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06042019 Planning & Zoning Packet
City of Seward Planning and Zoning Commission Regular Meeting r a` • w' June 4, 2019 Seward Planning & Zoning Commission Regular Meeting June 4, 2019 7.00 p.m. City Council Chambers Cindy Ecklund Chair Term Expires 02120 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 02122 Tom Swann 4. Special Reports & Presentations Commissioner Term Expires 02122 A. City Administration Report Craig Ambrosiani B. Other Reports, Announcements & Presentations Commissioner Terns Expires 02/22 S. 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 02/21 to 3 minutes per speaker and 36 minutes total time for this Kelli Hatfield agenda item] Commissioner Term Expires 02121 b. 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 June 4, 2019 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 2019-009 Recommending City Council Approval Of The Rezoning Of Lot 23A Marathon Addition Whitehorn Replat, Located At 513 First Avenue, From Institutional (INS) To Single-Family Residential (R1)................................................................................Page 3 2. Resolution 2019-010 Granting A Conditional Use Permit To Carroll and Robert O'Neal To Operate A Four (4) Unit Multi Family Dwelling On Lot 21A Block 25, Original Townsite of Seward Located At 402 Second Avenue; Within The Auto Commercial (AC) Zoning District.............................................................................................Page 11 3. ResoIution 2019-011 Granting A Conditional Use Permit To Elliot Jackson dba Seward Lodging LLC To Operate A Mixed Use Commercial Building Including Restaurant, Housing, and Nightly Lodging Accommodation On Lot 4A Block 3, Original Townsite Seasalt Replat, Located At 133 Fourth Avenue; Within The Central Business (CB) Zoning District............................................................Page 29 8. Unfinished Business—None 9. New Business A. Resolution 2019-012 Of The Planning And Zoning Commission Of The City Of Seward, Alaska, Amending Administrative Filing Fees For Land Management, Signs, Zoning And Platting Requests............................................................Page 44 B. Approval of May 7, 2019 Regular Meeting Minutes...................................Page 48 10. Informational Items and Reports (No action required)- A. Planning and Zoning"Did You Know"...................................................Page 56 B. FEMA Region X Newsletter......................................................................Page 59 C. 2019 Planning & Zoning Meeting Schedule............................................Page 62 D. City Calendars ........................................................................................Page 63 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 June 4, 2019 2 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-009 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF LOT 23A MARATHON ADDITION WHITEHORN REPLAT, LOCATED AT 513 FIRST AVENUE, FROM INSTITUTIONAL (INS) TO SINGLE-FAMILY RESIDENTIAL (R1) WHEREAS, Laura Schneider and Kenneth Caldwell, owners of Lot 23A Marathon Addition Whitehorn Replat have submitted an application and the filing fee, requesting their lot be rezoned from Institutional (INS) to Single Family Residential (RI); and WHEREAS, the current Zoning of the parcel is Institutional (INS) and the current Land Use Plan map designation recommends the parcels be rezoned to Single Family Residential (R1); and WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the requested zoning district is recommended by the Land Use Plan; and WHEREAS, the single-family (R-1) residential district is intended to provide for stable and quiet low to medium density (one to five dwelling units per acre) detached, single-family residential development, free from other uses except those which are both compatible and convenient to residents of such a district; and WHEREAS, a goal of the Seward Comprehensive Plan is to bring the Zoning Map into conformance with the Land Use Plan; and WHEREAS, City Staff has reviewed and supports the proposed rezone; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on June 4, 2019. 3 Seward Planning and Zoning Resolution 2019-009 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed zoning change and recommends Resolution 2019-009 be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4`h day of June 2019. THE CITY OF SEWARD, ALASKA Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 4 P&Z Agenda Statement Meeting Date: June 4, 2019 Through: Jackie C. Wilde, Planner From: Andy Bacon, Planning Assistant Agenda Item: Planning and Zoning resolution recommending City Council approval of the re-zoning of Lot 23A Marathon Addition Whitehorn Replat, Located At 513 First Avenue, From Institutional (INS) To Single-Family Residential (R1) BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to the Seward City Council is Resolution 2019-009 recommending that City Council amend the zoning designation of Lot 23A Marathon Addition Whitehorn Replat, located at 513 First Avenue, from Institutional (INS) To Single-Family Residential (R1). The applicants Laura Schneider and Kenneth Caldwell, have stated that they intend to construct a single family home for a private residence on the subject parcel. According to Table 15.10.226 Land Uses Allowed, single-family homes are not an allowed use in the Institutional Zoning District. Lot 23 Marathon Addition was rezoned from single family R1 to INS in 1985 for the purpose of expanding the Wesleyan nursing home facility, which was formerly located on the adjoining parcels to the south. In 1987 Lots 23 and 24 Marathon Addition were re-platted, resulting in the conveyance of 10 feet of Lot 23 to Lot 24, and creating Lot 23A Marathon Addition Whitehorn Replat, which is approximately 6,347 square feet. The re-zoning of Lot 23A would bring the property into conformance with the Land Use Plan adopted in the 2030 Comprehensive Plan. SURROUNDING LAND USE AND ZONING: The Single-family residential zoning district is intended to provide for stable and quiet low to medium density (one to five dwelling units per acre) detached, single-family residential development, free from other uses except those which are both compatible and convenient to residents of such a district. The adjoining property to the North is zoned single-family residential, and is developed with a single family home. The property to the south is an undeveloped parcel, zoned Institutional (INS) Properties to the East include single-family homes, and are zoned single-family residential (R1). The parcel to the west is zoned Resource Management (RM), consisting of undeveloped city-owned land. Seward Planning and Zoning Commission Agenda Statement—Resolution 2019-009 Page 2 of 2 city-owned land. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2030, approved by Council May 30, 20I7): 3.2.1 Promote residential and commercial development within the city of Seward in accordance with community values. (page 13) 3.2.21 Maintain community vision through the rigorous X 1' implementation and update of the Comprehensive and Land Use Plans (page 14) Update the zoning code in order to implement the Comprehensive Plan and bring the zoning map into conformance with the Land Use Plan (Page 14, bullet 3) 2' Strategic Plan (Approved by Council Resolution 99-043): • Promote Residential and Commercial Development inside X the City. (Page 9, Buller 2) STAFF REVIEW City Staff reviewed this re-zone request and no comments or objections were received. PUBLIC NOTICE Property owners within three hundred (300) feet of Lot 23A Marathon Addition Whitehorn Replat were notified of this proposed land use amendment. 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 project. If any comments are received after this publication, they will be presented to the Commission as a laydown at the June 4, 2019 meeting. RECOMMENDATION: Commission approve Resolution 2019-009, recommending that City Council amend the zoning designation of Lot 23A Marathon Addition Whitehom Replat, Located At 513 First Avenue, From Institutional (INS) To Single-Family Residential (R1) 6 j%WW"w......f 104 RECEIVED aaasaxixiii•i� LAND USE PLAN AMENDMENT - REZONING ONor Petitioner: � � � Address: V F, ,-s+ Phone No: 07 _ Legal Description: [ kv � .� td I rj Physical Location: Land Use Plan: Present: d �� Proposed: Zoning District: Present: �'t � �r 1�,, 1 Proposed: Intended use and/or reason for rezoning:. t �J A map is required to accompany this application! Proof of ownership for parcei(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE of $260.00 (payable to the City of Seward) to the Community Development Office. Signatures of 51 % of property owners involved in the .rezoned area. SIGNATURE ADDRESS le al DATE } 7 Rural Residential _ MONROF Single Family Residential 'C7. Two Family Residential Mufti Family Residential Urban Residential Office Residential Harbor Commercial Auto Commercial i Central Business District g industrial Institutional Park oar . - a Resource Management +1 .. ' H N ." L � P s, � A R j MADISON �' +X 7{ 7N I� r f Lot 23A Marathon Adds log Rezone: INS to R1 IN 3 to di� st Avene 'Zue Drawn By: AB 5ld7199 erent data sources property lines and aerial 75 150 300 Feet imagery do not overlay correctly. Map is to be used for 1 • orientation and reference purposes only. Mapping Assistance by Alaska Ylllap Company,LLC _ 8 =N 3 JE p r > s'n > Ln > � )� � R kE` mom` C ~ R - C A1.1 7=JN 4- N a G1. N g rn lb z z sum �„ ) f r a m g 8 m> § 0 0 ago sgz� 8 1 2�2 y% 8 = > 7 p § ti 4 -o i> R� m> gs N a $ 8 �y g r.E E43E�EkT —�652E y Z o wN �Ix nN o_ 01 - a : �3`:•^ aSr9+l __71 uaa I e300 Tsa IiI r" Lu p a22 -�laoT ICt H r� t�.. 