9,000 sq. ft. Tract A is 4.199 acres. A primary overhead electrical conductor extends from Hemlock Ave into the proposed Hemlock Subdivision, and will be extended to support the development within the subdivision. Extensions for water and sewer lines down Hemlock Ave and into the subdivision will be provided within 10' utility easements adjacent to the ROWs of Willow Ave and Fireweed Circle. 4 Existing Use The parcel is currently being used for the Seward Community Bike Park and a municipal -run campground. Tract A of Hemlock Subdivision will continue to host the Bike Park. Access: Primary access to the new subdivision will be from Hemlock Ave. A 50' right-of-way named Willow Ave, is proposed with two connections to Hemlock Ave, and will connect to proposed Fireweed Circle. A 10' dedicated ROW is proposed in the southwest corner of the subdivision to provide future residents pedestrian access to the adjacent parks to the west and south. Tract A will have legal access from Sea Lion Ave to the south. FioodZone: According to the Kenai Peninsula Borough Floodplain map, the lots are within a Flood Zone AE. The Zone AE designation is used for areas where a base flood elevation is provided. Mandatory flood insurance purchase requirements apply to this zone. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 2.2.11 — "Promote infill development by encouraging and promoting construction on vacant sites in areas of the City which are already established." Vol 1, Chapter 3.2.1— "Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values." Vol 1, Chapter 3.3.1 — "Encourage development of new housing in Seward." Vol 1, Chapter 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." Vol 1, Chapter 3.7.1.3 — "Continue to upgrade and expand utilities to meet existing needs and encourage future development" Strategic Plan: Promote Residential and Commercial Development Inside the City (Page 9-10) • Encourage construction of residential and seasonal housing at all market levels • Develop infrastructure and utility expansion for currently undeveloped residential and commercial property • Reduce utility costs Promote in -fill development by encouraging and promoting construction on vacant sites in already established areas of the City. (Page 10) Other: Staff Comments Department Comments No N/A Comment Building Department X Fire Department Hydrants need to be installed per code. Public Works X Department Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the 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 no public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation Commission approve Resolution 2022-009, recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Replat of Fort Raymond Subdivision, Replat No. 1, Lot 12A; Located at 911 Hemlock Ave; Creating Hemlock Subdivision, Lots 1-40, and Tract A. Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2022-009 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 FORT RAYMOND SUBDIVISION, REPLAT NO. 1, LOT 12A; LOCATED AT 911 HEMLOCK AVE; CREATING HEMLOCK SUBDIVISION, LOTS 1-40, AND TRACT A. WHEREAS, R&M Consultants, Inc, on behalf of the City of Seward has submitted a preliminary replat to the City of Seward for review and recommendation to the City Council and Kenai Peninsula Borough; and WHEREAS, this replat creates 41 new parcels, Lots 1-40 and Tract A, by subdividing Fort Raymond Subdivision, Replat No. 1, Lot 12A, also known as 911 Hemlock Ave, Seward, Alaska; and WHEREAS, the parcels are currently zoned Institutional (INS); and WHEREAS, the current City property is 11.57 acres which includes the Seward Community Bike Park; and WHEREAS, the proposed subdivision area is approximately 6.8 acres and needs to be its own parcel, separate from the bike park in order to sell and be developed; and WHEREAS, On February 14, 2022, the City Council passed Resolution 2022-021 authorizing the City Manager to execute a task order with R&M Consultants for the Rezone and Replat of the proposed Hemlock Subdivision at 911 Hemlock Avenue. WHEREAS, the City plans to sell Lots 1-40 as a whole to a Developer, at which time a Subdivision Agreement will be made; 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. Seward Planning and Zoning Commission Resolution No. 2022-009 Page 2 of 2 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 Fort Raymond Subdivision, Replat No. 1, Lot 12A; Located at 911 Hemlock Ave; Creating Hemlock Subdivision, Lots 1-40 and Tract A. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of May 2022. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair 8 Community Development/ Planning & Zoning 238 Fifth Avenue, Seward, Alaska 99664 '(907) 224-4048 • (907) 224-4020 or emaik planning@)cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM F PRELIMINARY PLAT R REVISED PRELIMINARY PLAT (no fee required) PHASED PRELIMINARY PLAT❑ 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. PROPERTY INFORMATION: legal description LOT 12A, FORT RAYMOND SUED., REPLAT NO 1 (Plat 87-12 K.R.D.) Section, Township, Range SEC 34 T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0870012 General area description site address 911 Hemlock Ave City Seward I Total Acreage 11.571 SURVEYOR Company: R&M Consultants Inc. Contact Person: Dave Hale PLS Mailing Address: 9101 Vanguard Drive City, State, zip Anchorage, AK 99507 Phone: 907.646.9651 e-mail; dhale(cDrmconsult.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER[]on site FZ]City WATEROon siteOCity SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planningand Zoning meeting, after a complete application has been received. ❑✓ Electronic file of Plat and Preliminary plat NON-REFUNDABLE submittal fee $75.00- QCertificate to plat for ALL parcels included in the subdivision QDocumentation 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. 3. 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. OW NER(s) Na (printed): vantm NO u Name (printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED Receipt # 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, together with the purposes, conditions, or limitations of reservations X 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 X when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if applicable; 9. Approximate locations of areas subject to tidal inundation and the mean high water line; X 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 10 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: Hemlock Subdivision Date 03/14/2022 iNi PRELIMINARY PLAT APPLICATION R&M CONSULTANTS, INC TO: Mr. Jason Bickling, Director of Community Development, City of Seward FROM: Dave Hale, PLS, Land Surveyor on behalf of the City of Seward SUBJECT: Preliminary Plat Application Narrative for Hemlock Subdivision Tract A & Lots 1 through 40 ACTION: Subdivision of Lot 12A (Plat No. 87-12), Fort Raymond Subdivision, Replat No. 1. DATE: March 14, 2022 Overview of Proposed Action: On behalf of the City of Seward, R&M Consultants, Inc. has prepared the following application for the proposed plat of Hemlock Subdivision Tract A and Lots 1 through 40. This action is an 11.571-acre subdivision of Lot 12A, Fort Raymond Subdivision, Re -plat No. 1, according to Kenai Recording District Plat No. 87-12. The City of Seward owns Lot 12A, located south of Hemlock Avenue and west of the Seward Hwy at 911 Hemlock Ave, and is currently using the parcel for Forest Acres Park. There is an identified need and growing demand for residential housing in Seward and the City has selected this property as an ideal location for new development. Concept planning for the site was complete in January 2022 which informed the development of this preliminary plat. On February 14t'', 2022 the City Council of the City of Seward authorized the city manager to execute the rezone and Teplat of the proposed subdivision (see attached City Council Resolution 2022-021). Parcel ID: 14502602 Site Address: 911 Hemlock Avenue Zoning: The parcel is zoned Institutional. As residential uses are prohibited in the Institutional zoning district, a rezoning application is being submitted concurrently with this Teplat. Tract A of the proposed Hemlock Subdivision will retain the Institutional zoning district, and Lots 1 through 40 of the proposed subdivision will be rezoned to R2, Medium Density Residential to appropriately support the desired residential development. Adjacent zoning includes Multifamily Residential and Park to the west, Institutional to the south, and Auto Commercial, Institutional and Single Family Residential to the north. Size: 11.571 acres Uses: The parcel is currently being used for a bicycle park (also known as a pump track) and for a municipal -run campground. Proposed Tract A of Hemlock Subdivision will continue to host the bicycle park. The remaining 7.372 acres of the subdivision will be used for single-family and two- family residential. Adjacent land uses west of the proposed Hemlock Subdivision include a park, a multifamily develop owned by Kenai Peninsula Housing Initiatives, Inc., Seward Resort and W Seward Elementary. Land uses to the north include private residential dwelling and several B&Bs and vacant land. Access: Primary access to the residential development will be from Hemlock Ave. A 50' right-of- way for Willow Ave is proposed with two connections to Hemlock Ave, and will connect to proposed Fireweed CiT. A 10' dedicated ROW is proposed in the southwest corner of the subdivision to provide future residents pedestrian access to the adjacent parks to the west and south. Tract A will also have legal access from Seal Lion Ave to the south. Utilities: A primary overhead electrical conductor extends from Hemlock Ave into Hemlock Subdivision, and will be extended to support the residential development. Overhead electric conductors are adjacent to Lot 12A to the west, north and east. Water and sewer mains Tun north -south along Dimond Blvd and Spruce St, but there is no existing on -site water oT sewer infrastructure. Extensions for water and sewer lines down Hemlock Ave. and into the development will be provided within 10' utility easements adjacent to the ROWS of Willow Ave. and Fireweed CiT. Flood Zone: Lot 12A FoTt Raymond Subdivision, Replat No. 1 is partly within a mapped Special Flood Hazard Area `AE', which is an area of inundation by the 1-percent-annual-chance flood. The parcel is also partly within the 1986 and 1995 Seward Mapped Floodplain Areas. Compliance with City of Seward Title 16.01.015 Conditions to Plat Approval: (a) No preliminary orfinal plat for the subdivision or resubdivision of land located within the city limits shall be approved unless all of the required improvements setforth in section 16.05.010 Required Public Improvements are provided for by the subdivider, owner, proprietor or development in a manner described in section 16.05.015 Compliance Procedure. 