Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04042023 Planning & Zoning Meeting Packet
Planning & Zoning Commission Agenda Packet Regular Meeting Tuesday, April 4, 2023 Council Chambers, City Hall 7:00 p.m. The City of Seward,Alaska SEWARD PLANNING AND ZONING COMMISSION ib" REGULAR MEETING AGENDA April 4, 2023 7:00 p.m. Council Chambers Clare Sullivan 1. CALL TO ORDER Chair Term February,2024 2. PLEDGE OF ALLEGIANCE Vanessa Verhey 3. ROLL CALL Vice Chair Term February,2026 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Nathaniel Charbonneau THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Commissioner [Those who have signed in will be given the first opportunity to speak. Time is Term February,2024 limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] Sean Ulman 5. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Term February,2025 [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Brenan Hornseth Commissioner so requests. In the event of such a request, the item is returned Commissioner to the Regular Agenda] Term February,2025 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Troy Staggs Commissioner A. Proclamations and Awards -None Term February,2025 B. City Administration Report............................Page 5 Victoria Monaco Commissioner C. Other Reports and Announcements - None Term February,2026 D. Presentations -None [Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by council.] Janette Bower City Manager Jason Bickling Community Development Director Courtney Bringhurst City Planner Selena Soto Planning Assistant Brenda Ballou City Clerk City of Seward, Alaska Planning& Zoning Meeting Agenda April 4, 2023 2 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 1. 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 4. Resolution 2023-009, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to John Wisel,to Construct a Mixed-Use Commercial Building with more than Two Apartments at 213 Fifth Ave, Original Townsite of Seward, South 10 feet of Lot 13 & the North 25 feet of Lot 14, Block 9; Within a Central Business (CB)Zoning District...........................Page 43 5. Resolution 2023-010, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to Colaska Inc. dba QAP to Extract Gravel from Portions of the Resurrection River Located on Seward Meridian SW NE 1/4 SW 1/4 and Seward Meridian SW West 330 Feet of NW 1/4 Lying Within Seward City Limits and Seward Meridian SW Portion NW 1/4 SE 1/4 Lying Within Seward City Limits Excluding West 330 Feet; Within a Resource Management(RM) Zoning District.............................................................................Page 71 8. UNFINISHED BUSINESS A. Resolutions -None City of Seward, Alaska Planning& Zoning Meeting Agenda April 4, 2023 3 9. NEW BUSINESS A. Resolutions - None B. Other New Business Items 1.Nominate and elect a Chair.................................................................Page 99 2.Nominate and elect a Vice Chair..........................................................Page 99 *3. Approval of February 7th, 2023 Planning and Zoning Commission Meeting minutes... ..................................................................................................Page 100 4. Discuss topic for April 18th work session. a) Title 15 updates i. Long-term rental ii. Lot frontages iii. Bunkhouses/Dormitories b) Awnings Discussion Introduction 10. INFORMATIONAL ITEMS AND REPORTS[No Action Required] A. Reminder: Tuesday, April 18, 2023 Planning and Zoning Work Session at 6:OOpm in the Council Chambers, City Hall. B. Reminder: Tuesday, May 9, 2023 regular meeting at 7:00 pm in the Council Chambers, City Hall. Rescheduled from May 2nd due to the elections being held on that day. 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 Planning& Zoning Meeting Agenda April 4, 2023 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. 5 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. 6 Planning and Zoning Agenda Statement Meeting Date: April 4, 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 has 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: ZonffigZ The property is zoned Industrial (I). iz ; 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. Earistin®Use. These lots are currently vacant. 7 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. Vol 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 N/A Comment Building Department X Fire Department A fire hydrant will need to be installed if a building is constructed on either parcel. Public Works X Department Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department has received no public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation 8 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 9 Sponsored by: Applicant Public Hearing: April 4, 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 4th day of April, 2023. THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 11 JELLISON AVE. ' x, 4 MUSTANG AVE. . ham. WF 5 ,tea. MORRIS AVE. w' �I O n, � l Subdivide the Unsubdivided remainder 110 Olga Street of Block 6, Fourth of July Creek Subdivision SMIC Dr—n 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 12 Community Development/ Planning & Zoning LJ 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) 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. !FFourth 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 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 WATER[—]on site F,/1City 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$75.00- 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 # 13 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,date,and total area in acres of the proposed subdivision;and / C. Name and address of owner(s),as shown on the KPB J 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; / 1o. Block-and numbering approximate dimensions and total v numbers of proposed lots; / 11. The approximate location of known existing municipal wastewater J 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: �eof"rt+ 'o= Cc tsatc�, tC VJ-:1 1 -% y , � pate 14 CERTIFICATE OF OWNERSHIP AND DEDICATION pPEUM\NPRYi III pRE\-\MINPRY (a d.N a n r loR tam I—I n..Byee 0 miv pin oil-M-1�M1a a A D,my Ir..wne.M d.dlcal..I p Ilc orw. pIlc bl 3A 4 1 5 1 1 1 ...—9mntFight tlrc.eM1.wry.n gLO�K i i BLOCK � � Owner —7 J ——MDR IS-BAD A'ENUE—————N,IN�—1s xa CITY MANAGER CITY OF SERARD �Ir , ep.a' FIT— _3s,. s•..tirws i--I P.D.BOX 1 111 I Ps.Ppsm,°Unu,r II REWARD,AI_ASKA 99664 IIII I, Notary Acknowledgement PROPOSEDwW'1 5 B a 'er 5ubsermea and $ ewem m N.ren me mis day — p Homry Publlo for m.Sk,e pf Al.ska My C.mmi.slpn Expir.s _ PLATS ICI 'D >A9Pos[9 l9 Utum FasEu[x15 a= T)FOURTH OF JULY CREEK SUBDIVISION,SEWARD MARINE INDUSTRIAL CENTER �NZ (Plat No.97-27),CREATING Lot 1,BLOCK 6 AND THE UNSUBDIVIDED REMAINDER OF BLOCK 6. �A ( Gy 2)FOURTH OF JULY CREEK SUBDIVISION.SEWARD MARINE INDUSTRIAL CENTER. CK ] A ADOHION NUMBER ONE(Plat NG.2001-2).CREATING Loty 2 @ 3,BLOCK gLO A, AND THE UNSUBDIVIDED REMAINDER Of BLOCK 6. ~ u PROaPOSED Lot ♦ D)THE SEWER MAIN IS A PRESSURIZED AND NOT AVAIUBIE—USE. o l ref K� sAs jYV16FRV A., GOe: 1 = 1 Mile os I II 1 I — lip 119PasED�6'Rm RE F,1—T s - I I, a D6Ep 6' 1 m J PLAT—` -�-.N°-°..„- I OLO�I m tAt 2 FOURTH OF JULY ICREEK SUB CENTER SEWARD MARINE NDUSTRIAL CENTER jI DUCHESS RO11LAT ARY Em 5 j �� PRE\,1MW MG."` SEWARD RECORDING DISTRICT SURVEYOR'S CERTIFICATE WASTEWATER DISPOSAL er y c I —I.m wperlY rpisbretl and IiGw M pwGlice land OF A Plans l.r vasla o sr disppepl,mat""n9a ry rpulnmmtz on on f"of ym9�I,tlh°tstare er Aiaeka. Tme plat rep —U,a wrv°y mad°by tF CqS m.Deponm.Rt or Enrlwnmempl converwnon�aa Lang & Assoc tas, Inc. m.ar near my d—vup.rvlelen,IN.monument.1—F Ner..n.Gluon„ �P:' �Ap,h- Proteesienel L Surveyol\s Owner e°let° tlwe 49TN M1 _p°M A•.n _ CITY OF SEwARD norm°.Iwd.rde er p aloe of and vurv.y.reerntl*ISiata 01 Aa.ka t e ""' Z- 6p�AyRkOe PO.COX 67 PLA P APPROVALK 9 p..,N MNp. ff .tie°I�ew ,..y` 99ss.0.a�.nsKA p e ena Panin.ul.Bc 9 cnnln9 CommielOn of fM1a me 9 ®a+` •e cr e ON Bo 9 011lciol DRAWN:NJCL SHEET 1 OF t CT RFE 23-015 JOB FILE: L25015pp-SEWARD-9 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 16 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. File Number: 22662 11500 Daryl Ave. Premium: $250.00 Anchorage,AK 99515 Tax: Attention: Ken Lang Gentlemen: This is a certificate as of January 13, 2023 at 8:00 A.M. for a plat out of the following property: Unsubdivided Remainder of Block 6, FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER ADDITION NUMBER ONE, according to Plat No. 2001-2, Seward Recording District, Third Judicial District, State of Alaska. The Company certifies that record title is vested in City of Seward an estate in fee simple, free from all liens, encumbrances, and objections except for as follows: 1. RESERVATIONS and exceptions as contained in U.S. Patent, and/or acts authorizing the issuance thereof, and Notice recorded May 26, 1993 in Book 68 at page 160. 2. RESERVATIONS AND EXCEPTIONS as contained in State of Alaska Patent, and/or in acts authorizing the issuance thereof. Said patent, among other things, reserves all oil, gas and other minerals together with the privileges, mining and drilling rights and immunities. FURTHER, no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is implied or assumed. 3, TAXES AND ASSESSMENTS, if any, due the taxing authority indicated: Taxing Authority: KENAI PENINSULA BOROUGH 4, EASEMENTS, SET-BACKS AND DEDICATIONS as delineated on Plat No. 97-27. 5. EFFECT of the notes on said Plat No. 97-27. 6. EASEMENTS, SET-BACKS AND DEDICATIONS as delineated on Plat No. 2001-2. 7. EFFECT of the notes on said Plat No. 2001-2. 8. UNRECORDED Leases, subleases and or rental agreements, including the terms and provisions therein. Stewart Title of the Kenai Peninsula, Inc. By Aulfnxije uuatw(s4gtt;uurt Terri Cotterell Authorized Signator NOTE: We will update this certificate to comply with Kenai Peninsula Borough Ordinance 90-38 upon notification Certificate to Plat KB1 File No.: 22662 17 Of �s Patera No. 5214 to AU Agn liQ 4 at Ortatute tttat the Stale of AWka, in romderation of the sum IF -' Dul of the Uuited «'__ -" OLL4R$ lawf - mO°Cy Slatet, and other Qood and valuable consideratioru, now *d, the rnti,pi whttrpf is brreby ackaow*iged.does lterrby pant to � its ��ssors t° asstaru,di that real property 4tmW in the AorouSh of Kerta i Pen i nSu i a Scan of ALsks,and dcsrrtbed a folimm U. S. SURVEY r10. 482$ ALASKA CONTAINING 369.88 ACRES. ACCORDIX9 TO THE SURVEY FLAT Of U. S. SURVEY NO. 4828, ALASKA AND DEPENDENT RESURVEY OF A PORTION OF tl. S, SURVEY NOS. 1651 ANO 3294, ACCEPTED By THE UNITED STATES DEFARTKEN7 OF THE INTERIOR, BUREAU OF L+4MD ►ANAGEMENT IN WISHINGTON, D.C., ON NAY 25, 7977. U. S. SURVEY 4827 ALASKA CONTAINING 83.99 ACRES, ACCORDING TO U. S. SURVEY NO. 4827, ALASKA, ACCEPTED BY THE UNITED STATES DEPARTMEKT OF THE INTERIOR, BUREAU Or LAND MAdAGEPANT IN WISHINGTON, D.C., of( 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 go. AIRS, 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; 18 S J 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 se.uject 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. 