3i rd� be ,�� . UNSU6DI VIDED o� - 1 x o 5 A �N 2°48gf° E, BASIS 0 BEARINGS UINSUBDIVIDED g� "r'O 9oz - 33z a2wao 33a3�EKsurtea 0 0 _ ADD. PI_. `Z m U '� fAL[uLATEa - O tv d e o_ z —— H ga.T3 :TS: i5y :2aG1 (T5; CTS-� CT5j 65 eS �T5' IT5+ (T5] CT57 (TS) iT5' �53]�)LE350 HV First Av ue Ka^oz'2a_'2 856 _ Id BLOCK 21 6a0 00 �� 9LOCK 40 SEWARD �p ORIGINAL TOWNSITE 33 ALASKA 33 I>3 $19 R R x K 75 a z a O C 3 Y> ['tl^8� s� A ) 3 c Ro R ggx _ s � y S m c $ Z 7�'C 7ccn 35 3t �• �� �o�'-� '. ogl =qQ _ N,,--_ �•%�l�L� �...... ra aT o�9 2 maE � G p �a 9F lI � � m w icumxi �3g p y c,� m v % m m m a v 1�2L w Iqg ) laic `o S RSyy3S y 3�' > H 7 i CITY OF SEWARD = ECEIPT# 28315 410 ADAMS STREET 5/20/2019 PO BOX 167 SEWARD AK 99664 Received =.� phone: (907) 224-4050 From Lookup Name Payment Type Check # Amounts 11122 COMMUNITY DEVELOPMENT Credit Card 326383223 Due 250.00 Tendered 250.00 Change Due Description* Re-Zone Application Fee-Schneider, Laura Taxes Payable - Sales 16.35 Zoning Fees 233.65 10 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-010 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO CARROLL AND ROBERT O'NEAL TO OPERATE A FOUR (4) UNIT MULTI FAMILY DWELLING ON LOT 21A BLOCK 25, ORIGINAL TOWNSITE OF SEWARD LOCATED AT 402 SECOND AVENUE; WITHIN THE AUTO COMMERCIAL ZONING DISTRICT WHEREAS, Carroll and Robert O'Neil have applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to operate a four unit multi-family dwelling at 402 Second Avenue, Lot 21A Block 25, Original Townsite Modern Motors Subdivision; and WHEREAS, the property is in the Auto Commercial (AC) 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 Auto Commercial Zoning District as a conditionally permitted use; and WHEREAS, on September 3, 1997 the Planning and Zoning Commission issued a Conditional Use Permit to the above mentioned property for the operation of a tri-plex; and WHEREAS, having complied with the public notification process; on June 4, 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: 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 Auto Commercial (AC). The Auto Commercial District is intended to provide areas to accommodate highway-oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. A multi-family dwelling is allowed in the Auto Commercial (AC) District by conditional use permit from 11 Seward PIanning and Zoning Commission Resolution No. 2019-010 Page 2 the Planning and Zoning Commission. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The neighboring property to the north is a single family home zoned R 1 residential. To the west, across Second Avenue is a single-family home zoned Urban Residential (UR). To the east, across the alley is a single family home zoned Office Residential (OR). To the south, across Jefferson Street is a single family home zoned R1 residential. 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 containers suitable for refuse collection(SCC 14.05). E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. The applicant has stated that since they purchased the subject property, they have made no changes to the interior of the building that resulted in the creation of an additional dwelling unit. Per Community Development records, between 2012 and 2018, the applicant has worked with the building department through the building permit process five times, completing upgrades to the interior and exterior of the building, none of which involved constructing new interior walls for the purpose of adding another dwelling unit. Based on Code, two parking spaces are required per dwelling unit, plus 1/2 space for every unit larger than two bedrooms or greater than 1,000 square feet in size. Based on a review of the application materials, the structure consists of two units less than 1000 square feet, with two bedrooms each. One unit is less than 1000 square feet with three bedrooms, and one unit is greater than 1,000 square feet 12 Seward Planning and Zoning Commission Resolution No. 2019-010 Page 3 with two bedrooms. The number of required off street parking spaces for this development is nine (9), and nine (9) parking spaces are shown on the provided site plan. 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: I. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications. 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. Nine (9) off-street parking spaces are required. 4. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. 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. 6. 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 multifamily 13 Seward Planning and Zoning Commission Resolution No. 2019-010 Page 4 dwelling to Carroll and Robert O'Neal at 402 Second Avenue, Lot 21A Block 25, Original Townsite Modern Motors Subdivision 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 41h day of June, 2019. THE CITY OF SEWARD Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 14 P&Z Agenda Statement Meeting Date: June 4, 2019 Through: Jackie C. Wilde, Planner From: Andy Bacon, Planning Assistant Agenda Item: Request for a Conditional Use Permit(CUP)to operate a four unit multi- family dwelling at 402 Second Avenue, Lot 21A Block 25, Original Townsite Modern Motors Subdivision BACKGROUND & USTIFICATION: Carroll and Robert O'Neil have applied for a Conditional Use Permit (CUP) to operate a four unit multi-family dwelling at 402 Second Avenue, in the Auto Commercial (AC)Zoning District. The structure presently located at 402 Second Avenue was constructed in 1950,and was used as an auto repair shop,known as Modern Motors.On September 3, 1997 the Planning and Zoning Commission issued a Conditional Use Permit to the above mentioned property for the construction and operation of a three unit multi-family dwelling. The applicant applied for a lodging permit for this property, which indicated that there were four dwelling units within the structure. Based on a review of the submitted application documents, past building permits, and the 1997 CUP, a new Conditional Use Permit is being required that reflects the apparent use of four dwelling units on the property. The applicant stated that in the time since they purchased the subject property, they have made no changes to the interior of the building that resulted in the creation of an additional dwelling unit. Per Community Development records, between 2012 and 2018, the applicant has worked with the building department through the building permit process five times, completing upgrades to the interior and exterior of the building, none of which involved constructing new interior walls for the purpose of adding another dwelling unit. SURROUNDING LAND USE AND ZONING: The Auto Commercial (AC) District is intended to provide areas to accommodate highway- oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. The surrounding properties include residential uses in a mix of zoning districts. The neighboring property to the north is a single family home zoned R-1 residential. To the west, across Second Avenue is a single-family home zoned Urban Residential (UR). To the east, across the alley is a single family home zoned Office Residential (OR). To the south, across Jefferson Street is a single family home zoned R1 residential. 15 Seward Planning and Zoning Commission Agenda Statement Resolution 2019-0 10 Page 2 Development Requirements: The four unit multi-family dwelling meets some Zoning Code Development Requirements (Table 15,10.220)including lot coverage,minimum buildable lot size,and building height.The structure on the property is located within the 10 foot front yard setback, and the 10 foot setback adjacent to Jefferson Street.The building was constructed in 1950, and is therefore a nonconforming structure. 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. Parking: Based on SCC §t5.10.215 (b), two parking spaces are required per dwelling unit,plus I/2 space for every unit larger than two bedrooms or greater than 1,000 square feet in size. Based on a review of the application materials, the structure consists of two units less than 1000 square feet, with two bedrooms each. One unit is less than 1000 square feet with three bedrooms, and one unit is greater than 1,000 square feet with two bedrooms.The number of required off street parking spaces for this development is nine (9), and nine(9) parking spaces are shown on the provided site plan. CONSISTENCY CHECKLIST: Yes No NIA Seward Comprehensive Plan (2030): 3.2.1 Promote residential and commercial development within the 1. City of Seward and its vicinity in accordance with community X values (Page 13) Strategic Plan (1999) 2. The Strategic Plan promotes residential and commercial X development inside the City Limits (Page 9). Public Notice: Property owners within three hundred(300) feet of Lot 21A Block 25, Original Townsite Modern Motors Subdivision 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 June 4, 2019 meeting. 16 Seward Planning and Zoning Commission Agenda Statement Resolution 2019-010 Page 3 Staff Comment: Staff has reviewed the Conditional Use Permit application and no objections were reported. Department Comments No NIA Comment Electric Department X Fire Department & X Building Department Harbor Department X Police Department X Public Works 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. 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. Nine (9) off-street parking spaces are required. 4. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. 