16.05.010 Required Public Improvements: address each of the 5 sections below. (1) Streets: Two Toad rights -of -way will be dedicated through this platting action, creating Willow Ave. and Fireweed CiT. to provide access to proposed Lots 1 through 40 from Hemlock Ave. ROWS will be 50' wide. A 10' dedicated ROW will provide pedestrian access from the residential neighborhood to the park adjacent to the west and Tract A which hosts the bicycle park. (2) Telephone and electric lines: telephone and electric line extensions will be underground. (3) Water System & (4) Sewer System: water and sewer main line extensions will be provided on Hemlock Ave. with tie-ins down the newly dedicated Willow Ave. and Fireweed CiT. 10' utility easements will be on all lot frontages. (5) Street lighting: Intersection lighting is provided at Dimond Blvd. and Hemlock St. and the Seward Hwy has existing street lighting the length of the roadway adjacent to the subdivision. Street lighting for the subdivision will be determined by the City of Seward. 13 16.05.015 Compliance procedure: The subdivision agreement will be finalized prior to submittal of the preliminary plat to the KBP. (b) The City Council provided approval for the Teplat of Lot 12A and the concurrent rezone of proposed Lots 1 through 40 on February 14t'', 2022 through Resolution 2022-021 (see attached Resolution). The property will be posted with applicable public notices, proof of posting will be provided to the Community Development Department and notification of adjacent property owners will be mailed. Consistency with the Local Plan & Policies: 2030 Comprehensive Plan Update (2017): The Future Land Use Map carries forward the uses identified by Lot 12A's current Institutional Zoning. The proposed subdivision of Lot 12A retains Tract A for institutional zoning and uses but proposed a use and zoning change for Lots 1 through 40. The comprehensive plan amendment to residential use (see concurrent Rezone Application) is supported by the following Comprehensive Plan Goals and objectives: • Vol 1, Chapter 2.2.11— Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established • Vol 1, Chapter 3.2.1— Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values • Vol 1, Chapter 3.3.1— Encourage development of new housing in Seward • Vol 1, Chapter 3.3.1.2 — Create incentives to provide land for housing development within the City of Seward. • Vol 1, Chapter 3.7.1.3 Continue to upgrade and expand utilities to meet existing needs and encourage future development. Strategic Plan (1999): The following goals and objectives of the City of Seward Strategic Plan are supported oT implemented by the proposed subdivision: Promote Residential and Commercial Development Inside the City o Encourage construction of residential and seasonal housing at all market levels o Streamline plan approval and building inspection processes o Develop infrastructure and utility expansion plans for currently undeveloped residential and commercial property o Reduce utility costs Promote in -fill development by encouraging and promoting construction on vacant sites in already established areas of the city. Municipal Lands Management Plan (2014): The Lands Management Plan identifies Lot 12A of Fort Raymond Subdivision, Re -plat No. 1 as Forest Acres Campground. The Plan recommends continuing to use the parcel as a public park and to sell with a sound development plan. Proposed Tract A will remain as public park, hosting the bicycle pump park, and lots 1 through 40 will be sold to a developer in accordance with this City Council approved action. 14 Plat Approval Process, Ongoing & Next Steps: Submitted for review concurrently with the preliminary plat is a rezone request for the proposed Lots 1 through 40 of Hemlock Subdivision. The rezone is contingent upon approval and recording of this Teplat. Follow Planning & Zoning Commission and City Council approval of this Teplat and supporting rezone, the Teplat will be submitted to the KBP for review and public hearing. As we pursue final approval with the KPB, final surveying activities will occur including staking corners, and any additional agreements needed, including utility agreements, will be settled. Summary of Request: The City of Seward requests the Planning and Zoning Commission recommend City Council and Kenai Peninsula Borough Approval of the Preliminary Replat of Lot 12A, Fort Raymond Subdivision Replat No. 1, creating Tract A and Lots 1 through 40 and dedicating public rights -of -way for Willow Avenue and Fireweed Circle. ATTACHMENTS: 1. Letter of Authorization 2. City Council Resolution 2022-021 3. 87-12 FoTt Raymond Subdivision, Replat No. 1 4. Proposed Plat of Hemlock Subdivision Tract A & Lots 1 through 40 5. Certification to Plat W Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE 'TASK ORDER NO. 2734.181 WITH R&M CONSULTANTS FOR THE REZONE AND REPLAT OF THE PROPOSED HEMLOCK SUBDIVISION (PHYSICAL .ADDRESS: 91.1 HEMLOCK AVE.; LEGAL DESCRIPTION: T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0870012 FORT RAYMOND SUB REPLAT NO 1 LOT 12A) IN AN AMOUNT NOT TO EXCEED $56,907 AND APPROPRIATING FUNDS WHEREAS, the task order by R&M has been completed to do a design study on the proposed I len lock Subdivision; and Ni' H EREAS.. tllc cc1i7•cnt city 17rol)cirtti' is 11.57 acres which includes the bike park; and «'11 E REAS, the proposed subdivision area is approximately 6.8 acres and needs to be its o rl parcel :separate from the bike park in order to sell and be developed; and WHEREAS, the current zoning is institutional; and NN' I l E REAS, the greatest need for our community is single family housing; and ii` I I E R E A S, t he property will conceptually have up to 40 single family homes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALA, SKA that:. Section 1. The City Manager is authorized to execute task order R&M No.2734.181 with R&M Consultants for the Rezone and Replat of Lot 12A, Fort Raymond. Suhdir ision, Replat No.I (Flat no.87-12). (Physical Address: 911 Hemlock A,,c. Legal Description: T IN R 1W SEC 34 SEWARD MERIDIAN SG'` 0870012 FORT RAYMOND S(."B REPLAT NO l I._OT 12A) Section 2. Funding in the amount of S50.907 is hereby appropriated from General Fund Unassigned Fund Balance account no. 01000-0000-3400 to Community Development Contracted Services account no. 01000-1122-7001) within the 2022 operating budget. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14'b day of I~chruary. 2022. iR CITY OF SEWARD, ALASKA. RESOLUTION 2022-021 CVYY 0E SEWARD. ALASKA Term Mayor AYES: Wells, Osenga, DeMoss, McClure, Calhoon, Terry NOES: None ABSENT: Casagranda ABSTAIN: None ATTEST: Ap— - renda 1. aVIMMC City Clerk (City Seal) ■�■■r�r�rrtrr, �,.• QF SF�r4'r'rr. c, =• SEALS r w • y ♦� 4 •....... S v 'yrr�F' OF Ak1;'W ��r+erg■■ s■�, 17 City Council Agenda Statement Meeting Date: February 14, 2021 To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Agenda Item: Resolution 2022-021: Authorizing the City Manager to Execute Task Order No.2734.181 with R&M Consultants for the Rezone and Replat of the Proposed Hemlock Subdivision, Physical Address: 911 Hemlock Ave.; Legal Description: T 1n R 1w Sec 34 Seward Meridian SW 0870012 Fort Raymond Sub Replat No 1 Lot 12a, in an Amount not to Exceed $56,907 and Appropriating Funds Background and justification: With the affordable, year-round housing shortage that currently exists the City needs to make every effort to provide opportunities to create additional space for housing development to not only meet our current need but also to remove barriers for future economic development. The R&M task order that was previously approved was to develop multiple subdivisions concepts. The concept that provided the most single-family homes was chosen and modified after consulting public works, electric, and community development departments. The conceptual development map (attached) contains roughly 6.8 acres gives us the possibility of up to 40 additional single-family homes. The next step in development to make the best use of this property to meet the needs of the community, is a rezone and replat: it needs to be rezoned from institutional to Single Family (R1) and a separate plat created to separate it from the city property to the south (bike park). This task order would complete both of those next required steps. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.2.1, 3.2.1.2, 3.3.1, 3.3.1.1 Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 56,907 This legislation (✓): Creates revenue in the amount of: x Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): x Not budgeted Not applicable 56,907 18 Finance Signature: Attorney Review✓ I I Administration Recommendation RYes X Not applicable eAdopt Resolution Other: iM EMIOC�AVENUF \ \ 2 I 25 ►►?ei — co 24 39 � V � � 3 — 26 23 29 38 22 k=50� \ % 11A1 — N 21 37 27 /36 � � 28 20 � 29 � � 6 - 19 i. _ 35 30 7 — 31 — 18 31 8 cm) 17 - 32% — 16 ' 9 ACCESS ESMT. N 15 TYPICAL SETBACK LINE F- — 80, 0 E 11 �E-1 �EF YPICAL HOUSE L�/ PLAT No. 87-12 / REMAINDER -,7 LOT 12A / LENGTH OF ROAD CENTERLINE: 1,297 FT. PREPARED BY: R&M CONSULTANTS, INC. 9101 VANGUARD DR. ANCHORAGE, AK. 99507 PH: (907) 522-1707 AECC111 SETBACKS FINAL CONCEPT FRONT = 20' LOT 12A, FORT RAYMOND SUBDIVISION, REPLAT No. 1 (PLAT 87-12) SIDE = 5' OR 10' ZONING: R1, SINGLE FAMILY RESIDENTIAL REAR = 10' AVERAGE LOT SIZE: <6,000 SQ. FT AVERAGE HOUSE SIZE: SINGLE FAMILY = 2,100 SQ. FT FOOTPRINto DATE: 01-25-22 1 w alY jtjt4 p�K 3ex.pe a 35 5tlWl b` , w�3 i ' � Naororan3 rrtex'� � $ S eo' al g (O>D,09?J i6659 39Z DE.bB/v jA�- F63fS '3 i0,4F.bBN \ �� ^�'>pZ '%• J k V 3ON3.�Y XDo?wai/ (sFN✓r!'nssJ $ 31 H>Jy ( .y F aa:seeBN I 3 L 2,131 "'1„� "•� ( �ya� I y I I I I e° JJ i v, of ° "'-----i•W�,m oe �__\\t\'3 s¢n �m�\��� f - - e� -_ it _ __ '� .3RH3np• 1 .b vOopAfXOL10'•J 0 Yam �,• S'csv pzyfiZ 'l,Cd M•68N M�' --- ------ ---- 9V by h � i .� ♦i wro 3+• h Q It t8z�R i6 as 10 ti ry 8 8 axr7 N�6Pd / • / S *� � ¢ � � � � ' i • R z a e ev 3�o�a y N H +i CITY OF SEWARD 410 ADAMS STREET PO BOX 167 SEWARD AK 99664 phone: (907) 224-4050 Received From RECEIPT # 42099 4/21/2022 I_oakuu Nam e Payment Type Check # 11122 ~ COMMUNITY DEVELOPMENT Check 0081819 Description: R & M Consultants, Inc. -Plat Review-911 Hemlock Taxes Payable - Sales Zoning Fees 24 4.90 70.10 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE S alvSow , upon oath, deposes and states: That she is employed in the Clerk's Office of the City of Seward, Alaska; and that on she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Fort Raymond Subdivision, Replat No.1, Lot 12A; physical address 911 Hemlock Ave, as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this l\' day of 2022. Signature W AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE 11 —J Ac,OQ E 1 c-1L 1.1,-t (, , 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 Fort Raymond Subdivision, Replat No. 1, Lot 12A; physical address 911 Hemlock Ave, the owners of which have petitioned for a Public Hearing to Subdivide Lot 12A; Creating Hemlock Subdivision, Lots 1-40, and Tract A. The notice was posted on A Ph-i L Q-- , "LoL-�- , which is 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 f Z'�day of A PIZ((- , 2022. % r. 1 Signature 41- Planning and Zoning Agenda Statement Meeting Date: May 3, 2022 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2022-010: Recommending City Council Approval of the Land Use Amendment to Rezone Lots 1-40, Hemlock Subdivision, from an Institutional (INS) Zoning District to Single -Family Residential (R1) Zoning District. Background and justification: Attached for the Commission's review and recommendation to the Seward City Council is Resolution 2022-010 recommending City Council approval to amend the Land Use Plan and Rezone Hemlock Subdivision Lots 1-40 from Institutional (INS) to Single -Family Residential (R1) Zoning. On February 14, 2022, the City Council passed Resolution 2022-021 authorizing the City Manager to execute a task order with R&M Consultants for the Rezone and Replat of the proposed Hemlock Subdivision at 911 Hemlock Avenue. The City of Seward is facing a significant housing shortage, impacting the City's ability to attract and retain residents and area business employees. The lack of housing is limiting the economic potential of Seward. Proactively working to address this issue, the Seward City Council authorized the subdivision of Lot 12A of Fort Raymond Subdivision Replat No. 1 with the intent of selling the properties for residential development. Currently, Seward City Code prohibits any type of Dwelling unit in an Institutional Zoning District. Rezoning to a Single -Family Residential (R1) Zoning District, the most restrictive residential zoning district, would allow for the specific residential growth the community needs. The proposed location for the Rezone is adjacent to a City Park and the Seward Community Bike Park, and close to the schools. These amenities make the area an appealing location for single- family homes. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 2.2.11 — "Promote infill development by encouraging and promoting construction on vacant sites in areas of the City which are already established." Vol 1, Chapter 3.2.1— "Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values." Vol 1, Chapter 3.3.1 — "Encourage development of new housing in Seward." Vol 1, Chapter 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." 27 Vol 1, Chapter 3.7.1.3 — "Continue to upgrade and expand utilities to meet existing needs and encourage future development" Strategic Plan: Promote Residential and Commercial Development Inside the City (Page 9-10) • Encourage construction of residential and seasonal housing at all market levels • Develop infrastructure and utility expansion for currently undeveloped residential and commercial property • Reduce utility costs Promote in -fill development by encouraging and promoting construction on vacant sites in already established areas of the City. (Page 10) Other: Staff Comments Department Comments No Comment N/A Building Department X Fire Department Hydrants need to be installed per code 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 no public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation Commission approve Resolution 2022-010, recommending City Council approve amending the Land Use Plan and Rezone Lots 1-40, Hemlock Subdivision; from an Institutional (INS) Zoning District to Single -Family Residential (R1) Zoning District. 28 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2022-010 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 1-40, HEMLOCK SUBDIVISION, FROM INSTITUTIONAL (INS) ZONING DISTRCIT TO SINGLE- FAMILY (RI) ZONING DISTRICT WHEREAS, R&M Consultants, Inc, on behalf of the City of Seward has submitted a Land Use Amendment Rezone application for review and recommendation to the City Council; and WHEREAS, the proposed Land Use Amendment would rezone Lots 1-40, Hemlock Subdivision from Institutional (INS) Zoning District to Single -Family Residential (R1) Zoning District; and WHEREAS, On February 14, 2022, the City Council passed Resolution 2022-021 authorizing the City Manager to execute a task order with R&M Consultants for the Rezone and Replat of the proposed Hemlock Subdivision at 911 Hemlock Avenue. WHEREAS, the current zoning does not allow Dwelling units of any type; and WHEREAS, the proposed rezone will encourage development of new housing in Seward; and WHEREAS, the greatest need for our community is single-family housing; 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 2022-010 be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. 29 Seward Planning and Zoning Resolution 2022-010 Page 2 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of May 2022. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair 30 C`T'Y OF SEWARD Community Development P. O. Box 167 907.224.4049 907.224.4038 fax 410 Adauus Sheet Seward, Alaska 99664 LAND USE PLAN AMENDMENT - REZONING APPLICATION This completed application is to be submitted to the Community Development Department no later than four (4) 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: City of Seward, represented by R&M Consultants, Inc. Address: Telephone Number: Email: Property Description Address: 911 Hemlock Avenue, Seward AK Lot: Block: Subdivision: Hemlock Size of subject area: 7.372 acres Number of parcels within subject area: 40 Additional Information Located in Historic Overlay District? Yes [J No [� Intended use and/or reason for rezoning:_ To provide residential development within the City of Seward, a rezone from Institutional to R1, single-family low density residential. Please see provided narrative. Does the proposed amendment comply with the Comprehensive Plan? Seward 2030 Comprehensive Plan Volume 1: https://www.ei(yofseward.tis/liotiie/showdocuiiient?id=1705 Volume 11: https://www.citvofseward.tis/liorne/showdocument?id=1707 Yes, see provided narrative. 0 Does the proposed amendment comply with the Historic Preservation Plan (skip if not within Historic Overlay District) Proposed amendment is not within the Historic Overlay District. What is the effect of the zoning amendment on the property owners and on the community at large? The rezone will be a benefit to the City of Seward and the community at large. Please see provided narrative. 