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HomeMy WebLinkAbout05072019 Planning & Zoning Packet City of Seward Planning and Zoning Commission Regular Meeting M1w dr" t'y k a>Y • May 7, 2019 Seward Planning & Zoning Commission Regular Meeting May 7, 2019 7:00 p.m. City Council Chambers Cindy Ecklund Chair Term Expires 02/20 1. Call to Order Martha Fleming Vice Chair • Opening Ceremony Term Expires 02120 A. Pledge of Allegiance Gary Seese Commissioner 3. Roll Call Term Expires 02/22 Tom Swann 4. Special Reports & Presentations Commissioner Term Expires 02122 A. City Administration Report Craig Ambrosiani B. Other Reports, Announcements &Presentations Commissioner Term Expires 02/22 5. Citizens' Comments on any subject except those items Nathaniel Charbonneau scheduled for public hearing. [Those who have signed in Commissioner will be given the first opportunity to speak. Time is limited Term Expires 02121 to 3 minutes per speaker and 36 minutes total time for this Kelli Hatfield agenda item] Commissioner Term Expires 02121 6. Approval of Agenda and Consent Agenda. [Approval of Consent Agenda passes all routine items indicated by asterisk {*}. Consent Agenda items are not considered separately unless a Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda.] Scott Meszaros City Manager Brennan Hickok Assistant City Manager Jackie C. Wilde Planner Andy Bacon Planning Assistant Planning and Zoning Commission Meeting Agenda May 7, 2019 1/77 7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the first opportunity to speak] A. Unfinished Business Items requiring a Public Hearing—None B. New Business Items requiring a Public Hearing 1. Resolution 2019-006 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To Shelly Lindell To Operate A Mixed Use Six (6) Unit Multi Family Dwelling On Lot N10 Feet of Lot 36 and All of Lot 37 Block S, Original Townsite, Located At 232 Fifth Avenue; Within The Central Business (CB) Zoning District........Page 3 2. Resolution 2019-007 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To Kenai Peninsula Housing Initiatives, Inc. (KPHI) To Construct and Operate A Four (4) Unit Multi Family Dwelling On Lot 11A2 Fort Raymond Subdivision Replat No. 4, Located At 2204 Dimond Boulevard; Within The Multi-Family (R3) Residential Zoning District......................................................................Page 20 3. Resolution 2019-008 of The Planning And Zoning Commission Of The City Of Seward,Alaska, Granting A Conditional Use Permit To Brad Snowden To Operate A Mixed Use Four(4) Unit Multi Family Dwelling On Lot 35 and Lot 36 Block 23,Original Townsite,Located At 430 Fourth Avenue; Within The Office Residential (OR) Zoning District............................Page 42 S. Unfinished Business—None 9. New Business A. Discuss Title 14.05 Garbage and Refuse....................................... Page 59 B. Follow-up discussion of April 16, 2019 Lodging Work Session C. Set topic for May 21, 2019 Work Session D. Approval of April 2, 2019 Regular Meeting Minutes..................................Page 62 10. Informational Items and Reports (No action required)- A. Planning and Zoning"Did You Know"...................................................Page 70 B. PEMA Region X Newsletter......................................................................Page 71 C. 2019 Planning & Zoning Meeting Schedule............................................Page 74 D. City Calendars ........................................................................................Page 75 11. Commission Comments 12. Citizens' Comments [Limit to 5 minutes per individual—Each individual has one opportunity to speak] 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment Planning and Zoning Commission Meeting Agenda May 7, 2019 2/77 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-006 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO SHELLY LINDELL TO OPERATE A MIXED USE SIX (6) UNIT MULTI FAMILY DWELLING ON LOT N10 FEET OF LOT 36 AND ALL OF LOT 37 BLOCK 8, ORIGINAL TOWNSITE, LOCATED AT 232 FIFTH AVENUE; WITHIN THE CENTRAL BUSINESS (CB) ZONING DISTRICT WHEREAS, Shelly Lindell has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to operate a six unit multi-family dwelling at 232 Fifth Avenue, North 10 feet of Lot 36 and all of Lot 37 BIock 8, Original Townsite; and WHEREAS,the property is in the Central Business(CB) Zoning District; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.226, a dwelling, multi-family (3 or more units) is allowed in the Central Business Zoning District as a conditionally permitted use; and WHEREAS, the structure on the subject property was built in 1931, prior to zoning requirements for a Conditional Use Permit; and WHEREAS, in accordance with section 15.10.315 (h) (1), a use that was legal and did not require a Conditional Use Permit when it was initiated, but now requires a Conditional Use Permit and shall be considered a legal conforming use and may continue to exist as a conditional use subject to the provisions of this chapter and may be modified in accordance with section 15.10.320; and WHEREAS, in accordance with section 15.10.320 (g)(4), Conditional Use Permits may be transferred from one owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained; and WHEREAS, the applicant has applied for a lodging permit, seeking to change the use of the dwelling from long-term rental to a mixed use of long-term and short-term rentals; and WHEREAS, having complied with the public notification process; on May 7, 2019, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. 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 3/77 Seward Planning and Zoning Commission Resolution No. 2019-006 Page 2 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: This condition has been met. The property is zoned Central Business (CB). The Central Business District provides 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. A multi-family dwelling is allowed in the Central Business District by conditional use permit from the Planning and Zoning Commission. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The neighboring properties include the City Hall Annex building, Seward Community Library, and a single family home. The subject property was developed in 1931 as a multi-family dwelling. The applicant has stated that they intend to renovate the building exterior, and have completed some interior renovations. There is no indication that the development will negatively impact the value of adjoining properties. 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 2030 Comprehensive Plan {approved by Council,May 30, 2017) 3.2.1 Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values (Page 13) Stratepaic Plan (1999) The Strategic Plan promotes residential and commercial development inside the City (Page 9). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. Adequate water, sewer, and power are available to the property as well as adequate fire, police and solid waste disposal services. City code requires that every business within the City must provide containers suitable for refuse collection (SCC 14.05). Construction waste and debris must be removed weekly and upon completion of construction. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been established or shall be through the conditions. Based on Code, two parking spaces are required per dwelling unit, plus 1/2 space for every unit larger than 2 bedrooms or greater than 1,000 square feet in size. Although 4/77 Seward Planning and Zoning Commission Resolution No. 2019-006 Page 3 within the Central Business District no on-site parking is required for commercial uses, the applicant has indicated four (4) on-site parking spaces are available. The building shall meet all building and fire code requirements and be reviewed through the building permit process. Adequate fire and police services are available to the property. 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 prior to the issuance of any business licensing relating to the mixed use of the property. 2. 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. 3. All parking and maneuverability shall remain on site for the life of the use. Four (4) parking spaces are required, as indicated on the submitted site plan. 4. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. Construction waste and debris shall be removed weekly and upon completion of construction. 6. 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. 7. 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. 5/77 Seward Planning and Zoning Commission Resolution No. 2019-006 Page 4 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 authorizes the administration to issue a conditional use permit for a six unit multifamily dwelling to Shelly Lindell at 232 Fifth Avenue, North 10 feet of Lot 36 and all of Lot 37 Block 8, Original Townsite subject to the above conditions. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320; Conditional use permits, and authorizes the administration to issue a conditional use permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 71" day of May, 2019. THE CITY OF SEWARD Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 6/77 P&Z Agenda Statement Meeting Date: May 7, 2019 Through: Jackie C. Wilde, Planner From: Andy Bacon, Planning Assistant Agenda Item: Request for a Conditional Use Permit(CUP)to operate a mixed use six unit multi-family dwelling at 232 Fifth Avenue,North 10 feet of Lot 36 and all of Lot 37 Block 8, Original Townsite BACKGROUND & STIFICATION: Shelly Lindell has applied for a Conditional Use Permit(CUP)to operate a mixed use six unit multifamily dwelling at 232 Fifth Avenue, in the Central Business (CB) Zoning District. The structure presently located at 232 Fifth Avenue is a six-unit multifamily dwelling that was constructed in 1931, prior to the zoning requirement for a Conditional Use Permit. In accordance with Seward City Code section 15.10.315 (h)(1),a use that was legal and did not require a Conditional Use Permit when it was initiated, but now requires a Conditional Use Permit and shall be considered a legal conforming use and may continue to exist as a conditional use subject to the provisions of this chapter and may be modified in accordance with section 15.10.320. In accordance with Seward City Code section 15.10.320 (g)(4), Conditional Use Permits may be transferred from one owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. The applicant has applied for a lodging permit for this property,seeking to change the use of the dwelling from long-term rental to a mixed use of long-term and short-term rentals, thereby necessitating a Conditional Use Permit application. SURROUNDING LAND USE AND ZONING: The Central Business District provides 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. The surrounding properties are all zoned Central Business District, and include the City Hall Annex, Seward Community Library, and single family homes. There are commercial properties located to the West, across Fifth Avenue. Development Requirements: The six unit multi-family dwelling meets some Zoning Code Development Requirements (Table 15.10.220) including building setbacks, lot coverage, and building height.The subject property is 4,000 square feet, therefore the building does not meet minimum buildable lot size for multifamily dwellings or studio apartments.The building was constructed in 1931,prior to zoning requirements,and is therefore a nonconforming structure. 