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. 6. 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 2019-010 granting a conditional use permit for a four unit multifamily dwelling to Carroll and Robert O'Neal at 402 Second Avenue, Lot 21A Block 25, Original Townsite Modern Motors Subdivision in the Auto Commercial Zoning District. 17 CT"Y OF SEWARD :J Community Development 1'. C). 13os 167 RECEIVED l Jackie CWilde-Plaimur Seuard,Alaska 99661 907.224.4018 -- And.1 Bacon-I'lannin{ Assistaill 907-221-1019 Per ................. 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. �',%TiC)NS N-ViVi, NO i III," N('C'F:P-IT1) Applicant:C. a,, 6'Ale, l Ji , M A-S,C .,A_ Address: Telephone Number:c[07-7i3 L+4� Email: e_ Cai'L � 5LO i�c�i►rtcc�`j. dY►ti Property owner(if other than applicant): &4 CA V4 t( 11VZ0_ R Address: S�' Telephone Number: ` l Z� �{ Z� Email: T 1�i� (ryt4�CtSICa �rl E Property Descriptionn� ��Address: �0Z ltr��e- Lot Size: IAdv o/ t t: { Block: Subdivision: Dy-i %),_~0r zl tPQ- Kenai Peninsula Borough Tax Parcel ID Number: I q 070 Z3 Development Information 1 j What structures are on the property? 1w41 ` ( 1 How is the property being used? AP 06-►^P-�'I k,+- loe40 i �Ie What is the proposed use of the property? �r'�n^'�� dvvr�e�^ dYf�yr� ia� I,GSJ �a r�,•c What is the development timeline? go 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) Conditional Use Permit Application 3.2018 Z:`,.Community-Development FolderlTemplates\CUP 18 L he proposed use is consistent with the requirements of the Seward Zoning Code and the gnated zoning district. Please describe the use. -fk1 ' s a*,- ` pirh+ VrouslIr i> a sti a 14 444r•* I W rL r' Aa VILV-oK ck a nA— A' .c B) Describe any impacts to the adjoining properties and how property values may be affected. G (ems C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: http://www.citypfseward.us/ r 1�1i.l.L_ 0►ti ` Carr M `tS A Gi w: r r K4t ►T OLl r v" W� �` D) Describe 1 list the pu is services and fhcilities that will sCfve the proposed use. (i.e., roads, �( , utilities.} ate- C14JP�,6f,� (4+, �S ,r E) The proposed project or use must not be harmful to the public health, safety and welfare. Describe any mitigation measures that may be needed to protect the public health, safety and welfare./ F) Include building elevation plans and a site plan, drawn to scale. The site plan should include: 1) Property dimensions 2) Location and dimensions of existing and planned buildings 3) Parking configuration 4) Driveways and access 5) Natural features 6) Other pertinent information 19 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: 0 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. INCOMPLETE APPLICATIONS WILL BE RETURNED 15,01.045. - Fees, established by city council resolution, will defray a significant portion of the administration costs associated with processing applications for action covered by this title. Whether an application is-granted or denied, the petitioner or applicant shall not be entitled to the return of the fee paid. (Ord. 626, § 3, 1989) Applicant Signature: Property Owner Signature: Enclosed: $250 Payment �(} Dimensioned plot plan 1 drawings Other: G� �" �- ProV'. �Vjt' `trwsly p � _( s I Office Use Only Below This Line -Fee $250.00 Site Plan -Location Map _Pee As-Built Survey 20 CITY OF OF SEWARp itECEIPT# 28295 410 ADAMS STREET 5/17/2019 PO BOX 167 SEWARD AK 99664 Received phone: (907) 224-4050 From L.00ku- Name Payment Type Check# Amounts 11122 COMMUNITY DEVELOPMENT Check 0001396 Due 250.00 Tendered 250.00 Change Due Description:_ Conditional Use Permit-Alaskan Wish Lodging Taxes Receivable - Sales Tax 16.35 Zoning Fees 233.65 21 r , I I ip I �tl a I 0LU n. 1 U • fn * + = MAL � r Y v tr� x ' . JEFFERSON F k 4i: 1 u x a Res 2019-010: CUR to operate 4012 Second Avenue li e use 4 ilex N prawn By! AS 5/17/19 ue to di Brent data sou es property lines and aerial 0 50 100 200 Feet imagery do not overlay correctly. Map is to be used for # orientation and reference purposes only. Mapping Assistance by Alaska Map Company, LLC 22 1' wcw viF� Al 40.00 i CLf D.0J. BRASS N � �CAP►aON. o 20 1 0 `O z N 89159'04" E N �. 99.89' J 46 4' Lij N Lf) . 23.4' W Mzy. i � � i N COCOo '4 co Ld Wa > ci " 'pj` Q © Z .:.. Q z &7' �o4a a�1 -o � M N � 10.1' 4 FUEL g TANK d" Ci�p`�C n 15.9' 28 s' CV W N ttl i 1 4.1' z 0 4 Q 21 m Q 4 4.1' Z 40.00' e2.z at 99.94' t N 90'00'00" W 0 U` o �J o JEFFERSON ST U o s eRASs N 90'00'00" W 299.92' CAP MOO .OF A �s+' AS-QUIL T SURVEY 1 hereby certify that on Aug 6.1997 i surveyed the improvements on tots 21-24 i*�;: ,(� H •'� Cl..INF. �!' A SSOC.lA TES Block 25, Seward 7'owns;te. Flat No. 1 1.• ... .• ... •• ..0� P.O. BOX 2703 Seward Recording District, that the im- % 0 SEWARD, ALASKA 99664 provements are shown in the correct AIL •� refat;onsh;p to the monumented property M. tJ C ofec CIO Jd7�224�T�24 ` fines, and that no encroachments ex;st f 1.5.7569 unless noted hereon. t` '•o .•` t ORAM BY.- WNC DATE.' OB/07/97 # �`•"•`•`� b r+ OW0.- 97-014A SCALE: l"=3D' 23 I � .5 p lkl ac K S. ape -d- 'Sys•• �� o$. r eYV4�• R A fY �+ 1 y t h 24 `` . O Ell, Ell- -Soo rj C:) --I 4t r-j vi 17! rn 71 I-tl S-Z F —co 00 co co 00 05 rn cri m ND co 00 CD V\ 71 co CIL) C) cr -Tl 25 Unit 1 Escape Plan BR BR Closet Closet Bath Kitchen c� 0 Living s Room Front Door to Parking Lot Parking Lot Second Ave North In case of fire or other emergency, please use safest route from room and move to the parking lot or the road intersection to the left as you exit the main door. Emergency phone contact is 911; the hospital is two blocks to the West. Your location is 402 2"d Ave. 26 Unit 2 Escape Plan Rear Deck that exits to Alley Rm 2 Rm 3 Bath Closet Bath Closet Closet Kitchen Bath 0 Living Room ro c To Parking Lot Rm i Front Door to Parking Lot Exit Exit Parking Lot North Second. Ave In case of fire or other emergency, please use safest route from room and move to the parking lot or the road intersection to the left as you exit the main door or to the alley in the back. Emergency phone contact is 91.1; the hospital is two blocks to the West. Your location is 402 2"d Ave. 27 Unit 3 Escape Plan Door to Backyard and Alley To Exit Boller Room Rear Door to `Basement'. --move left or right Bath Living To Exit Kitchen � Room `i 0 r-- Lobby Front Door to Parking Lot Side Door to Lobby& Parking Lot Parking Lot North Second Ave In case of fire or other emergency, please use safest route from room and move to the alley in the rear, the front parking lot or the road intersection to the left as you exit the main door. Emergency phone contact is 1; the hospital is two blocks to the West. Your location is 402 Second Ave. 28 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-011 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO ELLIOT JACKSON DBA SEWARD LODGING LLC TO OPERATE A MIXED USE COMMERCIAL BUILDING INCLUDING RESTAURANT, HOUSING, AND NIGHTLY LODGING ACCOMMODATION ON LOT 4A BLOCK 3, ORIGINAL TOWNSITE SEASALT REPLAT, LOCATED AT 133 FOURTH AVENUE; WITHIN THE CENTRAL BUSINESS (CB) ZONING DISTRICT WHEREAS, Elliot Jackson has applied for a Conditional Use Permit (CUP) to operate a mixed use commercial building including restaurant, housing, and nightly lodging accommodation within the Central Business Zoning District(CB); and WHEREAS, the property is located on, Lot 4A Block 3, Original Townsite Seasalt Replat of Seward, physical address of 133 Fourth Avenue; and WHEREAS, the structure on the subject property was built in 1942, prior to zoning requirements for a Conditional Use Permit, and included commercial space on the first floor and single room occupancy style housing space on the second floor; and WHEREAS, the applicant has applied for a Conditional Use Permit, seeking to keep the restaurant and add a mix of long-term and short-term rentals in the habitable portion of the commercial building; and WHEREAS, in accordance with Land Uses Allowed Table 15.10.226, a dwelling, apartment in a commercial building (2 or more units) is allowed in the Central Business Zoning District as a conditionally permitted use; and WHEREAS, in accordance with Land Uses Allowed Table 15.10.226, Lodging, Hotel is allowed in the Central Business Zoning District as a conditionally permitted use; and WHEREAS, according to the Seward City Code, in cases of reasonable doubt as to whether a use is permitted in a specific zone, the guidelines established for conditional uses in section 15.10.320 shall apply; and WHEREAS, having complied with the public notification process; on June 4, 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: 29 Seward Planning and Zoning Commission Resolution No. 2019-011 Page 2 Section 1. According to SCC 15.10.320.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: This condition has been met, or shall be through the conditions. 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. Dwellings and lodging are 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 surrounding properties are all zoned Central Business District, and include the Alaska Sealife Center to the south, Seaview plaza to the west, a vacant parcel to the east, across Fourth Avenue, a bar and a restaurant are located immediately to the north. 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) 3.2.1.2 Support mixed commercial and residential uses in the Seward downtown business district Support apartments and other high density residential development, including seasonal worker housing (Page 14, bullet 2 and 3) 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 30 Seward Planning and Zoning Commission Resolution No. 2019-011 Page 3 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). 