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HomeMy WebLinkAbout03072023 Planning & Zoning Meeting PacketPlanning & Zoning Commission Agenda Packet Regular Meeting Tuesday, March 7, 2023 Council Chambers, City Hall 7: 00 p. m. The City of Seward, Alaska SEWARD PLANNING AND ZONING COMMISSION ib" REGULAR MEETING AGENDA March 7, 2023 7:00 p.m. Council Chambers Clare Sullivan Chair Term February, 2024 Vanessa Verhey Vice Chair Term February, 2026 Nathaniel Charbonneau Commissioner Term February, 2024 Sean Ulman Commissioner Term February, 2025 Brenan Hornseth Commissioner Term February, 2025 Troy Staggs Commissioner Term February, 2025 Victoria Monaco Commissioner Term February, 2026 Janette Bower City Manager Jason Bickling Community Development Director Courtney Bringhurst City Planner Selena Soto Planning Assistant Brenda Ballou City Clerk City of Seward, Alaska March 7, 2023 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 ............................Page 5 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.] Planning & Zoning Meeting Agenda `a 7. PUBLIC HEARINGS [Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.] A. Resolutions Resolution 2023-006, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Replat of Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), Unsubdivided Remainder of Block 6, Physical Location 110 Olga Street, Creating Two Lots; Lots 4 & 5, Block 6, Fourth of July Creek Subdivision SMIC, Duchess Replat ......................................................Page 7 2. Resolution 2023-007, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending the City Council Update the Municipal Lands Inventory and Management Plan to Include Recommendations to Increase Day Use Parking at the Spring Creek Campground, Request an Easement to Maintain Beach Access to the North of the Campground, and Plat the Area into one Parcel and Rezone toPark........................................................................................Page 32 3. Resolution 2023-008, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending the City Council Update the Municipal Lands Inventory and Management Plan to Include Recommendations to Improve and Designate Parking and Access at the Fourth of July Beach and Plat the Area into one Parcel and Rezone to Park.................................................................Page 37 8. UNFINISHED BUSINESS A. Resolutions - None 9. NEW BUSINESS A. Resolutions - None B. Other New Business Items 1. Nominate and elect a Chair................................................................Page 43 2. Nominate and elect a Vice Chair .........................................................Page 43 *3. Approval of February 7th, 2023 Planning and Zoning Commission Meeting minutes... ...................................................................................................Page 44 4. Discuss topic for April 18th work session. a) Comprehensive Plan updates b) Awnings (Code Language) City of Seward, Alaska Planning & Zoning Meeting Agenda March 7, 2023 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. Reminder: Monday, March 20, 2023 Planning and Zoning Joint Work Session with the Seward Bear Creek Flood Board at 6: 00pm in the Seward Community Library. B. Reminder: Tuesday, April 4, 2023 regular meeting at 7: 00 pm in the Council Chambers, City Hall. 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 March 7, 2023 Planning & Zoning Meeting Agenda 4 Seward Short Term Rental Compliance General Process The STR Compliance process is cyclical / seasonal to a great degree as a large majority of them are only in operation from mid -May to mid -September. Year-round business applications are due by January 31 st without paying an extra fee so that is when a majority of year-round permit applications begin to come through. Seasonal permits are due by May 31 st and so that is when another wave comes in. It takes a little while for each permit to get processed to make sure each requirement is met (local, state business license, bed tax, registration, parking plan, etc.), and life/safety inspections can be scheduled and completed. Hamari is the business that we contract with for compliance help. They have a software that scans the internet and identifies STR listings on all kinds of different sites, the most popular being VRBO and Airbnb. It creates a database of each of those identified listings. (Note: Hamari was recently purchased by Avenu Insights and will be renamed Avenu STR in the coming year.) Once we get a majority of the applications processed and permitted, a data file is sent to Hamari with the information for each permitted short-term rental. The software then works and finds the contrasted STRs of what is registered in our area and what is not. We can log into the software at any time and see in real time all kinds of information on each rental, including dates that are currently booked, screen shots of their listings, etc. We then use that information to investigate further and address the compliance issues that were revealed. Compliance Definitions: We have two definitions or types of compliance when it comes to short term rentals: Type 1 Compliance — when a person or entity has their City and State Business License, insurance, short term rental permit, bed tax registration, life safety inspection and other requirements to operate legally. Type 2 Compliance — when a person or entity is using their property according to what is allowed by code. True Compliance means that they meet both requirements. We've had STRs non- compliant in one way and not the other and sometimes both. M Compliance Process We have a set of processes that are generally followed in any type of compliance — STR or otherwise. We want owners/operators to be informed of their compliance violation and be able to take action to make amendments to come into compliance, if they can. We start out by sending them a letter to inform them of their non-compliance and steps they need to take to come into compliance. These are sent by certified mail (receipt required), so we know that they do in fact receive it. If they don't respond to the first letter, we send another letter, referencing the first letter. If we don't get a response at that time, we work with the attorney and have the attorney start making contact and