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 four 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 ( } Map of the subject area ( } Other: ( } 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. Signatures of 51% of property owners involved in the rezoned area. (Attach a separate sheet if necessary) SIGNATU E ADDRESS (legal DATE Kea 33 REZONE APPLICATION R&M CONSULTANTS, INC TO: Mr. Jason Bickling, Director of Community Development, City of Seward FROM: Taryn Oleson-Yelle, AICP, Planner on behalf of the City of Seward SUBJECT: Rezone within portion of proposed Hemlock Sub. (Lot 12A, Fort Raymond Sub. Replat No. 1) ACTION: Rezone Hemlock Subdivision Lots 1 through 40 from Institutional to R1 DATE: March 3.4, 2022 Overview of Proposed Action: On behalf of the City of Seward, R&M Consultants, Inc. has prepared the following application for a rezoning of the proposed Lots 1 through 40 of Hemlock Subdivision (preliminary plat has been submitted for concurrent review with this application). This action will rezone the 7.372 acres of the new subdivision from Institutional to R1 (single family, low density residential) to allow for much - needed residential development in the City of Seward. The City of Seward owns Lot 12A, Fort Raymond Subdivision Replat, No. 1, which is proposed for subdivision. Concept planning for the site was complete in January 2022 which informed this rezone request. On February 14t'', 2022 the City Council of the City of Seward authorized the city manager to execute the rezone and Teplat of the proposed subdivision (see attached City Council Resolution 2022- 021). Parcel ID: 14502602 Site Address: 911 Hemlock Avenue Zoning: The current zoning is Institutional. Hemlock Subdivision Lots 1 through 40 are proposed for a rezone to R1, single-family low density residential to appropriately support the desired residential development. Adjacent zoning includes Multifamily Residential and Park to the west, Institutional to the south, and Auto Commercial, Institutional and Single Family Residential to the north (see Figure 1 and Figure 2.). Size: 7.372 acres of the proposed Hemlock Subdivision (comprised of Lots 1 through 40, see concurrent preliminary plat and Figure 2). Uses: The area of existing Lot 12A requested for a rezone is currently being used as a municipal - Tun campground. The rezone of 7.372 acres of the Hemlock Subdivision will be used for single- family residential. Adjacent land uses west of the proposed Hemlock Subdivision include a park, a multifamily develop owned by Kenai Peninsula Housing Initiatives, Inc., Seward Resort and Seward Elementary. Land uses to the north include private residential dwelling and several B&Bs and vacant land. 34 Access: Access will be provided from Hemlock Avenue, see concurrent Preliminary Plat for Hemlock Subdivision Lots 1 through 40. Zoning Development Requirements per City Code Title 15, Table 15.10.222: The preliminary plat of Hemlock Subdivision meets the development requirements of the R1 and R2 zoning districts. Zoning Districts R1 & R2 Maximum Building Height (ft.) 34 Minimum Buildable Lot Size (ft.) *Note 2.B, 2.E, 2.F Varies 3,000 to 7,000 *6,000 sf for two-family development Minimum Lot Width (ft.) Varies 30 to 60 Minimum Front Yard Setback (ft.) 20 Minimum Side Yard Setback (ft.) 5 min. each side with 15 total Minimum Side Yard Setback Adjacent to Street (ft.) 10 Minimum Rear Yard Setback (ft.) 10 Maximum Accessory Building Height (ft.) 20 Maximum Lot Coverage (%) 35 QZoningOnline Rural Residential Single Family Residential Two Family Residential Multi Family Residential ` Urban Residential Office Residential Harbor Commercial ' Auto Commercial Central Business District ' Industrial I r stitu ti cnaY Park Resource Management Figure 1. Area Proposed for Rezone (outlined in pink), source: City of Seward Zoning App W Concurrent Actions: A preliminary plat for Hemlock Subdivision Tract A and Lots 1 through 40 has been submitted for review and approval by the City of Seward Planning & Zoning Commission and the City Council. This rezone is contingent on approval by the City of Seward and Kenai Peninsula Borough and recording of the final ZONING RURAL I 1 ZONING SINGLE RESIDENTIAL ! ! FAMILY RESIDENTIAL ti LU ZONING AUTO COMMERCIAL CD ZONING INSTITUTIONAL \ / /- ' [OCKAVENU a— — LOT 1 / LOT 40 b / I( LOT 2 ( L07 25 0 `30 301 LOT 39 LOT 24 67°23"28" 5100.00' �5 I LOT LOT 26 LOT 22 / IF LOT 38 F/R , I I LOT4 � HOC/fin'° LOT 21 I I LOT 37 LOT 27 LOT 5 ¢ / L07 20 / a LOT 36 LOT 28 LOT 29 I I LOT 6 ��2, LOT 19 m/ / Z O i LOT 35 LOT 30 P O N LOT 7 LOT 18 LOT 31 �j o I I I LOT 34 I I LOT 33 LOT 32 / 1� I LOT9 LOT 16 / LOT 15 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 SEE DETAIL IOI Q ZONINPGROIPNOSSAET%DIT/.UTIONAL / TACT 192893 SCFT j/ Z Q 4199ACRE? / B Z / LU / oN / o ----1SEA S 89°41'39" W 192.37• LION AVE. ZONING AUTO I COMMERCIAL I -7 ZONING INSTITUTIONAL / Figure 2. Area Proposed for Rezone to R1 highlighted on Preliminary Plat of Hemlock Subdivision Tract & Lots 1 through 40 0-11 plat. Following recording, Lots 1 through 40 of Hemlock Subdivision will be created and be able to be rezoned. Consistency with the Local Plan & Policies: The proposed rezone is compatible with Local Plans & Policies. 2030 Comprehensive Plan Update (2017): The proposed rezone is consistent with the City of Seward Comprehensive Plan. The Future Land Use Map carries forward the uses identified by Lot 12A's current Institutional Zoning. The proposed subdivision of Lot 12A retains Tract A for institutional zoning and uses but proposed a use and zoning change for Lots 1 through 40. The proposed comprehensive plan amendment to residential zoning is supported by the following Comprehensive Plan Goals and objectives: • Vol 1, Chapter 2.2.11— Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established • Vol 1, Chapter 3.2.1— Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values • Vol 1, Chapter 3.3.1— Encourage development of new housing in Seward • Vol 1, Chapter 3.3.1.2 — Create incentives to provide land for housing development within the City of Seward. • Vol 1, Chapter 3.7.1.3 Continue to upgrade and expand utilities to meet existing needs and encourage future development. Strategic Plan (1999): The following goals and objectives of the City of Seward Strategic Plan are supported or implemented by the proposed subdivision: Promote Residential and Commercial Development Inside the City o Encourage construction of residential and seasonal housing at all market levels o Streamline plan approval and building inspection processes o Develop infrastructure and utility expansion plans for currently undeveloped residential and commercial property o Reduce utility costs Promote in -fill development by encouraging and promoting construction on vacant sites in already established areas of the city. Historic Preservation Plan: the subject area is not within the Historic Overlay District Effect of the zoning amendment on the property owners and on the community at large: The City of Seward is facing a significant housing shortage, impacting the city's ability to attract and retain residents and area business employees. The lack of housing is limiting the economic potential of Seward. Proactively working to address this issue, the Seward City Council authorized the subdivision of Lot 12A of Fort Raymond Subdivision Replat No. 1 with the intent of selling properties for residential development. The eventual sale of residentially zoned parcels will generate revenue for the city, increase the amount of taxable land and provide new residential housing stock. Residential land use is 37 compatible and complimentary to adjacent land uses and zoning districts and will not have a negative impact on the community at large. Summary of Request: The City of Seward requests the Planning and Zoning Commission recommend approval of the rezone of proposed Hemlock Subdivision Lots 1 through 40 from Institutional to R1, Single -Family Low Density Residential, dependent on final recording of the plat. ATTACHMENTS: 1. Letter of Authorization 2. City Council Resolution 2022-021 3. Preliminary Plat of Hemlock Subdivision Tract A & Lots 1 through 40 38 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE 'TASK ORDER NO. 2734.181 WITH R&M CONSULTANTS FOR THE REZONE AND REPLAT OF THE PROPOSED HEMLOCK SUBDIVISION (PHYSICAL .ADDRESS: 91.1 HEMLOCK AVE.; LEGAL DESCRIPTION: T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0870012 FORT RAYMOND SUB REPLAT NO 1 LOT 12A) IN AN AMOUNT NOT TO EXCEED $56,907 AND APPROPRIATING FUNDS WHEREAS, the task order by R&M has been completed to do a design study on the proposed I len lock Subdivision; and Ni' H EREAS.. tllc cc1i7•cnt city 17rol)cirtti' is 11.57 acres which includes the bike park; and «'11 E REAS, the proposed subdivision area is approximately 6.8 acres and needs to be its o rl parcel :separate from the bike park in order to sell and be developed; and WHEREAS, the current zoning is institutional; and NN' I l E REAS, the greatest need for our community is single family housing; and ii` I I E R E A S, t he property will conceptually have up to 40 single family homes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALA, SKA that:. Section 1. The City Manager is authorized to execute task order R&M No.2734.181 with R&M Consultants for the Rezone and Replat of Lot 12A, Fort Raymond. Suhdir ision, Replat No.I (Flat no.87-12). (Physical Address: 911 Hemlock A,,c. Legal Description: T IN R 1W SEC 34 SEWARD MERIDIAN SG'` 0870012 FORT RAYMOND S(."B REPLAT NO l I._OT 12A) Section 2. Funding in the amount of S50.907 is hereby appropriated from General Fund Unassigned Fund Balance account no. 01000-0000-3400 to Community Development Contracted Services account no. 01000-1122-7001) within the 2022 operating budget. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14'b day of I~chruary. 2022. 39 CITY OF SEWARD, ALASKA. RESOLUTION 2022-021 CVYY 0E SEWARD. ALASKA Term Mayor AYES: Wells, Osenga, DeMoss, McClure, Calhoon, Terry NOES: None ABSENT: Casagranda ABSTAIN: None ATTEST: Ap— - renda 1. aVIMMC City Clerk (City Seal) ■�■■r�r�rrtrr, �,.