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11082022 Planning & Zoning Meeting Packet
Planning & Zoning Commission Agenda Packet Regular Meeting Tuesday, November 8, 2022 Seward Community Library 7: 00 p. m. The City of Seward, Alaska SEWARD PLANNING AND ZONING COMMISSION ib REGULAR MEETING AGENDA November 8, 2022 7:00 p.m. Community Library Clare Sullivan Chair Term February, 2024 Vanessa Verhey Vice Chair Term February, 2023 Nathaniel Charbonneau Commissioner Term February, 2024 Victoria Monaco Commissioner Term February, 2025 Brenan Hornseth Commissioner Term February, 2025 Troy Staggs Commissioner Term February, 2025 Sean Ulman Commissioner Term February, 2025 Janette Bower City Manager Jason Bickling Community Development Director Courtney Bringhurst City Planner Selena Soto Planning Assistant Brenda Ballou City Clerk 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards - None B. City Administration Report C. Other Reports and Announcements - None D. Presentations - None [Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by council.] City of Seward, Alaska Planning & Zoning Meeting Agenda November 8, 2022 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 2022-025, 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 Lot 4A-1 and Lot 4D, Block 7, Fourth of July Creek Subdivision Seward Marine Industrial Center (SMIC), Raibow Replat, Creating Four Lots; Lot 4D-1, Lot 4A-2, Lot 4A-3, and Lot 4A-4; Vacating the West 5' Utility Easement of Lot 4D, Block 7, Fourth of July Creek Subdivision SMIC, Raibow Replat, and East 5' Utility Easement of Lot 4A-1, Block 7, Fourth of July Creek Subdivision SMIC, Raibow Replat............................................................ .......Page 4 2. Resolution 2022-026, 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 AT, Forest Acres Subdivision; Located at 2607 Dimond Blvd, from a Rural Residential (RR) Zoning District to Resource Management (RM) ZoningDistrict...................................................................................................Page 21 3. Resolution 2022-027, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Amend Portions of Seward City Code, 15.25 Floodplain Management, Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA)........ Page 32 8. UNFINISHED BUSINESS - None 9. NEW BUSINESS A. Resolutions Resolution 2022-028, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Lots 5 & 6, Block 14, Original Townsite of Seward, Federal Addition, Vacating the Interior Lot Line and Creating One Lot to be known as, Lot 5A, Block 14, Original Townsite of Seward, Federal Addition, Saltwater Safari Replat.........................................................................................Page 59 B. Other New Business Items *1. Approval of October 1lth, 2022 Regular Meeting minutes ...........................Page 77 2.Set topic for November 15th work session...............................................Page 84 3. Discuss cancelling the December 20th work session 4. Discuss adjusting January meeting dates City of Seward, Alaska Planning & Zoning Meeting Agenda November 8, 2022 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. Reminder: November 15, 2022 regular Planning and Zoning Work Session at 6: 00pm in the Council Chambers, City Hall. B. Reminder: December 6, 2022 regular meeting at 7: 00 pm. 11. 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 CITIZENS COMMENTS 13. ADJOURNMENT City of Seward, Alaska November 8, 2022 Planning & Zoning Meeting Agenda 3 Planning and Zoning Agenda Statement Meeting Date: November 8, 2022 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2022-025: Recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Replat of Lot 4A-1 and Lot 4D, Block 7, Fourth of July Creek Subdivision Seward Marine Industrial Center (SMIC), Raibow Replat, Creating Four Lots; Lot 4D-1, Lot 4A-2, Lot 4A-3, and Lot 4A- 4; Vacating the West 5' Utility Easement of Lot 4D, Block 7, Fourth of July Creek Subdivision SMIC, Raibow Replat, and East 5' Utility Easement of Lot 4A-1, Block 7, Fourth of July Creek Subdivision SMIC, Raibow Replat 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 the Seward City Harbor on behalf of JAG Alaska, Inc. This platting action creates four new parcels, Lot 4D-1, Lot 4A-2, Lot 4A-3, and Lot 4A-4 by subdividing Lot 4A-1 and Lot 4D, Block 7, Fourth of July Creek Subdivision, SMIC, Raibow Replat, also known as 3305 & 3409 Morris Avenue Seward, Alaska in the Seward Marine Industrial Center. JAG Alaska, Inc requested this platting action in order to increase the footprint of the land they are currently leasing at the Seward Shipyard. This would allow them to extend the existing rail system on the property to create additional ship berthing and much needed additional employee parking that together will support increased annual volume of work that can be performed at the facility. In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. Subdivision Review: Zonino"- The property is zoned Industrial (I). .Size, Lot 4A-2 is 3.137 acres; Lot 4D-1 is 1.895 acres; Lot 4A-3 is 2.643 acres; Lot 4A-4 is 3.478 acres. Utilities: These Lots currently are within accessible distance to hook up to City water and sewerif needed.The Lotsarewithinthe required distancetoa fire hydrant (see attached utiiitymapspage 9). Existino Use: These lots are currently being used for marine repair and storage. Access: Lot 4A-2 can be accessed from Morris Avenue. Lot 4D-1 can be accessed from Morris Avenue or Olga Street. Lot 4A-3 can be accessed from Olga Street. Lot 4A-4 can be accessed from Olga Street or Sorrel Road. Flood Zone: The lots are within a Flood Zone D. The Zone D designation is used for areas where there are possible but undetermined flood hazards. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vo/ 1 Ch 2.2.11 -The Comprehensive Plan encourages completing the development of SMIC as a revenue source with year-round employment opportunities. Vo/ 1 Ch 3.5.1.2 - Support the SMIC Development Plan to include new market trends and modern technologies for ship repair and construction, shipping of natural resource products, boat storage, and other compatible industries, soliciting support from Alaska Industrial Development and Export Authority (AIDEA) and the US Economic Development Administration (EDA). Strategic Plan: "Expand development in the Seward Marine Industrial Center" (page 7). Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department has received 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 2022-025, recommending City Council and Kenai Peninsula Borough Approval Of The Preliminary Replat Of Lot 4A-1 And Lot 4D, Block 7, Fourth Of July Creek Subdivision Seward Marine Industrial Center (SMIC), Raibow Replat, Creating Four Lots; Lot 4D-1, Lot 4A-2, Lot 4A-3, And Lot 4A-4; Vacating The West 5' Utility Easement Of Lot 4D, Block 7, Fourth Of July Creek Subdivision SMIC, Raibow Replat, And East 5' Utility Easement Of Lot 4A-1, Block 7, Fourth Of July Creek Subdivision SMIC, Raibow Replat. Sponsored by: Applicant Public Hearing: November 8, 2022 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2022-025 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 LOT 4A-1 AND LOT 4D, BLOCK 7, FOURTH OF JULY CREEK SUBDIVIDION, SEWARD MARINE INDUSTRIAL CENTER (SMIC), RAIBOW REPLAT, CREATING FOUR LOTS; LOT 4D-1, LOT 4A-2, LOT 4A-3, AND LOT4A-4; VACATING THE WEST 5' UTILITY EASEMENT OF LOT 4D, BLOCK 7, FOURTH OF JULY CREEK SUBDIVISION SMIC, RAIBOW REPLAT, AND EAST 5' UTILITY EASEMENT OF LOT 4A-1, BLOCK 7, FOURTH OF JULY CREEK SUBDIVISION SMIC, RAIBOW REPLAT WHEREAS, the City of Seward Harbor, per the request of JAG Alaska Inc, has submitted a preliminary replat to the City of Seward for review and recommendation to the City Council and the Kenai Peninsula Borough; and WHEREAS, this replat creates four new parcels, Lot 4D-1, Lot 4A-2, Lot 4A-3, and Lot 4A-4 by subdividing Lot 4A-1 and Lot 41), Block 7 Fourth of July Creek Subdivision, SMIC, Raibow Replat, also known as 3305 & 3409 Morris Avenue Seward, Alaska in the Seward Marine Industrial Center; and WHEREAS, JAG Alaska Inc. is interested in expanding their lease to the proposed Lot 4A-3; and WHEREAS, the parcels are zoned Industrial (1); and WHEREAS, the property currently has access to municipal road, water, sewer, and electric; 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. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: 6 Seward Planning and Zoning Commission Resolution No. 2022-025 Page 2 of 2 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 Lot 4A-1 And Lot 41), Block 7, Fourth Of July Creek Subdivision SMIC, Raibow Replat, Creating Four Lots; Lot 4D-1, Lot 4A-2, Lot 4A-3, And Lot 4A-4; Vacating The West 5' Utility Easement Of Lot 41), Block 7, Fourth Of July Creek Subdivision SMIC, Raibow Replat, And East 5' Utility Easement Of Lot 4A-1, Block 7, Fourth Of July Creek Subdivision SMIC, Raibow Replat. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 8th day of November, 2022. THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) MORRIE Proposed Lot 4A-2 r � i y p ac. MO ~ Lot 4D-1 oposed JAG -ease Site Q Iroposed Lot A4-3 , i� 4 Preliminary Replat of Lot 4A-1 and Lot 4D, Block 3305 & 3409 Morris Ave 7, Fourth of July Creek Subdivision SMIC, Raibow rawnBy: Selena Soto Replat, Creating Four Lots: Lot 4D-1, Lot 4A-2, 0 65 130 260 Feet Lot 4A-3, and Lot 4A-4 Due to different data sources property lines and aerial imagery do not overlay correctly. Mapping Assistance by Alaska Map Company, LLC Map is to be used for orientation and reference purposes only. 8 _ \) \ | � E � « v. A 1% 144 N. Binkley Street, Soldotna, Alaska 99669 • (907) 71.4-2200 • (907) 714-2378 Fax PRELIMINARY PLAT SUBMITTAL FORM PRELIMINARY PLAT F-] REVISED PRELIMINARY PLAT (no fee required) PHASED PRELIMINARY PLAT[] PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION — all requirements of chapter 20, excluding 20.30.210 and 20.50 apply and must be met. SUBDIVISION PLAT NAME: must be a unique name, contact staff for assistance if needed. PROPERTY INFORMATION: legal description Lot 4D and Lot 4A-1, Block 7, Raibow Replat Plat 2015-14 Section, Township, Range Section 18 T1 S R1 B SM, AK General area description Seward Marine Industrial Center SMIC City (if applicable) Seward Total Acreage 11.152 SURVEYOR Company: AK Lands, Land Surveying LLC Contact Person: Stacy Wessel mailing Address: 13521 Venus Way city, state, zip Anchorage, AK 99515 Phone: 907-744-LAND e-mail: aklands(oD_aklands.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATERDonsite QCityDcommunity WATERDInsite R]CityDcommunity SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available plat committee meeting after a complete application has been received. full size paper copy *,— reduced sized drawing (11 x 17) Preliminary plat NON-REFUNDABLE submittal fee 400 _RJJJAy Planning Commission minutes when located within city limits or Bridge Creek Watershed District 'certificate to plat for ALL parcels included in the subdivision ❑ Ocumentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) ,VSLL requirements of KPB 20.25.070 (see page 2 for checklist) and KPB 20.25,080 EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the 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. 1.20.30.030 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. OWNER(s) Name (printed): Norman Regis Signature: Dy; „Y�,9ne3 by Nmm RNI, N©rman Reg Date: 2021.To.7309:27:23-U'00• Phone: 907-224-4352 a -mail: nre is ci ofseward.net Name (printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: it$] CnA OrVirF I ML nM1/l V Kenai Peninsula Borough Code Title 20 Subdivisions 20.25.070 - Form and contents required. The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the following: A. Within the title block: Not applicable The required to my plat. information has been shown/noted. 1. 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 so nearly the same as to mislead the public or cause confusion; 2. Legal description, location, date, and total area in acres of the proposed subdivision; and 3. Name and address of owner(s), as shown on the KPB records and the certificate to plat, and registered land surveyor; B. North point, G. The location, width and name of existing or plaited streets and public ways, railroad rights -of -way, and other important features such as section lines or political subdivisions or municipal corporation boundaries abutting the subdivision; D. 