take possible legal action if necessary. Legal action depends on the situation, but it could involve things like fines, suspension of the ability to operate, property liens, etc. Compliance is a very time consuming and often costly process for the city. We are not only doing compliance for STRs but also code violations. Some compliance issues require significant time of investigation/evidence gathering. Known code violations still require a significant burden of proof on the city's part to pursue. We can't tackle all of them at once (because we have a lot of other work to do) so we do prioritize them. Simple situations, basic black and white violations, are the ones that we address first especially when it comes to life safety or putting the city at risk. Compliance Status Contrary to what some people say, the city has had a high level of compliance within the Short -Term Rental Industry. Seward (inside City limits) has had roughly 115-125 STRs (separate individual rental units) each year over the past number of years. In 2022, we addressed 6 non-compliance issues — those businesses either came into compliance or ceased operation. Currently, we are dealing with two compliance issues at a fairly high level (attorney) one that is both Type 1 and Type 2 and the other is a Type 2. y Planning and Zoning Agenda Statement Meeting Date: March 7, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2023-006: Recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Replat of Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), Unsubdivided Remainder of Block 6, Physical Location 110 Olga Street, Creating Two Lots, Lots 4 & 5, Block 6, Fourth of July Creek Subdivision SMIC, Duchess 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 City of Seward per the request of Duchess LLC. This platting action creates two new parcels, Lot 4 & 5, Block 6, Fourth of July Creek Subdivision SMIC, Duchess Replat, by subdividing Fourth of July Creek Subdivision, SMIC, Unsubdivided Remainder of Block 6, also known as 110 Olga Street Seward, Alaska in the Seward Marine Industrial Center. Duchess LLC requested this platting action to establish a parcel, Lot 5, which they would lease for boat storage from the City of Seward. Roads and electric are currently accessible to the proposed parcels, and sewer is available on the north end where the proposed parcel for lease is located. However, water is not available. International Fire Code requires a fire hydrant to be installed if a building is constructed within a distance greater than 500 feet from an existing fire hydrant. The applicant and future lessee have been informed of this requirement. The City has plans to extend the water and sewer lines to all of the parcels in SMIC that do not currently have access, as development and use demands. According to Seward City Code 16.01.015, property owners within 300 feet of the requested platting action were notified, and the property was posted with public notice signage. In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. Subdivision Review: Zoning"- The property is zoned Industrial (I). Size: Lot 4 is 4.081 acres and Lot 5 is 2 acres Utilities: These Lots currently have access to City roads and electric. Lot 5 has access to sewer. The sewer will be extended to Lot 4 as development demands. Water lines and a fire hydrant will be required if a building is ever built on either parcel. Existino Use: These lots are currently vacant. n Access" Lot 4 and 5 are both accessed from Olga Street. Access could be developed from Morris Street or Delphin Street, but is not currently established. F/oodZone: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 Vol Ch2.2.11 -The Comprehensive Plan encourages completing the Plan: 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 A fire hydrant will need to be installed if a building is constructed on either parcel. 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 2023-006, recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Replat of Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), Unsubdivided Remainder of Block 6, Physical Location 110 Olga Street, Creating Two Lots, Lots 4 & 5, Block 6, Fourth of July Creek Subdivision SMIC, Duchess Replat Sponsored by: Applicant Public Hearing: March 7, 2023 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2023-006 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPLAT OF FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER (SMIC), UNSUBDIVIDED REMAINDER OF BLOCK 6, PHYSICAL LOCATION 110 OLGA STREET, CREATING TWO LOTS; LOTS 4 & 5, BLOCK 6, FOURTH OF JULY CREEK SUBDIVISION SMIC, DUCHESS REPLAT WHEREAS, the City of Seward, per the request of Duchess LLC, 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 two new parcels, Lots 4 & 5, Block 6 on the property known as 110 Olga Street; and WHEREAS, Duchess LLC is interested in leasing proposed Lot 5 from the City of Seward to store boats; and WHEREAS, the parcels are zoned Industrial (I); and WHEREAS, the parcels currently have access to municipal road, electric, and sewer on the north end, but not water; and WHEREAS, International Fire Code requires a fire hydrant to be installed if a building is constructed within a distance greater than 500 feet from an existing fire hydrant; and WHEREAS, Lot 5 is the only parcel that will be currently leased, and Duchess LLC has been informed of these requirements; and WHEREAS, the City of Seward has plans to extend the water and sewer lines to these parcels and install fire hydrants as development demands; 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. 10 Seward Planning and Zoning Commission Resolution No. 2023-006 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission hereby recommends that, in accordance with Seward City Code Section 16.01.015 (B), the City Council and Kenai Peninsula Borough approve the submittal of the Replat of Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), Unsubdivided Remainder of Block 6, Creating Two Lots, Lots 4 & 5, Block 6, Fourth of July Creek Subdivision SMIC, Duchess Replat. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of March, 2023. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair is Community Development/ Planning & Zoning 410 Adams St, Seward, Alaska 99664 0(907) 224-4048 • (907) 224-4020 or email: planning@cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM ©✓ PRELIMINARY PLAT ❑ REVISED PRELIMINARY PLAT (no fee required) 11 PHASED PRELIMINARY PLAT[] PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed. !Fourth of ). Creek Subdivision, Seward Marine Industrial Center Duchess Replat PROPERTY INFORMATION: legal description Remainder of Block 6, Fourth of July Creek Sub, SMIC, Add #1 Section, Township, Range Section 18, Township 1 South, Range 1 East General area description East of Olga Street Souith of Morris Avenue SMIC City Seward I Total Acreage 6.082 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: ken(alangsurvey.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER❑on siteZ City WATERDon site FV1City SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planning and Zoning meeting after a complete application has been received. ❑✓ Electronic file of Plat and Q✓ Preliminary plat NON-REFUNDABLE submittal fee $7S.00- QCertificate to plat for ALL parcels included in the subdivision Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) ❑ Public Notice Sign(s) Posted on property - City staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 1. 2. 3. APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individual(s) signing. Contact KPB staff for clarification if needed. OWNER(s) Name (printedl: Janette Bower Signatur . *a(,' Phone: 907 224-4012 e-mail: Name (printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED Receipt # ilK 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 confusion; J b. Legal description, location, dale, and total area in acres of the proposed subdivision; and / J 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 natural and manmade features, such as shorelines or streams; 5. All parcels of land including those intended for private ownership and (hose to be dedicated for public use or reserved in the deeds for the use of all properly owners in the proposed subdivision, 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; 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 J study which identifies a floodplain, if applicable; 9. Approximate locations of areas subject to tidal inundation and the mean high water line; -and / v 10, Block numbering approximate dimensions and total numbers of proposed lots; / J 11. The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto J 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 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: f bof-lkk C,= Ctvb-atL -y tC:- VJC� 1 Gri y , � pate ( I -"U 13 `� 1�:twr- • r-. - �-w ,_, � saw r���` �. 4 2 , ? k a^ n, K,#�.... OF 65 Subdivide the Unsubdivided remainder 110 Olga Street of Block 6, Fourth of July Creek Subdivision SMIC =-_ Drawn By. Selena Soto Due to different data sources property lines and aerial imagery do not N o 100 200 400 Feet overlay correctly. Map is to be used for orientation and reference purposes only. Map ping Assistance by Alaska Map Company, LLC 14 Lang & ASSOCIatf'S Inc. Registered Professional Land Surveyors 11500 Daryl Avenue Anchorage, Alaska 99515-3049 (907) 522-6476 January 27, 2023 SENVARD PLANNING COMMISSION PLAT SUBMITTAL FOURTH OF JULY CREEK SUBDIVISION SEWNVARD MARINE INDUSTRIAL CENTER DUCHESS REPLAT This is a request to subdivide the remainder of Block 6 into 2 additional lots. The new lots exceed the minimum required lot area for the industrial zone. The plat does not dedicate any additional right-of-way. Please schedule this plat for consideration at the March meeting of the Seward Planning and Zoning Commission. Sincerely, Kenneth . ai L.S. Petitioners Representative W pPEUM1NA0 PREUM)NPRY I �1 ♦ I I I mt 3A BLOCK 4 BLOCK 5 II __7� I ——MORRISS AVENUE — — — — — N,Ix� — —3.,. _— I I I I I IIII I, I I I I Y I PROPOSED jL l 5 B Iil li II I i a IIII IN w III I I I a I F1 ICII As 9PC�919 mILP. �6EHEx,s n= I 13L l PROaPOSED Lot o 91 Axs III R9PosE9 a or. cE fuc Exr I lay 4A-f I I III P nro .srn a unun ErsEu I 'I I r a UnLwittEErsEw: OSE � I � glom B OC—LPr s jI r PREl1M1NpRY La1 3 �le, 1 RREL(M(NPR� CERTIFICATE OF OWNERSHIP AND DEDICATION I (..), h•robr p.m3y Hn I (..) RI, th. p..., or rn. roP1 Property and d. c .d heroon and I- I h.reby R 0 fhb pl auBdNMlnn pn ua ay I... p ; d.fP T N.I1 I d9 - - p Ilc orwe p Ilc • d 9ron1 n11 p, me fh. pe. shown. Owner JANIETTE OE SEWARD CITY MANAGER CITY P.D. BOX 1" SEWARD, AIASKA 99664 Notary Acknowledgement ,nr s�m.rlb.d ..d .wem M befnro me this day — Notary Publlo for M• StGN, of Ala.k9 My Commi.•lon EKPir., PLATS T) FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER (Plat No. 97-27), CREATING Lot 1, BLOCK 6 AND THE UNSUBDIVIDED REMAINDER OF BLOCK 6. 2) FOURTH OF JULY CREEK SUBDIVISION. SEWARD MARINE INDUSTRIAL CENTER, ADETUGH NUMBER ONE (Plat No. 2001-2). CREATING Lot, 2 e 3, BLOCK 6 AND THE UNSUBDIVIDED REMAINDER OF BLOCK 6. 3) THE SEWER MAIN IS A PRESSURDIED AND NOT AVAILABLE FOR USE. = 1 Mile T e IX 9 (sw 11 u PLAT � Sewrm cm owls � PLAT ..._....._......_.._.. SURVEYOR'S CERTIFICATE WASTEWATER DISPOSAL e—, c f — I om mWrIY repieierotl ana Iice..ea M Prpallne Ip.d �.Nthi Al-kc. Th by A pits for vast. ..r disposal, 1- m 1 r,Ru ry rpulrommlz oro o. fib o1 E OF Cqs the Deparime.f EnNronmenrpl <onaarvpflon.aa yi.9 .Slafe o1 pIaf npnsenM a survey mna. me dermy dropervnIN. nI— Fro aUy of �V � yf- e1.faa d.Ons,ddr adryrm,erftl. *II normsr Or A..ka 1 49TN "" PLA P APPROVALKe.a1 o p e Pe.i.eula Bo 9 I...1.9 Commwe of fhe ®. FOURTH OF JULY CREEK SUBDIVISION SEWARD MARINE INDUSTRIAL CENTER DUCHESS 6011LAT SEW,ARRD^RECORDING--- EECC,O_R DI NGroDISTRICT Lang & Assoc ta) s, Inc. P ro>eesienel®��urveyol)s Owner roMumke• OF S .0. 167 wine Diu • wm PO BOX 6y 99ss. D. ausKa 1 .I�nm� �wurmroy� 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 Fourth of July Creek Subdivision SMIC, Unsubdivided Remainder of Block 6; physical address 110 Olga Street, the owners of which have petitioned for a Public Hearing to Subdivide the Unsubdivided remainder of Block 6; Creating Lots 4 &_5, Fourth of July Creek Subdivision, SMIC, Duchess Replat The notice was posted on� jt�� , which is 1g 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 ilv� day of ,v , 2023. Signature 17 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE upon oath deposes and states. That she is employed in the Community Development Office of the City of Seward, Alaska; and that on T�-bL"<,Lv'4 � w she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Fourth of July Creek Subdivision SMIC, Unsubdivided Remainder of Block 6; Located at 110 Olga Street as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this R o day of (-A) 2023. 