HomeMy WebLinkAbout09272011 Planning & Zoning Work Session Notes Cily of Seward, Alaska Cily Council Minutes
Augus122, 20l l Volunre 38, Page 051
Motion Passed Unanimous
NEW BUSINESS
Ordinances for Introduction
Ordinance 2011-004, Amending Portions Of Seward City Code 15.10.140 Definitions To
Change, Update And Accommodate The Wishes Of The Public.
Motion (Bardarson/Shafer) Introduce Ordinance 2011-004
Mayor Dunham questioned why these actions were being taken at this time.Assistant City
Manager/Community Development Director Michelle Weston replied that it was part of an
ongoing effort to update the language of the band Use Code.
Vice Mayor Bardarson asked if the language relating to the new Brewpub definition could be
expanded to include `brewing is primaril for on-premise consumption, with limited off-premise
sales...'
Mayor Dunham was concerned with tightening definitions when there hasn't been a lot of
discussion. Weston suggested they have a work session for the Council and the Planning&Zoning
Commission.
Motion to Postpone (Keil/Shafer) Introduction of Ordinance 2011-004
Postponed to the October 24, 2011
Meeting
Motion Passed Unanimous Consent
Discussion on City Manager hire.
City Clerk Johanna Kinney sought further direction relating to scheduling a date for in-
person interviews for the three candidates. The evening of September 8, 2011 worked for all of
council.There would be a public reception from 5:00-7:00 p.m.,with the interviews to follow at 7:00
p.m. Dunham asked if the Bear Room at the SeaLife Center would be available for the reception.
Kinney asked council to consider how they wanted to perform reference checks on the candidates.
Shafer wanted council to perform the reference checks instead of hiring a consultant, but was
comfortable using a consultant from AMLJIA. Kinney would present final interview questions at the
Special Meeting on August 29, 2011 for council's approval.
Council scheduled a work session to discuss extending Seward Ship's DryDock enclosed work
area in order to accommodate the US Coast Guard vessels for October 10,2011 at 5:00 p.m.
COUNCIL COMMENTS
Shafer was pleased to hear about the reconsideration of the size of parking spaces by the
USponsored by: Planning and-Zoning Commission
Introduction Date: August 22,2011
A/ 1 Public Hearing Date: September 12,2011
Enactment Date: September 12,2011
CITY OF SEWARD,ALASKA
ORDINANCE 2011-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.140
DEFINITIONS TO CHANGE, UPDATE AND ACCOMMODATE THE
WISHES OF THE PUBLIC
WHEREAS, the Planning and Zoning Commission held numerous public work sessions
on Title 15 updates, the 2/22/2011, 3/22/2011, 4/26/2011, 5/17/2011, 6/07/2011, 6/21/2011 and
7/19/2011, specifically addressed 15.10.140 Definitions; and
WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns
and requests of the public and promote economic growth; and
WHEREAS, it is in the public interest to maintain a city code that reflects community
needs; and
WHEREAS, at its August 2, 2011 meeting, the Planning and Zoning Commission held a
public hearing and recommended City Council approval of the proposed City Code amendments.
NOW, THEREFORE,THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code is hereby amended to read as follows:
Title 15.10.140 is hereby amended as follows:
( kethf-au =deletions and are bold, Underline—additions and are bold Italic)
15.10.140 -- Definitions
A. General interpretation.
1. Words used in the present tense include the future tense.
2. The singular number includes the plural.
3. The word "person" includes a corporation as well as an individual.
4. The word "lot" includes the word "plot" or "parcel."
5. The term "shall" is always mandatory.
6. The word "used" or "occupied" as applied to any land or building shall be
construed to include the words "intended," "arranged," or "designed to be
used or occupied."
B. Specific definitions. (parenthetical references are for cross reference only) In this
chapter, unless otherwise provided or the context otherwise requires:
Z. Accessory building. A detached structure that:
i
CITY OF SEWARD, ALASKA
ORDINANCE 2011-XXX
Page 2of18
(a) Is clearly incidental to and customarily found in connection with a
principal building or use;
1b1 Is subordinate to and serves a principal building or use;
jLcJ Is subordinate in area, extent or purpose to the principal building or use
served;
Ld Contributes to the comfort, convenience or necessity of occupants,
business or industry in the principal building or use served; and
&2 Is located on the same or adjacent lot under the same ownership as the
principal building or use served.
An accessory building shall be considered to be a part of the main building
when joined by a common wall or connected by a breezeway to the main
building. Accessory building means any structure regardless of type of
foundation or base support, including skid-mounted or other moveable
structures.