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 v natural and manmade features, such as shorelines or streams; E. 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 that could affect the subdivision; F. The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision; G. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the adjacent land is not subdivided; H. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if applicable; fJt 1. Approximate locations of areas subject to tidal inundation and the mean high water line; V J. Block and lot numbering per KPB 20.60.140, approximate dimensions and total numbers of proposed lots; K. Within the limits of incorporated cities, the approximate location of known existing municipal wastewater and water mains, and other / utilities within the subdivision and immediately abutting thereto or a J statement from the city indicating which services are currently in place and available to each lot in the subdivision; L. Contours at suitable intervals when any roads are to be dedicated Y unless the planning director or commission finds evidence that road'\ grades will not exceed 6 percent on arterial streets, and 10 percent on other streets-, M. Approximate locations of slopes over 20 percent in grade and if contours are shown, the areas of the contours that exceed 20 percent grade shall be clearly labeled as such; N N. Apparent encroachments, with a statement indicating how the encroachments will be resolved prior to final plat approval; and b. If the subdivision will be finalized in phases, all dedications for through streets as required by KPB 20.30.030 mq� be included in t`' the first phase. ALTERATION OF FLATTED UTILITY EASEMENT PROCEDURES BY THE PETITIONER(S) Some legally described and recorded utility easements are unimproved and not used. Under certain circumstances, some of these easements may be altered or removed. 20.65.010. Authority; Legislative intent; Scope. This chapter is enacted under the authority of AS 29.40. A vacation decision is a discretionary legislative land use decision. The purpose of this chapter is to establish procedures for the vacation of a platted public right-of-way, public area, or other public easement dedicated on a borough approved plat, and to provide procedures for the alteration, including removal, of platted utility easements. This chapter does not apply to easements or property owned or held by a city or the borough in their proprietary capacity which may only be extinguished through the terms of the controlling document or applicable law. This chapter does not apply to private easements. 20.65-030. Vacation Criteria. Vacation of a platted public right-of-way, access, area or other easement granted for public use or public benefit must conform to the requirements of this chapter and AS 29.40.120 through AS 29.40.160 as now enacted or as amended. 20,65.070, Alteration of platted utility easements. A. Where platted utility easements are reserved for the purpose of providing utility services by an agency or utility provider and are not dedicated to the public use in the same manner as public rights -of -way, public access, or public easement granted for public use, the planning commission shall review and act upon all requests to alter, including removal, platted utility easements. For purposes of types of easements covered by this section, the KPB 20.90.010 definition for Utility Easement controls. B. The petitioner shall include the following items when submitting a request to alter a platted utility easement. 1. A petition, provided by KPB Planning Department, signed by the owner of the land subject to the platted utility easement as shown on the borough tax rolls. 2. Comments from the city advisory commission if applicable, and the jurisdictional authority of a dedicated right-of-way when the utility easement adjoins a dedicated right of way. A petition to alter a platted utility easement will not be approved if a city with jurisdictional authority objects to the alteration. 3. Comments or non -objection from all appropriate utility providers. Affected utility providers must initial or comment on the same sketch or submittal that is provided to the borough. 4. A sketch showing the alteration of the platted utility easement. If the alteration of the utility easement is due to an encroachment, then an as -built survey or site survey must be submitted with the petition. 5. Appropriate application fee. G. Applicant statement containing the reasons for the alteration of the platted utility easement. C. Notice shall be sent per KPB 20.10.100. D. When the application is complete, the planning commission will take action on the requested alteration of the platted utility easement, either approving or denying the request- E. A planning commission decision under this section is final. A notice of decision shall be sent to the petitioner. No reapplication or petition concerning the same alteration to platted utility easement may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. If the reasons for denial are resolved, the petitioner may submit a new petition for alteration of platted utility easement with documentation that the issues have been resolved, accompanied by a new fee. F. An appeal of the planning commission decision under this section must be filed in the superior court in accordance with the Alaska Rules of Appellate Procedure. G. Approval of an application under this section expires in 12 months. H. Upon approval, the alteration of a utility easement can be finalized by either. I. Recording of a subdivision plat which complies with Chapter 20. 2. Recording of a utility easement alteration resolution. Upon approval of an alteration to a platted utility easement, not associated with the vacation of a right-of-way, not requiring transfer of title, or changing of boundary lines, a resolution may be adopted by the planning commission and recorded by the planning department within the time frame set out in the resolution to finalize the approval. The petitioner is responsible for the recording fees. The resolution will require an exhibit drawing showing, and dimensioning, the utility easement alteration area. The exhibit drawing shall be prepared, signed and sealed by a license land surveyor. iNa Binkley Street, Soldotna, Alaska 99669 • (907) 714-2200 • (907) 714-2378 Fax PETITION FOR ALTERATION TO PLATTED UTILITY EASEMENT PUBLIC HEARING REQUIRED Upon receipt of complete application with fees and all required attachments, a public hearing before the Planning Commission will be scheduled. The petition with all required Information and attachments must be in the Planning Department at least 30 days prior to the Planning Commission hearing date. By State statute and Borough Code, the public hearing must be scheduled within 60 days of receipt of a complete application. SUBMITTAL REQUIREMENTS A utility easement alteration application will be scheduled for the next available planning commission meeting after a complete application has been received. 0 non-refundable fee to help defray costs of advertising public hearing. ❑ Utility easement requested to be altered was granted by subdivision plat, filed as Plat No. 2015-14 in Seward Recording District. OR ❑ Comments from Electric Association attached. ❑ Comments from Gas Company attached. ❑ Comments from Telephone Company attached. ❑ Comments from Cable Company attached. ❑ Comments from KPB Roads Department attached. ❑ Comments from City Advisory Planning Commission (if located within a city). Copy of minutes at which this item was acted on, along with a copy of City Staff Report. ❑ 1 copy of the plat or map showing the utility easement to be altered. Must not exceed 11 x 17 inches in size. Area to be altered shall be marked clearly with cross hatching or other identifiable markings. ❑ If an existing improvement is encroaching into the easement, an As -Built drawing depicting the encroachment must be attached. ❑ Yes 21 No Is the utility easement in use by any utility company? If yes, which utility? ❑ REASON FOR ALTERATION The petitioner must attach a statement with reasonable justification for the alteration utility easement. Alteration of utility easement will be finalized by ❑ resolution R1 plat LEGAL DESCRIPTION OF PARCEL CONTAINING THE UTILITY EASEMENT TO BE ALTERED: Lot 4D and Lot 4A-1, Block 7, Raibow Replat Plat 2015-14 Section, township, range Section 18, T1 S, R1 E, SM, AK City (if applicable) Seward General area SM IC owners of the parcel affected by the platted utility easement must sign the petition. Each petitioner must include address and legal description of his/her property. Attach additional signature sheets if needed. Submitted by: R1 Petitioner ❑ Representative Name (printed): Norman Regis SignatureNorman BC]IS o�,� �os,_,o,s,soa3s osao e-mail;nregis@cityofseward.net Address; Box 167 Seward, AK 99664 Owner of: Petitioners: Name (printed): Signature e-mail: Address: Owner of: Petitioners: Name (printed): Signature e-mail: Address: Owner of: 13 AKLANDS October 12, 2021 Kenai Peninsula Borough Planning Commission 144 N. Binkley St. Soldotna, AK 99669 Subject: Preliminary Plat -JAG Replat Seward, Alaska Greetings Lovely Commission Members of the Kenai Peninsula Borough, 13521 Venus Way Anchorage, AK 99515 (90) 744-LAND aklands@aklands.com aklands.com The City of Seward is creating four new parcels, Lot 4D-1, Lot 4A-2, Lot 4A-3, and Lot 4A-4 by subdividing Lot 4A-1 and Lot 4D, Block 7, Fourth of July Creek Subdivision, SMIC, Raibow Replat, Plat No. 2015-14, also known as 3305 & 3409 Morris Ave. Seward, Alaska in the Seward Marine Industrial Center (SMIC). The City of Seward is requesting an exception to KPB Platting Code 20.30.030 and the vacation of two 5-foot utility easements. Exception to KPB Platting code 20.30.030 The new subdivision is accessed by developed Tract A3 to the North (Morris Ave), East (Olga St) and Sorrel Road to the South. Tract A3 is a developed 60' wide service road access easement restricted to lessees, City and other authorized personnel. This easement serves as legal access for the Seward Marine Industrial Center. The City of Seward is the owner of this subdivision and Tract A3. Sorrel Rd is a platted 60 foot Right of Way to the South and varies in width to the west. Previous plats were approved with similar design. Vacate two 5' Utility Easements The City of Seward is requesting to vacate two platted 5-foot utility easements located at the West 5 feet of Lot 4D, and the East 5 feet of Lot 4A-1, Block 7 Fourth of July Creek Subdivision Seward Marine Industrial Center Raibow Replat. Said Lot 4D is expanding westward encompassing 40 feet, for a total of 210 feet. Said Lot 4D and Lot 4A-1 utilities are located along Morris Ave and Olga St. The City of Seward Electric, Water and Sewer GIS Application shows that there that are no utilities within the platted 5-foot utility easements. Granting the exception to KPB code and vacating the two 5-foot utility easements will provide the City of Seward with four new lots that facilitates creative development and economic opportunity. If you have any questions, feel free to call or email. 