7/77 Seward Planning and Zoning Commission Agenda Statement Page 2 Floodplain status: According to the FEMA Flood Insurance Rate Map, is not located within a flood hazard area. Utilities: Water, sewer, and power are 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.All construction waste and debris must be removed weekly and upon completion of construction. Parking: Based on SCC§15.10.215 (b), two parking spaces are required per dwelling unit,plus ih space for every unit larger than 2 bedrooms or greater than 1,000 square feet in size. Although within the Central Business District no on-site parking is required for commercial uses,the applicant has indicated four(4) on-site parking spaces are available. CONSISTENCY CHECKLIST: Yes No N/A Seward Comprehensive Plan.(2030): 3.2.1 Promote residential and commercial development within the City 1' X of Seward and its vicinity in accordance with community values (Page13) Strategic Plan (1999) 2. The Strategic Plan promotes residential and commercial development X inside the City Limits (Page 9). Public Notice: Property owners within three hundred (300) feet of North 10 feet of Lot 36 and all of Lot 37 Block 8, Original Townsite were notified of this proposed conditional use permit action. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code§15.01.040 were met. At the time of this publication staff has received no inquiries regarding the proposed Conditional Use Permit. If any comments are received after this publication, they will be presented to the Commission as a laydown at the May 7, 2019 meeting. 8/77 Seward Planning and Zoning Commission Agenda Statement Page 3 Staff Comment• Staff has reviewed the Conditional Use Permit application and no objections were reported. Department Comments No NIA Comment Building Department Required fire separation/protection and life safety items will need to be verified Electric Department X Fire Department This is a change of use from long term rentals to mixed occupancy which includes nightly rentals. This change will require stamped architectural drawings showing that fire and life safety re uirements have been met. Harbor Department X Police Department X Public Works Department X Recommended Conditions: 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications prior to the issuance of any business licensing relating to the mixed use of the property. 2. 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. 3. All parking and maneuverability shall remain on site for the life of the use.Four(4) parking spaces are required, as indicated on the submitted site plan. 4. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. Construction waste and debris shall be removed weekly and upon completion of construction. b. 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. 7. 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. 9/77 Seward Planning and Zoning Commission Agenda Statement Page 4 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: The Community Development Department staff recommends approval of Resolution 2019-006 granting Conditional Use Permit 2019-05 to Shelly Lindell to operate a six(6)unit multi family dwelling on North 10 feet of Lot 36 and all of Lot 37 Block 8,Original Townsite, located at 232 Fifth Avenue; within the Central Business Zoning District 10/77 City of Seward MAR 21 2019 CrrY OF SEWARD Conzui jai}7:,�,1.'ti}(a �u)i_'1"� .- - 8�0�17i6nt - yca:tF'cl,:4i�iska<i'r+iri 4 - CONDITIONAL USE PERMIT APPLICATION This completed application is to be submitted to the Community Development Department no later than three(3)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$250 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: C r Address: Telephone Number: CJ - �_<��ff-? Ema(�l:� Property Owner(if other than applicant): ;�I�IG }I Y-:I!�V Address: Telephone Number: Email: ,r1')�[i�/UGt(YIQ.� C (/1'Z`l/ � Property Description Address: 5 f fro AP Lot Size: 1 Lot: 43 Block: R Subdivision: ( is jLki S—ecj'­ .r�{jL�V 'I', M YMIiAn Kenai Peninsula Borough Tax Parcel ID Number: J419136,?�Z Development Information What structures are on the property? f' T + "7 r Mow is the property being used? Q`, • e D G 'C What is the proposed use of the property? / 6 t 2 What is the development timeline? 1 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) 1 1/77 city of se word MAR 21 2019 Community Development A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. 4z tv r J y .?4 r Uf r 9 It B) Describe any impacts to the adjoining properties and how property values may be affected. 9 �lA i ,per �S 11V f,6/n�( 1-70,4 e�, C) How is the IV use consistent with the Seward Comprehensiive Plan? Explain.You can view the plan at: hfp-1/www.cityofseward.us/ `' i -{a 'r, r r' ill-, c be-eii"5� P� i D} �r I'fJ fpj�!L�/�I I t' /4j oic PCUVL✓r [:O�/• Ql7 h J escribe 1 list the public services and facilities that will serve the proposed use.(i.e.,roads, utilities.) !'Cl 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. Alice 12 4111, ` c :<<a fr _. F) Include building elevation plans and a site plan,drawn to scale.The site plan should include. 7) Property dimensions 2)Location and dimensions of existing and planned buildings 3)Parking configuration 4)Driveways and access 5)Natural features 6)Other pertinent information 12/77 (�... city Of Se ward MAR 2120 lg COi MUNty DevelOpnient 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 Lessee { )Contract purchaser ( )Authorized to act for a person who has the following legal interest: 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. r. Applicant Signature: r Property Owner Signature: . `Zj i Enclosed: $250 Payment { Dimensioned plot plan I drawings { Other: { ) 13/77 bue, Ni5kriaed appec,.A' &nJ keas,na6le, rAe5, b0L at7d 1)��hl-ll The - Slue rfl-r-e Me 9�. -e6, Sea- Ilk 4 aw f IW�11 mluw-e-,) 4lue- t'�n Rfe, City of Seward MAR 2 12019 Community Devefslpnjl,,; 14/77 cl y of S,Wcwd MAR 2 12019 4, A P AD 7 15/77 efty Of StWtsrd MAR 212019 16/77 City or Soward MAR 212019 Community Development G O � K&W INTERIORS Name: Address: 9300 OLD SEWARD HIGHWAY, RNCHOR11GE, ALASKA 99515 SHOWROOM (907) 344-3080 5AX (907) 349-5373 Drawing by: Date: 17/77 MAR z 1 1- Community Developme 1 � k f I � s 7 4 i f E 18/77 _ O .3 DAMk , r d ' C o:Y. r+ ar x, 50 ,19 X , v . 3 �M i 1 , es 2019-006: CUP for mixed use 232 Fifth Avenue ightly and monthly rental In CBD N Drawney AB3/29/2019 Due to different data sources property lines and aerial p 50 100 200 Feet imagery do not overlay correctly. Map is to be used for # orientation and reference purposes only. Mapping Assistance by Alaska Map Company, LLC 19/77 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-007 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO KENAI PENINSULA HOUSING INITIATIVES, INC. (KPHI) TO CONSTRUCT AND OPERATE A FOUR (4) UNIT MULTI FAMILY DWELLING ON LOT 11A2 FORT RAYMOND SUBDIVISION REPLAT NO. 4, LOCATED AT 2204 DIMOND BOULEVARD; WITHIN THE MULTI-FAMILY (R3) RESIDENTIAL ZONING DISTRICT WHEREAS, Kenai Peninsula Housing Initiatives, Inc. (KPHI) has requested a Conditional Use Permit (CUP) to construct and operate a 4 unit senior housing development on Lot 11A-2, Fort Raymond No. 4; within the Multi-Family Zoning District(R3); and WHEREAS, in accordance with the Land Uses Allowed Table §15.10.226, Dwelling, multi-family (three or more units) is allowed within the Multi-Family Zoning District (R3) by CUP; and WHEREAS, the developer and architect have met the development requirements for a four unit multi-family dwelling within the submitted site plan received on March 20, 2019; and WHEREAS, having complied with the public notification process; on May 7, 2019, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. In accordance with SCC§15.10.320(D), the Planning and Zoning Commission has reviewed the applicant's request for a CUP to construct and operate a four (4) unit multi-family dwelling on Lot 11A-2, Fort Raymond, located at 2200 Dimond Blvd. and declared the following Findings of Fact: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: This condition has been met. The property is zoned Multi-Family (R-3) Residential. The project site plan meets all setback, structure height and parking requirements. The proposed multi-unit development is consistent with the purpose of the Zoning Code and the Multi-Family Zoning District. B. The value of adjoining property will not be significantly impaired 20/77 Seward Planning and Zoning Commission Resolution 2019-007 Page 2 Finding: This condition has been met. The adjoining properties to the north include the remainder of Lot 11A, used as the Forest Acres Park. To the west is the large City owned parcel, zoned Institutional, leased to the US Army for a resort and lodging. Areas to the south and southwest include a City owned parcel, zoned Auto Commercial, and a vacant parcel abutting the Seward Highway, zoned Institutional. The parcel to the east is used for campgrounds and the Bittick Bike Park, also zoned Institutional. There is no indication the proposed senior housing facility will negatively impair the value of any adjoining properties. C. The proposed use is in harmony with the Seward Comprehensive Plan. Seward 2030 Comprehensive Plan (approved by Council,May 30, 2017) The Comprehensive Plan recommends continuing every effort to encourage the development of affordable housing for Seward's growing housing needs. 3.3.1 Encourage development of new housing in Seward 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups Strategic Plan (1999) The Strategic Plan encourages the expansion and availability of affordable, diverse, year- round housing (Page 18). Public Services and facilities are adequate to serve the proposed use. Findings: This condition has been met. Access to the parcel will be from the public right-of-way (ROW) of Dimond Boulevard. All public utilities of water, sewer, and electric are available in the adjacent ROW and/or utility easement. If any additional utility needs arise during development they will be the sole responsibility of the developer. E. The proposed use will not be harmful to the public safety, health or welfare. Findings: This condition has been met. There is no evidence the 4-unit apartment complex will cause any additional concerns to public safety, health or welfare. This parcel is currently developed with a 5-unit apartment complex. The new construction shall meet all current building and fire code requirements and be reviewed through the building permit process. Adequate fire, police and solid waste disposal services are available to the property. Animal/Bird (Bear) resistant dumpsters/containers are required by City Code. Landscaping vegetation for undeveloped and non-parking lot areas shall be required by the CUP. Adequate room for parking is provided on the submitted site plan, and all driveway maneuverability is planned on site. 21/77 Seward Planning and Zoning Commission Resolution 2019-007 Page 3 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: L The applicant shall obtain a current Building Permit before construction begins on the site. 2. The applicant shall start a Job Order and work with the City Electric Department to provide the required electric power needs. 