(Accessory or mother-in-law apartment; See dwelling, efficiency apartment)
2. Agriculture. Commercial farming, dairying, pasturage, horticulture,
floriculture, viticulture, or animal and poultry husbandry including buildings used to
shelter farm implements, hay, grain, poultry, livestock or other farm produce in which
there is no human habitation and which is not used by the public.
3. Airport, A place where aircraft can land and take off, usually equipped with
hangars, facilities for refueling and repair, various accommodations for passengers, and
business lease sites.
4. Alley. A dedicated public way which affords a secondary means of access to
abutting property and not intended for general traffic circulation.
5. Alteration. Any change, addition or modification in the construction, location
or use of a building.
6. Amusement and recreation facility. Establishment engaged primarily in
providing entertainment for a fee including such activities as bowling alleys, billiards and
pool, dance hall, pinball machines, video games or other similar player-operated
amusement devices.
7. Antenna. A device used to transmit and/or receive radio or electromagnetic
waves between terrestrially and/or orbitally based structures. Includes satellite dish.
(Apartment. See Dwelling)
8 Auto repair station. A place where a qualified automotive mechanic provides
services such as general motor vehicle and engine repair, reconditioning or rebuilding,
CITY OF SEWARD, ALASKA
ORDINANCE 2011-XXX
Page 3 of IS
and collision service including body, frame and fender straightening and repair, painting
and undercoating of motor vehicles.
9. Auto service station. A place used primarily for the retail dispensing of motor
fuels and/or installation of tires, batteries and other accessories and services which do not
customarily or usually require the services of a qualified automotive mechanic. Also
known as a gas station.
(Bed and breakfast. See Lodging) �.J r
Z 4=7
(Boarding or rooming. See Lodging)
a 10. Brew ub. An establishment that is Primarily an eagt!g place which tncludes
the brewin,-of beer as an accessory use. brewing-is-for on premise consuriintion.
- / n 11. Building. Any structure built for the support, shelter or enclosure of persons,
animals, chattels or property of any kind.
12. Building area. A total area taken on a horizontal plane at the main grade level
of the principal building and all accessory building, exclusive of external steps.
13. Building, existing. A building erected prior to the adoption of this code or one
for which a legal building permit has been issued.
14. Building height. The vertical distance above a reference datum measured to
the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the
average height of the highest gable of a pitched or hipped roof. The reference datum,
which must be between the building and the property line or in a dedicated public right-
of-way that is accessible to fire suppression personnel and rescue equipment, shall be
selected by either of the following, whichever yields the greater height of building:
The elevation of the highest adjoining sidewalk or ground surface
within a five-foot horizontal distance of the exterior wall of the building
when such a sidewalk or ground surface is not more than ten feet above
the lowest grade; or
bb) An elevation ten feet higher than the lowest grade when the sidewalk
or ground surface described in subsection (1) above is more than ten feet
above the lowest grade. The height of a stepped or terraced building is the
maximum height of any segment of the building.
15. Building, principal or main. A building in which is conducted the principal or
main use of the lot on which the building is situated. Attached garages, porches and
carports shall be considered to be part of the principal building.
(Bunkhouse. See Housing)
CITY OF SEWARD, ALASKA
ORDINANCE 2011-XXX
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16. Business, general sales. A premises where the sale of goods or commodities
to the consumer takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book,
gift or apparel shops; fishing equipment, hardware or vehicle sales; restaurants; vehicle
rentals or variety stores.
1 Z Business,personal service. The conduct of business where personal assistance
is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc.
18 Campground. A plot of ground upon which two or more campsites are
located, established or maintained for occupancy by tents or recreation vehicles as
temporary living quarters for recreational or vacation purposes.
19. Campground, employee. An area operated by an established business with
high seasonal employment of transient workers as a housing alternative and not construed
to be a construction camp.
20. Child care, licensed center. In accordance with Alaska Statutes, a building
where adult care, protection and supervision is provided for children other than the
owner's or operator's. Also called day care, nursery school, pre-school and kindergarten.
21. Child care, licensed home. In accordance with Alaska Statutes, a private
residence where adult care, protection and supervision is provided for children other than
the occupant's. Also called day care, nursery school, pre-school and kindergarten.
22. Church. A building, structure or group of buildings or structures primarily
intended for conducting organized religious services and associated accessory uses. The
definition of a church shall be dependent upon U.S. Internal Revenue Service and the
Kenai Peninsula Borough Assessor's Office interpretation. A standard single family
residence not remodeled for public meetings shall not be considered a church.