14 Sincerely, AK Lands, Land Surveying, LLC by Stacy Wessel Professional Land Surveyor M A I A% K A July 28, 2021 Mr. Norm Regis, Harbormaster City of Seward PO Box 167 1300 4th Street Seward AK 9966 Re: Additional Land for the Seward Shipyard Dear Mr. Regis: JAG Alaska, Inc. 3306 Sorrel Road PO Box 969 Seward, Alaska 99664 Phone: 907.224.3198 JAG Alaska desires to increase the foot print of its land lease at the Seward Shipyard in order to extend the existing rail system creating additional ship berthing and much needed additional employee parking that together will support increased annual volume of work that can be performed at the facility. I have attached a drawing as separate pdf file showing the additional land that JAG Alaska would like to include in its lease. Please note that the Sorrel Road right of way accessing the public beach near the shipyard main gate is being preserved. We understand that more detailed plat drawings and legal descriptions will be required for the actual lease documents, but wanted to get the discussion started with a simple sketch. Please let me know if you have comments regarding the proposed lease expansion. If, the proposed new shipyard lease boundaries meet with your approval, please advise on the next steps we will need to take to modify the shipyard lease. Sincerely, Doug Ward 907 617-4726 dward.ktn@gmail.com ill ------------------------------------ - F SURVEYORS CERTIFICATE PRELIMI( PLAT - ------------------- 'Ai7 ............ . ... ... . ----------- - ---------------------- - - -- - -- - -- - CITY OF SEWARD PO BOX 167 SEWARD AK 99664-0167 phone: (907) 224-4050 fax: (907) 224-4038 31582 JAG INDUSTRIAL & MARINE SERVICES 225 E CHICAGO ST JONESVILLE , MI 492501002 INVOICE 13/09/2021 2212 Invoice Description : Services provided and paid by COS on behalf of JAG, for legal description, Amount preliminary plat and boundary survey for JAG Lot 4A-1 BLK7, 4th July SMIC Raibow Replat. JAG Preliminary Re- Plat Fee- Kenai Peninsula Borough 200.00 Community Development preliminary plat review — Fourth of July Creek Subdivision SMIC 75.00 JAG Replat Create a legal description for JAG Lot 4A-1 BLK7, 4th July SMIC Raibow Replat- AK Lands 165.00 Preliminary Plat and Boundary Survey for JAG Replat AT SMIC-Ak Lands 3,270.00 System Sales Tax 259.70 Please remit payment by 12/09/2021 Invoice Total 3,969.70 Questions? Call Sully Jusino at 907 224 4059 or Amount Paid 0.00 sjusino@cityofseward.net. Payable to City of Seward. Balance Due 3,969.70 18 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE esU►-h,.�, a,,,,,,�{,,s� , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on OGvi1GY- 18+11 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Lot 4A-1 and Lot 4D, Fourth of July Creek Subdivision SMIC, Raibow Replat; Located at 3305 and 3409 Morris Ave as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this _Lf day of Dc4- 2022. iR AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I,CO (AX, &Ie" r— 'r , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward Citv Code ' 15.01.040/16.01.015 on the property located at Lot 4A-1 and Lot 41), Fourth of July Creek Subdivision SMIC, Raibow Replat; physical address 3305 and 3409 Morris Ave, the owners of which have petitioned for a Public Hearing to Subdivide Lot 4A-1 and Lot 4D Creating Fourth of July Creek Subdivision SMIC JAG Replat, Lots 4D-1 4A-2 4A-3 and 4A-4. The notice was posted on Oct b-e,r 2 6- , 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 .215-- day of Oc-t , 2022. Signature `11 Planning and Zoning Agenda Statement Meeting Date: November 8, 2022 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2022-026: Recommending City Council Approval of the Land Use Amendment to Rezone Lot AT, Forest Acres Subdivision; Located at 2607 Dimond Blvd, from a Rural Residential (RR) Zoning District to Resource Management (RM) Zoning District. Background and justification: Attached for the Commission's review and recommendation to the Seward City Council is Resolution 2022-026 recommending City Council approval to amend the Land Use Plan and Rezone Lot AT, Forest Acres Subdivision from a Rural Residential (RR) Zoning District to a Resource Management (RM) Zoning District. This lot located at 2607 Dimond Blvd. Seward City Code §15.01.035(b)(3) allows the rezone of land less than one acre when the land is contiguous to the requested zoning district. The proposed rezone sits adjacent to a Resource Management Zoning District to the north and east. Resource Management allows commercial boat repair, maintenance, and storage with an approved Conditional Use Permit. The properties to the north and east of the applicant, zoned Resource Management, are currently being used for commercial boat repair, maintenance, and storage. The applicant would need to apply for and receive a Conditional Use Permit in order to operate any commercial boat repair, maintenance, or storage. The applicant has complied with the public notification process and public hearing as required by City Code §15.01.040. 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 3.1.1.4 — "Support private sector business, employment, and programs." • "Support and encourage the growth of business." Strategic Plan: "Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision" (Page 5). `& Other: Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed rezone action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department has received no public inquiries. If any further correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation Commission approve Resolution 2022-026, recommending City Council approve amending the Land Use Plan and Rezone Lot AT, Forest Acres Subdivision; Located at 2607 Dimond Blvd, from a Rural Residential (RR) Zoning District to Resource Management (RM) Zoning District. Sponsored by: Applicant Public Hearing Date: November 8, 2022 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2022-026 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 AT, FOREST ACRES SUBDIVISION; LOCATED AT 2607 DIMOND BLVD, FROM A RURAL RESIDENTIAL (RR) ZONING DISTRCIT TO RESOURCE MANAGEMENT (AC) ZONING DISTRICT WHEREAS, Jarad Groom 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 Lot AT, Forest Acres Subdivision, from Rural Residential (RR) Zoning District to Resource Management (RM) Zoning District; and WHEREAS, the size of the land requesting to be rezoned is approximately nine -tenths of an acre; and WHEREAS, Seward City Code 15.01.035(b)(3) allows the rezone of land less than one acre when the land is contiguous to the requested zoning district; and WHEREAS, properties directly to the north and east are zoned Resource Management and the properties to the west and south are zoned Rural Residential; and WHEREAS, the current building constructed on the lot is allowed outright in a Rural Residential zoning district as an accessory building; and WHEREAS, the adjacent properties zoned Resource Management are currently operating commercial boat repair, maintenance and storage; and WHEREAS, the proposed rezone to Resource Management would still require the applicant to receive approval of a Conditional Use Permit for boat repair, maintenance, and commercial boat storage; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040. 23 Seward Planning and Zoning Resolution 2022-026 Page 2 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 2022-026 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 8th day of November, 2022. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair 24 r^tip N, E _ S• „,r be ,�e�#' •y{��.0 '. L � �"`l. �"" w - ; �, a } - 'r' yp ld.° b �-F �'-a+• cr ,§$. �_ a'�, +}c r i ' „get r. 1�3�11 NWI i`" - � ' .ram �`�a � S •c .n f �� 6� p Za` ^� r y} Fri i er Dieck g ra eff w 1 gym, je4rF �F 3 ,vt.dKi . � .1sf �h. fS, . � � � � - :� PV �'..: .+�'� _ �i • 'd` w''.. } v t ray t'r Rezone Lot AT, Forest Acres Subdivision from a 2607 Dimond Blvd Rural Residential (RR) Zoning District to rawnBy: Selena Soto Resource Management (RM) Zoning District 0 65 130 260 Feet Due to different data sources property lines and aerial imagery do not overlay correctly. Mapping Assistance by Alaska Map Company, LLC Map is to be used for orientation and reference purposes only. 25 CITY OF SEWARD P. O. BOX 167 410 Adanns Street Sewwd, Alaska 99664 Community Development 907.224AN9 907.224.,10 3K fax 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 Manning 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: Address: 'Qnti d ���� • C�P© -Co)(..,q,.(OZ�--,5eW-cfCj LA, jgt0(0q Telephone Number: �0 .3� -3i(n`T Email: M MgkcQ.cnm Proper!Proper!y Description Address:.j AbN red •_ �1aaz.�_. �L L Lot: F�TMock: --t P* __—Subdlvislon: Size of subject area: N ,.qa acres Number of parcels within subject area: Additional Information Intended use andior reason for rezoning: -r dE c 7 nnMat ,,.. os- Does the proposed amendment comply with the Comprehensive Plan? Seward 2030 Comprehensive Plan Volume I: http-K/ wwiK.citygfsewnrd.usAiomefshowdoc lment?id-1705 Volume If: hY sus!/www.cztyqfse�rard.usfhomelshowdocument?id=17Q7 W. What is the effect of the zoning amendment on the property owners and on the community at large? R� oano\ d bereF-;k o .P r ��►r+d.v.. �1 �� �n,�w c#1�___�� � 1 car��a� �.c.�d i�i c r� � b�. act, at Bead wed �S ��'S�u rcQ��SSs a$2Men4 Cyr �1u . . 1 hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge. 1 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 m ting. egular meetings are held the first Tuesday of every month. Applicant Signature: Enclosed: $300 Payment �} Map of the subject area (p� Other: ( f A map is require d 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 Sewardy to the Community Development Office. Signatures of 51% of property owners involved in the rezoned area. (Attach a separate sheet if necessary) SIGNATURE ADDRM ftgal DATE 27 err J how�r•ra CITY OF SEWARD RECEIPT # 44164 410 ADAMS STREET 10/06/2022 • PO BOX 167 SEWARD AK 99664 Received phone: (907) 224-4050 From Lookup Name Payment Type Check # Amounts 11122 COMMUNITY DEVELOPMENT Check 0000163 Due 300.00 Tendered 300.00 Change Due Description: REZONING JARED GROOM Zoning Fees 300.00 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE �dur &,;wf�s-�- , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on Oc�vbLe� /0""' she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Lot AT, Forest Acres Subdivision; 2607 Dimond Blvd as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this /9 day of Oc-fi 2022. 011 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040/16.01.015 on the property located at Lot AT, Forest Acres Subdivision; physical address 2607 Dimond Blvd, the owners of which have petitioned for a Public Hearing for a Land Use Amendment to Rezone their property from a Rural Residential RR Zoning District to a Resource Management RM Zoning District. The notice was posted on k-416z-.,- t�� 2� 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 I � day of (0 c'f-2022. M1 Planning and Zoning Agenda Statement Meeting Date: November 8, 2022 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2022-027: Recommending the City Council Amend Portions of Seward City Code; 15.25 Floodplain Management, Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA) Background and justification: On March 29, 2022, the City Council approved the Planning and Zoning Commissions priorities, one of which was to "make recommended updates to Title 15." The Floodplain Management section in Seward City Code was last reviewed and updated in 2016. The City of Seward has identified flood hazard areas that are subject to periodic inundation, which may result in loss of life and property. FEMA has created this model ordinance to help communities meet the minimum requirements of the National Flood Insurance Program (NFIP), and to promote public health and safety, and minimize public and private losses during flooding. The Planning and Zoning Commission held a joint public work session with the Seward Bear Creek Flood Service Area Board on 10/17/2022 to discuss the recommended model ordinance from FEMA. Intent: To provide a recommendation to City Council to update Seward City Code Title 15 regarding Floodplain Management. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 2.2.8 — City Government "Continue to review and update the City code." Vol 1, Chapter 3.8.1.2 — "Protect citizens from natural hazards by using appropriate land use policies and regulations." Vol 1, Chapter 3.8.1.4 — "Mitigate flood hazards" Vol 1, Chapter 3.8.1.5 — "Control development on lands subject to risks from seismic activity, floods, steep slopes prone to erosion, avalanches, landslides, and saturated soils." Strategic Plan: "Mitigate flood hazards." Page 11 "Actively participate in the National Flood Insurance Program (NFIP)." Page 11 Kea Recommendation Community Development Department staff recommends approval of Resolution 2022-027 recommending the City Council Amend Portions of Seward City Code; 15.25 Floodplain Management, Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA). 