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. The building shall meet all building and fire code requirements and be reviewed through the building permit process. A professional architectural code study shall be required to review the structure for compliance with applicable building codes. Adequate fire and police services are available to the property. 15.10.215 Parking Code requires one parking space per guest room in hotels, motels, and lodging. Studio apartment units also require one parking space per unit. Within the Central Business District, no on-site parking is required for commercial uses. The applicant has not indicated any provided parking on the site plan, and there is no room on the subject parcel to provide off street parking. There are 109 angled and parallel street parking spaces within a 300 foot radius of the subject property. Within that 300 foot radius are 14 individual business establishments, two office buildings, a church, and a 14 unit apartment 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 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 obtain a professional architectural code study to address the change in use of the building, with compliance. 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. Bear-proof 1 bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. 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. 31 Seward Planning and Zoning Commission Resolution No. 2019-011 Page 4 6. 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 seven unit multifamily dwelling to Elliot Jackson at 133 Fourth Avenue, Lot 4A Block 3, Original Townsite Seasalt Replat 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 4`h day of June, 2019. THE CITY OF SEWARD Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 32 P&Z Agenda Statement ' Meeting Date: June 4, 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 commercial building including restaurant, housing, and nightly lodging accommodation at 133 Fourth Avenue, Lot 4A Block 3, Original Townsite Seasalt Re plat BACKGROUND &JUSTIFICATION: Elliot Jackson has applied for a Conditional Use Permit(CUP) to operate a mixed use commercial building including restaurant, housing, and nightly lodging accommodation within the Central Business(CB)Zoning District. The structure presently located at 133 Fourth Avenue is a two-story commercial building that was constructed in 1942,prior to the zoning requirement for a Conditional Use Permit, and originally included commercial space on the first floor and single room occupancy style housing space on the second floor. The applicant has applied for a Conditional Use Permit, seeking to keep the restaurant and add a mix of long-term and short-term rentals in the habitable portion of the commercial building.Overnight uses in the Central Business District generally require a Conditional Use Permit, and the following provisions of Seward City Code apply. 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. In accordance with Seward City Code 15.10.125(B)in cases of reasonable doubt as to whether a use is permitted in a specific zone, the guidelines established for conditional uses in section 15.10.320 shall apply The applicant has stated that they intend to rent five of the eleven upstairs rooms nightly,and retain the remainder for employee use.The second floor of the subject structure includes eleven rooms.Ten of the eleven rooms share bathroom and shower facilities,and all rooms share cooking facilities.The layout of the second floor is similar to a single room occupancy hotel, which was common for the period in which the building was developed,and exists elsewhere within other buildings in Seward's historic downtown. 33 Seward Planning and Zoning Commission Agenda Statement Resolution 2019-011 Page 2 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 (CB) District, and include the Alaska Sealife Center to the south, Seaview plaza to the west, a vacant parcel to the east, across Fourth Avenue, a bar and a restaurant are located immediately to the north. Development Requirements: The structure on the subject property meets Zoning Code Development Requirements (Table 15.10.222). The subject property is approximately 8,772 square feet. 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: Parking Code requires one parking space per guest room in hotels, motels, and lodging. Studio apartment units also require one parking space per unit.Within the Central Business District,no on- site parking is required for commercial uses.The applicant has not indicated any provided parking on the site plan, and there is no room on the subject parcel to provide off street parking. There are 109 angled and parallel street parking spaces within a 300 foot radius of the subject property.Within that 300 foot radius are 14 individual business establishments, two office buildings, a church, and a 14 unit apartment building. CONSISTENCY CHECKLIST: Yes No NIA Seward Comprehensive Plan 2030 : 3.2.1 Promote residential and commercial development within the 1. City of Seward and its vicinity in accordance with community X values (Page 13) 34 Seward Planning and Zoning Commission Agenda Statement Resolution 2019-011 Page 3 3.2.1.2 Support mixed commercial and residential uses in the Seward downtown business district Support apartments and other high density residential development, including seasonal worker housing (Page 14, bullet 2 and 3) Strategic Plan (1999) : 2. The Strategic Plan promotes residential and commercial X development inside the City Limits (Page 9). Public Notice: Property owners within three hundred (300) feet of Lot 4A Block 3, Original Townsite Seasalt Replat 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 one inquiry regarding the proposed Conditional Use Permit. A neighboring property owner called to express concern about the lack of provided parking in the application, citing an existing lack of available street parking in the vicinity,which results in unauthorized use of their parking lot. If any comments are received after this publication, they will be presented to the Commission as a laydown at the June 4, 2019 meeting. Staff Comment: Staff has reviewed the Conditional Use Permit application and no objections were reported. Department Comments No N/A Comment Electric Department X Fire Department & This change of use from monthly Building Department to nightly requires an architectural code study be performed to ensure life safety requirements are being satisfied. Harbor Department X Police Department X Public Works Department 35 Seward Planning and Zoning Commission Agenda Statement Resolution 2019-011 Page 4 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 obtain a professional architectural code study to address the change in use of the building, with compliance. 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. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. 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. 6. 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. RECOIMII MNDATION: The Community Development Department staff recommends approval of Resolution 2019-011 granting Conditional Use Permit 2019-09 to EIliot Jackson to operate a mixed use commercial building including restaurant,housing, and nightly lodging accommodation on Lot 4A Block 3, Original Townsite Seasalt Replat within the Central Business (CB) Zoning District 36 R�CEIVED I CFI OF SEWARD PBI" »`� Community Development P. O. F3as 1fi7 �Y)/,224,z100 90/.224.�038 kic y ,;ara.Al;1Ska 99661 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�I�(� /} Address: ! b Am?, �2� J , A-y �aq�� Telephone Number.1�7[�� c,2���Tr f Email: CcLp ltL„a(�t.>rCJjN,.Cprl? j Property Owner(if other than applicant): 1� C,� i 2Z�..r 4'G I WC, Address: fC!`>Kv qj 1 j Telephone Number:�67 o +(_ � .Email: l j Property Description Address: �' ) /T1 �r Lot Size: Lot:�_Block: _ Subdivision: �, cJtK17 _G1 (��f1lf► �x��s 'j r� Kenai Peninsula Borough Tax Parcel ID Number: Development Information What structures are on the property? 4 tALV 10 r How is the property being used? AAS What is the proposed use of the property? r 1' k What is the development timeline? GC)rnbl-_+r_j 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) 37 A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. Jb B) Describe any impacts to the adjoining properties and how property values may be affected. We- LAI- C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: htte://www.ci!yofseward.ust 11-4 .i'�� D) Describe M t tfe public services and ac"-"es that will serve the proposed use. (i.e., roads, utilities.) 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. re F) Include building elevation plans and a site plan, drawn to scale. The site plan should include: 1) Property dimensions ;�3 U 1 /6 0 2) Location and dimensions of existing and planned buildings ,/ 3) Parking configuration 5-hm�-r 4) Driveways and access 44,"— 5) Natural features 6 Other pertinent information 38 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 7tings are held a first Tuesday of every month. Applicant Signature:IL L i Property Owner Signature: v i i i ! Enclosed: $250 Payment ( j Dimensioned plot plan 1 drawings ( ) Other: ( ) 39 ONLI'mics '"Elm NEE ENNIMMEM No ONE JOSE 0 MEN ME 01009-ff" ON No MEEM MENEM Jim .1ril.l., R. 0 11 MOMM mommm NNI lmml�m.m MEMO M IMmMJI.lmM millijul all limlimmol Emill .1111111 &MENEM VIONME 0 NOMENE Milo MEMO mommi'lls mlimmism 0 No 0 0 ONES Sol immmilillim I OEM MEMO ME 0 MEN NEESE ME IN cillissimmi M lislas M IM IRE i����ll� 11 ��� �! 'mill M111 .a..