23. Clinic. A building or portion thereof containing offices and facilities for
providing out-patient medical, dental or psychiatric services, and which may include a
dispensary to handle medication and other merchandise prescribed by physicians in
connection with their medical practice.
24. Club, private. A building and related facilities owned or operated by a
corporation, association or group of individuals established for the fraternal, social,
educational, recreational or cultural enrichment of its members, but not primarily for
profit, and whose members meet certain prescribed qualifications for membership and
pay dues. Includes lodges.
25. Cluster subdivision. A development design technique that permits a reduction
in lot area provided there is no increase in the number of lots permitted under a
conventional subdivision or increase in overall density of development by concentrating
buildings in specific areas on a site to allow the remaining land to be used for recreation,
common open space and preservation of environmentally sensitive areas.
City ofSewarel,Alaska Ciry Cocrncil Minutes
Au usr 22,2011 Volume 38, Page 647
CALL TO ORDER
The August 22,2011 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Willard E. Dunham.
OPENING CEREMONY
Police Chief Tom Clemons led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Willard E. Dunham presiding and
Jean Bardarson Vanta Shafer
Marianna Keil Bob Valdatta
Ristine Casagranda
Comprising a quorum of the Council; and
Phillip Oates, City Manager
Johanna Kinney, City Clerk
Brenda Ballou, Deputy City Clerk
Absent—Tom Smith
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING -None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Bardarson/Shafer) Approval of Agenda and Consent Agenda
The following was pulled from the agenda:
Ordinance 2011-005, Amending Portions Of Seward City Code 15,10.220 Development
Requirements Table 15.10.225 Land Uses Allowed And 15.10.225 Land Uses Allowed Table To
Change, Update And Accommodate The Wishes Of The Public.
The following was added to the agenda:
Discussion on City Manager hire.
Schedule work session to discuss extending the transfer pit and the length of the rails at
Seward Ship's DryDock to accommodate US Coast Guard vessels.
Motion Passed Unanimous
Sponsored by: Plannin and Zoning Commission
Introduction Date: August 22,2011
Public Hearing Date: September 12,2011
Enactment Date: September 12,2011
CITY OF SEWARD, ALASKA
ORDINANCE 2011- Q_6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.220
DEVELOPMENT REQUIREMENTS TABLE; 15.10.225 LAND USES
ALLOWED AND 15.10.225 LAND USES ALLOWED TABLE TO
CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE
PUBLIC
WHEREAS, the Planning and Zoning Commission has held numerous public work
sessions on Title 15 updates; and
WHEREAS, the 6/21/2011 public work session specifically addressed the Developments
Requirements and Development Requirements Table; and
WHEREAS, the 9/21/2010, 10/07/2010, 10/19/2010, 11/16/2010, 12/07/2010 and the
1/25/2011 public work sessions specifically addressed 15.10.225 Land Uses Allowed and the
Land Uses Allowed Table; and
WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns
and requests of the public and promote economic growth; and
WHEREAS, it is in the public interest to maintain a city code that reflects community
needs; and
WHEREAS, at its August 2, 2011 meeting, the Planning and Zoning Commission held a
public hearing and recommended City Council approval of the proposed City Code amendments.
NOW,THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code is hereby amended to read as follows:
Table15.10.220—Development Requirements Table is hereby amended as follows:
(Skethf!eughs=deletions and are bold; Underline= additions and are bold Italic)
Zoning Districts Principally Residential Principally Commercial Principally
Public
RR R1 R2 R3 UR OR AC HC CB I RM INS P
Maximum tot 30 35 35 40 40 -35 50 100* 100 100* 30 50 10
Coverage (%) *(See 40
Note 6, next page)
CITY OF SEWARD,ALASKA
ORDINANCE 2011-XXX
Page 2 of 10
Section 15.10.225.- Land uses allowed is hereby amended as follows:
(Str-ikethr-eugks= deletions and are bold; Underline= additions and are bold Italic)
(a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions
contained therein are mandatory unless otherwise modified by this chapter. (See Tables at the
end of this Title.)
(b) Lodging as defined in section 15.10.140 (b) is allowed in accordance with table 15.10.225 of
this chapter and subject to the following conditions:
(1) Regardless of the date such use began, an annual administrative permit is required.
Prior to issuing the permit, the city shall conduct an annual life safety inspection of
each guest room to assure compliance with the current Unifor adopted Building
Code door/window egress standards, the presence of an operable and inspected fire
extinguisher and adequate smoke detection systems, a posted evacuation plan, and
visible signs showing exit locations.
(2) Parking will be provided in accordance with section 15.10.215 of this chapter.