33 Sponsored by: Staff Public Hearing: November 8, 2022 CITY OF SEWARD, ALASKA RESOLUTION 2022-027 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, RECOMMENDING THE CITY COUNCIL AMEND PORTIONS OF SEWARD CITY CODE; 15.25 FLOODPLAIN MANAGEMENT, ADOPTING RECOMMENDED LANGUAGE AND REGULATIONS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) WHEREAS, on March 29, 2022 the City Council approved the Planning and Zoning Commission's priorities one of which included, "Make recommended updates to Title 15"; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code; and WHEREAS, FEMA has created this model ordinance to help communities meet the minimum requirements of the National Flood Insurance Program (NFIP); and WHEREAS, the City of Seward has identified flood hazard areas that are subject to periodic inundation which may result in loss of life and property; and WHEREAS, it is the purpose of this updated Floodplain code to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding; and WHEREAS, the Planning and Zoning Commission held a joint public work session with the Seward Bear Creek Flood Service Area Board on 10/17/2022 to discuss the recommended model ordinance from FEMA. 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 ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 8tn day of November, 2022. 34 CITY OF SEWARD, ALASKA ORDINANCE 2022-XXX AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair Title 15 - page 2 M Sponsored by: Bower Public Hearing: December XX, 2022 CITY OF SEWARD, ALASKA ORDINANCE 2022-XXX An Ordinance of the Seward City Council, Amending Seward City Code; 15.25 Floodplain Management, Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA) WHEREAS, on March 29, 2022 the City Council approved the Planning and Zoning Commission's priorities one of which included, "Make recommended updates to Title 15"; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code; and WHEREAS, FEMA has created this model ordinance to help communities meet the minimum requirements of the National Flood Insurance Program (NFIP); and WHEREAS, the City of Seward has identified flood hazard areas that are subject to periodic inundation which may result in loss of life and property; and WHEREAS, it is the purpose of this updated Floodplain code to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding; and WHEREAS, the Planning and Zoning Commission held a joint public work session with the Seward Bear Creek Flood Service Area Board on 10/17/2022 to discuss the recommended model ordinance from FEMA; and WHEREAS, on November 8, 2022 the Planning and Zoning Commission passed Resolution 2022-027 recommending City Council to approve this ordinance. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 15.10.226 is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): Ki. SECTION 1S.2S.010 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS A. STATUTORY AUTHORIZATION In AS 29, the Alaska State Legislature has delegated the responsibility to each community to adopt floodplain management regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the City of Seward, Alaska does ordain as follows: B. FINDINGS OF FACT 1. The flood hazard areas of the City of Seward are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. These flood losses may be caused by the cumulative effect of obstructions in flood hazard areas which increase flood heights and velocities and, when inadequately anchored, cause damage in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage, also contribute to flood loss. C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in flood hazard areas; 6. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding; 7. Notify potential buyers that the property is in a Special Flood Hazard Area 8. Notify those who occupy flood hazard areas that they assume responsibility for their actions; and 37 9. Participate in and maintain eligibility for flood insurance and disaster relief D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions to: 1. Restrict or prohibit development which is dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities; 2. Require that development vulnerable to floods, including facilities, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; 4. Control filling, grading, dredging, and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters, or which may increase flood hazards in other areas. 38 SECTION 15.25.020 DEFINITIONS Alluvial fan. A geomorphologic feature characterized by a cone or fan -shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. Appurtenant structure. A structure that is on the same parcel of property as a principal structure, the use of which is incidental to the use of the principal structure. Area of shallow flooding. A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard. The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, Al-30, AE, A99, AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard". Base flood. The flood having a one percent chance of being equaled or exceeded in any given year. Base flood elevation (BFE). The elevation to which floodwater is anticipated to rise during the base flood. Basement. Any area of the building having its floor sub -grade - i.e., below ground level - on all sides. Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Building. See "Structure." Coastal high hazard area. An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Elevation certificate. An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F). Federal Emergency Management Agency. The agency responsible for administration of the National Flood Insurance Program. 39 Flood or Flooding. (a) A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. (b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition. Flood elevation study. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood -related erosion hazards. Flood Insurance Rate Map (FIRM). The official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Flood Insurance Study (FIS). See "Flood elevation study". Floodplain or flood -prone area. Any land area susceptible to being inundated by water from any source. See "Flood or flooding." Floodplain administrator. The community official designated by title to administer and enforce the floodplain management regulations. Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations. Floodplain management regulations. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood proofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as "Regulatory Floodway." Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood 40 heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure. Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior or b. Directly by the Secretary of the Interior in states without approved programs. Levee. A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. Levee system. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Lowest floor. The lowest floor of the lowest enclosed area (including "Basement"). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this ordinance. to Mean sea level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced. New construction. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. One -hundred -year flood or 100-year flood. See "Base flood." Recreational vehicle. A vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light -duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory floodway. See "Floodway". Sheet flow area. See "Area of shallow flooding". Special Flood Hazard Area (SFHA). See "Area of special flood hazard" Start of construction. Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred EK "substantial damage," regardless of the actual repair work performed. The term does not, however, include either 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure, "provided that the alteration will not preclude the structure's continued designation as a "historic structure." ** Variance. A grant of relief by a community from the terms of a flood plain management regulation. Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Water surface elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverme areas. "Per FEMA P-467-2 (May 2008) Floodplain Management Bulletin Historic Structures and FEMA P-993 (July 2014) Floodplain Management Bulletin Variances and the National Flood Insurance Program, communities have the option of using either the Substantial Improvement Definition exclusion or the Variance criteria per 44CFR 60.6(a) to regulate Historic Structures. 43 SECTION 15.25.030 GENERAL PROVISIONS A. LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all special flood hazard areas within the boundaries of the City of Seward, Alaska. B. BASIS FOR ESTABLISHING SPECIAL FLOOD HAZARD AREAS The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report titled "The Flood Insurance Study (FIS) for the Kenai Peninsula Borough, Alaska and Incorporated Areas (City of Seward)" dated September 27, 2013 and October 20, 2016, with accompanying Flood Insurance Rate Maps (FIRMS) dated September 27, 2013 and October 20, 2016, are hereby adopted by reference and declared to be a part of this ordinance. The FIS and FIRM panels are available online at the Kenai Peninsula Borough's Geo Hub. C. COMPLIANCE All development within special flood hazard areas is subject to the terms of this ordinance and other applicable regulations. D. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted understate statutes. F. PENALTIES FOR NON-COMPLIANCE Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall 44 {insert applicable penalty(ies) per State/local law}. Nothing herein contained shall prevent the City of Seward from taking such other lawful action as is necessary to prevent or remedy any violation. G. DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Seward, any officer or employee thereof, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. H. SEVERABILITY This ordinance and the various parts thereof are hereby declared to be severable. Should any Section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the Section so declared to be unconstitutional or invalid. W SECTION 15.25.040 ADMINISTRATION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Floodplain Administrator, as appointed by the City Manager, will implement and enforce this ordinance by granting or denying development permits in accordance with its provisions. The Floodplain Administrator may delegate authority to implement these provisions. B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties of the Floodplain Administrator shall include, but not be limited to PERMIT REVIEW Review all development permits to determine that: a. The permit requirements of this ordinance have been satisfied; b. All other required state and federal permits have been obtained; c. The site is reasonably safe from flooding; d. In areas where a floodway has not been designated, require that no new construction, substantial improvements or other development (including fill) shall be permitted within Zones Al-30 and AE unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. USE OF OTHER BASE FLOOD DATA When Base Flood Elevation data has not been provided in accordance with Section 15.25.030(B), the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation data available from a federal, state or other source, in order to administer Section 15.25.050. Any such information shall be consistent with the requirements of the Federal Insurance Administrator. OBTAIN AND MAINTAIN FOR PUBLIC INSPECTION Obtain and maintain the following for public inspection and make available as needed: t a. Certification required by Section 15.25.050(A)(3)(a) (lowest floor elevations for all structures, bottom of the lowest horizontal structural member (if applicable), and service facilities/mechanical equipment); b. Certification required by Section 15.25.050(A)(3)(b) (lowest floor elevations or floodproofing of non-residential structures and service facilities/mechanical equipment); c. Certification required by Section 15.25.050(A)(3)(d) (engineered flood openings); d. Certification required by Section 15.25.050(F)(1) (floodway encroachments); e. Records of all variance actions, including justification for their issuance; f. Improvement and damage calculations. 