�iS11 .:�1O�. 0 CITY OF SEWARD RECEIPT# 28293 410 ADAMS STREET 5/17/2019 PO BOX 167 Received SEWARD AK 99664 phone: (907) 224-4050 From • Lookup Name Payment Type Check# Amounts 11122 COMMUNITY DEVELOPMENT Credit Card 327079965 Due 250.00 Tendered 250.00 Change Due Description: Conditional Use Permit-Marina Motel-Seasalt Annex Taxes Payable - Sales 16.35 Zoning Fees 233.65 41 SHORT TERM RENTAL PERMIT APPLICATION CALENDAR YEAR: 2019 One application per physical address INCOMPLETE APPI ICATIONS WILL A'OT BE ACCEPTED Business Name: Marina Motel-Seasalt annex State license number KPB Sales tax numl Applicant Name: (Check box far eontaetpreference:email,phone, etc) First: Charles Middle: Elliott Last: Jackson Jr 0 Email:sewardiodging@yahoo.com @ ❑Phone Number: ❑ Mailing Address:1120 Huffman#24 PMB416 City.Anchorage State:AK Zip:99515 Physical/Street Address of Short Term Rental: KPB Parcel# Prolsrty Owner: Fill out if different than applicant listed above(Check box for contact preference:email,phone,etc.) Name:First: SAME Middle: Last: MEmail: @ ❑Phone Number: Address: City. State: Zip: Type of Lodging(check one) Zoning District,CB ❑Whole House Rental on a Nightly Basis RR RI R2 R3 OR UR AC CB RM ©Room Rental on a Nightly Basis Is this your primary place of residence? NO Fl number of parking spaces provided: NIA Number required by code: o l number ofbedrooms/apartments in unit/house:11 Number of rooms used for nightly lodging: 5 l square footage of house/unit:3015 SF Total square footage used for nightly lodging:600 SF Overnight lodging uses are allowed within single and multi-family residential buildings in accordance with City of Seward Code §15.10.225. a Short-Term Rental(STR)/Lodging is defned as the rental of any structure or portion of any structure for occupancy for duelling, lodging a•sleeping purposes of 30 consecutive days or less. Upon approval,all Short Term Rental permits are subject to the following conditions.Signature on this application indicates agreement to these conditions (See packet for complete check list,instructions and applications). • Completed City Business License application and fee$30.00¢SC'c8.3o.o2s(��) • Completed Short Term Rental application(scc Is.lo.225,IS.I0.226) • Life Safety Inspection and fee$47.00 per hour+tax(scc 12.o5.on(J)9whie 1.4 az) • Completed Registration for Seward Bed Tax(s(.c 5.45.025,5.45.035,s 4s 040,5.45.a45 hntellmatel) • Dimensioned Site/Parking Plan-(rcc 15.10.225,IS 10.226&15.10.21S(b)) • Dimensioned Floor Plan(sccl5.10.225,15.10.226) • Eligible Zoning Types The use of a short-term rental shall be consistent with the allowable uses within the residential zone and consistent with the provisions of Seward Code§15.10.225,Land Uses. As Applicant,I Charles E Jackson,Jr ,certify or declare under penalty of perjury under the laws of the State of Alaska that the foregoing is true and correct By signing this Application,you are agreeing to the indemnifrcationlhold harmless agreement below: avner,applicant agrees to indemno,,save,protect,hold harmless. and defend the City of Seward,the City Council of the City of Seward, individually and collectively, and the City of Seward representatives, officers,officials, employees,agents,and volunteers from any and all claims, demands,damages,fines, obligations,suits,judgments,pena ies,causes of action, losses,liabilities, or costs at any time received,incurred, or accrued as a result of,or arising out of Owner's qctions, Tor i con in the peration,occupancy, use, andlor maintenance of the Pro711 ty. APPLICANT SIGNATURE: [� DATE: 4' Date: I 1110E USE GNLV Zoning District(circle one) Zoning review and comments: RR R1 R2 R3 OR UR AC CB RM Office use only each department must initial&Date for approval Clerk Community Development Finance Fire fee paid for tife safety$ Clerk Permit Issued 42 Seward Planning And Zoning Commission June 4th Meeting RE: Concerns with the Sea Salt CUP Dear fellow commissioners, I apologies for not being in attendance. I have some concerns with this CUP which have to do with being consistent with other recent OUP's. As with the Marathon Apartments CUP we are looking at a mix use CUP. The applicant plans to use some of the rooms for Nightly and some for Long Tern lodging. Since the City of Seward is not in a position to monitor which rooms are being used in which way, we have required that all rooms meet the most restrictive requirements for both Nightly and Long Term lodging. With 11 rooms this project should meet the same requirements of a Hotel, i.e. sprinklers. Furthermore; even though the Harbor and Downtown zoning does not require that parking be provided, We have required parking with both the Marathon Apartment and Harbor 360 Hotel CUP'S. As this CUP is requesting a change in use, the same minimum parking requirements should be required. Lastly is an area that we have not encountered recently. This building has for decades operated with a restaurant on the first floor and long term lodging on the second floor. There are additional fire separation requirements when two different entities operate in the same building. I do not know if this building meets these requirements of not. Currently these requirements would not need to be met under "grandfather" clause. With this change in use CUP it is my opinion that these requirements would know need to be met. Thank you 513©// orn 5 oner Swann 43 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-012 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD,ALASKA,AMENDING ADMINISTRATIVE FILING FEES FOR LAND MANAGEMENT,SIGNS, ZONING AND PLATTING REQUESTS WHEREAS, in accordance with provisions of the Seward City Code, Resolution No. 97- 003 established certain fees for land management, signs and zoning activities; and WHEREAS, the Seward Planning and Zoning Commission held a work session to discuss the current schedule of filing fees for Land Management, Signs, Zoning and Platting services charged by the Community Development Department on May 22, 2019; and WHEREAS, the current schedule of filing fees for Land Management, Signs, Zoning and Platting services do not adequately recoup the City's costs of providing certain services therefore, the costs are borne by the general public; and WHEREAS,The Planning and Zoning Commission finds that providing these services is of special benefit to applicants both separate and apart from the general benefit to the public; and therefore, in the interests of fairness to the general public, the Community Development Department desires to better recover the costs of providing these services from applicants who have sought the City's services by revising the schedule of filing fees contained herein; WHEREAS,fees and charges for services included in attachment A do not exceed the estimated amount required to provide the services for which they are charged; and represent only amounts necessary to recover the cost of providing the service and/or enforcing the regulations for which they are charged; and WHEREAS, SCC 15.01.045 provides for the establishment of fees to defray a significant portion of the administration costs associated with the processing zoning related applications; and NOW, THEREFORE,BE IT RESOLVED BY THE SEWARD PLANNING AND ZONING COMMISSION, that: Section 1. Fees services are hereby established as set forth in the fee scheduled which is attached (Attachment A) and incorporated herein by reference to defray the costs associated with Land Management, Signs, Zoning and Platting services. 44 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-013 Section 2. All resolutions in conflict herewith are hereby rescinded. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND APPROVED by the Planning and Zoning Commission this 4`h day of June, 2019. THE CITY OF SEWARD, ALASKA Cindy L. Ecklund, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: None ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 45 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-013 Attachment A LAND MANAGEMENT, SIGNS, ZONING AND PLATTING SCHEDULE OF FILING FEES Land Use Schedule of Rates, Charges and Fees Fee Conditional Use Permit 300.00 +Recording Fee Copies 8 1/2 x 11 & 11 x 17 B &W(per page) $0.40 Copies 8 1/2 x 11 & 11 x 17 Color(per page) $1.00 Employee Campground Permit- (annual fee) $200.00 Encroachment Permit 50.00 +Recording Fee Flood lain Permit $100.00 Land Use Amendment $300.00 Large format Printing 17 x 22 (per page) $15.00 Large format Printing 22 x 34 (per page) $20.00 Large format Printing 24 x 36 (per page) $25.00 Large format Printing 28 x 40 (per page) $30.00 Large format Printing 34 x 44 (per page) $45.00 Large format Printing 36 x 48(per page) $65.00 Large format Printing (Custom Size) $100.00 Lease Amendment 100.00 + Recording Fee Lease Assignment 50.00 +Recording Fee Non-Conforming Certification $50.00 Preliminary Plat Review $75.00 Recording Fees Set By State of Alaska Rezone(Zoning District Change) $300.00 RV Park, Mobil Home/Camper Park Permit (annual fee) $200.00 Sign Permit $30.00 Site Plan Review Included in Building Permit Fee Street Address Assi nment NO Charge Variance - Land Development Requirement 300.00+Recording Fee Variance - Sin $100.00 Zoning Code Appeal $350.00 46 Agenda Statement Meeting Date: June 4, 2019 To: Planning & Zoning Commission From: Jackie C. Wilde- Planner Agenda Item: A Resolution Of The Planning And Zoning Commission Of The City Of Seward, Alaska,Amending Administrative Filing Fees For Land Management,Signs,Zoning And Platting Requests. BACKGROUND & USTIFICATION: The Seward Planning and Zoning Commission held a work session to discuss