3. Exterior lighting shall be approved during the Building Permit process in accordance with SCC§15.10.215(h.)(1.). 4. All parking and maneuverability shall remain on site for the life of the use. 5. Construction waste and debris shall be removed weekly and upon completion of construction. 6. Bear-proof / bird resistant containers shall be provided for all garbage and refuse for the life of the use. 7. The applicant shall provide landscaping to all areas not utilized by the structures, parking areas and drive surfaces. Landscaping shall facilitate the control of dust and the visual impact on neighboring properties. 8. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 9. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval. B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 2. The Planning and Zoning Commission finds 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 authorizes the administration to issue a Conditional Use Permit to construct and operate a four (4) unit multi- family development on Lot 11A-2, Fort Raymond No 4, within the Multi Family Zoning District (R3), as generally depicted on site plan dated 3/20/2019 and included with this Resolution. 22/77 Seward Planning and Zoning Commission Resolution 2019-007 Page 4 Section 3. The Planning and Zoning Commission further finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320; Conditional Use Permits, and authorizes the administration to issue a Conditional Use Permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7t' day of May 2019. THE CITY OF SEWARD Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC, City Clerk (City Seal) 23/77 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-008 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO BRAD SNOWDEN TO OPERATE A MIXED USE FOUR (4) UNIT MULTI FAMILY DWELLING ON LOT 35 AND LOT 36 BLOCK 23, ORIGINAL TOWNSITE, LOCATED AT 430 FOURTH AVENUE; WITHIN THE OFFICE RESIDENTIAL (OR) ZONING DISTRICT WHEREAS, Brad Snowden has applied for a conditional use permit from the Seward Planning and Zoning Commission to operate a multi-family dwelling at 430 Fourth Avenue, Lot 35 and Lot 36, Block 23, Original Townsite; and WHEREAS,the property is in the Office Residential (OR) Zoning District; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.225, a dwelling, multi-family (3 or more units) is allowed in the Office Residential Zoning District as a conditionally permitted use; and WHEREAS, the structure on the subject property was built in 1984, prior to zoning requirements for a Conditional Use Permit; and WHEREAS, in accordance with section 15.10.315 (h) (1), a use that was legal and did not require a Conditional Use Permit when it was initiated, but now requires a Conditional Use Permit and shall be considered a legal conforming use and may continue to exist as a conditional use subject to the provisions of this chapter and may be modified in accordance with section 15.10.320; and WHEREAS, in accordance with section 15.10.320 (g)(4), Conditional Use Permits may be transferred from one owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained; and WHEREAS, the applicant has applied for a lodging permit, seeking to change the use of the dwelling from long-term rental to a mixed use of long-term and short-term rentals; and WHEREAS, having complied with the public notification process; on May 7, 2019, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. 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: 24/77 Seward Planning and Zoning Commission Resolution No. 2019-008 Page 2 A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: This condition has been met. The property is zoned Office Residential (OR). The Office Residential zoning district is intended to provide for medium density residential, commercial and office development designed to act as a transition zone between the high density central business district and surrounding medium-high density residential districts. A multi-family dwelling is allowed in the Office Residential District by conditional use permit from the Planning and Zoning Commission. The present structure on the property is sited on two originally platted 30 x 100 Original Townsite lots. City Code §12.01.030 states that: no building, except a single-family residence, may be constructed across platted property lines. The applicant must vacate the interior lot line between Lot 35 and Lot 36 to be compliance with City Code. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The neighboring properties to the north and south are residential. The parcel to the north consists of multi-family housing. The parcels to the west, across Fourth Avenue include a church, and a mixed use office and residential building. The parcels to the east, across the alley consist of single-family homes. There is no indication that the development will negatively impact the value of adjoining properties. 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 2030 Comprehensive Plan (approved by Council,May 30, 2017) 3.2.1 Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values(Page 13) Strategic Plan(1999) The Strategic Plan promotes residential and commercial development inside the City (Page 9). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. Adequate water, sewer, and power are available to the property as well as adequate fire, police and solid waste disposal services. City code requires that every business within the City must provide animal proof containers suitable for refuse collection (SCC 14.05). Construction waste and debris must be removed weekly and upon completion of construction. Off-street parking shall be provided in accordance with §15.10.215. The submitted site plan shows a total of four 2 bedroom apartments, at approximately 800 square feet per 25/77 Seward Planning and Zoning Commission Resolution No. 2019-008 Page 3 unit. A total of 8 off street parking spaces shall be required for the life of the building. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. This four unit multi-family dwelling will not be harmful to the public safety, health or welfare. The building shall meet all building and fire code requirements and be reviewed through the building permit process, prior to the issuance of any business licensing relating to the mixed use of the property. The submitted parking plan includes some parking in the rear of the building. A dedicated lighted walkway shall be provided for access to the rear parking lot from the front entrance of the building. 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 complete an interior lot line vacation prior to the issuance of any business licensing relating to the mixed use of the property. 2. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications prior to the issuance of any business licensing relating to the mixed use of the property. 3. 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. 4. All parking and maneuverability shall remain on site for the life of the use. Eight (8) parking spaces are required, per Seward City Code §15.10.215(b). 5. A lighted walkway shall be provided for residents to access rear parking from the front entrance of the building 6. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use. The trash receptacle shall be screened from view with fencing, as described on submitted site plan. 7. Construction waste and debris shall be removed weekly and upon completion of construction. 8. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 26/77 Seward Planning and Zoning Commission Resolution No. 2019-008 Page 4 9. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval. B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 1, Subsection F. are met by the applicant, and authorizes the administration to issue a conditional use permit for a four unit multi-family dwelling to Brad Snowden at 430 Fourth Avenue, Lots 35 and 36, Block 23, Original Townsite subject to the above conditions. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320; Conditional use permits, and authorizes the administration to issue a conditional use permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 71h day of May, 2019. THE CITY OF SEWARD Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 27/77 P&Z Agenda Statement Meeting Date: May 7, 2019 Through: Jackie C. Wilde, Planner ` From: Andy Bacon, Planning Assistant Agenda Item: Granting a Conditional Use Permit to KPHI to construct and operate a 4-unit senior housing development on Lot 1IA-2, Fort Raymond Subdivision, Replat No. 4, located at 2200 Dimond Blvd. within the Multi-Family Zoning District(R-3) BACKGROUND & JUSTIFICATION: Applicant Kenai Peninsula Housing Initiatives, Inc. (KPHI) has requested a Conditional Use Permit (CUP) to construct and operate a 4 unit senior housing development on Lot I IA-2, Fort Raymond No. 4; within the Multi-Family Zoning District(R3). The proposed multi-family dwelling is the second phase of the Harmony Villas Apartments, senior housing designed for independent living, that was initiated and developed in 2016. On May 26, 2015 the City Council approved Resolution 2015-046 authorizing the disposal of the approximate 1.7 acres of the south portion of City owned Lot i IA, Fort Raymond Subdivision for the sole purpose of developing a senior housing facility by Kenai Peninsula Housing Initiatives, Inc. (KPHI). The Council also required KPHI, at its own expense, to complete all replatting and rezoning necessary for the development of the facility and provide proof of financing sufficient for the project. SURROUNDING LAND USE AND ZONING: The adjoining properties to the north include the remainder of Lot 11A, used as the Forest Acres Park. To the west is a large City owned parcel, zoned Institutional, leased to the US Army for a resort and lodging. Areas to the south and southwest include a City owned parcel, zoned Auto Commercial, planned for future private development through the lease process, and a vacant parcel abutting the Seward Highway, zoned Institutional. The parcel to the east is used for campgrounds and the Seward Bike Park, also zoned Institutional. Floodplain status. According to the FEMA Flood Insurance Rate Map, this property is not located in a special flood hazard area. 28/77 Utilities: The property is served by existing public utilities and access via Dimond Boulevard. The developer will continue to work with staff, through the building permit process, to address development needs. Adequate fire, police and trash services are available. Parking: Seward City Code§15.10.215 Parking, requires that two (2) parking spaces per unit, plus 1/a space for every unit larger than 2 bedrooms or greater than 1,000 square feet in size. All maneuverability shall be provided on site within the Multi-Family Zoning District. The apartment units depicted on the project plans are no larger than 2 bedrooms and are sized under 1,000 square feet. The applicant has provided a parking plan that shows two (2) parking spaces for each unit and all maneuverability on site. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2020, approved by Council August 8, 2005): 1. 