(3) No cooking or cooking facilities are permitted in individual guest bedrooms.
(4) Within single and two-family residential districts, lodging is limited to a home
occupation within an owner-occupied dwelling which is the owner's principal place of
residence and to the rental of not more than 50 percent of the bedrooms to a
maximum of five.
(5) In all other residential districts, lodging within single-family residences and duplexes
is limited to a home occupation within the business owner's principal place of
residence and to the rental of not more than 50 percent of the bedrooms to a
maximum of five.
(b) Within commercial districts, lodging is limited to the rental of not more than five
guest bedrooms regardless of building or business ownership,
(7) Multi-family dwellings used for lodging purposes are not required to be the business
or property owner's residence. The use shall be limited to not more than five
apartment units.
(8) The rental of individual rooms for lodging purposes is not extended to apartment unit
tenants.
(9) Regardless of business name, the use of more than five guest bedrooms or apartments
is considered a motel or hotel for building and other code interpretation purposes.
(c) Transient merchants as defined in section 15.10.140 (b) of this chapter and which are allowed
in accordance with table 15.10.225 are subject to the following development requirements:
(1) For purposes of this chapter, such use and storage of equipment shall be limited to a
period not exceeding 4-50100 consecutive days in a calendar year.
Transient pmerchant facilities shall he ,and remain legally licensed and road ready
and shall be reproved completely from the property at the end of100 days.
(3) Transient merchants shall provide for the concealed storage of all inventory, supplies,
equipment and other materials brought to the site in connection with the business
conducted there.
CITY OF SEWARD, ALASKA
ORDINANCE 2011-XXX
Page 3 of 10
(4) Transient merchants using vehicles and trailers in the operation of transient business
activities authorized by this chapter shall ensure that the area of operation meets the
required setbacks as provided by section 15.10.220. In no case shall the allowed area
of operation be less than five feet from any property line,permanent structure or other
transient merchant.
(5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall
have blocked tires and be fully skirted to match the vehicle or
trailer.
(6) Any additions, including but not limited to porches, platforms and decks, shall be
sided or painted to match or complement the temporary structure vehicle or trailer
prior to operation.
(7) Every transient merchant shall provide sufficient trash receptacles on-site and ensure
the proper disposal of all garbage collected on the site.
(8)The use of generators is prohibited.
(9) No transient merchant shall conduct business on property owned or operated by the
city except in accordance with chapter 8.10 of this Code.
(10)Transient merchants shall conform to all federal, state and local laws.
(d) Commercial electronic towers, satellite dishes and antennas are allowed in accordance with
Table 15.10.225 of this chapter subject to the site being fenced.
(e) Livestock as defined in section 15.10.140(B). Are allowed in accordance with Table
15.10.225 of this chapter subject to the following:
(1) Lot size may not be less than 20,000 square feet per large animal, or not less than
20,000 square feet for evert,hvo small animals (aycluding chickens and rabbits);
(2) Livestock fencing shall be no closer than five feet from a property line;
(3) A city approved drainage plan showing that runoff from the livestock corral or pen
will not adversely impact neighboring property or stream;
(4) A city approved manure storage and disposal plan. The manure storage pile shall not
be closer than 25 feet from any property line.
(S) Up to Live chickens (hens) or rabbits are allowed in accordance with Table
15.10.225.
(6) Chicken or rabbit coops and enclosures are required and must meet a minimum
setback of 25 feet front neighboring homes.
(7) Chickens or rabbits are not allowed on lots with more than one dwelling unit.
CITY OF SEWARD,ALASKA
ORDINANCE 2011-XXX
Page 4 of 10
Table 15.10.225. - Land Uses Allowed Table is hereby amended as follows:
(Str-ikedifati deletions and are bold; Underline= additions and are bold Italic)
tie Districts: Principally Residential Principally Commercial Principally
-`� Public
Uses RR RI R2 R3 UR OR AC HC CB I RM INS P
- 4r' Accessory Building 0 0 0 0 0 0 0 0 0 0 0 0 O
Adult entertainment INTENTIONALLY
LEFT BLANK
Agency, i.e., travel, insurance, Q 0 0 Q 0
title, real estate, etc.