• QF SF�r4'r'rr. c, =• SEALS r w • y ♦� 4 •....... S v 'yrr�F' OF Ak1;'W ��r+erg■■ s■�, 40 City Council Agenda Statement Meeting Date: February 14, 2021 To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Agenda Item: Resolution 2022-021: Authorizing the City Manager to Execute Task Order No.2734.181 with R&M Consultants for the Rezone and Replat of the Proposed Hemlock Subdivision, Physical Address: 911 Hemlock Ave.; Legal Description: T 1n R 1w Sec 34 Seward Meridian SW 0870012 Fort Raymond Sub Replat No 1 Lot 12a, in an Amount not to Exceed $56,907 and Appropriating Funds Background and justification: With the affordable, year-round housing shortage that currently exists the City needs to make every effort to provide opportunities to create additional space for housing development to not only meet our current need but also to remove barriers for future economic development. The R&M task order that was previously approved was to develop multiple subdivisions concepts. The concept that provided the most single-family homes was chosen and modified after consulting public works, electric, and community development departments. The conceptual development map (attached) contains roughly 6.8 acres gives us the possibility of up to 40 additional single-family homes. The next step in development to make the best use of this property to meet the needs of the community, is a rezone and replat: it needs to be rezoned from institutional to Single Family (R1) and a separate plat created to separate it from the city property to the south (bike park). This task order would complete both of those next required steps. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.2.1, 3.2.1.2, 3.3.1, 3.3.1.1 Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 56,907 This legislation (✓): Creates revenue in the amount of: x Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): x Not budgeted Not applicable 56,907 to Finance Signature: Attorney Review✓ I I Administration Recommendation RYes X Not applicable eAdopt Resolution Other: Aya EMIOC�AVENUF \ \ 2 I 25 ►►?ei — co 24 39 � V � � 3 — 26 23 29 38 22 k=50� \ % 11A1 — N 21 37 27 /36 � � 28 20 � 29 � � 6 - 19 i. _ 35 30 7 — 31 — 18 31 8 cm) 17 - 32% — 16 ' 9 ACCESS ESMT. N 15 TYPICAL SETBACK LINE F- — 80, 0 E 11 �E-1 �EF YPICAL HOUSE L�/ PLAT No. 87-12 / REMAINDER -,7 LOT 12A / LENGTH OF ROAD CENTERLINE: 1,297 FT. PREPARED BY: R&M CONSULTANTS, INC. 9101 VANGUARD DR. ANCHORAGE, AK. 99507 PH: (907) 522-1707 AECC111 SETBACKS FINAL CONCEPT FRONT = 20' LOT 12A, FORT RAYMOND SUBDIVISION, REPLAT No. 1 (PLAT 87-12) SIDE = 5' OR 10' ZONING: R1, SINGLE FAMILY RESIDENTIAL REAR = 10' AVERAGE LOT SIZE: <6,000 SQ. FT AVERAGE HOUSE SIZE: SINGLE FAMILY = 2,100 SQ. FT FOOTPRIN#3 DATE: 01-25-22 1 G CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE S alvSow , upon oath, deposes and states: That she is employed in the Clerk's Office of the City of Seward, Alaska; and that on she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Fort Raymond Subdivision, Replat No.1, Lot 12A; physical address 911 Hemlock Ave, as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this l\' day of 2022. Signature «. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, -_JA S © �_( 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 Fort Raymond Subdivision, Replat No. 1, Lot 12A; physical address 911 Hemlock Ave, the owners of which have petitioned for a Public Hearing to Rezone Lots 1-40 of the proposed Preliminary Replat, Hemlock Subdivision, from an Institutional (Ins) Zoning District to Single -Family Residential (R1) Zoning District. The notice was posted on (Z jo-n , which is t 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 I P4 day of 2022. Signature 47 Planning and Zoning Agenda Statement Meeting Date: May 3, 2022 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2022-011: Application for a Conditional Use Permit to Uncle Fravis LLC to operate the activities of a Social club on Lots 10-13, Block 23, Original Townsite of Seward; located at 417 Fifth Ave, within an Office Residential (OR) Zoning District. Background and justification: Uncle Fravis LLC has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to operate the activities of a Social Club on the property located at 417 Fifth Ave, Lots 10-13, Block 23, Original Townsite of Seward. The property was formerly owned by the Seward Temple Corporation (Masons) and had been used for their activities for many years. Another use was as an Elks Lodge, and prior to that, the 4,500 square foot structure housed an early childhood development (Head Start) program. The applicant has proposed to provide the space for non-profit clubs, organizational meetings, and ongoing public benefit programming. There will be instructional classes and enrichment retreats. The space will also host coffee shop -style concerts and dance recitals. The property is located in an Office Residential Zoning District. This district is "intended to provide for medium density residential, commercial and office development designed to act as a transition zone between the high -density central business district and surrounding medium -high density residential districts." The Land Use Table in City Code §15.10.226 allows Clubs of various types to operate in an Office Residential Zoning District with an approved Conditional Use Permit. Surrounding Land Use and Zoning: Development Requirements: The applicant is not changing anything to the structure of the building that would affect height, lot coverage, or setbacks. Floodplain status: According to the Kenai Peninsula Floodplain Map, the area is not located within a flood zone. Utilities: To the east of the property there is access to Fifth Ave. Alley access is available behind the property. The property is served by existing public utilities. The public infrastructure 48 around the site lends easy public access to and use of the facilities to the intended use as a social club. Parking; Seward City Code does not have specific parking requirements for a club. However, for places of public assembly', City Code requires 1 space for each 4 seats maximum capacity. According to Fire and Building code, the building on this property is currently only suited to occupy 100 persons. This would require the applicant to at least have 25 parking spaces available. In 2017, the applicant received letters from the Sacred Heart Catholic Church and the Dentist office, stating that their parking lots could be used as overflow parking. With the approval of this CUP, the applicant will be required to create a Parking Agreement with these two entities before the Conditional Use Permit is granted. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1 Ch 2.2 — Community Values • 2.2.7 Community Partnerships - "Approve resolutions of support for endeavors and projects of various organizations and individuals which benefit the community." Vol 1 Ch 3.1 — Economic Development • 3.1.1.4 "Support private sector business, employment, and programs." Vol 1 Ch 3.7 — Public Facilities and Services • 3.7.1.2 "Support, strengthen and develop diverse educational and research programs at various public and non-profit institutions." Strategic Plan: "Enhance the Sense of Community' among residents of the greater Seward Area" (Page 13). Other: Staff Comments Department Comments No N/A Comment Building Department Supports comments made by the Fire Chief. Fire Department Occupancy shall meet all locally adopted Fire and Life Safety Codes prior to use. Any changes to the building shall be approved by the Fire and Building Dept utilizing a building permit as needed. An architectural code review shall be required when the intended improvements are planned and/or any use greater than 100 persons is requested. Public Works X Department Harbor Department X Police Department X Electric Department X Telecommunications X eu1 Public Notice Property owners within three hundred (300) feet of Lots 10-13, Block 23, 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 public inquiries regarding the proposed Conditional Use Permit. If any further correspondence is received after publication of this agenda statement, it will be submitted to the Planning and Zoning Commissioners for their review. Recommended Conditions 1. Occupancy shall meet all locally adopted fire and Life Safety Codes prior to use. 2. Any changes to the building shall be approved by the Fire and Building Department utilizing a building permit as needed. 3. An architectural code review shall be required when the intended improvements are planned and/or any use greater than 100 persons is requested. 4. 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. 5. A parking agreement will be made to secure the required 25 parking spaces. 6. All parking and maneuverability requirements as determined by the Planning and Zoning Commission shall remain on site for the life of the use. 7. Bear -proof / bird resistant containers shall be provided for all garbage and refuse for the life of the use. 8. 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. 9. 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 Community Development Department staff recommends approval of Resolution 2022-011 granting a conditional use permit to Uncle Fravis LLC to operate the activities of a Social club on Lots 10-13, Block 23, Original Townsite of Seward; located at 417 Fifth Ave, within an Office Residential (OR) Zoning District. 6111 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2022-011 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO UNCLE FRAVIS LLC TO OPERATE THE ACTIVITIES OF A SOCIAL CLUB, ON LOTS 10-13, BLOCK 23, ORIGINAL TOWNSITE OF SEWARD; LOCATED AT 417 FIFTH AVE; WITHIN AN OFFICE RESIDENTIAL (OR) ZONING DISTRICT WHEREAS, Uncle Fravis LLC has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to operate the activities of a Social Club at 417 Fifth Avenue, Lots 10-13, Block 23, Original Townsite of Seward; and WHEREAS, the property is in an Office Residential (OR) Zoning District; and WHEREAS, on May 2, 2017 the Planning and Zoning Commission granted a Conditional Use Permit to allow an arts and education center school at 417 Fifth Avenue through Resolution 2017-07; and WHEREAS, the current use of the building, which is primarily renting space to non -profits to host social events, does not fit the previous Conditional Use Permit; and WHEREAS, the proposed use of the building will benefit various organizations throughout the community; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.226. a social club is allowed in the Office Residential Zoning District as a conditionally permitted use; 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. A Finding: The Land Use Table in City Code § 15.10.226 allows Clubs of various types to operate in an OR Zoning District with an approved Conditional Use Permit. The OR Zoning District is intended to accommodate various uses ranging from residential, to commercial, to office space. The proposed use for this building is to serve as a community space for public and private gatherings of less than 100 people. B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. Improvements, both in and outside of the space to meet the needs of organizations who desire to use the building, will continue to improve the property values and add additional space and services for neighbors and visitors in the area. 