29.18.292 is 470.00 acres. 4 3 0e, i ,r 1 u is iE:i i1 t s 1 CAST. •►s.ra�eanll..r ue af14ar1�++t u4r eeroiatps N.r'�V rrawel Parr a cow aa..geeee or WA w a.ww.+rw.•r asp �Yii;tF,Arty r gerww,r,�w w.�e F%Nr� as.tag OW bwor w.k iwre rraf,ra lueeti ra+.m,w.rpe fw*.w.r oO,}ram ert. ri..�d,.,,O,ay rrriok wrrwrf ..�,r fawlr re 0"wwr.Yrd w wd a +4 M Y w wA eaid te.r ie.e rnywq r Pb'urref.rt 0401 er � W tni..-4 h rr P Oe w Frr a.4�,.pr,,ro.R arr,.t O'k Reireri. reef,ea w erefr �� eew y wrwa w.d a>4 firer rrMl..er. t..ea r..wyk r.r.ret wu.�*M.dwr+eaw.am be�rep rdr ewr d~.at ea+,.��„n eir.frWp.p n,~~ t •ur riprr�.� �.itr awI tti�rt r&N EW hr>JwMP��.r @N P(��O�er�aa.{.gyp. +v+.6 p y.�14 wr,bW,�erwwi �.�.iti aw+.r.rr e7 e.r11/er.ee r !er r.er'r redo.ww�"W.re yrq..sole►.d rir.q r w r ellr.a��✓r�R elr Rate a.a1 wboL t.eew,ire niar4 atN W rFetL,adl.eoa.�,�y,e erer r;W r r1e r W r.Y v rw[w ir..rf 4�NwrN�7.��*��~•pe+eeY.w.W r+`4 k tea!w a.rwlw Iw eeur v4.e.ewwt�eedt-AFW"a bw,Ir '�+r Iwt.rw rr..aaaA w t M�W sed�k- t-F*wy wFRwll. f w Awewr/.so•I er ee.m/�w w rwAdd a i Atfclwi �W7rr+a1 J�My 430 II t Jl+tb�{tl�1�.iyrits ante r.4"Se.►. r M..Ilo�.tr..r w�.r�.dl .".WPJ , """.Now ,..n,M rkdwe.N JW COURLM 39110ve dw so"MAiW rs r.rr lrrr aYr�en r re MCAM by a.aw otw d%a w-VA06 w red Cd s—{q p�w N4 as*raN,taw afAr"onesart r"tlhiAr ei Taa.iq/i.Nere *M tf Amos a �lativrnb fi��"W Owes ere,.a.ryyL,�i( , 1�e..l 4fwe re D1rr�w of Tl�rd R,aa�9is or ALi4 w}rr rre.+.r.r.eeue wb r t+w r=ate ur a —-af twa."..r7ddwf>Iw w. rr..r.../ r.,,ir�.t ,�.,4+..a++a ad.rr i"'d4 w+w i.�..s�.Mri�,,,.rr h q w �4\ rh Cti+rttrw a�trr !pM Awrl of PW—b .. _I. '..j . •'s 14 / AM It., 201288 `� 19 United States Department of the Interior � Bt EAV OF LAhD MANAGFMFNf ALASKA STA-M OFMCE 7Z2 W.70 Avaxu 813 re +w[7K>ttAGL ALASKA 9951Y7599 A-1356973(2627) (964)bak CERTIFIED MAIL, R9rLTRN UCEIpr REQU&WW MAY ] ) 1993 NanCE State of Alaska A 0fiG973 Department of Natural Ifeaourres Division of Land 'ritte wnd Contracts Section 3601 C Street,Suite 960 State Selection Anchorage,Alaska 995o3 �S � le�Yatelr Aaeap relit to Sec 101 of the Submerged Lands Art Amendment of August 16, 1988, 1 E 100-395,43 U.S,C. 1631,the recalculation of meanderable waters for T. 1 ,Seca 7 36,Seward Meridian 1 S., R. ,Alaska,was completed and an amended P1A of�¢7 wKs fled on January 21, 1992. The records shaw that patent 5"1.0141,recorded in the Seward Reoor ing District, ]Soak 23,Page 765,was grantee)to the;State on duly 13, I981 for all of the lands in in Trail A of this Township. The acreage charged against Crrtnt entitlement was 17,333.50 acres, the General Purposes As a result of the recalculation, there were 51.23 acres of memWerable water idantifsed for Fourth of July Creek an the attached amended plat of survey, as per Sec. 101 of the Submerged Lands Act Aaiendraent of August 16, 1988,P.L. 100.395, c+edit 43 U.SLC. 1631. However, the amended plat also identified 3,08 acres in RResurrectionBay which has been deducted &oom the me!anderable Water fewer acr acreage Patent SMI-0141 will not be corrected;however,the State of Alaska will be credited with 48.16 acres under the General Purposes Grant entitlement. This acrea be Prioritised fmm other validly selected lands. ge shall 8, Knudsen LOW Land Law Examiner Il mch ad DoyontNW Adjudication 20 W � U) m ,t +-S� W Q V $ o ILP 1p U, W Ca `� Q Q c, g T 10o � aCL -- - � - a 4G u u l�A 1 U) z � m � 9 o N � � H 3f ntdf — NriQld/y" 21 - r , racE � J Z /�y� • • //li� • • O� G O l a f 6 V ♦ ♦ � P �d � : o• : � i�dCi Q Q4�4 F Q V + v o o+ •« u0 • O _ ��� _ •h� •b •b. � o ya,�r+ u YNp`O' Y f r�'1 t f u ` ` t i • + O P O C N N Y O • *�O u � d • "r� � [ r � ti N � Om • A � ago`+ b-•• '1 O O �� u ! • w C ! �+ • • fp LL V CD d +�f O� •fi r � � Q �� i N i s • r v v N ids E • u�o�=a�� �m • � oy m ?+� � •P'w �o � •a• ueA COS" � o1y� � � is �- nE Ccr- cc w _� i e o o " C + °' • o'er o a a '� Oq a + • + + • ru+i " i • • aE �� „ rLLnaa d¢�V Q i,Lii�l• cr S�yyr a � � ' � n CL 22 1 'a Vu Q w! _ u �a v� Ilu ti r � 4 !7 Q U V Y f!1 N fi O ei o • o a7 • O Z e • '+ of r Vl • df w oil 7-7&&ns --------__ __-_ - J %1' OeY�',R3S 1 L 23 1 PAGE � r 8 q p 1.1 Waa` • t w -M• o e a gene p Cp 9a12 u.1 • �; t } Z Wp •bel fn o i v b S • X K e n v! `� • e �!`o4� ��a �• a � a u •+ C h za � �,.• `o •Y e J o � O tl t T v � o .. e•0. v y'a a ° o �O60 AWUJ .3L u � 4 Ll •7 • a p�• e p h m e o-r n�a�e' u � o • ti n d$=447 �e i F e 7 V A e• ° w• 04 Ma $L n r s � E/1 dR7,Y fj l O�D7P/ • � R'O 01 OO 0• I i I °' N I m �1 • V p t► O 24 SEWARD ittCOR.OrNC UISfR(CT C�tAhff4R UNTrM STATE$ RETURN To 811RfiAU Of LANp MANtACDr1ENT STATE Of ALASKA WANCH OF DMON ADfVDICATION QETCOFNATLT ALRMURM n2�75EVU47N AVENUE a[3 D(1/15ION OF LAND ANObRACE AK 995L7 MU C��ZiRATIONNI UT 3601 �SLUTE 96p A 93—U55y ."'T L-5TRICT AAA N 9 s2 kM 9 5 +naREss 25 PAGE Form]aso-a BOOK 2U - Unt, 1975r !Laura ,tktotdin;, District Anchorage 056973 Xbt Mnol b 6tato of Zimtxtta, To to to>n M Lb"t prf mw Stan tAtttr,are,f rm.. "SREAS State of Alaska is entitled to a Land Patent pursuant to Section 5(b) of the Alaska Statehood Act of July 7, 1958, 72 Stat. 339, as amended, for the hollowing-described landst U.S. Survey No. 4827, Alaska, situated on the easterly shore of Resurrection Bay. � ; I Containing 93.99 acres, i A U.S. Survey No, 4828, Alaska, situated on � � - the easterly shore of Resurrection bay. o m Containing 389.68 acres, N mar o Seward Meridian, Alaska,T. 1 R.Tr Tract A. O Containing 17,333.50 acres. 5 t�3 1 Aggregating 17,907.37 acres, 8 ' NOW KNOW YE, that there is, therefore, granted b the UNITED STATES, unto the above-named claimant �the land at the bove- 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, forevera EXCEP"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; 4 43 I.S.C. 945I and 2. Aright-af-way thereon for the construction of ? railroads, telegraph, and telephone lines, as ;cr Prescribed and directed by the Act of Xarch 12, 1914, 38 Star. 305. Im rKSTntONT WHCRILor,Lbe uadersipW sutbon#ad ofhctt of am r. !. Sate of L.aad Nemeameot, to amordance with the prorisioea Of the Act of juee 17,1448 (62 Stet 476).ha,in the name of diet Ualtwd States, Caused these lelten to be as" patent, end the r Seel of the Bureau to he heteonto adiXffd. t71vea under my hhand,Is ANCHORAGE, ALABRA ,l;.j" the '1'BIRTHEbPPY; �y of JOLY to the yeu ,oar ford ewe thouaaed nine hundred sad Slf;RTY-QNE of In dace of the United $twee the two hnodmd BY R t Z. soreeaon 4r B1 Chief, Branch of Lands patent Number, and ISiaerals Operation* , 3t 26 P �g 3 +npQo sy-y UV) Y :. irw rrrtirrr,rr., sa , v) (10 �Yvc M z � • 3 n �i °E S } z r"rr,nr-,n„P' y•� CC� � i� x Q� � � I y y s h+• Y a�q � �, _ < S i s Q,s Lil 5 _ B1,Y = zz i LGa`a i[sd; � o €30 ai r o o } El��"' f r 7r40 C Fovrfh of,.illy Creek rrec(r n a 1 6s j.°r i ...�. N 00.33.46_W _466.02' _�__.� t7 €$N 0���1'...��••• DELPHIN STREET pR 3E�nv (rS0' Public R.O.W) �_rpi50 t Y 9 r acvv r mresr q 1017.264 N 00'33'21' w =y 5386,qns t ' �— — — —�.B haaaa.l •i r $ b n 1 ~ fa a rs � I N� zl E xm,r„-. m aa•r f n b n ,fit 7u' �It ,.1� m � o � tioo'aa'x;'w�.oE'1 � �a 7•[ O J �Ic H ��d 3 z r 5 CO"J6'Sa'[ 183.62' J ..J•� 12 la sti7 m� V I is 1{ W�J 1p 0 _ 1 ` InI ti m 16 Iz , 775.45 _ L .J L _ _ i3� — _ MDT ]al'• IO,t rr k _• hR-il y''f'0!rllrfll����'``,`l' 1 n>y g` p m' 1 1 1018.48' S 00'3a'44' E �m I OIGA SrR ECT b rRACrA (So'P—r.R.o.w..j A« r N � •e� �q � 4J� r.54o aE� fi J^ N o Nwhs 'gF jL f t Sr urll �ofi E�� si m all E. r -c �` ' � ���cg+ E aa 3 a,•� e5'6 fix` VI ��" `C �6 -� a O hoc 0 • 6 © " e� _�o��^ ��fi� aGy L�E � �� �� � wo 27 tf4 I °s00+,',� '� � �n JoPSoson—�'seiP4 a�abdleirian �t�' � dY F e.e 91eet v i r.� I•8 ' r $: � $� � �R ufs � I lun°.. .pZrrt. Yfce1 CI G •[r•rlsti ;Ei a I 1 Black 8" Is er I ,eMbR nai N' ' ro'1r1[w fw-.fr[xr•rl Se' ti awfr ,ran r7 sr*1 G.w bwy.I.rrn. � ----- ----t- --•._-...'---- - ---- ------•-•---- - 1---------`--...----,, • Q I I ry fA] - .--.•.!- 1MY.ri .4 M RYA ITrk- o -_'-"Aid..""----�----------- Iwaf ,•[.>r .rlor f.r ao m wm 1 �.,n' rn ,.[lf •rr oo' Yler .rYra.Y[ P.sr YS srras.r. "'1 � wrST.R gtl.f0" b t 8 s[�ra�r. ��, TraCL A !wr•r .••1 8 I 1 Y 1 I j tt gg j I t h°sr �it I,rf[aYr[ �mafr •fYfa.rt NI.>.' ^y Tmcc A �SIYr ' co!u.2 I I 6 ,SSn rF�1 I I wv.w 1 1 1 I I IC��9• I 1 4Ai I I 1 w I Q i l i � Sr i I a 1 1 kp s z a LIFT AREA 1 ,• �C I I Us, s, .ar.rwt TtaCt A E —. Wr S CX � 'bra� R I O• s[rls,r. •rser 8 L � �. m S , Y Y .fnrl.t I t i •+q�4- I j S S.w or f r ' .� '�` w ,mw <sanr..,,w.fal.fvrnav wtev ••}, tnnl a"P t t c M• h� ���a jh2 vnwShcvldad 1.3 i y � i ��q !� �� o k •Z� l_ n g r 33i o n �9 i i fi sue° icg 2AM d � e IA i_� � ! rr �'�j � v � = t ! � do � •'y Ke.it°�y !I Rl � ' 11111I g it r IN IN 28 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 29 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE fi upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on 1-N4,.c-1 z�- __ _____,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 2 2_ day of I�'la�c�._ 2023. 30 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, 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 —mar ��. zz , which is 11 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 22 day of A141all 2023. , Signature 31 Planning and Zoning Agenda Statement Meeting Date: April 4, 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, 32 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 Strategic Plan: N/A Other: 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: April 4, 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 4th day of April, 2023. THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 35 Spring Creek �arnp���;rou�nd�-& Fourth. of�.]u�lyi6ea�ch� ,£� S y ALI.