Agriculture 0
Airport and related services 0 C
Amusement or recreation 0 0 0
facility
Animal shelter 0 C
r Antenna, personal TV, satellite 0 0 0 0 0 0 0 0 0 0 0 0
l� dish
p Art gallery 0 0 0 Q 0
fAssemblages, temporary large, P p P P P P P
i.e., circus, fair
Attraction, permanent major C C C C C
visitor
Auditorium 0 0 0
Auto repair, i.e., mechanic, C 0
glass body, upholstery
Auto service/gas station 0 0 0
c ' Auto/RV sales and rentals 0 0 0
Boat sales 0 0 0 g
Boat, commercial 0 0
building/fabrication
i
V Boat, harbor/marina C C C C C
Boat, repair and maintenance 0 0 0 C
U l Boat, storage commercial O O 0 A
C
l Brewpub C C
Bulk material, i.e., concrete, C C
gravel, sand, asphalt
Business, marine retail sales and 0 0 0 0 Q
service C
Business, package liquor 0 0 0
CITY OF SEWARD,ALASKA
ORDINANCE 2011-XXX
Page 5 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R9 R2 R3 UR OR AC HC CB I RM IN5 I P
Business, retail sales and service 0 0 0 0
Business, retail sales and 0
service, industrial
Campground, camper park, RV C/P C/P C/P C/P C/P C/P
park
Campground, employee C/P
Car/boat wash 0 0 0
Cemetery 0 C 0
Center, community/civic 4; 0 C C
0
Center, mariner's 0 0 0 0
Center, senior or teen C C C 0 0 C C
Child care, licensed center C C 0 0 0 C
Child care, licensed home 4; 0 0 0 0 0
H H H 0
Church C C C C C C 0 0 0 0
Clinic, medical 0 0 0 0 0
Clubs, C 0 0 C
fraternal/lodges/social/veterans
Cluster subdivision C C C
Communications, commercial 0 0 0 0 0 0
satellite dishes, towers, poles,
and antennas less than 3 meter
(4-5 9.8 feet) diameter or 75
feet in height
Communications, commercial Q C C
satellite dishes, towers, poles, C
and antennas 3 meter (44r, 9.8
feet) diameter or greater than
75 feet in height
CorrectionaI/prison facility C C C C
Crematory 4; 0
Docks/wharves, industrial cargo 0 0 C C
Dock, passenger 0 O 0 0 0
C
Drinking establishment, i.e., C C C
bar, nightclub, lounge
CITY OF SEWARD, ALASKA
ORDINANCE 2011-XXX
Page 6 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS I P
Drive-in facility---fast food, C O C C C
banking, etc. - C
Dwelling, apartment in a 0 0 0 0 0 9
commercial building (limited to C
one unit) —
Dwelling, apartment in a 0 0 C C
commercial building (two or
more units)
Dwelling, apartment, mother-in- 0 0 0 0 0 0 0
law or accessory
Dwelling, attached single- C C C C C C C
family, i.e., townhouse, row
Dwelling, condominium C C C C C C C
Dwelling, detached single-family 0 0 0 0 0 0 0 C A
C
Dwelling, group home 0 0 0 0 0 0 8
C
Dwelling, guest house 0 0
C
Dwelling, multi-family (3 or C C C C C C C
more units)
Dwelling, two-family or duplex 0 0 0 0 0 C O
C
Dwelling, watchman or 0 C
caretaker
Emergency services, pub/vol; [ C C C C C 0 C 0 0 C 0
i.e., fire, ambulance, rescue
Financial institution, i.e., bank, C 0 O
S&
Flea market, open air retail C C C
other than occasional
Fuels, bulk storage and sales C
Golf course 0 0 C
Golf driving range 0 0 0 0 C
Greenhouse/nursery— 0 0 0
commercial
Grocery, convenience store C C C 0 0 0 0
Grocery, supermarket, foodmart 0 0
CITY OF SEWARD, ALASKA
ORDINANCE 2011-XXX
Page 7 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM. INS P
Health club C C 0 0 0
Home occupation 0 0 0 0 0 0 0 0 0 0
Hospital C C
House rental on a nightly basis P P P P P P
Housing, bunkhouse C C C
Housing, dormitory 0 0
Housing, nursing, retirement, C C C
convalescent
Kennel, commercial, musher or INTENTIONALLY
fancier LEFT BLANK
Laundry, dry cleaning 0 C 0 0
Library 0 0 0 0
Livestock, Excluding P P
Chickens Et Rabbits
Livestock Chickens Et P P P P P P P P P
Rabbits
Lodging, B&B, rooms, duplex HIP H/P H/P H/P H/P O/P O/P O/P O/P
and accessory apartment
Lodging, hostel P P P P P P
Lodging, hotel, motel, lodge, C 0 C C
inn
Lodging, multifamily dwelling P P P P P !a P
apartment P
Lumber yard/building supply C 0 C
Manufacturing—noxious, heavy C
Manufacturing, light fabrication, C 0
assembly
Merchant, transient 0 0 0 0
Mobile home park C/P
Mobile home, residential, not in INTENTIONALLY
park LEFT BLANK