the current schedule of filing fees for Land Management, Signs, Zoning and Platting services charged by the Community Development Department on May 22, 2019. Seward City Code 15.01.045 provides for the establishment of fees to defray a significant portion of the administration costs associated with the processing zoning related applications. Provisions of the Seward City Code, Resolution No. 97-003 established certain fees for land management,signs and zoning activities.The current schedule of filing fees for Land Management, Signs, Zoning and Platting services do not adequately recoup the City's costs of providing certain services therefore, the costs are borne by the general public. The Planning and Zoning Commission finds that providing these services is of special benefit to applicants both separate and apart from the general benefit to the public. The fees and charges for services included in attachment A do not exceed the estimated amount required to provide the services for which they are charged; and represent only amounts necessary to recover the cost of providing the service and/or enforcing the regulations for which they are charged; INTENT: The Community Development Department desires to better recover the costs of providing these services from applicants who have sought the City's services by revising the schedule of filing fees CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other(list): . Seward City Code 15.01.045 X RECONIlVIENDATION: Approve Resolution 2019-012 of the Planning and Zoning Commission of the City Of Seward, Alaska, amending administrative filing fees for Land Management, Signs, Zoning and Platting requests 47 City of Seward,Alaska Seward Planning &Zoning Commission Mimites May 7, 2019 Volume 7, Page 331 CALL TO ORDER The May 7, 2019 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Vice Chair Martha Fleming. OPENING CEREMONY Commissioner Seese led the Pledge of Allegiance to the flag ROLL CALL There were present: Martha Fleming presiding, and Gary Seese Nathanial Charbonneau Tom Swann Kelli Hatfield Comprising a quorum of the Board; and Also Present Scott Meszaros, City Manager Brennan Hickok, Assistant City Manager Jackie Wilde, Planner Andy Bacon, Planning Assistant Excused Cindy Ecklund Praig Ambrosiani SPECIAL ORDERS, PRESENTATIONS ANDRE'PORTS Administration Report Jackie Wilde t the Commission on the following;business items a The City is ctmntly auctioning off'four lots on First Avenue. The auction has been noticed in the Sep Journal;and Anchorage Daily News, and ends May 29 • Wilde attended natiio,nul plan nu g conference, and appointed to management and planning division of APA. Will was awarded a scholarship to attend next year's conference, and is recewing a reimbursWent.for this year's registration fees. + Electronics Recycling day is May 11 • Seward Rotary Club'hosting a fundraiser, also on May I 1 + Wilde introducedie`Commission to our new City Manager, Scott Meszaros • Meszaros thanked the Commission, and gave a brief personal and professional background. Mr. Meszaros stated that he is happy to be in Seward, and looking forward to working with everyone • Wilde notified the Commission of an upcoming City Council Work Session on May 28`h relating to utility extension and housing, and encouraged Commissioners to attend. Other Reports, Announcements, and Presentations-None 48 City of Seward,Alaska Seward Planning &Zotdng Cominissiott Minutes May 7, 2019 Volume 7, Page 332 CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Lynda Paquette, outside city, notified everyone that the Seward Civic Engagement group will be meeting at the library this Thursday at 6:00 PM to discuss expanding Seward's voter base. The topic for the May 23rd meeting is understanding Borough representation APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Swann/Charbonneau) Approve the agenda and consent agenda Motion Passed Unanimous The following item was approved on the Consent Agenda: Approval of April 2, 2019 Regular Meeting Minutes New Business Items requiring a Public Hearing Resolution 2019-006 of The Planning And Zoning C4wmJss 'Of The City Of Seward, Alaska, Granting A Conditional Use Perinit To,Shelly Lender .T- 'operate A Mixed Use Six (6) Unit Multi Family Dwelling On Lot N10 Feet of Lot 36 and All s „Lot 37 Block 8, Original Townsite, Located At 232 Fifth Avenue; Within The Central Business(CB) Zoning District Wilde discussed the application and described;the property and adjoining land uses. Wilde cited the portion of City Code regiiirir►g'a conditional use permit application for a change in land use in circumstances where a 1'aod use was, ermitted under rionconformilg conditional use provisions. Wide discussed the reco nnpendatioMniade by City staff during the departmental review process, and asked building department staff-to provide more detail on these recommendations. Deputy Fire Chief Clinton Crites,appearedfromt caudience to address the Commission on building department recommendations Crites stated that.a code study,certified by a professional architect or structural engineer..is'.recommended for this andtuture conditional use permit applications requesting a change of use in scenarios where uses were pe:mutted under nonconforming conditional use provisions. Crites stated that the Seward Building Department has limited resources in addressing life safety requirements in older buildings when a use or occupancy is changed, and that a professional architect may find more efficient alter-native s'to fulfilling life safety requirements other that what the building department may recommend. Crites discussed the benefit to the property owner in having another set of eyes look over the building,possibly providing multiple ways to address life safety, other than installing sprinkler systems..Building Inspector Stefan Nilsson,appearing from the audience, added that this request is particularly important when permit applications describe moving to a more restrictive use of a building. Crites added that the building department receives numerous requests from property owners asking what specific improvements they need, in order to change to a more restrictive building use, and that building department staff is trained to interpret the building code and verify that a property owner did what and architect said. In response to Swann asking for specific verbiage, Crites stated that this process is called a `code study,' `code analysis' or `code review analyses' Discussion followed regarding building code regulations for multiple family dwellings or hotels. 49 City of Seward,Alaska Seward,Planning &Zoning Commission Minutes May 7, 2019 Volume 7, Page 333 Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Mary Kulstad, inside city, stated that she is the owner of Hotel Seward, and believes that anyone conducting a nightly lodging business should have the same safety requirements and associated costs as a hotel. Kulstad stated she is also concerned about the impact the proposed use would have on parking. Kulstad stated that the Best Western Hotel creates most of the parking issues on this block by not utilizing their parking lot up the street. Shelly Lindell, outside city, owns the subject property, and clarified that it is actually a seven unit building. Lindell also stated that each apartment unit is small in size, and are suitable for single residents, thereby reducing the impact on parking. Lindell stated that her intention was to be able to upgrade the building and provide nice housing for locals and one'way to fund improvements on the building while keeping rents reasonable is by renting two units on a nightly basis. Lindell stated that she and her husband are very much interested in being part of the community and creating nice housing for residents of their building. Mark Kulstad, inside city, stated concerns about fire separation; and the higher standards required of nightly lodging such as stairs, egress, and hallways. Kulstad discussed concerns about adequate street parking, and City of Seward enforcement of parking regulations. Matt Lindell, outside city, stated that he wanted to clarify an earlier statement about thin walls, and that he spoke with Building Department staff regarding life safety ratings for lathe and plaster. Lindell stated that concerns about ;parking issues on the block should be attributed to the Best Western hotel. Hearing no one wishing to speak,the pub.11ie hearing was closed. Motion(Swann/Hatfield) Approve 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 8, Original Townsite, Located At 232 Fifth Avenue; Within The Central Business (CB) Zoning District Swann noted that there were seven units and they were all small, making them more similar to studio apartments. Swann discussed parking requirements in the Central Business District, and suggested that the owners should provide one parking space per apartment unit, totaling seven spaces. Motion (Swann/Charbonneau) Amend condition number three to require seven off-street parking spaces 50 City of Seward,Alaska Seward Planning &Zoning Commission Mimites May 7, 2019 Volume 7, Page 334 Motion Passed AYES: Seese, Swann, Hatfield, Charbonneau, Fleming NOES: Fleming stated that she was unsure if the Commission could require a code study in this instance since work had already been done on the building. Wilde stated that the Commission could add a code study as a condition to this permit, and the owner could either comply, or apply for a permit extension, or let the permit expire if the use has not commenced"within six months. Swann stated that since this is a