3.3.1.1 Support a range of housing choices that meet the needs of X people in various income and age groups. (page 22) 2 Strategic Plan (Approved by Council Resolution 99-043): X Expand availability of affordable, diverse, year-round housing. Public Notice: Property owners within three hundred (300) feet of Lot 11A2, Fort Raymond Replat No. 4 were notified of this proposed conditional use permit action. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication staff has received no inquiries regarding the proposed Conditional Use Permit. If any comments are received after this publication, they will be presented to the Commission as a laydown at the May 7, 2019 meeting. Staff Comment: Staff has reviewed the Conditional Use Permit application and no objections were reported. Department Comments No N/A Comment Building Department X Electric Department X Harbor Department X Police Department X Public Works Department X 29/77 ..................... RECOMMENDED CONDITIONS: 1. The applicant shall obtain a current Building Permit before construction begins on the site. 2. The applicant shall start a Job Order and work with the City Electric Department to provide the required electric power needs. 3. Exterior lighting shall be approved during the Building Permit process in accordance with SCC§15.10.215(h.)(1.). 4. All parking and maneuverability shall remain on site for the life of the use. 5. Construction waste and debris shall be removed weekly and upon completion of construction. 6. Bear-proof / bird resistant containers shall be provided for all garbage and refuse for the life of the use. 7. The applicant shall provide landscaping to all areas not utilized by the structures, parking areas and drive surfaces. Landscaping shall facilitate the control of dust and the visual impact on neighboring properties. 8. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 9. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval. B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. RECOMMENDATION: The Community Development Department staff recommends approval of Resolution 2019-007, granting Conditional Use Permit 2019-06 to Kenai Peninsula Housing Initiatives, Inc. (KPHI) to construct and operate a 4-unit multi-family dwelling on Lot 11A2, Fort Raymond Replat No. 4, located at 2200 Dimond Boulevard within the Multi-Family Zoning District subject to the conditions provided. 30/77 CITY OF SEWARD Community Development P. () Box 167 y0i._y`��.�U-<f) �� 1)94 #('i'S far_ �j�) 1damssueel WECEI�/ d.Alaska 096t; y 'per.....w.rsiliE'�, CONDITIONAL USE PERMIT APPLICATION This completed application is to be submitted to the Community Development Department no later than three (3)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 $250 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: Kenai Peninsula Housing Initiatives Inc. Address: P.O. Box 1869, Homer AK 99603 Telephone Number: 907-235-4357 Email: brandy@kphi.net Property Owner(if other than applicant): Address: Telephone Number: Email: Property Description Address: 2204 Dimond Blvd Lot size: 1.7 acres Lot: 11A-2 Block: Subdivision: Kenai Peninsula Borough Tax Parcel ID Number: 14502626 Development Information What structures are on the property? A 5 pllex of Independent Senior Housing How is the property being used? Independent Senior Housing What is the proposed use of the property? Independent Senior Housing What is the development timeline? Project to be started ASAP and completed May 2020. 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 f 5.10.320 (See the attached pages for specific City Code requirements) 31/77 A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. A 4-plex of Senior Housing (Harmony Villas Phase II) is consistent with current zoning (R3) B) Describe any impacts to the adjoining properties and how property values may be affected. None. C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain.You can view the plan at: http://www.citvofseward.usl The development meets the needs of Senior Citizens, an under-served population in Seward. D) Describe I list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.) All utilities have been brought onto the site previously,for the development of Phase I. 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. N/A F) Include building elevation plans and a site plan, drawn to scale, The site plan should include: 1) Property dimensions 2) Location and dimensions of existing and planned buildings 3) Parking configuration 4) Driveways and access 5) Natural features 6 Other pertinent information 32/77 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: fjqWw of record ( )Lessee ( )Contract purchaser ( ?Authorized to act for a person who has the following legal interest: 1 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 nx*fings are held the first Tuesday of every month. 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Mapping Assistance by Alaska Map company, LLC 41/77 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-008 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO BRAD SNOWDEN TO OPERATE A MIXED USE FOUR (4) UNIT MULTI FAMILY DWELLING ON LOT 35 AND LOT 36 BLOCK 23, ORIGINAL TOWNSITE, LOCATED AT 430 FOURTH AVENUE; WITHIN THE OFFICE RESIDENTIAL (OR) ZONING DISTRICT WHEREAS, Brad Snowden has applied for a conditional use permit from the Seward Planning and Zoning Commission to operate a multi-family dwelling at 430 Fourth Avenue, Lot 35 and Lot 36, Block 23, Original Townsite; and WHEREAS, the property is in the Office Residential (OR) Zoning District; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.225, a dwelling, multi-family (3 or more units) is allowed in the Office Residential Zoning District as a conditionally permitted use; and WHEREAS, the structure on the subject property was built in 1984, prior to zoning requirements for a Conditional Use Permit; and WHEREAS, in accordance with section 15.10.315 (h) (1), a use that was legal and did not require a Conditional Use Permit when it was initiated, but now requires a Conditional Use Permit and shall be considered a legal conforming use and may continue to exist as a conditional use subject to the provisions of this chapter and may be modified in accordance with section 15.10.320; and WHEREAS, in accordance with section 15.10.320 (g)(4), Conditional Use Permits may be transferred from one owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained; and WHEREAS, the applicant has applied for a lodging permit, seeking to change the use of the dwelling from long-term rental to a mixed use of long-term and short-term rentals; and WHEREAS, having complied with the public notification process; on May 7, 2019, the Seward Planning and Zoning Commission held the required public bearing on the Conditional Use Permit application. 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: 42/77 Seward Planning and Zoning Commission Resolution No. 2019-008 Page 2 A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: This condition has been met. The property is zoned Office Residential (OR). The Office Residential zoning district is intended to provide for medium density residential, commercial and office development designed to act as a transition zone between the high density central business district and surrounding medium-high density residential districts. A multi-family dwelling is allowed in the Office Residential District by conditional use permit from the Planning and Zoning Commission. The present structure on the property is sited on two originally platted 30 x 100 Original Townsite lots. City Code §12.01.030 states that: no building, except a single-family residence, may be constructed across platted property lines. The applicant must vacate the interior Iot line between Lot 35 and Lot 36 to be compliance with City Code. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The neighboring properties to the north and south are residential. The parcel to the north consists of multi-family housing. The parcels to the west, across Fourth Avenue include a church, and a mixed use office and residential building. The parcels to the east, across the alley consist of single-family homes. There is no indication that the development will negatively impact the value of adjoining properties. 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 PIan (1999) Seward 2030 Comprehensive Plan{approved by Council,May 30, 20-17) 3.2.1 Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values(Page 13) Stratestic Plan (1999) The Strategic Plan promotes residential and commercial development inside the City (Page 9). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. Adequate water, sewer, and power are available to the property as well as adequate fire, police and solid waste disposal services. City code requires that every business within the City must provide animal proof containers suitable for refuse collection (SCC 14.05). Construction waste and debris must be removed weekly and upon completion of construction. Off-street parking shall be provided in accordance with §15.10.215. The submitted site plan shows a total of four 2 bedroom apartments, at approximately 800 square feet per 43/77 Seward Planning and Zoning Commission Resolution No. 2019-008 Page 3 unit. A total of 8 off street parking spaces shall be required for the life of the building. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. This four unit multi-family dwelling will not be harmful to the public safety, health or welfare.The building shall meet all building and fire code requirements and be reviewed through the building permit process, prior to the issuance of any business licensing relating to the mixed use of the property. The submitted parking plan includes some parking in the rear of the building. A dedicated lighted walkway shall be provided for access to the rear parking lot from the front entrance of the building. 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 complete an interior lot line vacation prior to the issuance of any business licensing relating to the mixed use of the property. 2. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications prior to the issuance of any business licensing relating to the mixed use of the property. 3. 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. 4. All parking and maneuverability shall remain on site for the life of the use. Eight (8) parking spaces are required, per Seward City Code §15.10.215(b). 5. A lighted walkway shall be provided for residents to access rear parking from the front entrance of the building b. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use. The trash receptacle shall be screened from view with fencing, as described on submitted site plan. 7. Construction waste and debris shall be removed weekly and upon completion of construction. 8. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 44/77 Seward Planning and Zoning Commission Resolution No. 2019-008 Page 4 9. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval. B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 1, Subsection F. are met by the applicant, and authorizes the administration to issue a conditional use permit for a four unit multi-family dwelling to Brad Snowden at 430 Fourth Avenue, Lots 35 and 36, Block 23, Original Townsite subject to the above conditions. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320; Conditional use permits, and authorizes the administration to issue a conditional use permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7`h day of May, 2019. THE CITY OF SEWARD Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Sea]) 45/77 P&Z Agenda Statement ' Meeting Date: May 7, 2019 Through: Jackie C. Wilde, Planner From: Andy Bacon, Planning Assistant Agenda Item: Request for a Conditional Use Permit(CUP)to operate a mixed use four unit multi-family dwelling at 430 Fourth Avenue, Lot 35 and Lot 36, Block 23, Original Townsite BACKGROUND&_JUSTIFICAT)ION: Brad Snowden has applied for a Conditional Use Permit (CUP)for a mixed use four unit multi-family dwelling at 430 Fourth Avenue, in the Office Residential(OR)Zoning District. The structure currently located at 430 Fourth Avenue is a four unit multi-family dwelling that was constructed in 1984,prior to the zoning requirement for a Conditional Use Permit. In accordance with Seward City Code section 15.10.315(h)(1),a use that was legal and did not require a Conditional Use Permit when it was initiated, but now requires a Conditional Use Permit and shall be considered a legal conforming use and may continue to exist as a conditional use subject to the provisions of this chapter and may be modified in accordance with section 15.10.320. In accordance with Seward City Code section 15.10.320 (g)(4), Conditional Use Permits may be transferred from one owner to another for the same use, but if there is a change in use on the property,a new permit must be obtained. The applicant has applied for a lodging permit for this property,seeking to change the use of the dwelling from long-term rental to a mixed use of long-term and short-term rentals, thereby necessitating a Conditional Use Permit application. SURROUNDING LAND USE AND ZONING: The Office Residential zoning district is intended to provide for medium density residential,commercial and office development designed to act as a transition zone between the high density central business district and surrounding medium-high density residential districts. The neighboring properties to the north and south are residential. The parcel to the north consists of multi-family housing.The parcels to the west, across Fourth Avenue include a church, and a mixed use office and residential building. The parcels to the cast, across the alley consist of single-family homes. Development Requirements: The four unit apartment building meets some Zoning Code Development Requirements(Table 15.10.220) including, building setbacks, lot coverage, building height. The subject property is 6,000 square feet, therefore the building does not meet minimum buildable lot size for multifamily dwellings or studio apartments. The building was constructed in 1984, prior to zoning requirements, and is therefore a nonconforming structure. The structure on the property is sited on two originally platted 30 x 100 Original Townsite lots.City Code §12.01.030 states that: no building, except a single-family residence, may be constructed across 46/77 Seward Planning and Zoning Commission Agenda Statement Page 2 platted property lines.The applicant shall be required to vacate the interior lot line between Lot 35 and Lot 36 to be compliance with City Code. Floodplain status: According to the FEMA Flood Insurance Rate Map, is not located within a flood hazard area. Utilities: Water, sewer, and power are 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.The trash receptacle shall be screened from view with fencing. All construction waste and debris must be removed weekly and upon completion of construction. Parking: Off-street parking shall be provided in accordance with§15.10.215.The submitted site plan shows a total of four 2 bedroom apartments, at approximately 800 square feet per unit. A total of 8 off street parking spaces shall be required for the life of the building. CONSISTENCY CHECKLIST: Yes No N/A Seward Comprehensive Plan (2030): 3.2.1 Promote residential and commercial development within the City 1. of Seward and its vicinity in accordance with community values X (Page 13) Strategic Plan (1999) The Strategic Plan promotes residential and commercial development X 2' inside the City Limits (Page 9). Public Notice: Property owners within three hundred(300)feet of Lot 35 and Lot 36,Block 23,Original Townsite were notified of this proposed conditional use permit action. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication staff has received one inquiry regarding the proposed Conditional Use Permit. If any comments are received after this publication, they will be presented to the Commission as a laydown at the May 7, 2019 meeting. 47/77 Seward Planning and Zoning Commission Agenda Statement Page 3 Staff Comment: Staff has reviewed the Conditional Use Permit application and no objections were reported. Department Comments No N/A Comment Building Department A one hour unit fire separation will need to be verified Electric Department X Fire Department A one hour unit fire separation will need to be verified Harbor Department X Police Department Provide security lighting on side of building for persons who park in rear of building. Concerned about parking in front of building. Currently there are tents in the parking area, and there is no street parking available in front of the building or along that side of Fourth Avenue Public Works Department X Recommended Conditions: 1. The applicant shall complete an interior lot line vacation prior to the issuance of any business licensing relating to the mixed use of the property 2. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications prior to the issuance of any business licensing relating to the mixed use of the property. 3. 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. 4. All parking and maneuverability shall remain on site for the life of the use.Eight(8) parking spaces are required, per Seward City Code §15.10.215(b). 5. A lighted walkway shall be provided for residents to access rear parking from the front entrance of the building 6. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use.The trash receptacle shall be screened from view with fencing, as described on submitted site plan. 7. Construction waste and debris shall be removed weekly and upon completion of construction. 8. Per Seward City Code§15.10.325.F. an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six month 48/77 . . . ..................... Seward Planning and Zoning Commission Agenda Statement Page 4 extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 9. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval. B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. RECOMMENDATION: The Community Development Department staff recommends approval of Resolution 2019-008 granting Conditional Use Permit 2019-07 to Brad Snowden to operate a mixed use four (4) unit multi family dwelling on Lot 35 and Lot 36, Block 23, Original Townsite, located at 430 Fourth Avenue; within the Office Residential Zoning District 49/77 City of Seward MAR 05 2019 Corn ty Development 11-; RAMMM �tk.'.Ci-��s3v-v:rs CITY OF SEWARD COMMUNITY DEVELOPMENT OFFICE (yam C� P.O. Box 167 0 Seward, Alaska 99664 �el (907) 22.4-4048 CONDITIONAL USE PERMIT APPLICATION This completed application is to be submitted to the Community Development Department no later than three f3) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting held the first Tuesday of each month. The application must be accompanied by the $250.00 filing fee; and if property .is already developed, an as-built serve prepared by a surveyor registered in the State of Alaska; or scaled site and elevation plans for undeveloped land, APPLICANT INFORMATION Applicant: j r) Address: ' . 0 Telephone No.� Property Owner(if other than applican ?: Address: Telephone No.: PROPERTY DESCRIPTION c Address; �_��f Lot Size: X1c. (acres/SF) 123 Lot Block Subdivision 910 Tax Parcel No. Land Use Plan Designation: Zoning Designation: DEVELOPMENT PROPOSAL INFORMATION A. What structures are located on the property? �°7�►`1' B. What is the existing use of the property? ik o 'l i.W1 �c�Gir C. What is the proposed use of the propert D. What is your development time schedule? CUP PERMIT 3 t/89 1 of 3 50/77 s r Of eWard .. " MAR 05 Zo ig Community Oevelopmen.t E. Prior to the Seward Planning and zoning Commission granting a Conditional Use Permit (CUP), it shall be established that the use satisfies the following conditions (SCC § 15.10.320): The applicant hereby alleges that- 1. The use is consistent with the purpose of the Seward Zoning Code and the purposes of the zoning district: 2. The.value of the adjoining property will not be significantly impaired: �� ss^ C� �-1 Y'�E '► d t i L 3. The proposed use is in harmony with the Seward Comprehensive Plan: 4. Public services and facilities are adequate to serve the proposed use: `I �S 5. The proposed use will not be harmful to the public safety, health or welfare: Y-e-s" 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. CUP,PERMIT 11199 2 of 3 '1./77... Cif!/Of Seward h MAR 05 2019 F. Include building elevation plans and a site plan, drawn to scale. 'The site plansho�uld Vel0PjT1t)1 include: a) property dimensions; b) location and dimensions of existing and planned , buildings; c) parking configuration; d) drivewayslaccess; e) n tural features; and f) � other pertinent information. llYgc 7 I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge, and that I, as applicant, have the following legal interest in the property: . M— Owner of record; ( ) Lessee; { } Contract Purchaser; { ? Authorized to act for a person who has the fallowing legal interest: I also 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 meeti held t e firs ednesdey of each month. Applicant's Signature: Property Owner's Signature Enclosed: Fee: $250 Site Plan i ) Elevation Plans ( } Location Map { ) Other 3 of 3 CUP PERMIT 11199 52/77 CITY OF SEWARD RECEIPT# 26590 410 ADAMS STREET 2/04/2019 PO BOX 167 SEWARD AK 99664 Received phone: (907) 224-4050 From Lookua Name Payment Type Check # Amounts 11122 COMMUNITY DEVELOPMENT Cash Due 250.00 Tendered 250.00 Change Due Description: conditional use permit Brad Snowden - 430 4th Ave Taxes Payable - Sales 16.35 Zoning Fees 233.65 C#kof a F�-B 13�Ol �7'm�ni 9 tYDoVelopme�i 53/77 �` t: Per your Request Addendum for Conditional Use 1. I believe that the proposed use is consistent with the purpose of the Seward Zoning Code based on the changing demand in Seward and the ever growing demand for nightly lodging. Based on the adjacent property owners use as nightly lodging (see 426 4th Ave,Ursa Manor B&B—next door to the south), (438 4th Ave, 6plex 2 bedroom units to the north Student Housing during winter months and occasional construction workers as well as monthly and nightly housing for transient workers at the Sea Life Center as well as a few others), (440 41h Avenue, also to the north and next to the other 6plex, a 6plex comprising of 6 2 bedroom units used for the same purpose as the adjacent 438 building), (433 4" Ave. located across the street that is a church providing no housing and no off street parking) and (437 41h Ave. which is comprised of 3 two bedroom units, "Alaska Properties"that does nightly rentals and a Real Estate office with 4 or more Real Estate Sales people) and the fact that today this property would more likely qualify as Auto Commercial zoning today. 