Mobile home sales 0 0
Mobile medical unit 0 O 0
Mortuary/funeral home 0 0 0
Museum C 0 0 0 0 0
CITY OF SEWARD,ALASKA
ORDINANCE 2011-XXX
Page 8 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Office, boat charter, guide 0 0 0 0 0 9
C
Office, business or professional O 0 0 0 0
Office, government/quasi- 0 0 0 0 0 0 0
government administration
Office, mobile/temporary on P P P P P P P P P IP P P P
construction site
Office, home, professional 0 0 0 0 0
Parking lot 0 0 0 0 0 0 0 0 0
C C
Personal services, i.e., beauty, 0 0 0 O
shoe, tailor
Planned unit development C C C C C C
Playground, public tot lot 0 0 0 0 0 0 0 0 0 0 0
Railroad C C C C
Recreation, commercial indoor, 0 0 0 C
i.e., bowling, skating
Recreation, outdoor, i.e., 0 C C C
miniature golf
Recreation, shooting range Ic C C
Recycling center C C 0 C
Recycling, self-service drop-off 0 0 0 0 0 0 0 0
point
Repair service, i.e., large C C 0
appliance
Resource extraction, C C C
commercial subsurface, i.e.,
mining
Resource extraction, C C C
commercial surface, i.e., gravel
Resource extraction, 6 14; C 6 0 C C C C
commercial timber harvesting
Restaurant, food service, 0 0 0 0 0 C
catering
Rooming or boarding house 0/P 4; 0/P O/P
O/P
Salvage—auto, wrecking, scrap, C
junkyard
CITY OF SEWARD,ALASKA
ORDINANCE 2011-XXX
Page 4 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Sawmill or lumbermill C C
School, college C C S
C
School, public/private C C C C C C C C C
elementary/secondary
School, vocational C 0 0 C 0 Q
C
Seafood processing, i.e., C C C C
canning, rendering
Shop, i.e., welding, sheetmetal, C C 0
machine, steel fab.
Shop, i.e., wood, signs, cabinet, C C 0 C 0
upholstery
Shopping center (mal(} C C
Solid waste disposal, i.e., baler, C C C
transfer, landfill
Storage, container Q g Q Q Q Q Q Q Q 0 Q C
C C C C C C C C C C
Storage, explosives P
Storage, outdoor, yard, C 0 0 C
material/equipment
Storage, self service 0 0 0 Q
Storage, warehouse and 0 0 0 C
distribution
Studio, radio/television C 0 0 0 0 C
Tanks, aboveground associated C C r. 0
with service station
Taxidermy 0 0 0 0 0
Terminal, i.e., bus, truck, 0 C 0 C
freight
Terminal, marine/boat 0 C 0 0 C
passenger
Theater, concert, movie 0 0 Q
Tool/equipment rental 0 0
ai Trlp►, to per-a y office C C C C ■/�r C C C C
Temporary Structure
Utility facility, public electric, C C C C C C 0 0 0 0 0 0
water, sewer, etc.
CITY OF SEWARD,ALASKA
ORDINANCE 2011-XXX
Page 10 of 10
Districts: Principally Residential Principally Commercial Principally
Public
Uses RR R1 R2 R3 UR OR AC MC CB I RM INS P
Vehicle impound lot 0 0
Vending machine repair, storage G C
O O
Veterinary hospital C C C
Wind Energy Conversion Systems 0 0 0 0 0 0 0 0 0 0 p 0 0
(WECS)
Section 2. This ordinance shall take effect ten(10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 12`h
day of September 2011.
THE CITY OF SEWARD, ALASKA
Willard Dunham, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk (City Seal)
PLANNING AND LAND USE REGULATIONS 15.10.245
15.10.240. Home occupations.
A. intent.It is the intent of this chapter to permit home occupations which are compatible
with other permitted uses and with the residential character of a neighborhood,and which are
clearly secondary or incidental to the residential use of the main building. In general, a home
occupation is an accessory use so located and conducted that the average neighbor, under
normal circumstances, would not be aware of its existence. So long.as.all the development
requirements of this section are met, home occupations are permitted accessory uses as
identified in the land uses allowed table 15.10.225.
B. Development requirements.
1. Not more than two persons shall be employed in the home occupation.
2. No more than 30 percent of the gross floor area of all buildings on the lot shall be used
for the home occupation.
3. The home occupation shall be carried on wholly within the principal building, or other
buildings which are accessory thereto.Any building used for a home occupation shall
be wholly enclosed.