18 CITY OF SEWARD RECEIPT # 45919 410 ADAMS STREET 1/31/2023 • , PO BOX 167 SEWARD AK 99664 Received phone: (907) 224-4050 From Lookup Name Payment Tyne Check # Amounts 11122 COMMUNITY DEVELOPMENT Check 0010707 Due 75.00 Tendered 75.00 Description: Change Due REPLAT FEE FOR BLOCK 5, SMIC Taxes Payable - Sales 4.91 Zoning Fees 70.09 iR Stewart Title of the Kenai Peninsufa, Inc. 35096 Kenai Spur Hwy. Soldotna, AK 99669 Tel: (907) 260-8031 Fax: (907) 260-8036 CERTIFICATE TO PLAT Lang & Associates, Inc. 11500 Daryl Ave. Anchorage, AK 99515 Attention: Ken Lang Gentlemen: This is a certificate as of January 13, 2023 at 8:00 A.M. for a plat out of the following property: File Number: 22662 Premium: $250.00 Tax: Unsubdivided Remainder of Block 6, FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER ADDITION NUMBER ONE, according to Plat No. 2001-2, Seward Recording District, Third Judicial District, State of Alaska. The Company certifies that record title is vested in City of Seward an estate in fee simple, free from all liens, encumbrances, and objections except for as follows: RESERVATIONS and exceptions as contained in U.S. Patent, and/or acts authorizing the issuance thereof, and Notice recorded May 26, 1993 in Book 68 at page 160. 2. RESERVATIONS AND EXCEPTIONS as contained in State of Alaska Patent, and/or in acts authorizing the issuance thereof. Said patent, among other things, reserves all oil, gas and other minerals together with the privileges, mining and drilling rights and immunities. FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 3. TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 4. EASEMENTS, SET -BACKS AND DEDICATIONS as delineated on Plat No. 97-27. 5. EFFECT of the notes on said Plat No. 97-27. 6. EASEMENTS, SET -BACKS AND DEDICATIONS as delineated on Plat No. 2001-2. 7. EFFECT of the notes on said Plat No. 2001-2. 8. UNRECORDED Leases, subleases and or rental agreements, including the terms and provisions therein. Stewart Title of the Kenai Peninsula, Inc. By Aulfnxije uuItw(s4gtt;uurt Terri Cotterell Authorized Signator NOTE: We will update this certificate to comply with Kenai Peninsula Borough Ordinance 90-38 upon notification Certificate to Plat KB1 File No.: 22662 Poi] Of ..-� �s ate No. 5214 XWtA AU Agn liQ 4 at Ortatute tttat the Stale of AWka, in romderation of the sum o! Al IF -' Dul of the Uuited «'-_ -"OLLNR$ lawf- maocy Statet, and other Qood and raluab)t considnaliotu, now paid, the rnti,pi whtttof is brreby ackaow*lged. does lterrby pant to its ssors 'n''t° aastana, all that real prop—y 440W in the 80"Nsh of Kerta i Pen i nsu i a Scan of ALnka, and 4txnbed a toi6*v. U. S. SURVEY r10. 482$ ALASKA CONTAINING 369.88 ACRES. ACCORDING TO THE SURVEY FLAT Of U. S. SURVEY NO. 4828, ALASKA AND DEPENDENT RESURVEY OF A PORTION OF y. S. SURVEY NOS. 1651 ANO 3294, ACCEPTED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAMD ►ANAGEMENT IN W SHINGTON, D.C., ON NAY 25, 7977. U. S. SURVEY NO. 4827 ALASKA CONTAINING 83.99 ACRES, ACCORDING TO U. S. SURVEY NO. 4827, ALASKA, ACCEPTED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU Or LAND NAMAGEPANT IN UASHINGTON, D.C., ON MAY 10, 1%7. CONTAINING AN AGGREGATE OF 473.87 ACRES, !SORE OR LESS. Subject to valid existing trails, roads and easements. Subject to the reservation of a 50 foot wide lineal Perpetual public easement along the mean high water mark of Resurrection gay, the ordinary high water mark of fourth of July Creek and unnamed streans as portrayed on the official survey plats of U. S. Survey No. 4828, Alaska and Dependent Resurvey of a portion of U. S. Survey Nos. 1651 and 3294, accepted by the United States Department of the Interior, Bureau of Land Management in Washington. D.C., on May 25. 1977; 21 w U. S. Survey No. 4827, Alaska, accepted by the United -States Department of the interior, Bureau of Land Management in Washington, O.C., on May 10, 1967 and further subject to the reservation of a 50 foot wide perpetual public access easement to the aforementioned lineal public easement along the above bodies of water. Such public access easements shall be iuentif"Eed „y the Granter and shall be subject to toe covenant that no development or conveyance shall occur an the land Conveyed by this patent until the Grantee has platted Such easements and formally notified the Grantor of the tOcation of Such public access easements. Net Chargeable acreage under A.S. 29.18-M is 470.00 acres. � "iFOR-.INC D , i ,r is iE :i i1 t s 1 CAST. .►feara tiar�lw r ue afM1cd wnay Aew�1 �Itt w.q'wcsaks aq.ria V rdwrA r.rr a aWr e.w.q.fa. h w a.rw+raerr u� 33rtil u. All- r nlrww, t>r. _awry .R. __M• naw+�a aw .t tfr u+en bwati �+r. iwre tirrif, to lull+, ra+.m, w awipa I— r otk aka. w.4 W14 rrw.le, d„, O" --A* Puhwwt rtawwaae. rf fiw1Y ra rauy —A. W a wd ..Id +4 b. um ta.r+p.a awalrr�0. r aq Pat urref, wd tiwetyf r � kdiMd tWw and I +r bal! �4 Ores H n.wwa w, of � F.. bwWq a+h,1wi�"'.�R Sri W-k F+rrN♦, r.wj.1' �ww.l �..wwwMl rirw+win ww wLLta.�rip/wew lest 3NW, .e a.+,.,�ynerer fr Wpewpw,~".� •tk 6W rrM ewaitwy awI nwk W r tip 4i hrawM..*".r O.s P( dW'* a * 00% u.l aw, film anw w wrr%i, P�awwi % bm eilrwwati aan.w.wa "WOW do==iw iwwf awaf" madmwa.Mlf.f. ►rrn, sosrsti aft rfryMrw awwwp P awwe. awdre4 �R ar Rail a.ti uiPa ��' � ,.,raa6 am* aaol r = ari .rq..�+.yw iwi.ea, W r aaa. r W fiwFr w rfr iM tMrf 4�NwrIR�7. �d•�•• ao+wiww,.r w+`4 k rs�y w awrwl� iw rewi V4ib awMl mart ww'" a bow. W Y R[+rs W >• ama w "Ib" /west Y. ofd ok- t sty wFRwll. i w �wwawai?0 �7 4 R,w..wlew w 4tiAd f a i t�cFiwi aW7rr+ .1 V. J.aMy so elm A4 go its am Ad hot f.Pdw ." +r a..rsW, Mnllow.w..r wr,.r� ftrftww -"--PAW w a" a" QWW aN Its i1�.iyr wy RNF. of~. J1 4"URLM 11114mad aw %ft o pat is r W Mwel by a- O now of %k tx.;ree of r.dror A-4-m Dw.eaeww r fa�Y A. MWON, Saw fAN" onrear Otr.n.r, t1Arr as Taaficd iwNe.a *M tf Amos a �lN lYrwip 40J6 as a'*Y dmo%Oe,.220d -- .�rwwl atfrw 4 D1www a T1wrr kum"U. alw of AI.4% w by ww+ w4 yes rwn wb r t+w r = ate ur r^` - -af �r01•liYw of Tf�d.