2. I believe that the proposed use would add to the adjacent properties value based on my over 35 years of business experience and the increase in the value of itself. 3. ??? 4. The proposed use as nightly rental and to operate with all the same privileges granted to hotels, i.e. gift shop, coffee and food items would be appropriate in the event that breakfast or barbeque in the evening or a meet and greet function were to be a part of the business. (In the event that facilities were required to meet state code all requirements to meet DEC requirements would be met. 5. Any and all activities would be lawful and meet with all state statutory and regulatory requirements. These requirements are in place to provide that there will not be any harmful to public safety, health or welfare business conducted. 54/77 C NV'Id VOOIA "..—11.1— NJOMONS U"M )M'OUVA"S.,u— jj 1: �e Lu LL > Lu D cq L-.& c-V .0-.9 .9-S ........... ............I.......... .............. 21 N. 4) ---------- .01 .......... ................................................................ ...................Z70,11 ................... ........... ................... Ctty at Seward JUL 25 2018 Community Development 55/77 f NV'Id NOOK aNunrrzo s uriwas>n, ���,� a Q F w y,,¢ k30MON5 Otla9 1Zm •�� rrc•aankas nour�o, � �� 5 :, �3oow3a x3�a+ t33eus yr+aca i�3r'vad 0o u Wccl�r f i LLI U GN7 c r LLJ Li: C� F—s, o � o ............ JIL z z I ,I m - I � I � Y cz'V €' .., ..,..... J �r LL � f Y .....,... s u, I d I• ...... .-__ _._ �y N JUL 25 201 ni pevelo ant 56/77 k - PC- T � - 1— . r. .r_ r- iDvs � i rTLI l r 6F� VI I MADls6N °t do LL m k i q Y A I Res 2019-008: CUP for mixed use 430 Fourth Avenue 4 pleX in OR Zone - Drawn By: AB3/29/2019 Du to di erent ata sources property sires and aerial 0 50 100 200 Feet imagery do not overlay correctly. Map is to be used for # orientation and reference purposes only. Mapping Assistance by Alaska Map Company, LLC 58/77 Chapter 14.05 - Garbage and Refuseu Footnotes: --- (3) --- State Law reference- See AS 29.35.050 for state provisions allowing municipalities to provide for a system of garbage and solid waste services; see AS 29.35.060 for state provisions allowing municipalities to grant franchises; see § 7_10.210 et seq. as to garbage disposal in trailer courts. 14.05.010 - Refuse service provided and required. (a) Every person occupying and/or owning any house, apartment building, duplex, triplex, condominium, townhome, mobile home park or home outside of a mobile home park, trailer, other residential or commercial dwelling or commercial building, including buildings under construction, within the city shall use and pay for the system of refuse disposal provided in this chapter, unless the person utilizes a carrier holding a valid permit from the Regulatory Commission of Alaska. (b) The city shall either provide or contract for collection and disposal of refuse. The public works department of the city or the contractor shall prescribe routes and days for collection. When such routes or days are established or changed, reasonable notice thereof shall be given to affected customers. No other carrier other than one authorized by the Regulatory Commission of Alaska may collect, dispose, or remove refuse from any premises in the city. Nothing in the preceding sentence shall be deemed to prohibit an occupant and/or owner from removing or causing the removal of refuse accumulated on the premises occupied by him and disposing of the same in a lawful manner. Disposing of one's own refuse does not however, eliminate the mandatory requirement to pay for solid waste service. (Ord. 415, 1975; Ord. 428, 1976; Ord. 504, 1982; Ord. No. 2012-008, § 1, 9-10-2012; Ord. No. 2015-004, § 1, 10-12-2015) 14.05.015 - Deposit of refuse. (a) No person shall place or deposit any refuse in or upon any public alley, street or highway, sidewalk, park or other public place in the city except as herein expressly authorized. No person shall place any refuse on land of another. (b) Dumpsters or trash receptacles located on public property may only be used for depositing small quantities of refuse generated in connection with public activities such as picnicking, camping, touring, pleasure boating, sport fishing, or other outdoor recreation. No person shall deposit refuse generated by residential, commercial, or industrial uses in or near any dumpster or trash receptacle located on public property. No person shall deposit refuse in or near any dumpster or trash receptacle located on public property contrary to any instructions posted on or near the dumpster or trash receptacle. 59/77 (c) No person shall deposit refuse in a private dumpster without the owner's consent. Owners of dumpsters may post signage on or near privately owned dumpsters stating that unauthorized use is a violation of the City Code. (d) Violation of this section is subject to a fine of $100.00 for each offense. (Ord. 504, 1982; Ord. 96-28) 1.4.05.020-Transportation. No person shall transport refuse within the city unless it is transported in a covered or enclosed vehicle or one which is loaded in such manner as to prevent any of the contents from escaping. (Ord. 417, 1976; Ord. 504, 1982) 14.05.025 - Use of containers and placement. (a) Every person occupying and/or owning a building in the city shall provide containers suitable for collection of refuse. All refuse such as vacuum cleaner dust, nonexplosive liquids, sweepings and other refuse that poses a hazard to collection or risk of spillage in normal collection shall be individually packaged prior to placement in a container. (b) Customer containers shall be placed abutting a dedicated public right-of-way. Only city containers may be placed upon the public right-of-way. (Ord. 504, 1982; Ord. No. 2012-008, § 2, 9-10-2012) 14.05.030 - Container specifications generally. (a) All containers shall conform to the following minimum specifications: (1) Shall not exceed ninety-six gallons capacity; (2) Shall not exceed two hundred twenty pounds when filled; (3) Shall not exceed sixty-five pounds empty weight; (4) Shall be watertight with an animal-proof lid and of adequate durability for continued use. No corrugated cardboard box shall be used except as herein provided. No fifty or fifty-five gallon steel petroleum drums or the like shall be permitted, whether cut down or otherwise altered. (b) Certain bulk rubbish and waste material containers may be approved by the public works department of the city. Such containers shall be kept in a clean and sanitary condition and shall be provided with tight lids. (Ord. 504, 1982; Ord. 95-06; Ord. No. 2012-008, § 3, 9-10-2012) 60/77 14.05.035 - Container racks. Containers or container racks shall be designed so as to prevent the upsetting or spillage by wind, weather, animals, or accident. Violation of this section due to bear attractants is subject to a fine of one hundred dollars for each offense. The fine for the first offense only will be waived upon proof of purchase or lease of the appropriate containment measure (e.g. locking dumpster lid, bear-resistant dumpster, or bear- resistant garbage can), provided the containment measure is in place within thirty days of the date of the violation. More than one violation of this section by dumpster customers will require the occupant and/or owner to obtain a locking dumpster lid or bear-resistant dumpster for the period May through October. In addition to the one hundred dollar fine, more than one violation of this section by customers utilizing garbage cans will require the occupant and/or owner to purchase or lease a bear- resistant garbage can. (a) Containers or container racks shall not be placed on the public right-of-way. (Ord. 504, 1982; Ord. 95-06; Ord. No. 2012-008, § 4, 9-10-2012) 14.05.040 - Frequency of collection. All garbage and rubbish receptacles shall be emptied at least weekly. All garbage and rubbish receptacles shall at all times be kept clean by the person occupying and/or owning the property. All waste material must be removed at least once each month. Building or construction waste and debris shall be removed weekly and upon completion of construction. (Ord. 504, 1982; Ord. No. 2015-004, § 2, 10-12-2015) 14.05.045 - Brush, tree trimmings, etc. Brush, trees, lawn cuttings or similar materials shall be securely bound in bundles not to exceed two feet in diameter. They may be placed in disposable cardboard containers. Branches or logs shall not be more than three inches in diameter or more than four feet in length. Containers shall not exceed 65 pounds in weight. (Ord. 504, 1982) 14.05.050 - Large boxes, crates, etc. Large appliance cartons, shipping crates or small non-bulky items or furniture and similar materials shall be disassembled prior to collection. (Ord. 504, 1982) 61/77 City of Seward,Alaska Seward Planning &Zoning Commission Minutes April 2, 2019 Volume 7, Page 323 CALL TO ORDER The April 2, 2019 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Cindy Ecklund. OPENING CEREMONY Commissioner Charbonneau led the pledge of allegiance to the flag ROLL CALL There were present: Cindy Ecklund presiding, and Martha Fleming Gary Seese Craig Ambrosiant., Tom Swann Kelli Hatfield Nathanlal CharbOzuieau Comprising a quorum of the Board; and Also Present Brennan Hickok, Assistant City Manager Jackie Wilde, Planner Andy Bacon, Planning Assistant SPECIAL ORDERS,PRESENTATIONS AND t TORTS Administration Report. Jackie Wilde updated the Commission on the fo,lPw ng business items • Community Development staff has been processing many lodging permits and bu ldm mit applicarioris, and the building season is picking up. Agency andp"itting informat ozi day is coming up on Apri123ra • There is an upccaining eornmunity wide emergency preparedness exercise on April 1W. The tsunami alarm will sound and City staff will be setting up the EOC. Participation is normandatory„lout encouraged. Other Reports, AnnQuncemen*.,and Presentations-None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Swann/Fleming) Approve the agenda and consent agenda Motion Passed Unanimous 62/77 City of Seward,Alaska Seward Planning &Zoning Commission Minutes April 2, 2019 Volume 7, Page 324 The following item was approved on the Consent Agenda: Approval of March S, 2019 Regular Meeting Minutes New Business Items requiring a Public Hearing Resolution 2019-002 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To Steven Chang To Operate Four-Plex In The Urban Residential Zoning District At 1103 Second Avenue, Lot 19C, Block 11, Ennis Carlson Bencardino Replat Wilde stated that the subject property was permitted as a tr p1e by a past CUP, and the applicant approached Community Development seeking to the structure as a four-plex and change the use from long-term housing to short-term,xental City Code would require a new CUP application regardless of the change in use in#hi$scenario Wilde stated that there were no staff objections. One citizens' comment was received aftcr publication of,the meeting packet, and is presented to the Commission as a laydowt, 'The Building Departmm.t. stated that there must be a 1 hour rated fire separation between each of the proposed units iri the four plex. Notice of public hearing being posted and published�required by law wag`'noted and the public hearing was opened. Carol Griswold, inside city, stated that she`had sent comments about this item to the Commission and also wished to;have them in the record this evenug. City code does not allow multi-family dwellings in the C7R zoning district outright, they-must be approved by CUP. The original CUP issued for.this property was based,& providing long term housing. As this is a residential zone, the CUP should require conditions that protect the residential nature of the neighborhood Please consider modifying some conditions to reflect year-round residential use, including providing individual refuse containers.instead of dumpsters, requiring that a shed be moved..out'of the property line setback, and stating that the cabin shown on the site plan shall not be used for;;:sleeping purposes, as 'required by Code. Griswold further recommends a snow storage plan, and a reduction in::.;the number of parking spaces shown on the parking plan to the minimum required by code. Hearing no one wishing to speak, the public hearing was closed. Motion (Swann/Fleming) Approve Resolution 2019-002 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To Steven Chang To Operate Four-Plex In The Urban Residential Zoning District At 1103 Second Avenue, Lot 19C, Block 11, Ennis Carlson Bencardino Replat 63/77 .......... ........ .. . .. .. ....................... City of Seward,Alaska Seward Planning do Zoning Commission Minutes April 2, 2019 Volume 7, Page 325 Chair Ecklund made a point of order; based on the proposed use as short term rental in the application, Ecklund asked if any Commissioners who owned short term rentals would like to recuse themselves from the discussion for conflict of interest. Commissioners Hatfield and Ambrosiani elected to recuse themselves from discussion on this item and stepped down from the dais. Commissioner Swann stated that he felt there was no conflict. Ecklund asked Swann if there would be significant financial impact on his business. Swann stated that there was no significant financial impact. Discussion followed regarding the contents of the application. Swann chose to remain at the dais, with no objection from the Chair or Commission. Motion (Fleming/Ecklund) Amend the.`third `whereas' to strike the word"office" and replace with "urban" Motion Passed Unanimous Fleming stated that she agreed with Ms Griswold regarding her.. comments about trash receptacles. Swann stated that he would like to see inclusion of the words`bear proof.' Ecklund stated a concern over the frequency that a dumpster may be,emptied, and cited an example she was aware of where a dumpster was emptied monthly. Commission discussed refuse collection in general. Fleming discussed having personal knowledge of this property in the past and was concerned about whether or not past upgrades were done to fire safe code standards. Motion (Fleming/Charbonneau) Amend condition number four to add the words°'bear-proof' Motion Passed >Unanimous` Commissioner Swvann stated that this CUP application review would be a good opportunity to address anykno"pEoperty setback'"issues that exist Commission concurred. Motion�T+leming/Charbonneau) Add condition number eight "The applicant shall adhere to all required property setbacks for the Urban Residential zoning district" Motion Passed Unanimous Seese asked about the parking requirement, and whether or not the Commission ought to be concerned about there being too much space available, as indicated on the site plan. Chair Ecklund asked what the minimum requirement was for the property. Staff and Commission discussed parking requirements for the property. It was determined, based on individual apartment unit quantity and size, that nine spaces were required for the proposed four-plex. Motion (Swann/Seese) Amend condition number three to specify that nine (9) parking spaces shall be required, per City Code 64/77 ............................................................... .. City of Seward,Alaska Seward Planning &Zoning Commission Minutes April 2, 2019 Volume 7, Page 326 Motion Passed Unanimous Chair Ecklund stated that review of this permit was made difficult by conflicting code language, and that indicates a need to review our lodging ordinance. Ecklund stated that the inclusion of"house on a nightly basis" in our land uses table did not fit in with any definitions for "Dwelling" and is not referenced in the land uses allowed section of Title 15. Ecklund requests that a work session be held in the future to review the lodging ordinance and resolve the conflicts made apparent by this application. Ecklund further stated that she did not think that a 4 plex used for lodging purposes fit within the definition and intention of the urban residential zoning district. Ecklund also referenced 15.10.135 "conflicts between city codes" provision, which states that in such cases, the most restrictive regulation shall apply. Main Motion Passed as Amended AYES: Swann, <Seese, Charbonneau, Fleming WOES: Ecklund ABSTAIN: Hatfield, Ambrosiani Commissioner Hatfield and Commissioner Ambrosiani returned to the Dais Resolution 2019-003 ©f The`Planning And Zoning"Commission Of The City Of Seward, Alaska, Granting A ',Conditional Use Per ''To Four Seasons Marine Services To Construct And Operate A.Ten (1Q}.Unit Studio Apartment Building On Lots 2 & 3 Block 7, Federal Addition, Located At 703 Third Avenue Within The Auto Commercial Zoning District Wilde stated that the applicant is seeking to develop an approximately 10,000 square foot parcel with a two story studio apartment building consisting of ten 500 square foot units. Wilde stated that the project meets development requirements, including those for open area. Wilde stated that city staff reviewed the project and the application was property noticed to the public. One citizen comment was received during the application review. Bacon stated that a citizen who owned property on Second Avenue emaled comments objecting to the project due to increased noise and traffic in the area, and stated that the level of density was inappropriate. Wilde discussed the content of staff comments, Arid noted that staff comments were reflected in the recommended conditions. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Cole Petersen, outside city, stated that he supports this application and thinks it will fit in really well. 65/77 .... ... . . ... ....................... ........................................................ . .. .......... . ...... . City of Seward,Alaska Seward Planning &Zoning Commission Minutes April 2, 2019 Volume 7, Page 327 Carol Griswold, inside city, asked where the location of trash collection would be given that the parking extends the width of the parcel. Griswold stated that most people own more than one vehicle, and possibly boats or RVs, and is concerned about only having one parking space per individual unit. Griswold complemented the appearance of the building and stated she is certain the project would be well executed, but as a general principle would like to see more parking required for residential uses. Chair Ecklund relaxed the rules to allow applicants to address Commissioner and citizen questions Tom Tougas, inside city, discussed the background and motivation for initiating the project. Tougas equated this development to an extended stay hotel, used for longer term stays needed for visiting workers. Tougas stated that his team had already addressed:some concerns noted during the staff review, and introduced his project manager, Andy Loettcher to provide additional details. Andy Loertscher, inside city, stated that he had brought a#ydown site plan�t shows area for snow storage, trash receptacles, and a landscaping plan.Lscher stated he world be willing to answer any additional questions from the Commission orthepublic. Chair Ecklund asked what type of trash receptacles were proposed,for the apartment. Loertcher replied that they would, be single, bear-proof cans, and that they intended to sign up for twice weekly collection service. In response to Fleming, L.oertscher stated that the parking lot had been modified from the original plan to provide area and access for snow storage on the property. Hearing no one else wishing to speak, the public hearing was closed. Motion (Swann/Fleming) Approve Resolution 2019-003 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To Four Seasons Marine Services To Construct And Operate A Ten (10) Unit Studio Apartment Building On Lots 2 & 3 Block 7, FederaI Addition, Located At 703 Third Avenue Within The Auto Commercial Zoning District Motion (Fleming/Swann) Amend condition number 6 to include "bear proof" in the description of refuse containers 66/77 City of Seward,Alaska Seward Planning&Zoning Commission Minutes April 2, 2019 Volume 7, Page 328 Motion Passed Unanimous Ecklund asked, for clarification on the record, how many parking spaces were required for the Petersen studio apartment development, and for this development, noting that one space per unit was required and these are one bedroom units. Swann asked what the maximum size for a studio apartment was, and whether or not these me the criteria. Wilde confirmed that the maximum size was 500 square feet, and these apartments were within that limit. Main Motion Passed as amended AYES: Swann, Ambrosiani, Seese, Hatfield, Fleming, Charbonneau, Ecklund NOES: f Resolution 2019-004 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To Exit Glacier Guides to Operate A Parking Lot On Lots 21-23 Block 10 Laubner Addition. Located;at 1100 Second Avenue, In The Urban Residential Zoning District Wilde stated that the applicant is requestug the use of this parcel as a parking lot to support the needs of their business, which is located across Van Buren street. Wilde specified that the Urban Residential zoning of this property necessitates a conditional use.permit. Wilde stated that this public hearing item was properly noticed and no citizen comments were received. Wild also stated that department staff"had opportunity to review the application and discussed the comments received by City staff Notice of public hearing being posted and published as required by law was noted and the public he�was opened. Carol Griswold, inside city,;stated that.she was she was pleased to see this application to secure additional parking since it was a problem at their original location. Griswold asked why the storage provided on the proper tywas noted`as being temporary instead of permanent. Brendan Ryan, outside city, introduced himself as a co-owner of the business, and stated that the intention is to reduce the impact of parking on neighboring streets. Ryan stated that the noted storage structure would be a covered area for guests to get organized out of the rain. Hearing no one else wishing to speak, the public hearing was closed. Motion (Swann/Ambrosiani) Approve Resolution 2019-004 of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To Exit Glacier Guides to Operate A Parking Lot On Lots 67/77 City of Seward,Alaska Seward Planning &Zoning Commission Minutes April 2, 2019 Volume 7, Page 329 21-23 BIock 10 Laubner Addition, Located at 1100 Second Avenue, In The Urban Residential Zoning District Fleming stated she supported proving additional parking to reduce the impact on neighbors, and hoped that the applicants will maintain a nice appearance of the property. Swann asked if any on the Commission thought that the permit should require a garbage