�I Owner: City of Seward" , * Owner:S ward Prop LLC � �* ' NEWzz Owner: Deborah Anderson S PF � O wner: Deborah Anderson g � NIV �j ;� r Create an easements for a public ROW ��� '� �:„ .a Plat into one parcel Rezone to Park 77-4 Designate as day use parking area c4 a Pr V Plat into one parcel Rezone to Park Raise and level parking area Plat into a separate parcel for parking Planning and Zoning Agenda Statement Meeting Date: April 4, 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 • 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 Strategic Plan: N/A Other: 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: April 4, 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 4th day of April, 2023. THE CITY OF SEWARD, ALASKA 40 Seward Planning and Zoning Commission Resolution No. 2023-008 Page 3 of 3 Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 41 ' 71 Fourth of July Beach f t M,em.c? ry 1g c +Flkt 4 N . ., .,axe `'•, - rrm p` K o. i Y. p' F, 1 PFat into one parcel Rezone to •ark � ® ■ Rai - and level parking area �' Plat into a separate parcel for parkin"g _ , t ,.w Planning and Zoning Agenda Statement Meeting Date: April 4, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2023-009:Application for a Conditional Use Permit to John Wisel to Construct a Mixed-Use Commercial Building with more than Two Apartments at 213 Fifth Ave, Original Townsite of Seward, South 10 feet of Lot 13 &the North 25 feet of Lot 14, Block 9; within a Central Business (CB) Zoning District. Background and justification: John Wisel has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to construct a mixed-use commercial building with more than two apartments on his property located at 213 Fifth Ave on Original Townsite of Seward, south 10 feet of Lot 13 & the north 25 feet of Lot 14, Block 9. The intended use of the structure is to lease the bottom two-stories for office/commercial space, and to use the third story as short-term rentals. In 2020, John Wisel was granted a CUP to construct a mixed-use commercial building at 213 Fifth Ave. The conditions of the permit stated that"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." For this reason, John Wisel has been required to reapply for a CUP. Within the Commercial Business zoning district, outright allowed uses do not have specific parking requirements. All types of dwellings (except for one apartment above a commercial building) require a CUP in the Central Business District. A CUP is required for uses that are recognized as compatible within the specified zoning district provided certain conditions are met. As parking is very difficult in this area of town, this is a condition that will be required for the portion of the building used for lodging. The original parcels around 213 Fifth Avenue have been changed through platting actions at various times, leaving 213 Fifth Avenue as a combination of part of Lot 13 and Lot 14. Seward City Code §12.01.030 states that "No building, except a single-family residence, may be built across platted property lines." Since 213 Fifth Avenue is made up of the left-over portions of Lot 13 and Lot 14, any construction on the lot would occur across the platted property line. An official plat must be done to make this property into one legal lot before construction can occur. The applicant has complied with all the public hearing requirements of Seward City Code §15.01.040. 43 Surrounding Land Use and Zoning: Development Requirements. The proposed structure meets the Zoning Code Development Requirements (Table 15.10.220) including lot coverage (maximum coverage of 100%), minimum buildable lot size (no requirement for a commercial building with apartments), setbacks (none), and building height (34'— see diagram on page 62 for how building height is calculated). Surrounding Land Use: All of the lots surrounding this property are zoned Central Business. There is a restaurant directly to the south, and a Church south of that. To the north, there is a restaurant within a hotel, and a fitness center. A restaurant and various shops are located to the west. Vacant lots, single family homes, and a hotel are located to the east. Floodplain status: According to the Kenai Peninsula Floodplain Map, the area is not located within a flood zone. Utilities: Water, sewer, and power are already available to the property. Adequate fire, police and solid waste disposal services are available to the property. City code also requires that every building or building site within the city must provide containers suitable for refuse collection (SCC 14.05). All containers shall be watertight with an animal-proof lid. Parking; According to City Code §15.10.215 — Parking, lodging is required to have 1 parking space per guest room plus the spaces for the principle dwelling unit. All three dwelling units will be used entirely as lodging. Each dwelling unit has one guest room, so 3 parking spaces will be required. If office space on the first or second story are converted into short-term rentals, the required 1 parking space per guest room will need to be provided. Parking spaces are required to be 9ft wide and 18ft long. The plan shows 3 parking spaces that meet these requirements. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2.11 — Economic Base Plan: "Encourage the development of infrastructure expansion plans for currently undeveloped residential and commercial property." Vol 1, Chapter 3.1.1.2 — Update and expand infrastructure for commercial and industrial properties that are currently underdeveloped • Encourage and support downtown revitalization efforts on vacant and dilapidated buildings Vol 1, Chapter 3.2 — Land Use "Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values." Strategic Plan: "Promote in-fill development by encouraging and promoting construction on vacant sites in already established areas of the city" (Page 10). Focus downtown revitalization efforts on vacant and dilapidated buildings"(Page 14). 44 Staff Comments Department Comments No N/A Comment Building Department Structural and Architectural stamped engineered drawings Fire Department Must apply for building permit and meet City Building and Fire code for commercial mixed-use occupancy Public Works Applicant should consider ADA access to building. Department Harbor Department X Police Department X Electric Department X Public Notice Property owners within three hundred (300) feet of the location of the proposed Conditional Use Permit 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 public inquiries regarding the proposed Conditional Use Permit. If any further correspondence is received after publication of this agenda statement, it will be submitted to the Planning and Zoning Commissioners for their review. Recommended Conditions 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications. a. Prior to operation, the building will be constructed following requirements per International Fire Code (IFC) and International Building Code (IBC) b. Structural and Architectural stamped engineered drawings must be approved by the Building Official. 2. No construction shall be permitted in the right-of-way. 3. Prior to the issuance of a Building Permit, the applicant shall be required to plat the property into one parcel in accordance with Seward City Code §12.01.030, and shall furnish certified copies of the final plat to the Building Department upon application for a building permit. 4. The applicant shall work with all City Utility Departments for any possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 5. A minimum of 1 parking space per guest room for each short-term rental unit will be provided for on site. Given the current plans, there will be 3 parking spaces required. 6. A short-term rental permit, in addition to the anticipated three (3), will not be granted unless additional parking is provided for. 7. All parking and maneuverability shall remain on site for the life of the use. 8. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. 9. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use. 10. Per Seward City Code§15.10.325(f). an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a 45 building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 11. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Recommendation Community Development Department staff recommends approval of Resolution 2023-009 granting a conditional use permit to John Wisel to construct a mixed-use commercial building with more than two apartments at 213 Fifth Ave, Original Townsite of Seward, south 10 feet of Lot 13 &the north 25 feet of Lot 14, Block 9, within a Central Business (CB) Zoning District. 46 Sponsored by: Applicant Public Hearing: April 4, 2023 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2023-009 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO JOHN WISEL TO CONSTRUCT A MIXED-USE COMMERCIAL BUILDING WITH MORE THAN TWO APARTMENTS AT 213 FIFTH AVE, ORIGINAL TOWNSITE OF SEWARD, SOUTH 10 FEET OF LOT 13 & THE NORTH 25 FEET OF LOT 14, BLOCK 9; WITHIN A CENTRAL BUSINESS (CB) ZONING DISTRICT WHEREAS, John Wisel has applied for a Conditional Use Permit(CUP)from the Seward Planning and Zoning Commission to construct a mixed-use commercial building with more than two apartments at 213 Fifth Ave, Original Townsite of Seward, south 10 feet of Lot 13 &the north 25 feet of Lot 14, Block 9; and WHEREAS,the property is in a Central Business(CB) Zoning District; and WHEREAS, the CB zoning district is intended to provide for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade; and WHEREAS, Conditional Use Permit 2020-03 was granted to John Wisel on October 6, 2020; and WHEREAS, Seward City Code §15.10.325(G) states that an approved conditional use permit lapses six months after approval if no building permit is procured or if the allowed use is not initiated; and WHEREAS, Conditional Use Permit 2020-03 has lapsed and a new Conditional Use Permit is required; and WHEREAS, according to Seward City Code §15.10.320 the Planning and Zoning Commission may require certain conditions to ensure that the proposed use will be compatible with the surrounding uses; and WHEREAS, Seward City Code §12.01.030 states that "No building, except a single- family residence, may be built across platted property lines"; and 47 Seward Planning and Zoning Commission Resolution No. 2023-009 Page 2 of 5 WHEREAS,the current official plat for 213 Fifth Ave shows that this lot is a combination of two lots, which means any construction would be across platted property lines; and WHEREAS, the applicant has complied with all of the public hearing requirements of Seward City Code §15.01.040; NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. According to SCC 15.10.320.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: According to the Land Use Allowed Table, §15.10.226, "Dwelling, apartment in a commercial building (two or more units)" is allowed within a Central Business zoning district with a Conditional Use Permit. B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. The proposed use is congruent to the surrounding land uses. Currently the land is vacant, and offers very little value to the adjoining properties except in its potential to be developed. The proposed construction on this parcel will add value to the adjoining properties by improving the aesthetics as well as by drawing in additional businesses and consumers. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The proposal is in harmony with the Seward 2030 Comprehensive Plan (2017) and Strategic Plan (1999) Seward Comprehensive Plan (approved by Council,May 30, 2017) Vol I Ch 2.2.11 - Economic Base • "Encourage the development of infrastructure expansion plans for currently undeveloped residential and commercial property" Vol 1, Ch 3.1.1.2 Update and expand infrastructure for commercial and industrial properties that are currently undeveloped • "Encourage and support downtown revitalization efforts on vacant and dilapidated buildings." Vol I Ch 3.2 - Land Use • "Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values." 