�i,..l,� r at ew-r + On+a ad.ta �4 w am W& .sue. �wria,wrr h b -A f V= +w 7 wife it r0 br :nr ttaard of lr-b _I. - j ' 's 0_J. Yr AM It., 201288 -.1 22 L United States Department of the Bt EAV OF LAhD MANAGFMEN ALASKA S1'A-M OFMCE W W. 70 Avaw.:, 813 A'CHOttAGLALASKA9 HOS99 CERTIFIED MAIL, RETURN RECElpr REQUES rW K''''• 0,VAGsE_ I Interior ��w w A-Or�3(2627) (964) bak MAY ] ) 1993 NQ LCl3 State of Alaska A 0fiG973 Department of Natural Resources Division of Land 'ride and Contracts Section 3601 C Street, Suite 960 State Selection Anchorage, Alaska 995o3 le Water Pj�to Sec 101 of the Submerged lands Art Amendment of August 16, 1988, 1 2, �ca. Se -3M' 43 U.S,C. 1631, the recalculation of meanderable waters for T. 1 S., R. 1 7 36, Seward Meridian, Alaska, was completed and an amended P'A of �¢7 was $led on January 21, 1992. The records show that patent 5" 1.0141, recorded in the Seward Recording Distric* ]Soak 23, Pepe 765, was grantee) to the State on duly 13, I981 for all of the lands in In Trot ti of this Townshwas 17,33 The acreage charged against the General Purposes Gysat entitlement was 17,333.So acres. As a result of the recalculation, there wery 51.23 acres of memWerable water identified for Fourth of July Creek an the attached amended plat of survey, as per 8er. 101 of the Submerged Lands Act Amendment of August 16, 1988, P.L. 100.395, 43 U.S_C. 1631, however, the amended plat also identified 3.08 fewer aces in Resurrection Bay which has been deducted Gom the mcanderable water acreage 010&L Rdsnt SMI-0141 'will not be corrected; however, the State of Alaska will be credited with 48.16 aaee under the General Purposes Utant entitlement. This acreage shall be Priaritised from other validly selected lands. 8, Knudsen Lead Land Law Examiner Il wrh of Dvyon/XW Adjudication -i 23 L W W a r" rW U) m .t Q W v $ O u W Q g cn T 10o � aCL -- -�- 4G u wo a • u U) � m�9 � � H ao♦ yri 24 r— _. r racE� ao E• O V 4444d Q V O +v o o+•« u0 • _ ��� _ iny •h�•b •b.� o aMnu t � � � u ♦NTTY f O C Y ` ` t i ip • + O P mod• ro G N N O ►` N a„aN O`• [ ern• e: •O �. A s c p ti i M R a V 0 _ m O b — +` O A te e• e� a Yr '1 O O n o+ P P r» c a � : o � � a a • « a o �! v \/J aaN �o • aP nep � o� a� � � is Q OE Cam— COS" � = Pi P4 O + ifro= ucVQY�Yav/ V o �<a c e � o Pigaoo"C+E�Ln0. L +Y '10 4r �a�' r0 :•aa E �� „ rLL�cLa - _i PR e- - L `V r- V p C _0 r Y p • t w gesepCp -M• 9a12 o e a u�+ • �; t Z Wp } 04 r •bel rr �i fn r•$F�i o i v b S• X K e n v !`� tj • e�!`o4� ��a �•a � a • + C h u za ��,,• `o • Y e J o� � O tl t T va o .. e• 0. v y' a a° o u • � 4 Ll• .3L 7 a p�• p h m e o- r e n- O �G v d •} b O •QQ"°i«��� ti a °�- v� be O f V -41Alp Lr 7 t o =t.,. ci = ° as V H p ° A • p 04 E/14VCW L pa • PAGE L'::rtt 27 SEWARD RBCOR.GINC UISfR(CT GRAN IL- UNTrM STATES RETURN To 811RfiAU OF LAN[) MANIACDr1ENT STATE Of ALASKA WANCH OF DMON ADfVDICATION QETCOFNATLT ALRMURM n2 �75EV ` 1H AVENUE a [3 DfVLSION OF LAND ANObRACE AK 995L7 MU C��ZiRATIONNI UT 3601 � SLUTE 96p A 93—U55y L-5TRICT AAA N 9 s2 kM 9 5 lEau_z: w,-fi�9 +naREss 28 r Form ]aso-a BOOK 2U PAGE Unix I975r btward ,iktotdin;, District Anchorage 056973 Xbt Mnol b 6tato of Zimtrita, wpsJUAs To an >n toM sbhu prf mw Stan OM,, are, f rm.. State of Alaska is entitled to a Land Patent pursuant to Section 5(b) of the Alaska Statehood Act July of 7, 1958, 72 Stat. 339, a$ amended, for the t"ollowing-described landst U.S. Survey No. 4827, Alaska, situated on the easterly shore of Resurrection Bay. Containing 93.99 acres. U.S. Survey No, 4828, Alaska, situated on the easterly shore of Resurrection bay. o m x, c Containing 389.68 acres, N err o Seward Meridian, Alaska, 6T. 1 R. Tr Tract A. O Containing 17,333.50 acres. fja t�3 5 Aggregating 17,907.37 acres. ' 8 Nolf KNOW YE, that there is, therefore, granted b� the UNITED STATES, unto the above -named claimant the land above - described; TO HAVE KID TO HOLD the said land with all the rights, privileges, immunities, and appurtenances, of whatso- ever nature, thereunto belonging, unto the said claimant, forever) EXCEPT'NG AND RZSERVING TO THE UNITED STATESt 1. A right-of-way thereon for ditches and canals constructed by the authority of the United j States. Act of August 30, 1990, 25 8tat. 391; 43 V.S.C. 945f and j i 2. A right-of-way thereon for the construction of railroads, telegraph, and telephone lines, as prescribed and directed by the Act of lfarch 12, 1914, 38 8tat. 305. In rKSTntONT WHrtl[or, Lbe uademiPed sutbonlad ofhctt of lie !. Bute of Lead Net WAMtttt, to amordace with the prorlalane Of the Act of juet 17, IM (62 Stet 476). boa. in the name of diet ,• ;,;:t U_ r Usltrd States, eaustd these Irlttrs to be as" pet ltnl, rod are , .: -�" Seat Of tfte Bureau to be bettonte 2t8,ad. ,,:• �� �� � 1. t71vta under my -hand. Is ANCHORAGE, ALABRA ,l:t'''" the THIRTEENTH day of JOLY to the ytea of oar Lord EIGHTY-ONiY *`tii �;r:' �'• ` r� net thonsad silt Ausdnd seta sad of In dace of the Usited $"We the two bandmd BY R t E. Sorenson 4r B1 i Chief, Branch of Lands palest Number, and Minerals Operational 4-0 666.604 r " oa vU s+au O C s e 6Y P r LL4 w Z (yP a iL LI r1 3 i=^E S } z 'nn,min"�' iI• I 0 �aCS o 5 e u r" 4w3a P S PON BFY �vp 9a° IF a 72 rn 7r40 C Fowfh of ..illy Creek rrec(r n ati 00.33.46_W 466.02' —T _ DELPHIN STREET (r,50' Public R.O.W) n acvv r mrtsr' q 1017.264 N 00'33'21' W lins f l� a m a I 0 1K • �� L I` Ct: Qr m .o 5 WNW [ 183.62' — — xo II� 11 V �I V I S W Ul to N � Q 1=m m I 1 Iz x 775.43' F, rme.. kJ 1018.48 �m S 00'34,'44' E rRAC r occA STREET n (So' P—r. R.O.W..jIF b C a� why �w E �6^n 8`6D e g IF e2 Q I.4'I ]� a •pV s. l4 I iK V ) Y n QV, i w � � Q :Z) k tf V U�Z m♦ 3 V7 a7 do w K �.Syh�O� QO $' O L.]•�1H 'a Or q ff U s 0 0 4 W N w ` pNg ° t` • c && m N c }E f CYO 3§6 g 1 Of 1; . a i li i I , I . I�I 41 Y Il rs 1 wra.r[ ns sr �i� F e.e 91eet v i ..� I • 8 ' r $ : � $� � � R uss � I lun °.. .pZrrt. Yfce1 CI G •[r'•IIs'• ;Ei a I 1 61ack Bf0O4 ? ���� r; I'°.7 IlO Ir M 1r1 [w fw.v[r [xr•rl [e' ti aw �;- rrq n °7 k'*1 Gwa bwy. I.rrn. � -••-____...�_�--t- --•._-...'---- - ---- ------•-•---- - 1---------`--...----,, • $ I I ry fA] -.- •.! - 1MY.ri .4 M RYA IT - o x -e zeori - Aid""'--- --- ----- wum .•a>[ .rlm s.r ao' m wm 1 HI n' fn ,.[lf •rr oo' Yrm YS W'rf.r. "'1 w[ST.R gtl.f0" b t i1 8 s[� -.r . �, � TraCL A !wr•° .