commercial building, the code study requzre,ment made sense, but did not want to make a condition that was overly restrictive. Further discussion followed relating to what code studies entail. Motion (Swann/Charbonneau) Add condition number eight to state the applicant shall provide a professional architectural code study Motion Passed AYES....,..... Seese, Hatfield, Swann, Charbonneau,Fleming NOES:. Motion (Swann/Charbonneau) -Amend 'flie` title of the resolution and all other references thereafter, to strike "six unit multi-family" and replace with "seven unit multi-family" Motion Passed AYES: Hatfield, Swann, Seese, Charbonneau,Fleming NOES: Main Motion Passed AYES: Hatfield, Swann, Seese, Charbonneau,Fleming NOES: 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 51 City of Seward,Alaska Seward Planning &Zoning Commission Minutes May 7, 2019 Volume 7, Page 335 Wilde stated that the applicant is planning to construct a four unit multi-family dwelling as the second phase of development of the Harmony Villas independent senior housing complex, and the structure will be located adjacent to a 5 unit multi-family dwelling that was approved for construction in 2015. Wilde stated that the property upon which the project is located was given to the applicant by the City for the purpose of senior housing development. Wilde described the uses and zoning of adjacent properties. Vice Chair Fleming relaxed the rules to ask questions of the applicant, appearing telephonically. Fleming asked about the size of the parcel, and if there were plans for additional phases of senior housing development. Applicant Brandy McGee stated that tfls`Ys the final phase of the project. Fleming asked what the applicants plan for snow remoyaLwas. McGee stated that Metco was contracted for snow removal and sanding, and Hatfield asked if this was going to be income based housing. McGee stated that three units would be market rate, and or'was income restricted, which is reserved for persons at or below thirty percent median income. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Hearing no one else wishing to speak,the public hearing was closed. Motion (Swann/Seese) Approve 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 Main Motion Passed AYES: Swann, Charbonneau, Seese, Fleming,Hatfield NOES: 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 Wilde stated that this application is for a mixed use four unit multifamily dwelling, and that the existing building on the property is a four unit multifamily dwelling. Wilde cited the portion of City Code requiring a conditional use permit application for a change in land use in circumstances where 52 City of Seward,Alaska Seward Planning &Zoning Commission Minutes May 7, 2019 Volisme 7, Page 336 a land use was permitted under nonconforming conditional use provisions. Wilde stated that this item was properly noticed and reviewed by City staff. Wilde stated that the building department requires adequate fire separation, and is requesting an architectural code study. The Police department requested security lighting for the parking in the rear of the building, and cited concerns over the adequacy of parking in front of the building, as it is presently full of the applicant's personal property. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Mark Kulstad, inside city, asked the Commission about conditions required in a previous public hearing item, and whether or not compliance was also required. Kulstad continued with questions about a previous public hearing item. Brad Snowden, inside city, discussed his application with the Commission. Snowden discussed surrounding land uses and noted several nightly rentals in the immediate vicinity. Snowden discussed his neighbor's parking requirements, and stated that he is trying to comply'with every request the City has made, has jumped through a lot of hoops, and is not asking for anything special. Hearing no one else wishing to speak,the public bearing was closed. Motion. (Swann/Charbonneau) Approve Resolution 2019-008 of The Planning And :Zoning Commission Of The Cify 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 Fleming asked about the parking requirement for the building, and Wilde clarified that the submitted site plan showed adequate parking. Swann discussed the code study requirement being a condition that is appropriate for a change to amore restrictive building use. Motion (Swann/Charbouneau) Amend recommended conditions to add number nine, requiring a professional architectural code study with remedies. Commission discussed amending the wording while the amendment was on the floor for vote Motion Failed Unanimous Motion (Swann/Charbonneau) Amend recommended conditions to add number nine, requiring a professional architectural code study with compliance. 53 City of Seward,Alaska Seward Plamdaag &Zoning Commission Minaaes May 7, 2019 Volume 7, Page 337 Motion Passed AYES: Seese, Hatfield, Swann, Charbonneau,Fleming NOES: Main Motion Passed AYES: Hatfield, Swann, Fleming, Seese, Charbonneau NOES: UNFINISHED BUSINESS --None NEW BUSINESS A. Discuss Title 14.05 Garbage and Refuse Wilde stated that this item was brought forward by request of a citizen, specifically the CUP requirements when it comes to dumpsters, and animal resistant trash containers, as well as in anticipation of the forthcoming ban on plastic bags and single use containers. The citizen requests that the Commission schedule a work session to address these topics. B. Follow-up discussion of April 16, 2019 Lodging Work Session Bacon stated that at the close of our April 16, 2019 work session, Commission was asked to reflect on the discussion.and direct staff on haw to proceed. Swann requested that this topic be taken up again when administration has gathered more data on short term rental use. C. Set topic for May 21, 2019 Work Session Commission set topic to discuss changes to the fee schedule, and utility expansion and housing, in preparation for May 28, 2019 City Council work session Commission Comments Charbonneau-Thanked staff and.the public for attending the meeting Seese-Welcomed new City Manager, Scott Meszaros Swann- Suggested a Did You Know topic to state that when providing short term accommodation services, hotel bed tax is owed regardless of whether or not the business owner collected it Fleming- Thanked staff for the packet, and stated that it was right that we were coming up with a plan to address changes in building use. Citizens' Comments Brad Snowden, inside city, thanked the Commission and stated that he is going to have a Marriot quality hotel on his property. Snowden discussed the time and expense this whole process has cost him. 54 all City of Setivard,Alaska Seward Planning &Zoning Commission Minutes May 7, 2019 Volume 7, Page 338 Lynda Paquette, outside city, asked that administration should provide a list of architects to property owners if requiring their services. Commissions and Administration Response to Citizens' Comments Tom Swann stated that in the State of Alaska, commercial buildings already require engineered drawings done by professional architects. Swann stated that Seward has put forth good effort to help property owners develop, and that the building department and fire department seem overburdened with requests to advise property owners on the steps to take ta..become building code complaint. Swann reiterated a point that was made earlier, which is that an snchitectural study can actually save money by providing the most efficient means to renovating 6 building to bring it up to safety standards. Jackie Wilde stated again, that the Community Development department would put together a list of architects in the area,just as we do with land surveyors. ADJOURNMENT (Swann) The meeting was adjourned at 8:45 p.m. Jackie C. Wilde <Cindy L. Eclland Planner Chair. . (City Seal) 55 THE COMMISSIONER 201E ; JME 21,t4l,rsBER S PLANNING TOOLS LAW BEST PRACTICES I HISTORY Costa es Looking forward Seattle Fine Tunes Backyard g T it:he SeattleFlanngt_csr ,nissionhas remained steadfast in its support of INCE ITS CREATION IN 196Z.the Seattle Planning C,nmmission has understood the ADLs.In June,the commission ts5uc'd a .\ importanLe of housing choice and affordabili v in a growing city.Moreover,the letter supporting a number of the change., commission has alcsay's championed a variety of housing tools rather than relti ing to current regulations that were studied in on a single action to sol e the housing problem. the entironntenta':reviest.:lmong them: One of those tools is the ac,essoi v dts'elling unit,more commonly known as a,grannv flat when it is part of a larger structurei or a backyard cottage"when it is a detached unit)_ Allowing more than one.alJ[ per tot •Remou;ng the ofl-street parking Looking backs t; requisemen' �! Until .-he [9�0s,ADL-s'.cere common- 4 t place in Seattle.Both gj)es w etc puma- Reuiot'ing the ott'nei occupancy fed under local'.aws.Over time-hcnreGer, _ requirement`car the principal stru tu.e this type of informal housing fell out of 1 favor and was no longer permitted in I •Reducing the current requirement of ' !oW density.Single-family re idential a 4,000-square toot minimum lot size zones.In 1993,in response to widespread � - �on,:ent about the cost and avalabdih of r� ��� •Licreasing maxunu:n allowable housin ,the�Iashmgton state legislature `a _ floor area ' began to require[ucal iurkdi tions to k - adop legislaTion allot,ing Al)Ls.Since Increasing tl.c height limit fur bat I99I the crtt of Seattle has allowed_ DI s 1 tiard coital es on terrain list, in sr.,gie-fani.h zones so long as they are r inside of or attached to the vita n t oc�se_ ����. Increasing the iear t`ard coterage limit In ?995,the Jtr council establt:vied Col-'ingle stor: cottages a demoirtration p=.