can. Ecklund stated that she though the proposal fit with the location, and supported the inclusion of the visual/vegetative buffer along Second Avenue. Hatfield thanked the applicants,.for providing extra parking and helping to reduce the burden on city parking lots in the harbor::area. Motion (Swann/Ambrosiani) Amend <eondition number 6 to include that -bear proof containers shall be used for refuse collection Motion Passed Unanimous Main Motion Passed AYES: Hatfield, Swann, Fleming, Ambrosiani, Seese, Charbonneau, Ecklund NOES: UNFINISHED BUSINESS—None NEW BUSINESS Resolution 2019-005 of The Planning ;And Zoning Commission of The City of Seward, Alaska, Recommending City Council Approval of The Planning and Zoning Commission Priorities From April 2019 to April 2020 Wilde stated that these priorities were derived from the Planning and Zoning joint work session with Council, and`are being brought forward tonight for approval before moving to Council for final approval. Motion (Swann/Hatfield) Approve Resolution 2019-005 of The Planning And Zoning Commission of The City of Seward, Alaska, Recommending City Council Approval of The Planning and Zoning Commission Priorities From April 2019 to April 2020 Swann asked about the inclusion of discussion of the historic district, and confirmed it's inclusion in the resolution 68/77 City of Seward,Alaska ,Seward Planning &Zoning Commission Minutes April 2, 2019 Volume 7, Page 330 Motion passed Unanimous Item C. Set topic and location for April 16,2019 Work Session Commission discussed and set the work session topic to discuss City Code revisions for lodging. Due to scheduling conflicts this work session would need to be held in the City Hall Annex. Commission Comments Hatfield- Stated that the is happy to see building projects coming forward that address the need for long term housing Charbonneau-Thanked staff for their work Seese- Stated that he agrees with all other commissioners' comments. Seese stated that he is happy to see developers cutting down trees and putting nice buildings up. Ambrosiani- Cites more building projects for increased housing, and..local business helping to solve parking problems as positive changes to the,community Swann- Apologized for speaking to quickly sometimes, and does not intend to cut anyone short Fleming- Stated that she appreciates the level of detail at which Carol Griswold reviews P&Z packet content Ecklund- Stated that she tries to find a Way.to say "yes"to items that are brought before her as a commissioner, but finds it very difficult at times when there are conflicts in our City Code. Ecklund further stated that she appreciates a thorough meeting packet, public attendance at meetings, and the act of either fixing up old buildings .or constructing new buildings that help address our need for yerou:nd ar- housing. Citizens' Comments John Weisel, outside city, discussed his property on-Fifth Avenue, and the need for improving the sidewalk,and creating more. disabled parking on Fifth Avenue, and offered that a disabled space could be placed in front of his building. Commissions acid Administration Response to Citizens' Comments— None ADJOURNMENT (Swann) The meeting was. adjourned at 8:20 p.m. Jackie C. Wilde Cindy L. Ecklund Planner Chair (City Seal) 69/77 ....... ......... s a ° �+ - v s O rD — a j M n \ (� c N N 0 "a rb � 4J Z3 � a1 fl.1 (D fD "� c E: qro v � n O n O cD h ro 4 c Q. • LnCL.� O. fD ❑ � n ❑ rD o r+ rr oir `C �` °❑. a ,C O ' � n O cr 73 zb O 0� O 3 r+ct. O o c ° ro r-r C O ❑ C. rp A c a Q (D � r--f a r+ r--r r-t ID Ln Ln Ln O o a C ro Q a C� N — `❑ z � n � v� CD � n ° Ln r+ {D n 4 rl' O Ln (7 Ln44 C C' O . Ln _ rF ❑ cu n a �• CD o o- 0- X- C:LQ s c 0 0 O = t� a r F fD CD � r+ r) m ro � O CD :1% 7� r rb s o c c 4- 70/77 Strategic Alliance for TARRRisk Reduction News fro Regon Beatrice, Nebraska quantify avoided losses, in dollars April saved, for each of those 120 Volume 9,Issue 4{ Chooses Resilience properties. The result? An estimated Midwest community inspires& $12.9 million dollars in avoided confirms initiatives for successful losses an$S million net savings, or floodplain management a 263% return on investment from Like many cities in our region and the 2015 flood event alone. Inside this Issue across the country, the City of In that interview, Tobias Beatrice in southeastern Nebraska Templemeyer, City Manager of was built along a major river. With a Beatrice,also says that even with the history of catastrophic flood success realized from mitigation Resilience Success Story inundation, they began purchasing done so far, the City realizes that and converting flood-prone more can be done, and that plans are properties into outdoor recreation underway for a 2019 update to their areas and open spaces rather than Hazard Mitigation Plan. rebuilding.With a total investment of $4.9 million, Beatrice has purchased When community leaders invest in NORFMA 2019120 properties and made tremendous flood mitigation, the return on strides towards preventing risk to investment continues to increase lives and property. every time it floods as damages are Onlineavoided. These efforts serve as a The FEMA Podcast recently featured living example of the power of a discussion with some experts in mitigation — ensuring that mitigation and the City of Beatrice, communities are more resilient and Nebraska regarding recent flooding able to recover more quickly and events. You can listen to it here: fully from flood events. htips://www.fema.gov/media- library/assetslaudio/172151. For more information on Beatrice's story, you can also visit their After a 2015 flooding event, using Mitigation Effectiveness Stoa Map, Hazes, FEMA's loss estimation or watch a video of footage of the software, the City was able to recent flooding shared by the City. All Strategic Alliance for Risk ReductionFEMA .( Region 10 Service Center 20700 441h Avenue1 Lynnwood,Washington 98036 Aerial view of the City of Beatrice during recent flooding events. Through a series of acquisition projects and mitigation actions, this city has been able to protect their citizens and property from the effects of flooding.Image courtesy of City of Beatrice,NE&YouTube. P I:i 'DI 71/77 NEWS FROM REGION 10 Page 2 Featured Tra i n i ngs Planners, city/county managers, principles are also welcome. attorneys, engineers, and public Submissions are due dune 15,2019. L0273: Managing Floodplain works officials. To support organizations with Development through the NFIP PP April 29-May 2, 2019 For both courses, tuition is free for limited travel budget or capacity&to Central Point, OR those accepted;there are no travel or encourage student participation, a Spaces are still available for salary stipends available, and all limited number of NORFMA participation in this course,hosted by incurred costs are the responsibility scholarships are available which FEMA Region X and the Oregon of the attendee or sending cover the cost of registration. Office of Emergency Management organization. Applications are due by June 15. (OEM). The course will focus on the please direct any questions to the For more information, visit National Flood Insurance Program course coordinator at "w.norfma.org. (NFIP) and concepts of floodplain niichelle.schmelin ema.dhs. ov. CRS Users Group Quarterly Meeting management, maps and studies, ordinances administration, and flood NORFMA News April 18,Mail pm Tacoma Malll Plaza insurance. 2019 Annual Conference-Boise, ID The next CRS Users group meeting The course is designed for those "Fires, Floods, Mud &More: Integrated is scheduled for April 18, 2019. It officials with less than three years of Processes" will be held at the Pierce County floodplain management experience. Registration is now open for the Planning & Public Works offices in To apply, please use the following Northwest Regional Floodplain Tacoma, WA; a Skype connection is application form: FEMA Form 119- Management Association available for those who cannot attend 25-1 Application. (NORFMA) annual conference, these quarterly meetings in person. National Flood Insurance Program which will be held in Boise,ID,from Advanced Concepts Workshop September 24-27, 2019. This year, RSVP to Dennis Dixon at May 6 - 7, 2019 the theme is "Fixes, Floods, Mud & ddixon@co.pierce.wa.us. Albany, OR More: Integrated Processes". Hosted by FEMA Region X, this The Call for Abstracts is open, and STARR workshop will include modules from NORFMA is seeking submittals for the L0284 Advanced Floodplain workshops or presentations on Management Concepts III course floodplain projects, regulatory with a specific focus on Substantial environment, and other emerging Improvement/ Substantial Damage issues, including: (SI/SD), non-compliance issues, and NFIP Compliance-Higher floodway standards. Standards Recommended prerequisites include . Case Studies 1 Flooding Issues- FEMA's L0273 course, "Managing Urban or Rural Areas Floodplain Development through the Integrated Watershed &Floodplain National Flood Insurance Program." Management Approaches • . To apply to this workshop, after Zoning &Permitting in Floodplains Ask the sk obtaining your supervisor's a Engineering&Mapping-Methods The .•gion 10 Service Center approval, contact Michelle &Toolsere , help , • community Schmeling if you are interested in a Hazard Mitigation& Resilience officials and stakeholders attending this course. Enrollment Planning training, - • confirmations will be sent via e-mail. . Risk Communication mapping questions. The primary audiences for these 0Dams&Levees Stories from the Field Email _ • _ • _ courses are local floodplain ■ management officials including Other topics or ideas that illustrate building inspectors, code the conference theme and related enforcement/zoning officers, 72/77 NEWS FROM REGION 10 Page 3 Online Training NFIP Basics Tools for Determining Base Flood (All times Pacific) April 25, 10 am Elevation Tools for Determining Base Online - 1 CEC June 6, 10 am Flood Elevation Elevation Certificates Online - 1 CEC April 11„ 10 am May 16, 10 am CRS:Credit for Drainage System Online - 1 GEC Online - 2 CECs Maintenance(Activity 540) CRS: Preparing for a Floodplain Development Permit June 18, 10 am Verification Visit Review, Online - 1 CEC April 16, 10 am May 30, 9 am Online - 1 CEC Online - 1 CEC To register for online courses, visit CRS: Flood Insurance Inspecting Floodplain STARR's training site: Promotion(Activity 370) Development April 17, 10 am i.mp/starronlinetraining, or email May 30, 10:30 am RXTraining@starr-team.com. Online - 1 CEC Online - 1 CEC Want to spread the word about an upcoming event or recent success story?Let us know what you want to see in future issues!Articles can be up to 500 words and may include pictures. Email Newslefter Ideas? 73/77 WN -4 Cl) N — � CA) Cn NN -' d Cn V O Cl A V OC V CD W O N j Ul Cri A p Oo P p y O CD Oja fD CON CO N C CO N Ul C L C CC CC QC/) CL 4w N N 1 0 N N N C Q1 W V d co 0 V d W 0 C O W M (p �} _ 3 _ Vi � fll w O Cn rt W 1 -P, V W s A , 4�-- V O Wz;- N N -' CO N co M ,71 0 N co N cn j N Cn 1 CNn COCD -� n(e n _ `C `C CO O W 0) O N 4l W CA CO N C) C7� Cfl N V W N*:� Cn PQ (n N N E cn O d WCO N O OO 4O v CD O CO M 0N N j W N -Cn C P V C d W M) N C W L Z3 O N 1 1 N N 0, N T C V c7 C37 CP CD N 0 co N Ul ( 4�1 V d W CD �. 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