••1 8 .urn'<rt No r.' I d i ' a ' I t I , 1 I r ' I G Y'i• Y ". Y 8'S 1 I � Y, I fl ;' 'ef .efn'IR I.r. ;a .eTi1'.il Yl rr' uSIYr ' w! P a f f CO I wv.w 1 1 1 I I �1 IC ��9 • I 1 4Ai I I 1 w I Q i i �Sr i I a ' 1 I s a LIFT AREA ijis ---_»-_-i i i �i + � a z 1 ,• �C ' I Vi, s, .ar.rwt Alw TtaCt A i E —. Wr S C X 'bra R I O• vrlr. r. .rim st m S , Y t i •+q �4- 11 1 Ij S S.wmf r Z. 17, IN, ••}, tnnl a"P tpp 4 c M•h����a jhj vnwShcvldad s•ve i y� i ��q !� �� o k •i� l_ t $ � n g r 33 o n �9 i i fi sue° icg 2AM f d � j e IA i_ � � ! rr �'� j � v � = t ! � do � •'y Ke. it°�y itIN It IN r 31 Planning and Zoning Agenda Statement Meeting Date: March 7, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2023-007: Recommending the City Council Update the Municipal Lands Inventory and Management Plan to Include Recommendations to Increase Day Use Parking at the Spring Creek Campground, Request an Easement to Maintain Beach Access to the North of the Campground, and Plat the Area into one Parcel and Rezone to Park Background and justification: On January 24, 2023, the Planning and Zoning Commission held a public work session to discuss ways to improve the parking and beach access at the Spring Creek Campground. The Spring Creek Campground area is currently used for overnight parking as well as day use parking. The day use parking is designated closer to the beach and limited in size. The Commission recommended designating additional day use parking adjacent to the current parking to the east, and marking this area with signage. The public and Commission also noted that individuals are trespassing on the beach to the north of the Spring Creek Campground area as it is privately owned. It was recommended that the City work with the property owner to establish a right-of-way easement that would allow the public to legally access that portion of the beach. This easement would create continuous beach access from the Spring Creek Campground area up to the tidelands south of the Seward Airport. Finally, it was noted that the long-term use of the Spring Creek Campground area and beach is intended to be that of a recreational area. As such, it should be protected by platting those areas into one parcel and then rezoning as Park. Intent: To provide recommendations to City Council on various actions that can be taken to improve the parking, establish legal beach access, and protect the future use of the Spring Creek Campground area. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive 3.6.1.1 — "Improve existing and develop additional recreational infrastructure Plan: Identify, protect, and preserve scenic and natural areas for recreational enjoyment 3.6.1.2 • Maintain public access to beaches by continuing City ownership of tidelands and upland access points • Develop an acquisition strategy to identify and secure sufficient and suitable public lands for parks, sports fields, greenbelts, open space, Kea Strategic Plan: N/A Other: trails, trailhead parking and other public facilities, including easements to access these public lands • Ensure that Municipal land acquired for or converted to long-term or permanent -park or recreational uses are officially dedicated as park land Recommendation Community Development Department staff recommends approval of Resolution 2023-007 recommending the City Council update the Municipal Lands Inventory and Management Plan to include recommendations to increase day use parking at the Spring Creek Campground, request an easement to maintain beach access to the north of the campground, and plat the area into one parcel and rezone to Park 33 Sponsored by: Staff Public Hearing: March 7, 2023 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2023-007 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL UPDATE THE MUNICIPAL LANDS INVENTORY AND MANAGEMENT PLAN TO INCLUDE RECOMMENDATIONS TO INCREASE DAY USE PARKING AT THE SPRING CREEK CAMPGROUND, REQUEST AN EASEMENT TO MAINTAIN BEACH ACCESS TO THE NORTH OF THE CAMPGROUND, AND PLAT THE AREA INTO ONE PARCEL AND REZONE TO PARK WHEREAS, the Planning and Zoning Commission held a public work session on January 24, 2023 to discuss ways to improve the parking and access at the Spring Creek Campground; and WHEREAS, the Seward City Code §2.30.225.b states that "the Commission shall act in an advisory capacity to the City Council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the City Council; and WHEREAS, the Spring Creek Campground area is being used for overnight parking as well as day use parking; and WHEREAS, the day use parking area should be expanded and marked with signage; and WHEREAS, the public walks along the beach front to the north of the Spring Creek Campground, which is trespassing on private property; and WHEREAS, the City should request an easement from property owners to the north to increase beach access, connecting the sections of beach that are owned by the City of Seward; and WHEREAS, the intended long-term use of this parcel is as a recreational area; and WHEREAS, the City should plat the Spring Creek Campground and surrounding beach area into one parcel and rezone to Park to preserve it as a public recreation area. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning 34 Seward Planning and Zoning Commission Resolution No. 2023-007 Page 2 of 2 Commission that: Section 1. The City of Seward Planning and Zoning Commission recommends the City Council add the following recommendations to the Municipal Lands Inventory and Management Plan: a) Designate additional day use parking in the Spring Creek Campground with signage b) Request an easement from the property owners to the north of Spring Creek Campground to increase legal beach access for the public c) Plat the Spring Creek Campground area into one parcel and rezone as Park. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of March, 2023. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair W Owner: city of v Owner: Deborah Anderson t�Ly,, :.. Owner: Deborah Anderson .t Create an easement��' for a public ROW Rezone to ParkI Designate as day use parking area a -n i o;a r-� I Plat into one par"cel �'` Raise and level parking area w Plat into a separate parcel for parking Planning and Zoning Agenda Statement Meeting Date: March 7, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2023-008: Recommending the City Council Update the Municipal Lands Inventory and Management Plan to Include Recommendations to Improve and Designate Parking and Access at the Fourth of July Beach and Plat the Area into one Parcel and Rezone to Park Background and justification: On January 24, 2023, the Planning and Zoning Commission held a public work session to discuss ways to improve the parking and accessibility at the Fourth of July Beach. The public and Commissioners voiced their concerns on the accessibility of the current parking area. The lower elevation of this parking area causes it to fill with water at various times of the year, making it difficult or impossible to use. Also, the size of the parking area is insufficient to meet the excessive use the area receives during the summer months. The Commission recommended that gravel and fill be brought in to raise and level the elevation of the parking area with Sorrel Road, and to designate additional parking on the parcel of land to the north of Sorrel Road (see the attached map for reference). It is recommended to designate this additional parking area by creating a separate parcel through platting action. In the meantime, the area can be designated for parking by putting up signage and marking the area with boulders and/or paint. It was also noted at the meeting that the official right-of-way (ROW) to access the Fourth of July Beach, as designated by plat, is Delphin Street. However, this road is not consistently maintained throughout the year. Consequently, visitors to Fourth of July Beach primarily use Olga Street, which is currently platted as a private service road. The Commission recommended that either Olga Street be officially designated as a public ROW, or Delphin Street should be better maintained. Currently, the area within City limits comprising the Fourth of July Beach is made up of various parcels. The Commission recommends platting the Fourth of July Beach area into one parcel and then rezoning it as a Park in order to preserve its use as a recreational area. Intent: To provide recommendations to the City Council on various actions that can be taken to improve the parking, access, and future use of the Fourth of July Beach area. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive 3.6.1.1 — "Improve existing and develop additional recreational infrastructure Plan: Identify, protect, and preserve scenic and natural areas for recreational enjoyment 37 3.6.1.2 Strategic Plan: N/A Other: Maintain public access to beaches by continuing City ownership of tidelands and upland access points Develop an acquisition strategy to identify and secure sufficient and suitable public lands for parks, sports fields, greenbelts, open space, trails, trailhead parking and other public facilities, including easements to access these public lands Ensure that Municipal land acquired for or converted to long-term or permanent -park or recreational uses are officially dedicated as park land Recommendation Community Development Department staff recommends approval of Resolution 2023-008 recommending the City Council update the Municipal Lands Inventory and Management Plan to include recommendations to improve and designate parking and access at the Fourth of July Beach and plat the area into one parcel and rezone to Park 38 Sponsored by: Staff Public Hearing: March 7, 2023 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2023-008 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL UPDATE THE MUNICIPAL LANDS INVENTORY AND MANAGEMENT PLAN TO INCLUDE RECOMMENDATIONS TO IMPROVE AND DESIGNATE PARKING AND ACCESS AT THE FOURTH OF JULY BEACH AND PLAT THE AREA INTO ONE PARCEL AND REZONE TO PARK WHEREAS, the Planning and Zoning Commission held a public work session on January 24, 2023 to discuss ways to improve the parking and access at the Fourth of July Beach; and WHEREAS, the Seward City Code §2.30.225.b states that "the Commission shall act in an advisory capacity to the City Council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the City Council"; and WHEREAS, the existing parking area is at an elevation that often floods and is inaccessible, WHEREAS, the parking area could be made more accessible year-round if fill was brought in to raise and level the elevation of the existing parking area; and WHEREAS, the number of visitors frequenting the beach during the summer months exceeds the space in the existing parking area; and WHEREAS, additional parking could be designated on the northern side of Sorrel Road on Lot 4A-4, Block 7, by placing signage and boulders around the boundary; and WHEREAS, if platting action is taken in the future to divide the existing Lot 4A- 4, Block 7, a lot should be created for the specific use of parking for Fourth of July Beach; and WHEREAS, Delphin Street by plat is the designated public right-of-way (ROW) and primary access to Fourth of July Beach, but is not adequately maintained year-round; and 39 Seward Planning and Zoning Commission Resolution No. 2023-008 Page 2 of 3 WHEREAS, Olga Street is maintained more regularly than Delphin Street, and should be designated as a public ROW and the primary access to Fourth of July Beach by platting action; and WHEREAS, the coast guard currently leases parcel 14534034 and 14534035 for an emergency response tower and has plans to continue those leases in perpetuity; and WHEREAS, the long term plan for the use of the Fourth of July Beach area is as a recreational area; and WHEREAS, the City should plat those parcels as part of a larger parcel that would encompass all of Fourth of July Beach within City limits; and WHEREAS, when a larger parcel has been platted specifically for Fourth of July Beach and its parking, that parcel should be rezoned to Park to protect the use of Fourth of July Beach as a recreational area. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The City of Seward Planning and Zoning Commission recommends the City Council add the following recommendations to the Municipal Lands Inventory and Management Plan: a) Raise and level the current parking space with fill b) Designate additional parking on Lot 4A-4, Block 7 located on the northern side of Sorrel Road (place signage, boulders, painted lines, etc.) c) Designate Olga Street through platting action as the primary right-of-way access to Fourth of July Beach d) Create a new lot on Lot 4A-4, Block 7 through platting action that will be used solely as parking for Fourth of July Beach e) Create one lot through platting action that encompasses the portion of land that comprises Fourth of July Beach and rezone as Park Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of March, 2023. THE CITY OF SEWARD, ALASKA 40 Seward Planning and Zoning Commission Resolution No. 2023-008 Page 3 of 3 AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) Clare Sullivan, Chair :si Planning and Zoning Memorandum Meeting Date: March 7, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director RE: Election of Chair & Vice Chair Background and justification: Seward City code 2.30.210(B) states that "the Commission shall select a chair and vice chair annually." The Chair presides at the meetings and work sessions, and in the absence of the Chair, the Vice Chair fills in as the presiding officer. Below are guidelines that may be used for the election of the Chair and Vice Chair positions. VOTING & APPOINTING PROCEDURE 1. The Presiding Officer opens the floor for nominations of Chair. 2. Any commissioner, including the Presiding Officer, may nominate one or more commissioner for the position. 3. If only one nomination is received, a motion is made to close the nominations and cast a unanimous ballot for the chosen person. That motion will need a second and can be approved by unanimous consent (no roll call is necessary). 4. If more than one nomination is received, paper ballots will be distributed for each commissioner to sign and vote for a nominee, or else the commission may conduct a voice vote. It takes four affirmative votes to be appointed. Once the Chair is elected, the same procedure is repeated for the Vice Chair. 43 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes February 7, 2023 Volume 8, Page I CALL TO ORDER The February 7, 2023 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Clare Sullivan. OPENING CEREMONY Everyone led the pledge of allegiance to the flag. ROLL CALL There were present: Clare Sullivan presiding, and Victoria Monaco Troy Staggs Comprising a quorum of the Commission; and Nathaniel Charbonneau Brenan Hornseth Sean Ulman Jason Bickling, Community Development Director Courtney Bringhurst, City Planner Selena Soto, Planning Technician Brenda Ballou, City Clerk Excused — Verhey Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Staggs) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the January 9, 2023 Joint Special Meeting with City Council Minutes. Approval of the January 10, 2023 Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards — None 44 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes February 7, 2023 Volume 8, Page I City Administration Report. Community Development Director Jason Bickling stated he didn't have a report tonight. Other Reports and Announcements — None Presentations — None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2023-004, To Review The Comprehensive Plan In A Public Hearing And Begin Gathering Public Input For Future Updates. Motion (Charbonneau/Staggs) Approve Resolution 2023-004 Bickling said the current Comprehensive Plan was updated for 2030. City Code indicated that at least one public hearing needed to be held each year, and he wished to comply with that. He was bringing this forward tonight as a public hearing to satisfy code. He was hoping to create a plan with the commission to keep the plan continually updated. 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. Sullivan thought it would be beneficial to create a timeline and work session schedule. Charbonneau thought it would be good to look at the plan annually in a work session, and then have a big update at five and ten years. Hornseth wondered if the maps could be removed from the plan and provided digitally so that they were always up to date. Bickling thought that could be a possibility. Bickling suggested that he could provide known updates to the commission, and then the commission could review the edited draft. In response to Sullivan, Bickling said annual updates to the plan could include things like new fire hydrants; five year updates could be larger issues like building facilities; and ten year updates could include things like mission updates. Motion Passed Unanimous UNFINISHED BUSINESS — None NEW BUSINESS Resolutions W City of Seward, Alaska Planning & Zoning Commission Meeting Minutes February 7, 2023 Volume 8, Page I Resolution 2023-005, Recommending City Council Approval Of The Planning And Zoning Commission Priorities For January 2023 To January 2024. Motion (Horns eth/Charbonneau) Approve Resolution 2023-005 Bickling said he drafted these priorities based on last year's priorities, plus feedback from council; current issues and concerns included housing issues, commissioner attendance at meetings, and updating the Comprehensive Plan. Charbonneau liked the differentiation between short term and ongoing priorities. Motion Passed Unanimous Other New Business Items Set topic for February 21, 2023 work session. Bickling suggested working on housing. He brought the commission's attention to a request from the mayor to look at awnings downtown, related to snow removal and inclement weather. He said the mayor had spoken with the public works director who indicated he would be supportive of having more awnings for the comfort of visitors. Bickling said another topic could be bunkhouses and dormitories. As well, Bickling said Title 15 and the Comprehensive Plan. City Planner Courtney Bringhurst said the lot frontage code language could also be worked on. INFORMATIONAL ITEMS AND REPORTS Reminder: February 21, 2023 regular Planning and Zoning Work Session at 6:00 p.m. in the Council Chambers, City Hall. Reminder: March 7, 2023 regular meeting at 7: 00 p.m. Officer elections for Chair and Vice Chair will take place at this meeting. Bickling said he would be bringing back the Municipal Land Plan recommendations for the commission's approval. CITIZEN COMMENTS — None COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Bringhurst thanked the commission for their work. t City of Seward, Alaska Planning & Zoning Commission Meeting Minutes February 7, 2023 Volume 8, Page I Bickling concurred and was looking forward to getting the Comprehensive Plan worked [On ADJOURNMENT The meeting was adjourned at 7:27 p.m. Brenda Ballou City Clerk (City Seal) Clare Sullivan Chair 47