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 Community Values • 2.2.7 Community Partnerships - "Approve resolutions of support for endeavors and projects of various organizations and individuals which benefit the community." Vol I Ch 3.1 Economic Development • 3.1.1.4 "Support private sector business, employment, and programs." Vol I Ch 3.7 Public Facilities and Services 3.7.1.2 "Support, strengthen and develop diverse educational and research programs at various public and non-profit institutions." Strategic Plan (1999) "Enhance the `Sense of Community' among residents of the greater Seward Area" (Page 13). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. The property is served by existing public utilities. Adequate fire, police, and trash services are available. A Parking Agreement will be made to ensure adequate parking is available to the site. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: The applicant and other organizations that use this building will have to abide by City Code §9.20 `Pubic Nuisances' and §9.25 `Noise Control'. Also, proper licensing and permitting will be required for any use of alcohol, as required by City Code §8.05 `Alcoholic Beverages'. 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. Occupancy shall meet all locally adopted fire and Life Safety Codes prior to use. 2. Any changes to the building shall be approved by the Fire and Building Department utilizing a building permit as needed. 3. An architectural code review shall be required when the intended improvements are planned and/or any use greater than 100 persons is requested. 4. 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. 5. A parking agreement will be made to secure the required 25 parking spaces. 6. All parking and maneuverability requirements as determined by the Planning and Zoning Commission shall remain on site for the life of the use. 7. Bear -proof / bird resistant containers shall be provided for all garbage and refuse for the life of the use. 8. 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. 9. 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 Uncle Fravis LLC to operate the activities of a Social Club at 417 Fifth Ave, Original Townsite of Seward, Lots 10-13, Block 23. 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: 53 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 3`1 day of May 2022 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair 54 CITY OF SEWARD t'. 0. Box 167 238 5th Avenue Sewaal, Alaska 99664 Community Development 907.224.4048- Dircctor 907.224.4020- Plalicr 907.224.4049- Plaiuutig llssistaill 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: Uncle Fravls, LLC Address: 417 5th Ave. Seward, AK 99664 Telephone Number: (484) 560-9911 Property Owner (if other than applicant): Address: Telephone Number: mail: templestudiosak@gmail mail: Property Description Address: 417 5th Avenue Seward, AK 99664 Lot. 10,11,12, and 13 Block: 23 Subdivision: Kenai Peninsula Borough Tax Parcel ID Number: 14812026 Development Information Lot size: 0.2800 Acres What structures are on the property? One-story cement block building Wow is the property being used? Arts School What is the proposed use of the property? Social Club What is the development timeline? Upon execution of the current use permit 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) 611 See Attached Page for Answers A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. Office Residential (OR) B) Describe any impacts to the adjoining properties and how property values may be affected. C) Wow is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: http:1/www.citvofseward.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 2) Location and dimensions of existing and planned buildings 3) Parking configuration 4) Driveways and access 5) Natural features 1-1 6) Other pertinent information 611 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 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: $330 Payment Dimensioned plot plan I drawings Other. Answers to questions A-E 57 A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district (OR Office/Residential). Please describe the use: The intended use of 417 5th Ave. is as a social club. It will serve as a community space for public and private gatherings of less than 100 people. Uses will include non-profit clubs, organizational meetings, and ongoing public benefit programming. There will be instructional classes and enrichment retreats. The space will host coffee shop -style concerts and dance recitals. Intended improvements include a commercial kitchen and additional storage space for a food pantry. B) Describe any impacts to the adjoining properties and how property values may be affected. It is expected that the continued improvements, both in and outside of the space, will continue to improve the property values and add additional space and services for neighbors and visitors in the area. C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain: In keeping with the 2030 comprehensive plan, this project aligns with 2.2.7 Community Partnerships, wherein this social club will "Encourage all citizen participation in community organizations," by giving a platform and space for local clubs and organizations to meet, attract members and grow their impact. The social club's presence will support, strengthening, and develop diverse educational and research programs through its work with partners like Boys and Girls Club, Seward Prevention Coalition, Seward Robotics Club, Youth 360, and others (3.7.1.2). With the addition of the kitchen and healthy food programming, the club will help the community achieve individual and community health improvement (3.7.1.8). The programming for the club will continue to uplift positive adult -youth relationships and intergenerational learning experiences (3.9.1.1). As an indoor space for congregating, this club will continue to be a resource for year-round residents and an attractive location for visitors in colder months. The local demand for enriching wintertime activities projects to grow, and as these events continue to grow, they will attract additional wintertime tourism, retreats, and events. D) Describe/list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.) The property has road and alley access to the east and west. There is regular trash service, electricity, water, and internet. The heating is provided by an oil -burning boiler system. The public infrastructure 58 around the site lends easy public access to and use of the facilities to the intended use as a social club. E) The proposed project or use must not be harmful to public health, safety, and welfare. Describe any mitigation measures that may be needed to protect public health, safety, and welfare. At this time, the building poses no social, ecological, or biological harm to the public. Building ownership is currently researching a way to add an additional exit for greater egress and replace thresholds and locks for enhanced security. 6T] ■ f . .._,< .� � .\ ��■4�% `. ...... ..°�z» »� u , 2 D n x { rf 7 \ •■ C= µ �— I p P � a F/ A % ~- r 5 Sacred Heart Church P.O. Box 207 SEWARD, ALASKA 99664 907-224-5414 March 21, 2017 Mr. John -William Frye BWRR, LLC 417 Fifth Avenue Seward, AK 99664 Dear Mr. Frye, Subject to some restrictions which are enumerated below, Sacred Heart Parish has no objections to your operation just north of our church and using the Sacred Heart Parish parking lot within those restrictions. Sacred Heart Parish celebrates Mass on the weekends at 5:30 p.m. on Saturday and 9:30 a.m. on Sunday. Our weekday Masses are from Tuesday through Friday at noon. There are other times, such as Christmas and Holy Week (this year from April 9 - 16) where we utilize the parking lot extensively during the evening hours and we request that you respect those times by not utilizing the parking lot to the detriment of our parishioners. On Saturday, we use the parking lot from about 5 p.m. until 7 p.m. and on Sunday mornings from 9 a.m. until about 11 a.m. There is no parking here at Sacred Heart on the Fourth of July as we hold our annual Chicken Barbecue in the parking lot. Special uses of the lot include Friday evenings during Lent from about 5 p.m. until 7:30 p.m., Holy Thursday evening, Good Friday afternoon and evening until approximately 9 p.m. and Holy Saturday evening until midnight. If other needs arise, we will attempt to notify you as soon as possible of the dates and times. We wish Temple Studios every success as they in our town, and we hope that the above scheduling can be of assistance to your organization in its endeavors. Sincerely yours, Rev. Richard D. Tero Pastor WE MICtL9EL P. MORIARTY, P.C. March 24, 2017 Temple Studios J.W. Frye 417 51h Avenue Seward, AK 99664 RE: Temple Studios Parking Permit Dear