48 Seward Planning and Zoning Commission Resolution No. 2023-009 Page 3 of 5 Strategic Plan (1999) "Promote in-fill development by encouraging and promoting construction on vacant sites in already established areas of the city" (Page 10). "Focus downtown revitalization efforts on vacant and dilapidated buildings" (Page 14) D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. Adequate water, sewer, and power are currently available to the property. The property is accessed by Fifth Ave and an alley to the west, and provides adequate access for fire,police and solid waste disposal services. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. The building will be constructed following International Fire Code and International Building Code. Also, on-site parking will be provided for the nightly rental units and meet Seward City Code requirements. F. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use, and other similar aspects related to the proposed use. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications. a. Prior to operation, the building will be constructed following requirements per International Fire Code (IFC) and International Building Code (IBC) b. Structural and Architectural stamped engineered drawings must be approved by the Building Official 2. No construction shall be permitted in the right-of way. 3. Prior to the issuance of a Building Permit, the applicant shall be required to plat the property into one parcel in accordance with Seward City Code §12.01.030, and shall furnish certified copies of the final plat to the Building Department upon application for a building permit. 4. The applicant shall work with all City Utility Departments for any possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 5. A minimum of 1 parking space per guest room for each short-term rental unit will be provided for on site. Given the current plans, 3 parking spaces are required. 6. A short-term rental permit,in addition to the anticipated three(3),will not be granted unless additional parking is provided for. 49 Seward Planning and Zoning Commission Resolution No. 2023-009 Page 4 of 5 7. All parking and maneuverability shall remain on site for the life of the use. 8. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. 9. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use. 10. Per Seward City Code §15.10.325(f). an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 11. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 1, Subsections A through F are met by the applicant, and authorizes the administration to issue a conditional use permit to John Wisel to construct a mixed-use commercial building with more than two apartments at 213 Fifth Ave, Original Townsite of Seward, south 10 feet of Lot 13 & the north 25 feet of Lot 14, Block 9. 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. Nonconformance to these above stated conditions shall be grounds for revoking the Conditional Use Permit. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4tn day of April, 2023 THE CITY OF SEWARD,ALASKA 50 Seward Planning and Zoning Commission Resolution No. 2023-009 Page 5 of 5 Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 51 DAMS ML LL � 1t u � b �•� ow .:s WASHINGTON Rik Conditional Use Permit to Construct a Mixed-Use 213 Fifth Ave Commercial Building with more than Two Drawn By: Selena Soto Apartments within a Central Business (CB) N 0 40 80 160 Feet Zoning District 13 - - Due to different data sources property lines and aerial imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. Mapping Assistance by Alaska Map Company,LLC 52 CITY OF SEWARD Community Development P.0, Box 167 . 110 Adanhs Srrect 907.224.4048- Director Seward,Alaska 99664 907.224.4020-Planner 907.224.4049-Planning Assistant CONDITIONAL USE PERMIT APPLICATION This completed application is to be submitted to the Community Development Department no later than six (6)weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $330 nonrefundable filing fee. In addition, please provide an as-built survey if the property has been developed or a scaled site plan with elevations if the property is undeveloped. V Applicant: '1 5 Address: IV3 __ Ave, Telephone Number: _�o-7 V6 6696 Email: yJ n1 �nr rl���inc �Nyy II I Property Owner(if other than applicant): 1 Address: '3(Aco( N \ecma I el'ceC P'A Telephone Number: Email: Property Description Address: 21'� Ave' Lot Size: xO-D 10' C3 4- Zc5`N PA t4 l Lot: Block: 11A Subdivision: C1c:irt�A \ot_)o5"A'e Kenai Peninsula Borough Tax Parcel ID Number: 1 c4 C� 1 l 02 1 Development Information t What structures are on the property? �-C'0 �C \i 0f1 How is the property being used? QO Cz_kO� What is the proposed use of the property? vC�q. What is the development timeline? VZ / ` , 5 Please note that prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit, it shall be established that the proposed use satisfies the following conditions of Seward City Code 15.10.320 (See the attached pages for specific City Code requirements) 53 A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. Central Business (CB) L c .¢. QC P'1 B) Describe any impacts to the adjoining properties and how property values may be affected. C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: http:l/www.cityofseward.usl ti D) Describe/ list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.) rr b E) The proposed project or use must not be harmful to the public health, safety and welfare. Describe any mitigation measures that may be needed to protect the public health, safety and welfare. F) Include building elevation plans and a site plan, drawn to scale. The site plan should include: 1) Property dimensions 9 2) Location and dimensions of existing and planned buildings 3) Parking configuration 1 4) Driveways and access 10 5) Natural features W 6) Other pertinent information 54 I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge and that I have the following legal interest in the property: Owner of record understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. Applicant Signature: Property Owner Signature: Enclosed: $330 Payment 21, Dimensioned plot plan /drawings Other: 55 I i m n' ' 7. k ' CD {' �� fr m - - m f nr +! n , }y�Yt y.w 9 01 I 1 .ch fElCD CD C rn5 ...,. =rCD CD r. i f S'la� A rv1 a�• R -k i Multi-Use Building FAULKEI+BFRRY 'a L�y , 91 RenovatforMw Three Story !� (� #Y , Building With Basement R ASSOCIATES.LNC. N 1:SaJi 5FL'iRS F.ci]6 5J a /q Y ARCHITECTS �'L ' �o m T'39Rti��•u kpµ;I�aada c-RJ7X131 �iCl� 56 y A ! !m f7 rr io 4 74 J, I I i I I � to - �a o to !`� =r L � ;1I CTl I 71 i f r. v'aieam- A Na _ r�•r.F.c��sx.w. Wt Mulli-Use Building n RenovatiordNew Three Story FAULKEKBERRY - y .Pb Bui�ing With basement &ASSOCIATES,L\C. > / � 8 s e r:sn�w ssr i¢s.xi.xuanrnrcu.e•v $ / qa m� ARCHITECTS 21 1,Meese ...-_—.-- I4fN AAA'3c•Y.7!pi) S 4nq�,A65364E Ff Ed 2X'Yol-A tYsP./�Aa }AP]-w4m4m'm 57 � E l I I i I 1 E ;1 Z 'm i i I I I I9i L I I 0. 1 1 1 1 1 .I I (n I I 1 , V I 'Z 1 - 1 1 1'E• t' 6' I Ll ! I 1 I I I I i I I 1 3 t 1-1 1. Ll I I r 1 Jr-ur<• 1 �� v axr � ss�r s--P -P i I1 I I I E 3 Id E J ' E y w �s am L t 1 f 1 I I I f I f i tiro I � i I P�. M 21 P Multi4Jse Building FAULKENBERRY ' g n" Z_ Renevatienll ew Three Story (�` ta7 BJJticring With Basement &ASSOCIATES,L\C. E 3 a g r;serws�cfc.s df v'.JiwXl.�l<�v ,{�)/�[� T CTS 6yra-nsard !li\4.1 LL l4 L J 2'35h R�cu JMia AJ4ai�4a-a'Pll 7 z S3d�.<<SYt,I PC.Pai3{'FI.kVsay,lLa/a8x12PJ.1Y6:<F'7 � � 58 Op ;CD 1 f1..XT _ y I ........ -- c. N� M b Lj m K� m a. A a i O i j0 jr�pt i i eyn i_. ax -.H=1 Wn m 1 .M1M _ M f Multi-Use Building 'a RenovationMew Three Story FAULKBBERRY �� z �jt Building With Basement R ASSOCIATES.INC. g�/�' °y7 A-"� w ARCHITECTS 'L -�e - $ o+g�a anxnso�asm�aor• �uas.caac-a�-�rrAn 'Q ma�a 59 k f I G+ T 1 ]2 37-F 1'Y 312' 3y 11t ti1 I-6 ]1. 21 O I i ° �]1Z T 216 S _1 IF 5 n ` i V S ofF `�+'��i CL „ r ;; gym i fif v N� ... h dN i NTA�� iL Pb'IHwY1 $ p Se mg .-_ FAUL{EKBERRYV Renovatlwlew Tbms Story NY Building With Basement dASSOCIATES.LNC. s T:SR1Hg Its-VI.Ji36iV`F .14M9 ARCHITECTS 6 O�cral o..ryl✓ue.���sLuaa ... b 2+3`AY Aleve rYNrlfhYYa-:21f'3 '� 60 � j 1 nz —_ i Xy W , D� �o[ f- --- mO�` M n rCr{ n- - - ?71__._._ I a m —} { f 1 EXISTfVG&STORY BUILDING ... {NOT IN PROJECT) _ f 7 r d k s �nI 9.9.fA -Na _ trf:r.�xvav:K Multi-Use Building 's2 Renovation/New Three SI"y PAULKEIBERRY Building Wilt Basement R kSSOC1kTE3,INC. a m$ sR�sF�,� 'r u,3� ,auFAy ARCHITECTS 5•.a'ACSi! Fr Cm i['S:]-A'�?alt Ji+ah 4�i'S�1-��ld"'rF 61 Building Height Calculation Stairwell to roof Mechanical Room TI Stair Roof 11 Midpoint Parapet 31'111/8" Roof 27'-3 1/4„ r. .' - i 3rd Floor i 17'-111/2„ Building Height 77 w.._. .-- I� 2nd Floor O� MILS IIr-- I -- '' 1st Floor 0, 62 How to Calculate the Height of a Buildin The height of a building is the vertical distance above a reference datum (page 2) measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. Roofs with slopes greater than 75 percent shall be regarded as walls. The height of a stepped or terraced building is the height of the highest segment thereof. See images below for examples: Flat Roof-Measured to the highest poilet Mansard Roof-Measured to the deck lute � s � Et j �r:I In Bart Roof-Avertig a Height of Highest gable Gabled Roof—Average height 1 NGdpoint 1VfidpoinI : on as:C to P4 M Shed Roof—Average heiglat Clerestory Roof-Average Iteigltt of Itkimtgable n�droint Fdidpoint m m � wa pC FCW Page 1 ❑f 2 63 The reference datum shall be whichever of the following yields the greater height of building: 1. The highest point within a horizontal distance of five feet from the exterior wall of the building, when such point is not more than ten feet above the lowest point within said five- foot radius. ***Building height is still measured according ht to the information provided on pagePq 1. 5 -------------------------------- OR ---------------------- --------- 2. An elevation ten feet higher than the lowest grade, when the highest point described in 1 is more than ten feet above the lowest point. ***Building height is still measured according to the information provided on page 1. 