4. NOTIFICATION TO OTHER ENTITIES a. Whenevera watercourse is to be altered or relocated, notify adjacent communities and the State Coordinating Office prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means, and assure that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. b. Base Flood Elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. c . Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. REMEDIAL ACTIONS Take actions on violations of this ordinance as required in Section 15.25.030(F) herein. C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before construction or development begins ineluding plaeemetit of manttfae�ffed homes, within any Special Flood Hazard Area established in Section 15.25.030(B). Application for a Development Permit may be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required: (1) - For A Zones (A, Al-30, AE, AH, AO): 47 a. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures. In Zone AO, elevation of existing highest adjacent grade and proposed elevation of lowest floor of all structures; b. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed; Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria in Section 15.25.050(A)(3)(b); and d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (2) - For V Zones (VE, V1-30 and V): a. Proposed elevation in relation to mean sea level of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all structures, and whether such structures contain a basement; b. Base Flood Elevation data for subdivision proposals or other development, including manufactured home parks or subdivisions, greater than 50 lots or 5 acres, whichever is the lesser; and c. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. D. ISSUING A DEVELOPMENT PERMIT 1. Upon determination that the submitted and recorded information connected with the permit application meets the terms of this chapter, the administrative official shall issue a floodplain development permit to the original applicant. If the project involves the construction of a residential structure in a special flood hazard area, the planning department floodplain management office will issue an initial permit based on the building plans in the application. A final permit will be issued after the applicant submits an elevation certificate and floodplain management staff determines that the building is in compliance with all floodplain regulations. 3. The floodplain development permit shall be valid until the expiration date provided that the start of construction occurs within 180 days of the permit issue date. If construction does not begin within this time period, the permit will expire 180 days from the issue date. The floodplain administrator shall be notified at least three days prior to start of construction for possible site inspection and notice -to -proceed. 4. The flood plain permit shall be valid for the extent of the project for which it was issued. 5. The floodplain development permit is not assignable without permission from the administrator. 6. The City may charge fees for permits and variances. Fees shall be established by resolution of the City Council to be paid by the applicant at the time that the floodplain development permit application is submitted. 48 SECTION 15.25.050 PROVISIONS FOR FLOOD HAZARD REDUCTION A. STANDARDS OF CONSTRUCTION In all special flood hazard areas, the following standards are required: 1. Anchoring a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; and Construction Materials and Methods All new construction and substantial improvements shall be constructed with materials resistant to flood damage; b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage; and c. All new construction and substantial improvement shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. Within Zones AH or AO, adequate drainage paths shall be constructed around structures on slopes to guide floodwaters around and away from proposed structures. 3. Elevation and Floodproofing a. Residential Construction (1) - For A Zones (A, AE, Al-30, AH, AO): Residential construction, new or substantial improvement, shall have the lowest floor, including basement, elevated to or above the Base Flood Elevation. In a Zone AO, the Base Flood Elevation is determined from the FIRM panel as the depth number specified. If no depth is specified, the required elevation is at minimum two (2) feet above highest adjacent grade. ii. In a Zone A where the Base Flood Elevation has not been determined, the Base Flood Elevation is determined locally by the criteria set out in Section 15.25.040(B)(2). A minimum of 2 feet above highest adjacent grade may result in a lower insurance premium. 49 in In Zones AE, AI-30, and AH, the Base Flood Elevation is determined from the FIS and/or FIRM. iv. A garage attached to a residential structure, constructed with the garage floor slab below the Base Flood Elevation, must be designed to allow for the automatic entry and exit of flood waters. See Section 15.25.050(A)(3)(d). Upon completion of the structure, certification by a registered professional engineer or surveyor that the elevation requirements of the lowest floor, including basement, of this section have been satisfied shall be provided to the Floodplain Administrator for verification. (2) - For V Zones (VE, V1-30 and V): Residential construction, new or substantial improvement, shall: Be located landward of the reach of mean high tide; ii. Have the bottom of the lowest structural member of the lowest floor (excluding pilings and columns), elevated to or above the Base Flood Elevation; iii. Have the pile or column foundation and structure attached thereto be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards; iv. Have the space below the lowest floor, usable solely for parking of vehicles, building access, or storage, either free of obstruction or constructed with non -supporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot; V. Prohibit the use of fill for structural support of buildings; and vi. Prohibit man-made alteration of sand dunes and mangrove stands. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Section. Upon completion of construction, certification by a registered professional engineer or architect that these design standards have been satisfied, and certification by a registered professional engineer or surveyor that the elevation requirements of the bottom of the lowest structural member of the lowest floor, excluding pilings and columns, of this section have been satisfied shall be provided to the Floodplain Administrator for verification. b. Non-residential Construction For A Zones (A, AE, Al-30, AH, AO): 50 Non-residential construction, new or substantial improvement, shall have the lowest floor either elevated to conform with Section 15.25.050(A)(3)(a) subsections (i), (ii) or (iii) as appropriate, Or, together with attendant utility and sanitary facilities, i. Be floodproofed below the elevation recommended under Section 15.25.050(A)(3)(a) subsections (i), (ii) or (iii) as appropriate so that the structure is watertight with walls substantially impermeable to the passage of water; and ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice meeting the provisions listed above. Upon completion of the structure, certification by a registered professional engineer or surveyor that the elevation requirements of the lowest floor, including basement, of this section have been satisfied shall be provided to the Floodplain Administrator for verification; or certification by a registered professional engineer or architect that the floodproofing design of this section is satisfied, including the specific elevation in relation to mean sea level to which such structures are floodproofed, shall be provided to the Floodplain Administrator for verification. For V Zones (VE, V1-30, V): Floodproofing of non-residential structures is prohibited. All structures must be elevated and constructed according to the requirements set forth in Section 15.25.050(A)(3)(a). c. Appurtenant Structures (Detached Garaees & Storaee Structures) For A Zones (A, AE, Al-30, AH, AO): Appurtenant structures used solely for parking of vehicles or storage may be constructed such that the floor is below the Base Flood Elevation, provided the structure is designed and constructed in accordance with the following requirements: Use of the appurtenant structure must be limited to parking of vehicles or storage; ii. The portions of the appurtenant structure located below the Base Flood Elevation must be built using flood resistant materials; iii. The appurtenant structure must be adequately anchored to prevent flotation, collapse and lateral movement; iv. Any machinery or equipment servicing the appurtenant structure must be elevated or floodproofed to or above the Base Flood Elevation; V. The appurtenant structure must comply with floodway encroachment provisions in 15.25.050(F); and A vi. The appurtenant structure must be designed to allow for the automatic entry and exit of flood waters in accordance with Section 15.25.050(A)(3)(d). Detached garages, storage structures and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 15.25.050(A)(3)(a) subsections (i), (ii) or (iii) as appropriate. Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the Floodplain Administrator for verification. For V Zones (VE, V1-30 and V): Floodproofing of non-residential structures is prohibited. All structures must be elevated and constructed according to the requirements set forth in Section 15.25.050(A)(3)(a). d. Flood Onenin2s All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs for meeting this requirement must meet or exceed the following criteria: For non -engineered openings: Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; ii. The bottom of all openings shall be no higher than one foot above grade; iii. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwater. Alternatively, a registered engineer or architect may design and certify engineered openings. Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the Floodplain Administrator for verification. B. STANDARDS FOR STORAGE OF MATERIALS AND EQUIPMENT 1. The storage or processing of materials that could be injurious to human, animal or plant life if released due to damage from flooding is prohibited in special flood hazard areas. 2. Storage of other material or equipment maybe allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning 6% C. STANDARDS FOR WATER SUPPLY AND WASTE DISPOSAL SYSTEMS All new or replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. 2. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. DEVELOPMENT PROPOSALS All new development proposals, including subdivisions and manufactured home parks, shall: 1. Be consistent with the need to minimize flood damage; 2. Have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; and 3. Provide adeauate drainage to reduce exposure to flood hazards. 4. Include Base Flood Elevation data for all proposals greater than 50 lots or 5 acres, whichever is the lesser. �rssee��!Rs_���:eT.eef!*szeee:�res�e�e!e�:� �rsser� 54 E. STANDARDS FOR RECREATIONAL VEHICLES All recreational vehicles placed on site shall: 1. Be on site for fewer than 180 consecutive days, 2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or Meet the permit requirements of Section 15.25.040 4.0 of this ordinance and the applicable elevation and anchoring requirements for- manufaePdfed homes i Seetio 5.5 [or- the numb system used by the eommunit-yj. F. FLOODWAYS Located within the special flood hazard areas established in Section 15.25.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge; 2. If Section 15.25.050(F)(1) is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Section 15.25.050. 3. Encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations may be permitted, provided that the City of Seward first applies for and fulfills the requirements for a Conditional Letter of Map Revision (CLOMR), and receives approval from the Federal Insurance Administrator to revise the FIRM and FIS in accordance with Section 15.25.040(B)(4)(b). 