J.W., We are excited for Temple Studios to join our neighborhood and as a good neighbor, do not mind if your customers park in our parking lot after hours and on weekends when we are not using it. Our hours are usually Monday -Thursday 8 a.m. — 5 p.m. and Fridays from 8 a.m. to 3 p.m. Business staff usually depart within an hour after closing and one sanitation employee comes in at her leisure between closing and opening the next day. Dr. Moriarty, on occasion, will see emergency patients after hours including weekends. Specialists that rent our facility monthly will have priority on any conflicting days. To alleviate any conflicts, I suggest we keep the lines of communication open and that Sacred Heart's lot be the priority overflow lot prior to ours. Attached is Dr. O'Connell's schedule where he usually uses one staff parking space in the lower lot and his patients utilize the upper lot. Please don't hesitate to call me at 224-3071 if you have any questions. Sincerely, 1��k._- Maya E.B. Moriarty Business Manager Att. 400 FOURTH AVENUE P.O. BOX 710 SEW 9), AK 99664 (907) 224-3071 CITY OF SEWARD 410 ADAMS STREET PO BOX 167 SEWARD AK 99664 phone: (907) 224-4050 Lookup Namg 11122 COMMUNITY DEVELOPMENT Descr�r! CUP. UNCLE FRAVIS, LLC. Zoning Fees 66 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE 5,�;tb , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on L:�2v�� she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Lots 10-13, Block 23, Original Townsite of Seward; Located at 417 Fifth Ave as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this 0' day of t 2022. 67 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE hereby certify that I have posted a Notice of y � Public Hearing, as prescribed by Seward City Code ' 15.01.040/16.01.015 on the property located at Lots 10-13, Block 23, Original Townsite of Seward; physical address 417 Fifth Ave, the owners of which have petitioned for a Public Hearing for a Conditional Use Permit to Operate the Activities of a Social Club, within an Office Residential (OR) Zoning District. The notice was posted on which is ►S 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 I I day of , 2022. Signature 68 Planning and Zoning Agenda Statement Meeting Date: May 3, 2022 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2022-012: Recommending City Council Amend Seward City Code 15.10.222 Development Requirements — Table Notes, Letter E. Background and justification: Developable land is limited in Seward. The Comprehensive Plan for the City of Seward states that one of its goals is to "promote infill development by encouraging and promoting construction on vacant sites in areas of the City which are already established" (Vol 1, Ch 2.2.11). Many of these underutilized lots have limited space on which to develop adequate housing to make it worthwhile to a developer as well as appealing to those seeking homes. Changing City Code to be more favorable towards higher density housing of homes other than studio apartments, will allow developers to construct housing that utilizes the space available in Seward more effectively. On February 15, 2022 the Planning and Zoning Commission reviewed their priorities, two of which included, "contribute and collaborate as needed to help be a part of the solution for the housing issues that Seward is facing," and "make recommended updates to Title 15." On March 1, 2022 the Planning and Zoning Commission passed Resolution 2022-004 approving these priorities. On March 29, 2022 the City Council reviewed and approved the Planning and Zoning Commission's priorities. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 2.2.11 — "Promote infill development by encouraging and promoting construction on vacant sites in areas of the City which are already established." Vol 1, Chapter 3.2.1— "Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values." Vol 1, Chapter 3.3.1 — "Encourage development of new housing in Seward." Vol 1, Chapter 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." Strategic Plan: Promote Residential and Commercial Development Inside the City (Page 9-10) • Encourage construction of residential and seasonal housing at all market levels Promote in -fill development by encouraging and promoting construction on vacant sites in already established areas of the City. (Page 10) Other: Recommendation Commission approve Resolution 2022-012, recommending City Council amend Seward City Code 15.10.222 Development Requirements — Table Notes, Letter E. rill Sponsored By: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2022-012 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, RECOMMENDING THE CITY COUNCIL AMEND SEWARD CITY CODE 15.10.222 DEVELOPMENT REQUIREMENTS — TABLE NOTES, LETTER E WHEREAS, on February 15, 2022 the Planning and Zoning Commission reviewed their priorities two of which included, "contribute and collaborate as needed to help be a part of the solution for the housing issues that Seward is facing," and "Make recommended updates to Title 15"; and WHEREAS, on March 1, 2022 Resolution 2022-004 was passed by the Planning and Zoning Commission approving these priorities; and WHEREAS, on March 29, 2022 the City Council approved the Planning and Zoning Commission's priorities; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, it is recognized that developable land within Seward is limited, and development requirements should reflect the need to allow more productive use of that limited land without degrading the quality of community life; and NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2022-XXX attached and incorporated herein by reference, 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 3rd day of May 2022. THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair VA AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) VA CITY OF SEWARD, ALASKA ORDINANCE 2022-XXX AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE 15.10.222 DEVELOPMENT REQUIREMENTS — TABLE NOTES, LETTER E WHEREAS, on February 15, 2022 the Planning and Zoning Commission reviewed their priorities two of which included, "contribute and collaborate as needed to help be a part of the solution for the housing issues that Seward is facing," and "Make recommended updates to Title 15"; and WHEREAS, on March 1, 2022 Resolution 2022-004 was passed by the Planning and Zoning Commission approving these priorities; and WHEREAS, on March 29, 2022 the City Council approved the Planning and Zoning Commission's priorities; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, it is recognized that developable land within Seward is limited, and development requirements should reflect the need to allow more productive use of that limited land without degrading the quality of community life; and NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Section 15.10.140 is hereby amended to read as follows: (Stfi eth -e .i,s = deletions and are bold, Underline = additions and are bold italics): Table 15.10.222 Development Requirements — Table Notes NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the southern boundary of the South Harbor Uplands - Tract H, Waterfront Park Replat, the harbor basin and J Float Ramp, building height is limited to 26 feet. NOTE 2. A. Buildable/useable area —Lot may have to be larger to have minimum buildable area available. 73 B. In the R1, R2, R3, UR, OR, AC and CB Districts, from the Seward Highway/Phoenix Road intersection South, to include the Bayview Subdivision, 3,000 SF and north, 6,000 SF with 30 and 60 foot minimum frontages respectively, for single-family residences. C. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000 SF is to accommodate required widening of an adjacent right- of-way. D. In the R1, R2, R3, UR, OR, AC and CB Districts, individual lots of at least 3,000 SF in the Original Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed for single-family residences provided all other development requirements of this chapter are met. E. Multiple -Family developments (except studio apartments) with three or more units require a minimum of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District.1,200 SF per unit of fiveor-more units. F. Two -Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision require 5,000 SF. All other development requirements of this chapter shall be met. G. Multiple -Family, studio apartments in the OR, AC, CB, HC, I and RM districts require a minimum of 9,000 SF. The total square footage required for lot setbacks shall be reserved as open area. All other requirements set forth in this chapter shall be met. NOTE 3. See Notes 2-D and 2-E above. NOTE 4. From Seward Highway/Phoenix Road intersectionSouth, a five-foot setback, each side; north, a minimum five-foot setback each side as part of a combined 15-foot setback total between both sides. NOTE 5. In the HC District, parcels abutting mean high tide —No rear yard setback; parcels abutting the waterfront boardwalk —Five feet; and parcels not abutting the waterfront boardwalk or mean high water mark —Ten feet. NOTE 6. Excludes setbacks in HC and I. NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic sites. NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in an R1 district, except for a long term care facility, aka skilled nursing care facility. 