15' 10, Exceptions Height limitations stipulated in this section shall not apply to tanks, church spires, belfries, cupolas, monuments, fire and hose towers, chimneys, flagpoles, masts, aerials, antennas, telecommunication and electrical transmission towers and other similar structures or facilities. Height calculations DO NOT include any fill or construction whose sole purpose is to elevate the reference datum, per CBJ §49.25.420(c)(2). Based on CBJ §49.25.420 Height of building. Revised February 2010 KFORM542010 Handoufs Page 2 of 2 64 CITY OF SEWARD RECEIPT# 465o6 ' 410 ADAMS STREET 3/08/2023 • PO BOX 167 SEWARD AK 99664 Received phone: (907)224-4050 From • Lookup Name Pa men"T pe Check # Amounts 32516 WISEL, JOHN Check 0001343 Due 330.00 Tendered 330.00 Change Due Description: CUP 213 THE SPRUCE LODGE, LLC City Clerk Fees 330.00 65 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE �k� �JYc JG •-sfi , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Original Townsite of Seward, South 10 feet of Lot 13 & the North 25 feet of Lot 14, Block 9; Located at 213 Fifth Ave as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this —LT day of 2022. r 66 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 Original Townsite of Seward, south 10 feet of Lot 13 & the north 25 feet of Lot 14, Block 9; physical address 213 Fifth Ave, the owners of which have petitioned for a Public Hearing for a Conditional Use Permit to construct a mixed-use commercial building with more than two apartments, within a Central Business CB Zoning District. The notice was posted on ,,r c I`7 , 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 J�, day of K,rc L-, , 2023. Signature 67 A 2021 - 000127 - 0 S Recording District 314 Seward K OD A 02/08/2021 10:53 AM Page 1 of 3 I Illlll III IIIllilllll Illlif llllllll lllllllllll l IIIIII II! IIIIII N SEWARD PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT NO. 2020-03 ISSUED TO: John Wisel lI 213 Fifth Avenue Seward, AK 99664 EFFECTIVE DATE: October 16, 2020 LOCATION /USE: to construct and operate a mixed-use commercial building with 3 studio apartment units located at 213 Fifth Avenue in the Central Business district(CB) Section 1. This Conditional Use Permit is granted by the Seward Planning and Zoning Commission to operate under the following conditions: I. Prior to the issuance of a Certificate of Occupancy the applicant shall be required to replat the property in accordance with SCC section 12.10.030, and shall furnish certified copies of the final plat to Community Development and Building Inspections. 2. The existing entry stair is a remnant of the nonconforming structure and must be reconstructed out of the Right-of-Way with new construction. SCC Section 15.10.315(f)(2). 3. All construction shall meet the current International Building Code and International Fire Code, including all accessibility requirements provided for within the International Building Code. 4. Prior to issuance of a building permit, a. A preliminary plat shall be submitted to Community Development. b. The applicant shall obtain a professional architectural code study to address any use of existing foundations, as well as any potential use of studio apartments as short-term rental units in a commercial building. c. Structural and Architectural Stamped Engineered drawings shall be approved by the Building Official. They will also show the final mix of uses as approved within the Conditional Use Permit 68 Conditional Use Permit 2020-03 Page 2 d. Sprinkler/Alarm Plans if required for the use must be also approved by the Building official. e. The applicant shall submit a dimensioned site plan identifying the total required on-site parking spaces for the residential uses, the vehicle ingress and egress route, and delivery access and egress for service vehicles. 5. The applicant shall coordinate with Public Works and obtain a right-of-way permit prior to any work in the right -of-way. The applicant shall continue to work with staff through the building permit process to address and accomplish any required upgrades to public utilities if needed. 6. The applicant shall start a job order with the electric department and work with their staff on connecting to services. 7. Animal/ Bird resistant dumpsters I containers shall be provided for all garbage and refuse for the life of the use. 8. Construction waste and debris shall be removed weekly and upon completion of construction. 9. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. t 0. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a ailing 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, Subsection F are met by the applicant and./or the agent, and authorizes the administration to issue a conditional use permit to John Wisel II to construct and operate a mixed-use commercial building with 3 studio apartment units located at 213 Fifth Avenue in the Central Business District (CB), subject to the above conditions. '��.II Illlf�l l '�I 1111 I }I llll 11 1111 I} 69 Page 2 of 3 2021-000127-0 Conditional Use Permit 2020-03 Page 3 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 Seward Planning and Zoning Commission Resolution 2020- 08 this 6th day of October, 2020. THE CITY OF SEWARD, ALASKA By: Jackie COWflde Community Development Director Recorded in Seward Recording District Return to: City of Seward Community Development P O Box 167 Seward AK 99664 '�:it i���l}I 1IIl 11 ll fl ll 141II lll�ll 1111111��1 Il ll'll 11111 llll Page 3 of 3 2021—000127—0 70 Planning and Zoning Agenda Statement Meeting Date: April 4, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2023-010: Application for a Conditional Use Permit to Colaska Inc. dba QAP to Extract Gravel from Portions of the Resurrection River Located on Seward Meridian SW NE 1/4 SW 1/4 and Seward Meridian SW West 330 Feet of NW 1/4 Lying Within Seward City Limits and Seward Meridian SW Portion NW 1/4 SE 1/4 Lying Within Seward City Limits Excluding West 330 Feet; Within a Resource Management (RM) Zoning District Background and justification: Colaska Inc. dba QAP has applied for a Conditional Use Permit(CUP)from the Seward Planning and Zoning Commission to extract gravel from portions of the Resurrection River located on parcels 14430041, 14430044, and 14430045. Any work done within a floodway requires specific permits from various organizations. The applicant has already acquired all the necessary permits to perform the requested gravel extraction, and the applicant has included the approved permits with their CUP application submittals. According to Seward City Code§15.10.226,"Resource extraction, commercial surface, i.e., gravel," is allowed in the Resource Management zoning district with an approved CUP. The removal of gravel from the river will be used for projects to improve local infrastructure. A secondary benefit is that it will also help to mitigate and reduce flooding by increasing floodwater capacity in the river bed. The applicant has complied with all the public hearing requirements of Seward City Code §15.01.040. Surrounding Land Use and Zoning: Development Requirements., The proposed use will not involve any development to the property. Surrounding Land Use:The lots surrounding this property to the west and south are zoned Resource Management and are vacant. The lot to the east is zoned Industrial and also does gravel extraction from the Resurrection River. The lots to the north are not located within City limits, but are owned by Colaska Inc. dba QAP. Fioodpiain status: According to the Kenai Peninsula Floodplain Map, the area is located within an AE flood zone. No development is occurring within the floodplain. The appropriate floodplain permits have been acquired by the applicant. 71 Utilities:Access to the property is from 31825 Herman Leirer Rd. Emergency service vehicles can access the property. Onsite water, septic and power exist on the Kenai Peninsula Borough side, but not on the parcels within City limits. Parking, Parking will be located on the Kenai Peninsula Borough side of the parcels since that is the only parcel that can be accessed from the road. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1 Ch 3.1.1.4 — Support private sector business, employment, and Plan: programs. Vol 1 Ch 3.2.1.3 - Establish an attractive highway corridor from Mile 0 to 8. Vol 1 — Chapter 2 & 3 both support the development and improvement of infrastructure within City limits. Strategic Plan: "Promote economic diversity and encourages growth of year-round businesses." (Page 5). Staff Comments Department Comments No N/A Comment Building Department X Fire Department X Public Works X Department Harbor Department X Police Department X Electric Department X Public Notice Property owners within three hundred (300) feet of the location of the proposed Conditional Use Permit 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 regarding the proposed Conditional Use Permit. If any further correspondence is received after publication of this agenda statement, it will be submitted to the Planning and Zoning Commissioners for their review. 72 Recommended Conditions 1. The applicant shall maintain current floodplain permits while work is being performed in the floodway. 2. Per Seward City Code§15.10.325(f). an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 3. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Recommendation Community Development Department staff recommends approval of Resolution 2023-010 granting a Conditional Use Permit to Colaska Inc. dba QAP to extract gravel from portions of the Resurrection River located on Seward Meridian SW NE 1/4 SW 1/4 and Seward Meridian SW West 330 Feet of NW 1/4 Lying Within Seward City Limits and Seward Meridian SW Portion NW 1/4 SE 1/4 Lying Within Seward City Limits Excluding West 330 Feet, within a Resource Management (RM) Zoning District 73 Sponsored by: Applicant Public Hearing: April 4, 2023 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2023-010 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO COLASKA INC. DBA QAP TO EXTRACT GRAVEL FROM PORTIONS OF THE RESURRECTION RIVER LOCATED ON SEWARD MERIDIAN SW NE 1/4 SW 1/4 AND SEWARD MERIDIAN SW WEST 330 FEET OF NW IA LYING WITHIN SEWARD CITY LIMITS AND SEWARD MERIDIAN SW PORTION NW 1/4 SE IA LYING WITHIN SEWARD CITY LIMITS EXCLUDING WEST 330 FEET; WITHIN A RESOURCE MANAGEMENT (RM) ZONING DISTRICT WHEREAS, Colaska Inc. dba QAP has applied for a Conditional Use Permit(CUP)from the Seward Planning and Zoning Commission to extract gravel from dewatered bars on portions of the Resurrection River located on parcels 14430041, 14430044, and 14430045; and WHEREAS,the property is in a Resource Management(RM) Zoning District; and WHEREAS, the RM zoning district allows commercial resource extraction from the surface, such as gravel, with an approved CUP; and WHEREAS,the applicant has already acquired the necessary floodplain permits for gravel extraction on the above stated parcels; and WHEREAS, the extracted gravel will be used locally in projects that the Alaska Department of Transportation will be working on this summer; and WHEREAS, the removal of gravel from the river will also help to mitigate and reduce flooding; and WHEREAS, the applicant has complied with all of the public hearing requirements of Seward City Code §15.01.040; NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. According to SCC 15.10.320.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. 74 Seward Planning and Zoning Commission Resolution No. 2023-010 Page 2 of 4 Finding: According to the Land Use Allowed Table, §15.10.226, "Resource extraction, commercial surface,i.e.,gravel,"is allowed within a Resource Management zoning district with a Conditional Use Permit. B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. The proposed use is congruent to the surrounding land uses. The land adjacent is also zoned Resource Management and Industrial, and is either vacant, or also being used for gravel extraction. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The proposal is in harmony with the Seward 2030 Comprehensive Plan (2017) and Strategic Plan (1999) Seward Comprehensive Plan (approved by Council,May 30, 2017) Vol I Ch 3.1.1.4 Support private sector business, employment, and programs. Vol I Ch 3.2.1.3 - Establish an attractive highway corridor from Mile 0 to 8. Vol I Chapter 2 & 3 both support the development and improvement of infrastructure within City limits. Strategic Plan (1999) "Promote economic diversity and encourages growth of year-round businesses." (Page 5). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. The parcels are accessed at 31825 Herman Leirer Road. Onsite water, septic, and power exist on the Kenai Peninsula Borough side. The parcels located within City limits do not have utilities, but the proposed use does not require utilities. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. The appropriate permits have been applied for and received for performing working in a floodway. The extraction of gravel from the river will help to mitigate and reduce flooding by increasing the area available for flood water flows. F. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use, and other similar aspects related to the proposed use. 75 Seward Planning and Zoning Commission Resolution No. 2023-010 Page 3 of 4 Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. The applicant shall maintain current floodplain permits while work is being performed in the floodway. 2. Per Seward City Code §15.10.325(f). an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 3. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 1, Subsections A through F are met by the applicant, and authorizes the administration to issue a conditional use permit to Colaska Inc. dba QAP to extract gravel from portions of the Resurrection River located on parcels 14430041, 14430044, and 14430045. 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. Nonconformance to these above stated conditions shall be grounds for revoking the Conditional Use Permit. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4tn day of April, 2023 THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair 76 Seward Planning and Zoning Commission Resolution No. 2023-010 Page 4 of 4 AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 77 i Y t w , " e % f WY. \ ��p e4 h I fir°` x ;xrl� two : u- yy� n j 41410 wr Ri e r e Conditional Use Permit for Material Extraction 800, 900, 1000 CITY LIMIT REM from Resurrection River, Northwest of Seward Drawn By. Selena Soto Highway N 0 245 490 980 Feet Due to different data sources property lines and aerial imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. Mapping Assistance by Alaska Map Company,LLC 78 CITY OF SEWARD Community Development P.0.Box 167 410 Maus Street �Z 907.224.4048-Director SCNVM_d,Alask,r 99664 907.224.4020- Planner 907.224.4049-Planning Assistant CONDITIONAL USE PERMIT APPLICATION This completed application is to be submitted to the Community Development Department no later than six (6)weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the$330 nonrefundable filing fee. In addition, please provide an as-built survey if the property has been developed or a scaled site plan with elevations if the property is undeveloped. Applicant: Colaska Inc. dba QAP Address.. 240 W. 68th Avenue Anchorage, AK 99518 Telephone Number: (907) 522-221 1 Email: pcummins@colaska.com Property Owner(if other than applicant): Address: Telephone Number: Email: Property Description Address: 31825 Herman Leirer Rd. Seward, AK 99664 Lot Size: 92.97 AC Lot: Block: Subdivision: Kenai Peninsula Borough Tax Parcel ID Number. 14430041 , 44, 45, 69, 72 Development information What structures are on the property? None How is the property being used? Material Extraction from Dewatered Bars What is the proposed use of the property? Material Extraction from Dewatered Bars What is the development timeline?For use on AKDOT projects within vicinity. Please note that prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit, it shall be established that the proposed use satisfies the following conditions of Seward City Code 15.10.320 (See the attached pages for specific City Code requirements) 79 A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. Resource Managment (RM) ,'es, the Property is Undeveloped and the extraction of ginvel will help sUPPU1 L B) Describe any impacts to the adjoining properties and how property values may be affected. This pfoperty has previetisly been permitted and operated as a resouree extraction souice without affect to ajoining properties. Them is no indication that fuithei intraction will cause impacts. C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: http://www.cityofseward.us/ The activity will Promote economic deveiOpment and i its to Omfrash ucture. D) Describe/list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.) The property would use the current access at 31825 Herman Leirer Rd. Emergency service vehicles can access property. Onsite water, septic & power exist on KPB side and will not be MQdified. E) The proposed project or use must not be harmful to the public health, safety and welfare. Describe any mitigation measures that may be needed to protect the public health,safety and welfare. F) Include building elevation plans and a site plan, drawn to scale.The site plan should include: 1) Property dimensions F 2) Location and dimensions of existing and planned buildings 171 3) Parking configuration 4) Driveways and access I J 5) Natural features ❑� f) Other pertinent information 76 80 I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge and that I have the following legal interest in the property: Owner of record I understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. Patrick S Cummins Digitally signed by Patrick S Cummins Applicant Signature: Date:2023.03.01 10:43:04-09'00' Property Owner Signature: Enclosed: I $330 Payment �✓ Dimensioned plot plan /drawings ✓ Other: Floodplain&Septic permits. Ops Plan 81 CITY OF SEWARD Flood lain Development Permit 2022-01 Extension 2023-01 City of Seward Floodplain Approval - Administrator's Use Only Applicant/Project Name: Colaska Inc. dba QAP — Material extraction of up to 50,000 cubic yards annually, from dewatered gravel bars of the Resurrection River Tax Parcel#'s and Legal Descriptions: Tax Parcel 14403041, 44 & 45,T 1N R l W SEC 27 SEWARD MERIDIAN SW NEIA SW1/4; T 1N R IW SEC 27 SEWARD MERIDIAN SW WEST 330 FT OF NW1/4 SETA LYING WITHIN SEWARD CITY LIMITS; T 1N R 1W SEC 27 SEWARD MERIDIAN SW PORTION NWIA SETA LYING WITHIN SEWARD CITY LIMITS EXCLUDING WEST 330 FT 1. Documentation Required_ [NA] COMPLETED Elevation Certificate, signed by a registered professional engineer, architect, or surveyor. [X] Detailed development plans showing dimensions, elevation, location, placement of any fill,drainage and any alteration to watercourse, septic and other facilities. (City of Seward Code- Section 15.25.040). See attached site plan showing gravel bars to be mined and location on stock piles out of Ftoodway& City Limits. [X] *FLOODWAY:Certification by a registered professional engineer that the development will not cause an increase in flood levels during the 100-year flood. See Attached No Rise Certification by Larson Engineering. [NA] Certification by registered professional engineer or architect that all specific standards for development are met. [X] Copies of all other required state, federal permits, if applicable. (If requested by City of Seward Community Development Department) See attached KPB river center permit and ADF&G Fish Habitat Permit [ X] Other: See attached application. 2. Pre-Construction Permit [NA] Permit approved subject to the above standards and conditions. [X] Applicant is responsible for obtaining all other required local, State and federal permits. [NA] Conditional Pre-Construction Permit denied(explanation attached) [NA] Referred to City of Seward Planning and Zoning Commission for variance action. [NA] Variance Approved(explanation attached) [NA] Variance Denied(explanation attached) 82 Remarks: Applicant will notify department annually or when development is completed. 1. This permit allows for the annual extraction of up to 50,000 cubic yards of material from the Resurrection River. The extraction of material shall not accelerate slope failure or erosion of the banks of the river. The material shall not be extracted from below the water table or within the wetted perimeter of the river. 2. The gravel extracted from the nver shall not be stored within the area of the river which is in City limits. 3. Issuance of this permit does not relieve the applicant of the responsibility of obtaining permits from other agencies, if needed. 01 31i2023 Date S en-, well,Permit �Icial� 11'21`2022 Signature is on City of Seward renewal application Date Colaska,dba QAP, Permitee THIS PERMIT IS VALID FOR ONE YEAR FROM THE ABOVE DATE. PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT TO RENEW THIS PERMIT. SUBJECT TO ALL MAPPING, FLOODWAY CONDITIONS AND ACTIVITIES CONDUCTED AS OUTLINED IN THE ENGINEERING ANALYSIS. 3. Final Post-Construction Permit [ ] Permit Approved. All standards and requirements described in this permit have been satisfactorily met. Fill Development has been completed. [ ] Permit Denied. Structure not in conformance with (cite applicable ordinance or regulation): 4. Remarks: Applicant will notify department when development is completed. _ 1 _ Date ign ure of Permit Official Recorded in the Seward Recording District Return to: City of Seward,Alaska Community Development Department P. O. Box 167 Seward, AK 99664 Page 2 of 2 83 1'ENI�sG7 Donald E . Gilman River Center R o v 514 Funny River Road, Soldotna, Alaska 99669 • (907) 714-2460 • (907) 260-5992 Fax A Division of the Planning Department Mike Navarre kMRCENTERBorough Mayor FLOODPLAIN DEVELOPMENT TIME EXTENSION PERMIT RC Number: 12319 11/21/2022 Issued: 11/21/2022 Expires: 12/31/2024 Colaska INC DBA QAP 240 W 65th Ave Anchorage , AK 99518 Dear Applicant: Pursuant to KPB Chapter 21.06, Floodplain Management, this is the floodplain development permit for your proposed project. Please review the entire document, as you are responsible for meeting all terms and conditions contained herein, and all development must remain in compliance with these regulations as long as they are located in the regulatory floodplain. Project Location KPB Parcel ID: 14403041 14403044 14403045 14403069 14403072 Legal Description: T1 N R1 W Sec 27 SM SW Physical Address: 31825 Herman Leirer Rd Floodplain Determination Map Panel: 02122C-4543E Effective Date: 10/20/2016 Flood Zone(s): A3, Floodway,X Project Description This permit authorizes a two year time extension for the annual excavation and stockpiling of up to 100,000 cubic yards of material from dewatered bars of the Resurrection River. When operations require the crossing of active side channels, a temporary bridge or temporary culverts will be placed, per Alaska Department of Fish and Game authorization (permit FH 18-V-0241), to move heavy equipment to and from the dewatered bars.Temporary stockpiling of material is authorized with the reminder