6.1. SECTION 15.25.060 VARIANCE PROCEDURE A. NATURE OF VARIANCES The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or the property owners. It is the duty of the City of Seward to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the Base Flood Elevation are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. B. CONDITIONS FOR VARIANCES 1. Variances shall only be issued: a. Upon a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances; b. For the repair, rehabilitation or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure, ** c. Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, d. Upon a showing of good and sufficient cause; e. Upon a determination that failure to grant the variance would result in exceptional hardship to the applicant; f. Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in Section 15.25.020 of this ordinance in the definition of "Functionally Dependent Use." 6fl- CITY OF SEWARD, ALASKA ORDINANCE 2022-XXX 2. Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result. * * Per FEMA P-467-2 (May 2008) Floodplain Management Bulletin Historic Structures and FEMA P-993 (July 2014) Floodplain Management Bulletin Variances and the National Flood Insurance Program, communities have the option of using either the Substantial Improvement Definition exclusion or the Variance criteria per 44CFR 60.6(a) to regulate Historic Structures. 3. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the Base Flood Elevation, provided the procedures of Sections 15.25.040 and 15.25.050 of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. C. VARIANCE CRITERIA 1. In considering variance applications, the appeal board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: a. The danger that materials maybe swept onto other lands to the injury of others; b. The danger of life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage; g. The compatibility of the proposed use with existing and anticipated development; h. The relationship of the proposed use to the comprehensive plan and floodplam management program for that area; i. The safety of access to the property in time of flood for ordinary and emergency vehicles; j . The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and, k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system and streets and bridges. 2. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: a. The issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of 57 CITY OF SEWARD, ALASKA ORDINANCE 2022-XXX insurance coverage, and b. Such construction below the base flood elevation increases risks to life and property; and 3. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance. D. APPEAL PROCEDURE 1. Appeal board. a. The Seward Planning and Zoning Commission (commission) shall hear and decide appeals and requests for variances from the requirements of this chapter. b. The commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the administrative official in the enforcement or administration of this chapter. c. Those aggrieved by the decision of the commission, or any taxpayer, may appeal such decision to the City Council sitting as Board of Adjustment, as provided in AS 29.40.050. Section 2. This ordinance shall take effect immediately upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the XX day of XXXX, 2022. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 58 Planning and Zoning Agenda Statement Meeting Date: November 8, 2022 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2022-028: Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Lots 5 & 6, Block 14, Original Townsite of Seward, Federal Addition, Vacating the Interior Lot Line and Creating One Lot to be known as, Lot 5A, Block 14, Original Townsite of Seward, Federal Addition, Saltwater Safari Replat Background and justification: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary replat submitted by Saltwater Safari Properties LLC. This platting action will create a single lot by vacating the interior lot line of Lots 5 & 6, Block 14, Original Townsite of Seward, Federal Addition. This parcel is located at 809 Third Ave. A vacant single-family dwelling and garage are currently located on the property. Saltwater Safari Properties LLC has received a Conditional Use Permit to construct a 9-Plex with crew housing on this property. Seward City Code 12.01.030 states that "No building, except a single-family residence, may be constructed across platted property lines." This requires Saltwater Safari Properties LLC to remove the interior lot line in order to construct the 9-Plex with crew housing. In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. Subdivision Review: ZoninThe property is zoned Auto -Commercial (AC). Size: The lot is 10,000 square feet (Required: Minimum of 9,000 s.f.) Utilities: The lots currently have access to water, sewer, and electric. Existina Use: There is currently a vacant single-family dwelling and garage located on the property. Access: Primary access to the lot will be from Third Ave and C Street. Flood Zone: According to the Kenai Peninsula Borough Floodplain map, the lot is not within a Flood Zone. 6T] 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." 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) Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Seward City Code 16.01.015(f) states that "a plat submitted to create a single parcel through the vacation of interior lot lines shall be exempt from subsection (c), public posting, (d), proof of posting and (e), notification of property owners." 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 2022-028, recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Lots 5 & 6, Block 14, Original Townsite of Seward, Federal Addition, Vacating the Interior Lot Line and Creating One Lot to be known as, Lot 5A, Block 14, Original Townsite of Seward, Federal Addition, Saltwater Safari Replat C:311 Sponsored by: Applicant Public Hearing: November 8, 2022 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2022-028 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPLAT OF LOTS 5 & 6, BLOCK 14, ORIGINAL TOWNSITE OF SEWARD, FEDERAL ADDITION, VACATING THE INTERIOR LOT LINE AND CREATING ONE LOT TO BE KNOWN AS, LOT 5A, BLOCK 14, ORIGINAL TOWNSITE OF SEWARD, FEDERAL ADDITION, SALTWATER SAFARI REPLAT WHEREAS, Saltwater Safari Properties LLC has submitted a preliminary replat to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the physical location of this platting action is 809 Third Ave; and WHEREAS, this replat will vacate the interior lot line, creating one lot to be known as Lot 5A, Block 14, Original Townsite of Seward, Federal Addition, Saltwater Safari Replat; and WHEREAS, the parcel is zoned Auto -Commercial (AC); and WHEREAS, Seward City Code 12.01.030 states that "No building, except a single-family residence, may be constructed across platted property lines"; and WHEREAS, Saltwater Safari Properties LLC has received a Conditional Use Permit to construct a 9-Plex with crew housing on Lots 5 & 6; and WHEREAS, the interior lot line between Lots 5 & 6 must be removed through a replat of the property before construction may begin; and WHEREAS, the proposed Lot 5A will be 10,000 square feet, which meets the required minimum buildable lot size of 9,000 square feet; and WHEREAS, the lot width meets the required minimum of 30% and WHEREAS, the lot currently has access to a platted public right-of-way as well as all public utilities; and WHEREAS, Seward City Code § 16.01.015(f), states that "a plat submitted to create a single parcel through the vacation of interior lot lines shall be exempt from subsection (c), public posting, (d), proof of posting and (e), notification of neighboring property owners"; and 61 Seward Planning and Zoning Commission Resolution No. 2022-028 Page 2 of 2 WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals. 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 Kenai Peninsula Borough approve the submittal of the replat of Lots 5 & 6, Block 14, Original Townsite of Seward, Federal Addition, vacating the interior lot line and creating one lot to be known as, Lot 5A, Block 14, Original Townsite of Seward, Federal Addition, Saltwater Safari Replat. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 8tn day of November, 2022. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair 62 Community Development/ Planning & Zoning 410 Adams St, Seward, Alaska 99664 •(907) 224-4048 ' (907) 224-402.0 or email: planning@cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM ❑PRELIMINARY PLAT REVISED PRELIMINARY PLAT (no fee required) PHASED PRELIMINARY PLACPRELIMINARY 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. f deral Addition. • Safari Pro ert(i Las replaL_ ---- PROPERTY INFORMATION: legal description Federal Addition to Seward Townsite, Lot 5 and Lot 6, Block 14 Section, Township, Range T1S, R1 W, Section 10 Seward Meridian General area description 809 Third Avenue City Seward I Total Acreage 0,23 SURVEYOR Company: Lang & Associates, Inc. Contact Person: Ken Lan Mailing Address: 11500 Daryl Avenue city, state, zip Anchorage, Ak 99515 Phone: 907 522-6476 e-mail: kenAlangsurvey.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER❑ on site City WATERQon siteQCity SUBMITTAL REQUIREMENTS AAprellminary tI pplication will he scheduled for the next available I'lanningand %nnin ;meeting after a complete application has been received. E Electronic file of Plat and - ✓ Preliminary plat NON-REFUNDABLE submittal fee $75.00- QCertificate to plat for ALL parcels included in the subdivision 2 Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) ❑ Public Notice Sign(s) Posted on property - City staff wffl 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. OWNER(s) Name (printed): Robert Candopulos Si u Phone: 907 240-8587 a -mail: bob fathom64 .com Name (printed): Alisa Jemmett Signatc}r Phone: 907 240-1203 e-m il: Name (printed): Signature: Phone: a-maii: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED Receipt 9 63 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 so nearly the same as to mislead the public or cause f confusion; z b. Legal description, location, date, and total area in acres of ! the proposed subdivision; and of c. Name and address of owner(s), as shown on the KPB records and the certificate to plat, and registered land surveyor; 2. North point; 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 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 4 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, J together with the purposes, conditions, or limitations of reservations that could affect the subdivision; 6. The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision; J 7, Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the adjacent land is not subdivided; 8. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands ` when adjacent to lakes or non -tidal streams, and the appropriate f/ study which identifies a floodplain, if applicable; 9. Approximate locations of areas subject to tidal inundation and the mean high water line; 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; v' 11. The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and j immediately abutting thereto V/ 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 Ir/ 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 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 Subdivision Name: gmmf t.