(Ord. 626, § 3, 1989; Ord. 633, § 2, 1990; Ord. 94-56)
15.10.24 Wind Energy Conversion Systems.
P ose. It is the purpos ' o£this section to establish health and safgty standard of
sm d energy conversion sytems (WECS) as define in this Code, and to encat g the
develop of small wind enemy systems.
B. De 'tions. or purposes o�this section,the following definition all apply unless the
context cl arly indica or req es a different meaning:
Wind ex Conversion tem (WECS). Any de . or assemblage, which directly
converts d energy into usabl rural, mechani x electrical energy, ' eluding such
devices as dmiils and wind biases, veers amend sup orting structures an such directly
connected f cilities as generators alternators, ' verters, atteries,and associa ed equipment.
This system is designed as a seco dary accessory e to e 'sting principal uses d to existing
buildings or acilities,wherein th energy generated is ed primarily for consu ption on the
same or adjo ' g parcel on whit it is located.
Small Win' Energy Con e"rsion ystem.A Wind Ener Conversi System tha has a rated
power capaci of not mare than 10 W and is intended t produce ever rim for on-site
r
consumption, itherinstead of or a a supplement to pu lic utility power.
Total hei h �freestandin WEC The distance meaured from the preexist' g atural
grade tg tf e hest point of any.bla e of the turbine.
otal height roof-mounted WECS. e distance measured from the building height to the
'ghest point A any blade of the turb' e. �
Supplement No. 10- 15-32.3
Dwayne Atwood
From: Christy Terry <vonandchristyterry@yahoo.com>
Sent: Tuesday, September 27, 2011 4:20 PM
To: Donna Glenz
Cc: Dwayne Atwood
Subject: Comments for work session 9127/2011-Thank you.
Dear Planner Glenz and Planning and Zoning Commission,
A) Please accept this email in support of keeping Licensed Daycare Homes as a Use allowed Outright in all
zoning districts. There are a number of reasons that support this as an Outright use:
I)Licensed Home Daycares have NO impact to their residential neighbors. I current reside directly next to a
licensed home and it fits into the neighborhood without issues. Currently there are two homes on my cul-de-sac
that have teenagers (mine included) and these homes have much more traffic and noise then the licensed home.
2)Daycares are NEEDED in Seward. In the Planning function of your body, you should recognize that drastic
actions have to be in place to keep or attract childcare to Seward. Parents can not work and Seward businesses
will not stay open without adequate childcare. This has been a struggle for many years and I constantly hear
from parents that have a difficult time finding reliable childcare. There isn't enough spots to go around.
3)Licensed Homes located within neighborhoods are good for the environment. I walk my youngest child next
door to her care provider,thus saving gas and limiting the environmental impact.
4)Licensed homes contribute to our healthy community. Children that are able to attend these licensed
homes by their neighbors are naturally more comfortable and stress free. Limiting the square footage (in the
definition of Home Occupation) available in these homes and potentially regulating the outside play space will
be detrimental to the children attending these facilities,both mentally and physically. Also by limiting staff
allowed to work in these homes (in the definition of Home Occupation) , you would be providing less positive
interaction for our communities precious children.
5) The definition of License Home vs License Child Care Center is adequate protection for residents fearing a
mass development of'homeowner-less' Centers impacting their neighborhood.
PLEASE do not put additional unnecessary restrictions on Licensed Home Daycares by amending the Land
Uses Allowed table from allowing them'Outright'to 'Home Occupation.'
B) I would also like to advocate for Brewpubs to be allowed'Outright'in the Central Business District as
opposed to being allowed by'Conditional Use Permit.' I think it is foolish to put additional restrictions on a
business operation that clearly functions as a restaurant. This use fits exactly into the uses already allowed
Outright in this district. Please think of this within your Planning function of the Commission in that we need
to revitalize our downtown. There are current development plans for a Brewpub downtown. How long has this
building sat empty and now the Commission is going to place additional restrictions on the developer above and
beyond what is already required in the Building/Fire Code?The City should actually be providing incentives
for businesses that remain or relocate to the downtown area. Having a thriving downtown is beneficial to all of
Seward's citizens. The current Brewpub might be 'grandfathered',but it would be a shame to discourage other
brewpubs in our downtown. The Zoning Code should not be the limiting factor in the development of this
industry in Seward!