that any alteration of the waterway, including to active side channels, that causes flooding to downstream properties is prohibited. Permit Conditions 84 The proposed project and associated activities must comply with the following conditions in addition to all standards detailed in KPB Chapter 21.06. Development that occurs in the regulatory floodplain that does not comply with these conditions or the provisions of KPB 21.06 is prohibited and constitutes a violation subject to enforcement under KPB 21.50. Each day a violation continues is a separate violation. In addition, this permit is only valid if all other federal, state and local permits are secured and if the project remains in full compliance with the regulations of those agencies. Material removed from the regulatory floodway must be placed in an appropriate and legal upland location in accordance with all local, state and federal regulations. It is the responsibility of the applicant to ensure that the location where dredged material is deposited is properly permitted, if necessary, and is not restricted by conservation easements or other prohibitive regulations. No additional material may be placed in the regulatory floodway without first submitting a conveyance calculation, or a "no-rise" certification,from a professional engineer or architect, licensed and registered in the State of Alaska, demonstrating that such placement of fill will not increase the Flood Protection Elevation (FPE) or otherwise alter the mapped floodplain. Stockpiling of material, the building of dikes or berms, and/or any placement or storage of any objects or equipment in the regulatory floodway are not authorized by this permit unless expressly described in the project description. When dredging in a streambed, material will be removed in shallow, even lifts so as not to create depressions that might entrap fish. Gravel removal will only be allowed on dewatered bars within the boundaries of the above-referenced parcel. No alteration of the watercourse is permitted; any alteration of the water course must be immediately corrected. All work will occur within the existing streambanks, and streambank vegetation shall not be disturbed. Advisories Federal regulation 44 CFR §59 states that this floodplain development permit is valid until the expiration date above, provided that work on this project begins within 180 days of the issue date. If work does not begin within 180 days, this permit will expire at the end of that period and you will be required to resubmit your application. KPB Chapter 21.06 states that all proposed construction or development in the flood hazard areas of the Kenai Peninsula requires that a floodplain development permit be secured prior to beginning any work. "Development" means any manmade 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. This also includes "substantial improvement" of existing structures, which is defined as improvements that total in value more than 50% of the structures pre- improvement value. Structures that are substantial improved or that suffer substantial damage (damage in excess of 50% of the structure's pre-damage value) must be brought into full compliance with current floodplain development regulations, regardless of when they were originally constructed. All encroachments in the regulatory floodway, including fill, new construction, substantial improvements, and other development are prohibited unless certification by an engineer or architect, licensed and 85 registered in the State of Alaska, is provided demonstrating, through hydrologic and hydraulic analyses, that these encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge. This certification is known as a conveyance calculation or a "no-rise" certification and must be submitted and verified before a floodplain development permit will be issued. The permittee named above is responsible for the actions of the contractors, agents, and any other persons who perform work to accomplish the approved plan. For any activity that deviates from the approved plan, the permittee shall notify the River Center and obtain written approval before beginning the activity. Compliance with the conditions and stipulations of all other necessary local, state and federal permits is required.The permittee is solely responsible for obtaining all necessary local, state, and federal permits before beginning work. Flood information used to issue this permit is based on the regulatory Flood Insurance Rate Maps (FIRMS) for the Kenai Peninsula Borough.This permit does not imply the referenced project areas will or will not be free from flooding or damage. Larger floods can and will occur on rare occasions.This information does not create liability on the part of the Borough, its officers or employees, or the Federal Insurance Administration, for any damage that results from reliance on this information. Please contact me with any questions or modifications to the permitted project activities at 907-714-2463 or ncarver@kpb.us. Sincerely, Nancy Carver Floodplain Administrator 86 1'ENI�sG7 Donald E . Gilman River Center R o v c' 514 Funny River Road, Soldotna, Alaska 99669 • (907) 714-2460 • (907) 260-5992 Fax A Division of the Planning Department Charlie Pierce kMRCENTERBorough Mayor FLOODPLAIN DEVELOPMENT PERMIT RC Number: 12989 5/1 1/2022 Issued: 5/1 1/2022 Expires: 12/31/2025 Colaska INC DBA QAP 240 W 68th Ave Anchorage, AK 99518 Dear Applicant: Pursuant to KPB Chapter 21.06, Floodplain Management, this is the floodplain development permit for your proposed project. Please review the entire document, as you are responsible for meeting all terms and conditions contained herein, and all development must remain in compliance with these regulations as long as they are located in the regulatory floodplain. There may be additional documentation required after your project is complete; see "Required Documentation" below. Any required documentation must be submitted prior to the expiration date shown above for your project to be in compliance. Project Location KPB Parcel ID: 14403072 Legal Description: T 1 N R 1 W SEC 27 SEWARD MERIDIAN SW 0000000 THAT PORTION OF THE EAST 388 FT OF THE WEST 718 FT OF THE W1/2 NE1/4 LYING SOUTH OF HERMAN LEIRER RD &THAT PORTION OF THE EAST 990 FT OF THE NW1/4 SE1/4 LYING NORTHEAST OF SEWARD CITY LIMITS Physical Address: 31825 HERMAN LEIRER RD Floodplain Determination Map Panel: 02122C-4543E Effective Date: 10/20/2016 Flood Zone(s): AE,SMFDA,X, Floodway Project Description This permit authorizes the installation of a septic system and water well. The property will be used for the parking of equipment being used in the area as well as parking for personnel vehicles and RV's. Nothing will be done in the floodway. Permit Conditions 87 The proposed project and associated activities must comply with the following conditions in addition to all standards detailed in KPB Chapter 21.06. Development that occurs in the regulatory floodplain that does not comply with these conditions or the provisions of KPB 21.06 is prohibited and constitutes a violation subject to enforcement under KPB 21.50. Each day a violation continues is a separate violation. In addition, this permit is only valid if all other federal, state and local permits are secured and if the project remains in full compliance with the regulations of those agencies. You are not permitted to conduct work in the regulatory floodway. Any work in the regulatory floodway requires the submission and review of a floodway analysis meeting FEMA-mandated guidelines, completed by a licensed and registered engineer, demonstrating that your project will not increase the base flood elevation or alter the conveyance of the waterway. If your project activities extend into the regulatory floodway, you will be in violation of this permit. All electrical, heating, ventilation, plumbing, and air-conditioning equipment, as well as other service facilities, must be elevated to or above the Flood Protection Elevation (FPE) or designed by a registered professional engineer so as to prevent water from entering or accumulating within the components during flooding conditions. Any new sanitary sewage system or well must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. Tanks must have structural components capable of resisting the effects of buoyancy.Any well casing top must be at or above Flood Protection Elevation (FPE) with a water tight seal. If below FPE, a dome type cap with conduit seal for the wire must be used to ensure a water tight seal. Onsite septic, holding tanks, and water wells must be approved by the Alaska Department of Environmental Conservation (ADEC): Alaska Department of Environmental Conservation 43335 Kalifornsky Beach Rd. - Suite 11 Soldotna, AK 99669-9792 (907) 262-5210/FAX (907) 262-2294 Recreational vehicles (RVs) within the regulatory floodplain are required to: a.) Be fully licensed and ready for highway use, on wheels orjacking system, and attached to the site only by quick disconnect types of utilities and security system; or b.) Be located in the floodplain for fewer than 180 days. If the RV meets neither of these conditions, it must immediately be removed from the regulatory floodplain or be brought into full compliance with the residential construction standards outlined in KPB 21.06.050(A) and (B) including elevation to or above the base flood elevation and anchoring on a permanent foundation. No trees, fill or other material may be stockpiled in the floodway. Advisories 88 Federal regulation 44 CFR §59 states that this floodplain development permit is valid until the expiration date above, provided that work on this project begins within 180 days of the issue date. If work does not begin within 180 days, this permit will expire at the end of that period and you will be required to resubmit your application. The permittee named above is responsible for the actions of the contractors, agents, and any other persons who perform work to accomplish the approved plan. For any activity that deviates from the approved plan, the permittee shall notify the River Center and obtain written approval before beginning the activity. Compliance with the conditions and stipulations of all other necessary local, state and federal permits is required.The permittee is solely responsible for obtaining all necessary local, state, and federal permits before beginning work. Flood information used to issue this permit is based on the regulatory Flood Insurance Rate Maps (FIRMS) for the Kenai Peninsula Borough.This permit does not imply the referenced project areas will or will not be free from flooding or damage. Larger floods can and will occur on rare occasions.This information does not create liability on the part of the Borough, its officers or employees, or the Federal Insurance Administration, for any damage that results from reliance on this information. Please contact me with any questions or modifications to the permitted project activities at 907-714-2463 or ncarver@kpb.us. Sincerely, Nancy Carver Floodplain Administrator 89 v OF T�y� THE STATE Department of Fish and Game 01AASK e HABITAT Section L lt,l, 1 So>ahcentral Region Office GOVERNOR MIKE DUNLEAVY 514 Funny River Road Soldctna,Alaska 99669-8265 ax'A L As Main:907.714.2475 Fax:907.260.5992 FISH HABITAT PERMIT FH2O-V-0199 ISSUED: November 17, 2020 EXPIRES: December 31, 2022 Colaska Inc., dba QAP Attn: Patrick Cummins 240 W. 68`h Avenue Anchorage, AK 99518 RE: Gravel Extraction and Stream Crossing Resurrection River— Stream No. 231-30-10080 Section 27, T 1N, R 1W, S.M. River Center Tracking No. 12319 Dear Mr. Cummins: Pursuant to the anadromous fish act at AS 16.05.871(b), the Alaska Department of Fish and Game (ADF&G), Habitat Section, has reviewed your proposal for a time extension to continue gravel mining operations within the Resurrection River floodplain.Fish Habitat Permit FH18-V-0241 was previously issued for this operation. Project Description Up to 100,000 cubic yards of material will be removed from dewatered bars with rubber-tired scrapers or front end loaders per year. This material will be removed and placed or stockpiled above the ordinary high water level of the Resurrection River. Equipment will access the gravel removal areas by using existing access locations. Equipment will need to cross two active side channels. Two methods of crossing are proposed: 1) A temporary bridge will be placed across the channel and removed after gravel extraction operations. The bridge would span the channel and not interfere with fish passage. The bridge would be removed prior to ice formation or if a significant rain occurs resulting in elevated water levels. 