+L- hQ01 -tesr-� - ,U �.'ydL C.ac�i3aCtic. Date 64 V 2 +� I'L fr•U 1 s u r�. rv� ft r `•'S1 x�S4"t 1 E Qu 1 t e LOtS b & b, 1:31OCK 14, u i 5 reaeral Aaamon 809 Third Ave Applying for a Replat to create one lot or—n By: Selena Soto Due to different data sources property lines and aerial 2A imagery do not overlay correctly. Map is to be used for N 0 20 40 so Feet orientation and reference purposes only. 13 Mapping Assistance by Alaska Map Company, LLC 65 m L f Z O m> no � ♦ WdMY6� ~ ; �O 3 az0 Oii WQ p w N N�z axN m O mo.avl w moo o c �m ai O�=nvU g0- o a m b ~�z�zln<Om0 `o i E o W i P r`i «g p U Lo Ili I- z O ._ o « 3 o m I dmw l°�3�ZU T �WaNI zon. W N < II O m 3 3 N I Cl' �moa I j C NH Q' I l °: d' m yo<Faa WWp �� - a N Ip JQu� w cL mle N rq MIN W J O VI Ca'o<�rn N N W t m I m o aN R W t oa m ja « E Ja_�m Q u a a4 m U m `o c -' U man= O0Neo+ Q ^ = a w- Q V T a a d L N C ^ova C ~ x s3m°v L ° W 3v�a U _oEo 3 O moo ; su<'Lo O Z - i m c ° `o _ � ° o - a = v mO a o ° c 0 O co - 0 3 O 0 N N I I 5 o Q o z « o m u, L - - - - - - - - - - - - - - - - - - mU o< o o `\ THIRD AVENUE wl-J--- w-� w- - B w �' Q E E �w -w- (A CL q c nw :Eo a 3 _ Q m o m n - - - - - - s •s Im ---- - � c m m W c E m a ° - -a `o F-- v°i ° u i ¢ �.. W m N W W 0 H W $ <� $ F--= W N `p F- � Ilid < Q o m O ^ haw Z' N S� I I � I xa aoo• O �h -- ---T- Q I i I I i I I i a a c - o E o E m E a o E N O L C LTHIRD L AVENUE v `c ° ° m E r 12 L m O ' O I --1lo w Q W maE m° N a Q oP=Ca o � o � 'E -c - J U ALLEY --� r--r-�---� « w m m0 m w W E. o Ya U° o U c a Y `o ¢ i Lti 0` o E.2 a V o 0 m w L � 0 SECOND AVENUE Q a O > ° m i. 0 O 1 EC 0 F- OrZ =E J in _'mEm°c da E m° THE STTATE A S KA 01A Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing PO Box 110806, Juneau, AK 99811-0806 (907) 465-2550 • Email: corporations@alaska.gov Website: corporations.alaska.gov Domestic Limited Liability Company 2022 Biennial Report For the period ending December 31, 2021 Due Date: This report along with its fees are due by January 2, 2022 Fees: If postmarked before February 2, 2022, the fee is $100.00. If postmarked on or after February 2, 2022 then this report is delinquent and the fee is $137.50. Entity Name: Saltwater Safari Properties LLC Entity Number: 10093216 Home Country: UNITED STATES Home State/Prov.: ALASKA Physical Address: 1949 FAIRWAY LOOP, KISSIMMEE, FL 34746 Mailing Address: PO BOX 1689, SEWARD, AK 99664 AK Entity #: 10093216 Date Filed: 1010712021 State of Alaska, DCCED Registered Agent information cannot be changed on this form. Per Alaska Statutes, to update or change the Registered Agent information this entity must submit the Statement of Change form for this entity type along with its filing fee. Name: tylan schrock Physical Address: 13636 TRAIL STREET, SEWARD, AK 99664 Mailing Address: PO BOX 2814, SEWARD, AK 99664 Officials: The following is a complete list of officials who will be on record as a result of this filing. • Provide all officials and required information. Use only the titles provided. • Mandatory Members: this entity must have at least one (1) Member. A Member must own a %. In addition, this entity must provide all Members who own 5% or more of the entity. A Member may be an individual or another entity. • Manager: If the entity is manager managed (per its articles or amendment) then there must be at least (1) Manager provided. A Manager may be a Member if the Manager also owns a % of the entity. iu n E Full Legal Name Complete Mailing Address % Owned Robert Candopoulos 10902 WOLF TRAIL CIRCLE, SEWARD, AK 99664 25.00 X Robert Savino 10902 WOLF TRAIL CIRCLE, SEWARD, AK 99664 25.00 X Stephen Babinec 10902 WOLF TRAIL CIRCLE, SEWARD, AK 99664 25.00 X Alisa Jemmett 10902 WOLF TRAIL CIRCLE, SEWARD, AK 99664 25.40 X If necessary, attach a list of additional officers on a separate 8.5 X 11 sheet of paper. Purpose: rental properties NAILS Code: 531110 - LESSORS OF RESIDENTIAL BUILDINGS AND DWELLINGS New NAICS Code (optional): Entity #: 10093216 Page 1 of 2 67 v , , t. First American Title Insurance Company "`w FirstAmerican PO Box 469 / 500 Adams St, Ste 100 `�`�yxL�% S Seward, AK 99664 Phn - (907)224-5272 Fax - (907)224-5281 CERTIFICATE TO PLAT To: Lang & Associates Inc Order No.: 0227-4004203 11500 Daryl AVE Plat: Federal Addition to the Original Townsite of Seward, Alaska Anchorage, AK 99515 Attn: Ken Lang Fee: $500.00 This is a Certificate as of September 30, 2022 at 8:00 A.M. for a proposed plat of the following described property: Lots 5 and 6, Block 14, FEDERAL ADDITION TO THE ORIGINAL TOWNSITE OF SEWARD, ALASKA, according to the official plat thereof, filed under Plat Number S-4, Records of the Seward Recording District, Third Judicial District, State of Alaska. The Company certifies that title is vested in: SALTWATER SAFARI PROPERTIES, LLC free from all liens, encumbrances and objections EXCEPT AS FOLLOWS: 1. Reservations or exceptions in United States Patent as it affects Lot 5 Block 14. Recorded: July 15, 1918 Recording Information: Book P1 at Page 45 And in United States Patent as is affects Lot 6, Block 14, Recorded: September 11, 1920 Recording Information: Book P1 at Page 82 2. Taxes due the Kenai Peninsula Borough, if any. 3. The effect of the notes which appear on the plat of said subdivision. (Copy Attached) 4. Easements as dedicated and shown on the plat of said subdivision. (Copy Attached) 5. Seward Planning & Zoning Commission Conditional Use Permit No. 2022-004, including the terms and provisions thereof . Allowing Among other things, to construct a 9-Plex Studio Apartment and Crew Housing Recorded June 13, 2022 Serial No. 2022-000583-0 This report is restricted to the use of the addressee, and is not to be used for closing any transaction affecting title to said property. Liability of the Company is limited to the amount of fee paid herein. FirsWerrcan Title Order No.: 0227-4004203 Page No.: 2 of 3 First American Title Insurance Company Kristi A, Larson, Title Officer FirsWerican Title Order No.: 0227-4004203 Page No.: 3 of 3 Limitation of Liability for Informational Report IMPORTANT - READ CAREFULLY: THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE, TITLE INSURANCE COMMITMENT OR PRELIMINARY REPORT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON. THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN TITLE INSURANCE COMPANY'S PRIOR WRITTEN CONSENT. FIRST AMERICAN TITLE INSURANCE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR FREE FROM ERROR, AND THE INFORMATION HEREIN IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, AS - IS, AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN TITLE INSURANCE COMPANY'S SOLE LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES THAT FIRST AMERICAN TITLE INSURANCE COMPANY WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. FIRST AMERICAN TITLE INSURANCE COMPANY MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENT'S USE OF THE INFORMATION HEREIN. firstMrrencan Title WHEN RECORDED RETURN TO 2019-000780-0 Recording Dist: 314 - Seward 8/7/2019 03:18 PM Pages: 1 of 1 Name R Ca-ncto bu RS Address City, Slate Zip �� QUIT CLAIM DEED THE GRANTOR {b ��bo �©��O t� AL -,,SA J tic tMv'AC-rr whose mailing address is: Po ((e u °i '�)C W L\ fL D A V— €or and in consideration of $10.00 and Other Valuable Consideration conveys and quit claims to S��TwAt tZ SAFAA( 1�20Pe2TIES LAC. whose mailing address is: Po V-- aISGGY the following described real estate, situated in the Recording District of state of Alaska, together with all after acquired title of the grantor(s) therein: 64M 5AN ('3c-.oGy- 14 FEnE2AL P,D:)tTIoru c5t2lG rL-A L�s r15 r i� d F � wA2j] A 48 ' -- 5- a �colLtliNti(irSYLtcT lf4i>ZA Tunr[rAc i1rS�¢tCTS n of ALASCV-L Dated. 0 oc(O�oa u]- felts-r J4wwff STA l'E OF ALASKA ) I jn l ir� ) ss, Judicial District ) TIES 18 TO CERTIFY that on Utis 1 day of { j Vl(/ " v before me the undersigned Notary Public, personally appeared C Ott 5+ Ai t A 1Jtr7rne-#, known to me and to me known to be the individual(s) described in and who executed the foregoing instrument and acknowledged to me that 4rA sign (lie same freely and voluntarily for the uses and purposes therein set forth, W1T1VE55 my hand and official seal. M A � My Commission expires: y � eRecorded Document ' rA 45 Juneau 03351 M. UNITsD STATES OF AiLRICA, TO ALL TO TROY THESE PRESENTS SHALL COSY, GRMIFG: "fMEAS, there has been deposited in the General Land Office of the United States evidence whereby it appear that Charles A. Tecklenburg is entitled to a patent for th Lot six of Block fourteen in the Federal Addition of the Towns to of Seward, Alaska, according to the approved Plat of the Survey of .said Tonnsite on file in the General Land Office, contain- ing five thousand square feet: ROW KNOW YE, That the URITED STATES OF AM"E ICA, in con- sideration of the promisee, and in oonformity with the several Acts of Congress in such case made and provided, HAS GMS AND GRANTED, and by these presents DOES GIVE AND GRANT, unto the amid Charles A. Teeklenbure tba Tract of land above described; TO HAVE AND TO HOLD the sane, together with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, unto the said Charles ■.'Tecklenburg and to hie heirs and assigns forever; subject to any vested and ac- crued eater rights for mining, agricultural, manufacturing, or other purpoaes, and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and ackno4ledged by the local customs, lave, and decisions of courts. But excepting, nevertheless, and reserving unto the United States, rights of way over, across, and through said lands for canals and ditches constructed by its authority, all in the ,canner prescribed and directed bgg the Act of Gongresa approved August 30, 1890 (36 Stat., 391). And there is also reserved to the United States a right of way for the construct- ion of railroads, tele3rapb and telephone lines in accordance with the Act of March 13. 1914 (38 Stat., 305). IN TEST P10TT 9fMEOF, I, Woodrow Wilson President of the United Status of America, have caused these letters to be bade Patent, and tha seal of the General Land Office to be hereunto affixed. GIVEN under my hand, at the City of Washington, the TWELFTH day of APRIL in the year of our Lord one thousand nine hundred and EIGHTEEN and of the independence of the United States the one hundred and FORTY-SECOND. By the President:_ Woodrow tileon U.S. GENERAL LAND) By li._P._LeRoy__, Secretary. OFFICE SEAL) L. Q. C. Lamar Recorder of the General Land Office. RECORDED: Patent Number 635007 The above instrument was filed for record at 30 ninutee past 1 P.Y., July 15, 1918; at the request of Chao. A. Tecklenburg. k it District Record . 72 _ rt qa_.. �tw •_K���syr: .apy+i;P =:ra Y z: ��• Ft --:s_ t_..,; c= a:t ai;e of an :i.a in �`a{_ '_1) is :Gnai.1- Ti a=: z -ad -'`1-■ '�:.:�: Tom' - •~� _ �,�� =i..... :E $=, •_:_i , += ____5 cr.: saa:�a . ,_a:a-.nz a. _n.xi_ .. _'• �`.—_ _.r»_v.:�: r�$a ,i.ii...�:.. ::3 .. _-_.3 �+ �= �L1::K 'zeal-twa ze •7'-`.. a�1.•�a_ �" `.� ax'.__ 3. �Sw•w. .H 73 2 " luau"ii2iniiinu8iiiiooium�mu SEWARD PLANNING & ZONING CONIMISSION COISMITIONAL USE PERMIT NO.2022-004 ISSUED 7'0: Saltwater Safari Properties, LLC PO Box 1689 Seward, Alaska 99664 EFFECTIVE DATE: Juno 17, 2022 LOCATION / USE: Construct a 9-Plex Studio Apartment and Crew Iioosing, on Lots 5 &s 6, Block 14, Original Townsite of Seward Federal Addition, Located at 809 Third Ave; Within an Auto Commercial (AC) Zoning District. 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. Stamped engineered, architectural, alarm, and sprinkler plans must be provided to the Fire and Building Department prior to construction. 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, All parking and maneuverability requirements as determined by the Planning and Zoning Commission shall remain on site for the life of the use. 6. Bear -proof I bird resistant containers shall be provided for all garbage and refuse for the life of the use. 7. Per Seward City Code § 15.10.325(t). 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 exteusion upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 8. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. eRecorded Document 74 Conditional Use Permit 2022-004 Page 2 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 P are met by the applicant, and authorizes the administration to issue a conditional use permit to Sall.Water Safari Properties, LLC to construct a 9-ples studio apartment and crew housing at 809 Third Ave, Original Townsite of Seward federal Addition, Lots 5 & 6, Block 14. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15,10.320: Conditional Use Permits, and authorizes the administration to issue a conditional use permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. Section 4. This resolution shall take effect 10 days following its adoption, PASSED AND APPROVED by the Seward Planning and Zoning Commission this 71l' day of June, 2022. Recorded in Seward Recording District Return to: Community Development City of Seward P O Box 167 Seward AK 996M eRecorded Document THE CITY OF SEWARD, ALASKA �1 R y: ason Bickling Community Development Director 1111111111111111111111111111 2ot2 2022-000583-0 VAR CITY OF SEWARD 410 ADAMS STREET PO BOX 167 SEWARD AK 99664 phone: (907) 224-4050 RECEIPT # 44220 10/10/2022 Received SALTWATER SAFARI CO From P.0 BOX 1689 SEWARD, AK 996641689 Lookup Name Payment Type Check # Amounts 30181 SALTWATER SAFARI CO Check 0010554 Due 75.00 Tendered 75.00 Change Due Description: Replat Fee @ 809 3rd Ave Taxes Payable - Sales 4.90 Zoning Fees 70.10 VAN City of Seward, Alaska Planning & Zoning Commission Meeting Minutes October 11, 2022 Volume 7, Page CALL TO ORDER The October 11, 2022 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Clare Sullivan. OPENING CEREMONY The commission led the pledge of allegiance to the flag. ROLL CALL There were present: Clare Sullivan presiding, and Vanessa Verhey Troy Staggs Comprising a quorum of the Commission; and Nathaniel Charbonneau Brenan Hornseth Sean Ulman Jason Bickling, Community Development Director Courtney Bringhurst, City Planner Brenda Ballou, City Clerk Excused — Monaco Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Carol Griswold, inside city limits, thought the draft Municipal Plan was a vast improvement over the 2014 plan; she hoped the commission consider incorporating some of her suggestions in the next iteration. She believed the Forest Acres Campground should remain a campground and not be sold. 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 August 2, 2022 Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS 77 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes October 11, 2022 Volume 7, Page Proclamations and Awards — None City Administration Report. Community Development Director Jason Bickling stated the department had been busy preparing for tonight's meeting. He announced that on October 17, 2022 the commission would have a joint work session with the Seward Bear Creek Flood Service Area Board (SBCFSAB) at the Seward Community Library. He said the November 1, 2022 P&Z meeting would be rescheduled to November 8, 2022 and would also be held at the Seward Community Library. Other Reports and Announcements — None Presentations — None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2022-019, Recommending Kenai Peninsula Borough Approval Of The Preliminary Replat Of Gateway Subdivision, Amended Tract B; Located At 2109 Unimak Circle; Creating Gateway Subdivision 2022 Lindquist Addition, Lots 14-18, Block 8. Motion to Approve (Charbonneau/Verhey) Approve Resolution 2022-019 City Planner Courtney Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Thomas Lindquist, outside the city, supported this resolution. Carol Griswold, inside city limits, requested the parcel widths and frontages in the resolution be corrected to say 60 feet. No one else appeared and the public hearing was closed. Motion to Amend (Charbonneau/Verhey) Motion to Amend Passed Main Motion Passed Amend Resolution 2022-019 in the 5tb Whereas by striking the words "30'-60' and" and "respectively" so that it reads, "...the parcels widths and frontages meet the required minimum of 60'." Unanimous Unanimous 78 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes October 11, 2022 Volume 7, Page Resolution 2022-020, Granting A Conditional Use Permit To Zimmerman Investments LLC To Construct A Tri-Plex On Lot 42, Block 2, Gateway Subdivision Addition No. 1; Located At 2007 Dunham Drive; Within A Multi -Family (R3) Zoning District. Motion to Approve (Charbonneau/Staggs) Approve Resolution 2022-020 Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion to Amend (Charbonneau/Verhey) Motion to Amend Passed Motion Passed Amend Resolution 2022-020 to require a three -wall structure with a roof to house the bear -proof trash receptacles rather than a dumpster. Unanimous Unanimous Resolution 2022-021, 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, Tracts A And B. Motion to Approve (Charbonneau/Verhey) Approve Resolution 2022-021 Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside the city, said the preliminary plat needed to be corrected because it contained conflicting flood information wherein there were references indicating the property was not in a flood zone and other references indicating it was in a flood zone. As well, there were adjacent properties that had not included in the plat but which should be represented for accuracy. Griswold said the documentation was incomplete in other areas, as well. Peggy Ventura, outside the city, had recently watched a documentary that gave her an appreciation about how important parks were to communities. She asked that this property be retained as a park so that visitors and locals alike could enjoy it year round. She said there were other places in town to develop housing, and if this area was destroyed it would never be regained. Ventura shared moments of observing wildlife and nature in this area. 79 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes October 11, 2022 Volume 7, Page Dave Hale, outside the city, represented R&M Consultants. He said replatting the property would not change the current use of the property; instead, the replat would allow the city to rezone the bike park as a park, which was what the community wanted. No one else appeared and the public hearing was closed. Staggs believed that retaining the property in its current form without replatting it would protect it the best. Unless there was the intention to develop this portion, he didn't see the point of replatting this property. He wished to keep the properties together and rezone them to park. Charbonneau believed the bike park needed to be zoned as a park, and he thought the bike park portion needed to be separated from the campground property. He thought it made sense to separate the property into two parcels. Motion Passed Yes: Verhey, Hornseth, Ulman, Charbonneau, Sullivan No: Staggs Resolution 2022-022, Recommending City Council Approval Of The Land Use Amendment To Rezone Proposed Tract B, Hemlock Subdivision; From An Institutional (INS) Zoning District To Park (P) Zoning District. Motion to Approve (Verhey/Charbonneau) Approve Resolution 2022-022 Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. The commission suspended the rules to speak with Dave Hale from R&M Consultants. Sullivan wished to clarify the impact of this resolution and the previous resolution. R&M Consultant Dave Hale stated if this resolution was approved, it would rezone the southern tract, the bike park, to park; the northern tract, the campground, would remain institutional. The commission went back on the rules. Motion Passed Unanimous Resolution 2022-0239 Recommending City Council Amend Portions Of Seward City Code; 15.10.140(B)(49) Definitions, Lodging; 15.10.226(B) Land Uses Allowed, Modifying And Including Additional Regulations Relating To Lodging, Short -Term Rentals; And 15.10.226 Land Uses Allowed Table. 80 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes October 11, 2022 Volume 7, Page Motion to Approve (Charbonneau/Staggs) Approve Resolution 2022-023 Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Bringhurst called attention to the laydown provided which provided an alternate draft ordinance than what was included in the packet. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside the city, supported the substitute ordinance, but requested that the definition for "Bed and Breakfast" be deleted because it was redundant to short term rental, that the commission modify the definition of "Short Term Rental", and that the Life Safety requirements be updated to align with Fire Department recommendations. In addition, she requested that the number of bedrooms be limited to three rather than five in principally residential zones. No one else appeared and the public hearing was closed. Motion to Amend (Charbonneau/Staggs) Motion to Amend Passed Motion to Amend (Charbonneau/Staggs) Main Motion Passed UNFINISHED BUSINESS — None NEW BUSINESS Resolutions Amend Resolution 2022-023 by adopting the substitute ordinance provided as a laydown. Unanimous Amend Resolution 2022-023 under SCC 15.10.226 (b) (6) by striking "five" and replacing it with "three". Unanimous Resolution 2022-015, Recommending City Council Adoption Of The Municipal Lands Inventory And Management Plan — 2022 Update. Motion to Approve (Verhey/Charbonneau) Approve Resolution 2022-015 Bickling thanked the public for all their input, and appreciated all the work the commission had done on this document. He commended Planning Technician Selena Soto for the work she did on the mapping. 81 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes October 11, 2022 Volume 7, Page Bringhurst announced that the resolution number would be changed from 2022-015 to 2022-024 because the original resolution number was assigned some time ago when the resolution was expected to go before the commission; however, due to unforeseen delays, the resolution was coming tonight for the first time so Bringhurst wished to align the number to bring it current. Sullivan stated this was a living document. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS Reminder: October 17, 2022 joint work session with the Seward Bear Creek Flood Service Area Board at 6: 00 p.m. at the Seward Community Library. Reminder: November 1, 2022 regular meeting at 7: 00 p.m. Bickling stated the November 1, 2022 meeting was rescheduled to November 8, 2022 and would be held at the Seward Community Library. CITIZEN COMMENTS Carol Griswold, inside the city, suggested the commission reconsider the Resolution 2022-021 for the bike park because the preliminary plat was simply not accurate. She also wished the definitions would be cleaned up in the lodging section of city code. Griswold appreciated the amendments to reduce the number of bedrooms from five to three. She suggested the language for a new owner being eligible to apply for a permit was currently misleading because it suggested the new owner was automatically eligible, not just eligible to apply. Tim McDonald, inside the city, asked the commission to consider the boundaries of the city; his property straddled inside and outside city limits. He asked the commission to consider taking a position on annexing land outside city limits; he believed annexation would ultimately prove to be more beneficial to the annexed citizens. McDonald said the city was currently pressing him hard on various issues related to his property, he didn't think it was fair, and he believed there might be more people in that boat than just himself. He also thought that residents outside city limits should have a chance to cast their vote for city issues. He thought there was not enough land to develop housing inside the city. COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Charbonneau thanked the Community Development Department for all their work. He thought they did a wonderful job. Sullivan echoed those sentiments and thanked the staff for all their hard work. 82 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes October 11, 2022 Volume 7, Page ADJOURNMENT The meeting was adjourned at 8:05 p.m. Brenda Ballou, MMC City Clerk (City Seal) Clare Sullivan Chair 83 Proposed Title 15 Code Revision Topics • Hotel Parking Requirements — reduce # of spots per room (help reduce unused land leases) • Bunkhouse / Dormitory (OR/AC) — identical form use, consistency of uses • Lot Coverage / Use multifamily +1200 ft • Maximum Height on Structures — look at different heights for different zones / areas • Antenna Definitions / Uses • Clean up Definitions • Accessory Dwelling Unit — clean up dwelling units, introduce accessory dwelling unit • Tiny Home Definition — create definition, not allowed • Construction Campground not defined • Specific Long -Term Rental Language — long term rentals allowed in all zones? • Frontages for cul-de-sacs (not 60') • Signs —temporary signs • Industrial Worker Housing • Fisheries Housing Self Attestation 84