Thank you for your time and service to the community. I am sorry I am not at the work session as I am
attending the Council Budget meeting in the Council Chambers. Thank you for your consideration of my
requests. Christy Terry
Spam
5
SEAN PARNELL,GOVERNOR
t5 E ! f 3601 C STREET SUITE 140
�3 PO BOX 241809
DEPT. OF HEALTH AND SOCIAL SERVICES ANCHORAGE,ALASKA 99624-1809
PHONE:(907)269-4500
:DIVISION OF PUBLIC ASSISTANCE TOLL FREE:(888)268-4632
CHILD CARE PROGRAM OFFICE TOLL FREE FAX.-f888)224-4536
FAX.-(907)269-1064 LICENSING
FAX.'(907)269-4536 PROGRAMS
September 26,2011
City of Seward Community Development
Attn: Donna Glenz
P_0. Box 167
Seward, AK 99664
Re: City of Seward Ordinance 2011-005
Dear Ms. Glenz:
The Department of Health& Social Services,Child Care Program Office has been
informed of possible changes to the City of Seward's Home Occupation Ordinance. We
believe if passed,this ordinance may adversely affect the operation of licensed child care
facilities in your community,and would be detrimental to family's accessing quality
child care.
Alaskan communities rely on the availability and accessibility of quality child care
facilities. Licensed child care facilities are regulated and monitored to ensure they
provide a healthy, safe environment for children ages: newborn through twelve years old.
A Licensed Child Care Facility in the State of Alaska has to remain compliant with
comprehensive Child Care Licensing Regulations, State of Alaska Background Check
Program requirements, Local Fire Marshal requirements, and other applicable local and
state requirements.
Please accept this letter as a measure of support for the licensed child care facilities in
your community and as an opposition to the changes currently proposed.
If you have any questions or if you need any assistance,l can be reached at(907) 269-
4784, or via email at Marcey.Bish@alaska.gov.
Sincerely,
Marcey 7ffi ��
Program Manager
Child Care Program Office
'E
sa
Donna Glenz
From: Michelle Unrein <munrein05@hotrnail.com>
Sent: Tuesday, September 27, 2011 1:25 PM
To: Donna Glenz
Donna,
This email is in regards to the proposed ordinace change that would affect in-home daycares.
As a working parent I know firsthand the challenges of finding quality childcare in Seward. Having the option
of taking my children to a licensed in-home daycare center gives me peace of mind because I know that they
will be well cared for. All of the licensed daycare centers in Seward usually have waiting lists. In order for a
daycare to be eligible for state licensing they must be in compliance will all local code. The proposed
ordinance change would make it impossible for in-home daycare centers to get state licensing due to the
restrictions it places on the gross floor area used and the number of employees allowed. This would have a
negative impact on the quality of childcare available in Seward. I have been told that existing businesses will
be "grandfathered" in and would not be affected by this proposed change. This would only be a temporary fix
and would still affect any new in-home daycare centers opened in the future. A better long-term solution
would be to have a separate set of rules in place for in-home daycares, similar to what is already in place for
B&B's.
Michelle Unrein
Spam
Not spam
Forget previous vote
f �
1
h �
LiNritters Daycare & Preschool LLC
P.O. Box 2443
Seward, Alaska 99664
907-224-5400
ikd@alaska.com
City Of Seward Community Development
Attention: Donna Glenz
P.O. Box 167
Seward, Alaska 99664
CC: Seward Planning &Zoning Commission
Re: City Of Seward Ordinance 2011-005
Dear Ms. Glenz,
The proposed changes will adversely affect the future of licensed quality childcare in Seward.
The quality, availability of childcare and the well being of children in our community is at stake.
The ordinance as a whole will prevent any and all future licensed homes in Seward. In order for
a home to be licensed by the state childcare licensing division the home must first meet the
requirements in the city code. Since we cannot meet those requirements as proposed in this
ordinance we will lose licensed childcare homes and we will be failing to offer the parents and
their children in our community the availability of quality care. At the present time there are 32
licensed homecare spaces offered to parents & children in the city with 8 more licensed spaces
available out of the city limits. Theses spaces are currently at capacity. Three homes also meet
another community need by offering a preschool within their programs.
Being licensed also means that we are able to accept and assist low income families with,
daycare assistance,jobs program, food program, and tribal stipends. Without licensing these
programs that assist low income and single parents would be available to only a few select
parents who were able to find care in a licensed home out of the city limits.
We also employ individuals and offer them an apprenticeship opportunity to further their
education and earn a nationally recognized Child Development Associates Degree.
As a childcare provider in the city of Seward for the past 27 years I stand in opposition to the
changes currently being proposed.
Thank you for further considering this proposed ordinance and effect of its passing on the
families, children and the local economy in Seward.
Sincerely,
Marsha Ambacher
f