2) A squashed pipe culvert(s)placed in the side channel covered by fabric,then gravel to support equipment ford. The culverts would be removed first by scraping the gravel off,then pulling the fabric back and removing the culverts. The channel would then be restored to original contours. 90 Colaska, Inc., dba QAP —2— Issued: November 17, 2020 FH20-V-0199 Expires: December 31, 2022 This option would be used during the May 15 to July 15 fish window. Culvert placement and removal will occur only during this time frame. In addition, the total diameter (at stream bottom) of the culvert or multiple culverts shall be equal to or greater than 90% of the stream active channel to provide for fish passage. Squashed pipes will be used due to the temporary nature of the installment and the culvert not being embedded in the stream substrate. Anadromous Fish Act The Resurrection River has been specified as being important for the spawning, rearing, or migration of anadromous fishes pursuant to AS 16.05.871(a). The Resurrection River provides spawning and migration habitat for Chinook, sockeye, pink, chum and coho salmon and other species of resident fish. In accordance with AS 16.05.871(d), project approval is hereby given subject to the project description, the following stipulations, and the permit terms: I. ADG&G, Habitat Section shall be contacted at (907) 714-2475 three days prior to project initiation. 2. There shall be no equipment or vehicles operated, or materials removed from within the wetted perimeter(flowing waters) of the Resurrection River. Gravel shall be removed only from dewatered bars. Gravel removed from below the water table is authorized only if the gravel mining area is completely isolated from the flowing channels of the Resurrection River. 3. There shall be no gravel washing operations performed below the ordinary high water level of the Resurrection River, 4. There shall be no diverting, obstructing, or disturbing the flow of any channel of the Resurrection River. 5. Gravel shall be removed in shallow even lifts to avoid the creation of fish entrapment basins. All depressions and potholes created by gravel removal shall be connected to the Resurrection River channels or leveled to avoid fish entrapment. 6. Riverbanks and riverbank vegetation shall not be altered or disturbed during gravel removal operations. Permit Terms This letter constitutes a permit issued under the authority of AS 16.05.871 and must be retained on site during project activities. Please be advised that this determination applies only to Habitat Section regulated activities; other agencies also may have jurisdiction under their respective authorities. This determination does not relieve you of your responsibility to secure other state, federal, or local permits. You are still required to comply with all other applicable laws. 91 Colaska, Inc., dba QAP —3 — Issued: November 17, 2020 FH2O-V-0199 Expires: December 31, 2022 You are responsible for the actions of contractors, agents, or other persons who perform work to accomplish the approved project. For any activity that significantly deviates from the approved plan, you shall notify the Habitat Section and obtain written approval in the form of a permit amendment before beginning the activity. Any action that increases the project's overall scope or that negates, alters, or minimizes the intent or effectiveness of any stipulation contained in this permit will be deemed a significant deviation from the approved plan. The final determination as to the significance of any deviation and the need for a permit amendment is a Habitat Section responsibility. Therefore, it is recommended you consult the Habitat Section immediately when a deviation from the approved plan is being considered. For the purpose of inspecting or monitoring compliance with any condition of this permit, you shall give an authorized representative of the state free and unobstructed access, at safe and reasonable times, to the project site. You shall furnish whatever assistance and information as the authorized representative reasonably requires for monitoring and inspection purposes. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. You shall mitigate any adverse effect upon fish or wildlife, their habitats, or any restriction or interference with public use that the commissioner determines was a direct result of your failure to comply with this permit or any applicable law. You shall indemnify, save harmless, and defend the department, its agents, and its employees from any and all claims, actions, or liabilities for injuries or damages sustained by any person or property arising directly or indirectly from permitted activities or your performance under this permit. However, this provision has no effect if, and only if, the sole proximate cause of the injury is the department's negligence. You may appeal this permit decision relating to AS 16.05.871 in accordance with the provisions of AS 44.62.330-630. Please direct questions about this permit to Habitat Biologist Tony Munter at(907) 714-2478 or e-mail at tony.muntergalaska.gov. Sincerely, Doug Vincent-Lang Commissioner 93171k"11 @&16104n By: Brian Blossom Kenai Peninsula Area Manager Habitat Section cc: KRC File 92 Colaska, Inc., dba QAP —4— Issued: November 17, 2020 FH20-V-0199 Expires: December 31, 2022 By email only: AWT Seward ADF&G Anchorage COE—KFO KPB Floodplain 93 or 7, z��\ %%�s� THE S"I'XI'E Department of Fish and Game ~ 9 °f - J JABITA`I'SECTION ALASKA - --`-� Southccntral Region Office GOVERNOR MIKE DUNLEAVY 514 Funny River Rood Saldotna,Alaska 99669-8255 AS Mein:907.714.2475 Fax:907.260.5992 FISH HABITAT PERMIT FH20-V-0199 Amendment I ISSUED: March 2, 2023 EXPIRES: December 31, 2024 Colaska Inc., dba QAP Patrick Cummins 240 W. 681" Avenue Anchorage, AK 99518 RE: Gravel Extraction & Stream Crossing Resurrection River- Stream No. 231-30-10080 Section 27, T 1 N, R 1 W, S.M. River Center Tracking No. 12319 Mr. Cummins: Pursuant to the anadromous fish act at AS 16.05.871(b), the Alaska Department of Fish and Game (ADF&G), Habitat Section, has reviewed your request for a time extension for gravel extraction and stream crossings authorized by FH20-V-0199. Fish Habitat Permit FH20-V-0199 is amended, authorizing a time extension for the referenced activity. Your permit application and all materials, maps, and drawings are hereby adopted by reference into this permit. All terms and conditions of the original permit remain in effect. You may appeal this permit decision relating to AS 16.05.871 in accordance with the provisions of AS 44.62.330-630. Please direct questions about this permit amendment to Habitat Biologist Kaitlynn Cafferty at (907) 714-2481 or e-mail at kaitlynn.cafferty@alaskaraov. 94 QAP — 2 — Issued: March 2, 2023 FH20-V-0199-AI Expires: December 31, 2024 Sincerely, Doug Vincent-Lang Commissioner To-" M LA,� By: Tony Munter Kenai Peninsula Area Manager Habitat Section cc: KRC File By email only: AWT Seward ADF&G Anchorage COE — KFO Al Ott, ADF&G Fairbanks Stephanie Presley, SBCFSA dnr.scro@alaska.gov 95 CITY OF SEWARD RECEIPT # 46626 410 ADAMS STREET 3/20/2023 PO BOX 167 a SEWARD AK 99664 Received QUALITY ASPHALT PAVING y From 240 W 68TH AVENUE phone: (907) 224-4050 ANCHORAGE, AK 995181752 Lookup Name Payment Tvpe Check # Amounts 20457 QUALITY ASPHALT PAVING Check 0177438 Due 330.00 Tendered 330.00 Change Due Description• CONDITIONAL USE PERMIT 3/20 COALASKA INC Conditional Use Permit 330.00 96 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE ��'`'' ►+� urAupon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on Par�-L, 2-1 '� she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Seward Meridian SW NE 1/4 SW 1/4 and Seward Meridian SW West 330 Feet of NW 1/4 SE 1/4 Lying Within Seward City Limits and Seward Meridian SW Portion NW 1/4 SE 1/4 Lying Within Seward City Limits Excluding West 330 Feet; Located at 800, 900, & 1,000 City Limit Rem, as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this I day of IU&rc.- 2022. 97 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE it �`, ��` � , hereby certify that I have posted a Notice of'-"Public Hearing, as prescribed by Seward City Code ' 15.01.040/16.01.015 for the property located at Seward Meridian SW NE 1/4 SW 1/4 and Seward Meridian SW West 330 Feet of NW 1/4 SE 1/4 Lying Within Seward City Limits and Seward Meridian SW Portion NW 1/4 SE 1/4 Lying Within Seward City Limits Excluding West 330 Feet; Located at 800, 900, & 1,000 City Limit Rem, the owners of which have petitioned for a Public Hearing for a Conditional Use Permit to extract gravel from the Resurrection River within a Resource Management RM Zoning District. The notice was posted on a"(.ti o , which is Ao 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 20 day of � �� , 2023. Signature 98 Planning and Zoning Memorandum Meeting Date: April 4, 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. 99 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 Va*ess 3'eFhe., Nathaniel Charbonneau Victoria Monaco Brenan Hornseth Troy Staggs Sean Ulman Comprising a quorum of the Commission; and 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 100 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 101 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. 102 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 Clare Sullivan City Clerk Chair (City Seal) 103