74 Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the XX day of XXXX 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk THE CITY OF SEWARD, ALASKA Christy Terry, Mayor (City Seal) VAR CALL TO ORDER The April 5, 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 Clare Sullivan led the pledge of allegiance to the flag. ROLL CALL There were present: Vacant presiding, and Nathaniel Charbonneau Vanessa Verhey Clare Sullivan (presiding) Victoria Monaco Brenan Homseth Troy Staggs Comprising a quorum of the Commission; and Jason Bickling, Community Development Director Courtney Bringhurst, City Planner Selena Soto, City Planning Assistant Kris Peck, Acting City Clerk Excused — None 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/Staggs) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the March 1, 2022 Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS — None City Administration Report. Community Development Director Jason Bickling said his report was the list of current projects provided as a laydown. rc. PUBLIC HEARINGS Resolutions Requiring Public Hearing 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. Motion to Approve (Verhey/Hornseth) Approve Resolution 2022-005 City Planner Courtney Bringhurst said the area was not located within a flood zone. City utilities were available in this location. On -street parking was available. The applicant has provided parking spots, but most of their employees apparently didn't have cars. Public notice was sent to property owners within 300 feet of this location. Community Development recommends the resolution to be passed. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Kelly Ann Cavaretta spoke in full support of passing this resolution. She said this is exactly the type of invigoration the central business needs. Plus, it would provide more housing for employees on site. Trent Gould said he has worked at Kayak Adventures for 10 years. The company itself has been at the site for 30 years and their business has outgrown the current house on site. He's available to answer any questions. No one else appeared and the public hearing was closed. Motion Passed Unanimous 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. Motion to Approve (Verhey/Hornseth) Approve Resolution 2022-006 Bringhurst said this area was located in a flood zone, which means it would have to follow requirements regarding floodplain management. Property owners within 300 feet were notified. The recommendation from staff was to approve the resolution. 77 Notice of the public hearing being posted and published as required bylaw was noted and the public hearing was opened. Carol Griswold said she recommended postponement due to technical errors and what she felt was an incomplete packet. The streams and wetlands should have been shown on the plat. The slope west of Scheffler Creek looked steep and needed to be confirmed. There was a potential lack of emergency access of easement. All of the lots, not just 1 and 2, should be addressed. Josh Varney said his client's intention was to responsibly develop this tract. No one else appeared and the public hearing was closed. Motion to Postpone (Charbonneau/Staggs) Postpone Resolution 2022-006 to May 3, 2022. Charbonneau wanted more information on the salmon stream, wetlands, and flooding issues. He felt there was a lot of information that was missing. Staggs felt there were a lot of issues that weren't looked into and he still had many questions. Motion to Postpone Unanimous 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. Motion to Approve (Charbonneau/Verhey) Approve Resolution 2022-007 Bringhurst said Lots 1 & 2 in the Dairy Hill Subdivision were rezoned to resource management in 1992 and remained since then. The staff's recommendation was to approve resolution 2022-007. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. David Kingsland has lived in the Dairy Hill area for 22 years and witnessed major floods three times through Lots 1 & 2. Scheffler Creek was also a critical salmon habitat. Four species of salmon utilize the area to spawn as well as stickleback fish. He wanted to emphasis the area was in a serious floodplain and encouraged folks to read his comments that were included in the packet. Carol Griswold said this resolution lacked a valid public process. No majority of property owners were notified as required by code. This rezone was not supported by the future land use map. The resolution should note the Lots 1 & 2 must comply with the floodplain code. The rezone to auto commercial included many more uses that might occur outside of the scope of the 78 applicant's intentions. The area contains salmon streams, habitat, eagle nests, springs, wetlands. Development will create noise and disturbance to these areas. There are currently 18 lots in city limits zoned AC that were better located. Griswold quoted from the 2030 Comprehensive Plan Volume 1 by stating: 2.2.2 We value clean air, clean water and a healthy natural environment. 2.0.11 Promote and protect wild salmon habitat 3.2.1.1 Develop and adopt open space overlay district and 3.8.1.5 Control Development on lands subject to risks from floods and steep slopes. She urged P&Z to support our code and deny this resolution. Steve Leirer said Lots 1&2 were on fairly dry ground. It was not suitable for housing, but it needed to be developed into something. There has been an interest for auto commercial zoning to support the nearby harbor industry. Contrary to what other people have said, Scheffler Creek is actually not a big producer of salmon. The Lots 1 &2 were separate from the lots up on the hillside and there was also a triangular piece of land which could support 10-15 housing units which would be a good addition to Seward. Leirer emphasized that he had institutional knowledge of area. Kelly Hatfield said that the she felt the residents of Seward wanted the area to stay as resource management. Making a huge jump in zoning from resource management to auto commercial is not something that was historically done. Hatfield emphasized that going from wetlands to gas stations/repair shops that would dump hazardous materials into the ground was a big jump. No one else appeared and the public hearing was closed. Motion to Postpone (CharbonneauNerhey) Postpone Resolution 2022-007 to May 3, 2022. Charbonneau wanted to postpone the resolution due to incomplete paperwork and wanted more time to gather public input. Motion to Postpone Unanimous 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. Motion to Approve (Charbonneau/Monaco) Approve Resolution 2022-008 Bringhurst said the proposed structure met the zoning codes. The area was not within a flood zone and there were city utilities available. The plan showed there would be 10 parking spaces, however the application will need to meet stall dimensions. Property owners nearby have been notified. The staff's recommendation was to approve this resolution. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. 79 Carol Griswold said it was commendable that this developer wanted to make more housing. However, the 10 parking spaces are based on 7' x 12' spaces which did not meet city code. The maneuvering space was inadequate, for example vehicles in spaces 1-3 would have to back up a considerable distance to turn around. There was also a lack of storage space for residents. She questioned where were the areas for trash cans, dumpsters, and snow storage. Considering this is a busy neighborhood, Griswold also wondered about a landscaping plan or sidewalks. Lastly, there was no guarantee these would provide housing as they could potentially be used for nightly lodging. Phil Zimmerman thought eight parking spaces were all that were needed. There would be plenty of room on this lot to accommodate the dumpsters, snow removal, and storage. If there were any oversights he could take care of it right away. Zimmerman said he was available for questions anytime and was always on his phone unfortunately. Sharon Stevens-Ganser said she was currently building a home near the 4-plex. City code did in -fact require at least 10 parking spaces there. The map provided lacked measurements of the spaces for vehicles. These parking issues needed to be included in the plan. Rob Chadwell was not happy with the idea of having a multi -family housing right up against his back yard and would like more information and time. He felt conflicted because he knows we need more housing. At the very least he asked for a privacy fence between his house and the 4-plex. No one else appeared and the public hearing was closed. Charbonneau said he had concerns with the parking as well and would like to see the maps have more information in the future. Motion Passed Unanimous UNFINISHED BUSINESS — None NEW BUSINESS Other New Business Items Nominate and elect a Chair. Charbonneau nominated Sullivan as chair. There were no other nominations. Motions (CharbonneauNerhey) Motion Passed Nominate and elect a Vice Chair. Elect Clare Sullivan as Chair with a term set to expire February, 2023. Unanimous 80 Charbonneau nominated Verhey as Vice Chair. There were no other nominations. Motions (Charbonneau/Staggs) Motion Passed Set work session topic for April 19, 2022. Elect Vanessa Verhey as Vice Chair with a term set to expire February, 2023. Unanimous Bickling wanted to discuss short term rentals and address issues around those rentals. INFORMATIONAL ITEMS AND REPORTS Reminder: April 19, 2022 Planning and Zoning work session at 6: 00 p.m. Reminder: May 3, 2022 regular meeting at 7: 00 p.m. CITIZEN COMMENTS Phil Zimmerman said it was refreshing to see people getting a different view of development in Seward. COMMISSION AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Charbonneau wanted to thank the staff for their hard work. Verhey welcomed the new commissioners and encouraged everyone to keep on trucking. Sullivan wanted to learn more about different areas in town in regards to housing and hoped to get everyone the same page down the road on both sides of the dais. Bickling thanked everyone for all their service. ADJOURNMENT The meeting was adjourned at 7:52 p.m. Kris Peck Acting City Clerk (City Seal) Clare Sullivan Presiding Officer 81