-ogrtm for innovative Tne at ,e. or cot'a� in Sea le Je ` housing desugn.Working with tine vocal ,c dla�d r r l aE pianni a l ncouraging tlexihilit regarding h.sus- � � chapter of the American Institute o_r amm,son;.,upp ing size o❑a,itgic lot architects,the ctty spy}visored 3 design .:ompetttiun for innovative. neighbor policy changes that would increase the •.appl.ing ticrtr area limit, o net.' hood approprratc"'nou itglhe aim oT the number of attached and detached 1l)La. develttnment to single tinnily zones as ' Program was to n'rease the in int'en- Ine&partment considered regulators' a Means of dis,:ouraging speculative ,? ton of high au ttit`•affo:dahle housing, Changes,tnges,incentives.and marketing pro- detelo-oniont and the destruction of Pie de.zoi sir+tti n prograrr al_owed gr ts..l tear later.,the Mal ,r'S Housing _urgent hc,u;ing stork _ar e tai of the uti"s existing land use Af;ordabi i-t and I ivabdsty_Id:isor} code rcqurrement5 to be modified to Committee released its hnal recorr.men Reducing predevelopment )sts to accommodate up to10 bacl.vatc cottages. lotions. the list included a recommends- encou tge Al?L"praduc-ion,espc.ialh: ' In 20,06,a pi of program began in south tion to remove code barrier,.hat made it to.=o,cer ineonte home owners Gait sett e.[)'.trio`tl i,43me.rl-,nt1:n; difficult u,build Al)C s- �, departme-i t staff inet t ttl oral it nit} B)-late 201 ,fewer than 200 back- As Seattle continu:s to grow at an n'Ulil card.:nttage,had been built.n-_h -'t,-; unprece ienteei rat,,,it is imperative that or31r i7ations and n'Aghbors.arid ' st _ the pilot pr;r�ram eras expanded,its.vice. fewer than one quarter of one percent of the pit} Er n ide additional howtr_g _ the planning Commission worked with srtg.e family lot;had one.In r snon,e, huice, t sm'Le highest density-to the the planning department to issue a `C;uide the planning department began e yptorins loiters. Doing so will help existing resi to Build_ny a Packard Cottage: I--. it,the poh:1 changes..1n ent'irorn or*al imps t dents to amain in their neighborhoods commission urged recognition of ADCs statement released in June of to is yea,' itihile ivititing newcomers to inin them- ■ - s an upportant tool for p.o,.idin,atLo:d concluded that tint of the feared imp- 1,)1c h >iag spt erns. a of rh :iI?L s r l t ling he loss of l c '_t)1-1 _c .-tr;.ou.ncil di c ,-_tree[parking an-1 -r.se u speculative-Tcd Lhc vlanr-.ng de,ta_tnent to explore cie,c lot)ment were-,l-foundzd 56 - THE COMMISSIONER Law said,courts On Quasi-Judicial Decision Making recognize articular situation. t zethattheboa.dsmakingthese decisions commonly are composed ADAM LOVELADY of citizen volunteers mthcut a legal Adam Lcveiady s--ip coauthor,with David Owens,of background.They may not be held to ail the Quasi-Judicial Handbook;A Guide for Boards Making l of the rules of evidence and civil procedure Development Regulation Decisions(published last year by required in a courtroom.Still,quasi-judicial the Un:versit%j of North Carolina School of Government)- boards generally most adhere to certain In addition to teaching in the UNC School of Government, procedures and display fundamental Lovelady established the Solutions Forum,a workshop that fairness in their proceedings- brings together local government officials in the state He has also practiced law,focusing on land-use regulation, Can you give some examples of quasi- environmental lar,and sustainable development, judicial decisions? AL.Decisions of a board of adjustment- ---_— ------ _.__----------_---_- ---_-�.�__- . --.- —.--- called the zoning board or appeals in The Commissioner: before it,not on personal or poetical some places—are commonly quasi-judicial, Who is the handbook preferences They include variances and appeals of • . addressed to? staff decisions.In North Carolina,special- Adam Lovelady:Gav+d Haw is aquasi-judicial decision different use permits,which require deveiopnient Owens and I intended from other land-use decisions? proposals to be reviewed for compliance it as a practical aliide AL:Good question.There are a few with certain standards,are quasi-judicial. for members of citizer+boards making different types of land-use decisions. So are certificates of appropriateness for quasi-judicial land-use decisions and`or Some are legislative When d town council development in a historic distrir_t.Some the planners who assist those boards the amends the zoning ordinance for instance, states treat rezonings of small areas as books written for local governments in it is taking a legislative action.Council quasi-judicial. North Carolina so the statutes and case members are making a political decision law are specific to the state_But many that they believe to be in the best interest What has been the reaction to the book? Of the broader lessons--providing due of the town.The decision applies broadly AL I have re,ard positive comments from process,running an evidentiary hearing, and the council has fairly broad discretion board members and planning staff from weighing evidence,and so on—apply to make the decision. around North Carolina.We aimed for thisRN regardless of'he jurisdiction. Other land-use decisions are ministerial to be a useful guide for citizen boards,so or administrative.When the zoning officer we included sample documents,a sample What did you intend as the basic message? 1 ,slues a notice of violation.for script for-,he board chair, and AL: Simply that boards making quasi- I example he or she is makin9 a other tips and tools to make it judicial decisions must follow certain I ministerial decis€on based or. practcal and user-friendly. Procedures in order tc protect trio due objective standards set forth r. process rights of all the parties involved. the ordinance i What is next for you? Most importantly,tl,ey must be fair in Quasi-judicial decisions fall f Ai:Here at the School of carrying out reguiat+qns and seek to ens°ire between these other types Government I teach land-use good governance in whatever they do. of decisions, A board making law to both ofammng and law When a board n-akes a quasi-jud c al a quasi-judicial decision does students But I also teach, decision it is tak ng a general law and not have the broad discretion courses and do consulting applying it to a particular property or of a legislauve action,nor does work•.vith local government ,i situation.When someone sepses a variance it have the clear objective standards that planners,attorneys,and elected officials. from a land-use regulation,for example he guide a ministerial decision.a quasi- Working with pracUt:oners inTorms my or she is asking that the rules no relaxed ;udicial board must use some judgment I research and vmting,and!am noiv ofor a particuiar property-Such a quay- to review the evidence and determine :.orking on projects related to sign a judic�al decision requires the decision- inosv the general rule applies to the regulations,affordable housing,and L' making board to consider all the evidence particular property. redevelopment€n suburban places. ■ t is ncumbent upon the board to As Indicated by the name,a quasi- % follow'he anpllcable procedures and to judicial decision.s`Ike a court"decision - a` make the decision based on the record in that the general la , s ad;uoicated for z-:: , , r e F Planning 57 THE COMMISSIONER a,..b r, r 17 ZK� precinct.Calculating the percenLage of A New Approach to Redistricting racial and ethnic groups in districts allows planners to identify areas of retrogression VERY 10 YEARS, IMMEDIATELY FOLLOWING the decennial census,states and citJes (e.g.,dilution of a minority population i. across the IL,.S-face the ardumis task of redistricting -redrawing voting districts The Ifilhborouh Countvcomrmssion 'fypi:allv,elected officials lead the redistricting relies on materials available in almost based on iianges in,population. effort.lhty often face charges that the process is unaccountable to the public and leads every planning department:certificates to crrvrnandtriPg:'redisti-Lnng along political lines). ofoccupan, ing the relatively simple l distributed housing method,pLanners with a basic understanding of CrIS can "[he purpose of this is to pro that the pulnik is aware of what is happen create population estimates down Lo the tide a, method that relies ing.the conirmssion or--pares handouts precinct level and then begin'he process ri alternative:a ii on planners and planning coumnsmoners to explain the process and uses ranking of developing alternatives. In 2020,with rather than elected officials to redistrict forms to solicit fee dback_The responses the release of new census data,redistrict- in unicipal i ties and countici. Plal'inCT, help the eorninjs5ion stalf ing will become even easier. --in (and man}'�7onirri;smon members)hateelect the most appropriate Allowing, indepen the rig tit skill sets:knowledgc ofaeo boundaries and address -oiiimission dent planning In h L information systems and local neighborhood coricertis final decision graphic to make the building The result 4i districts Iding trends,public outreach wols, On newly drawn districts is and access to appropriate data to prepare that are gcograpllicaily hkeh to instill confidence in the electorate.If el(!.:ted impartial maps and recommendations. 0ddly shaped .:I "�'j -Aficials remain at arros district,are not allowed An impartial approach the dislrcts must also be length,a relatn e[y Com Since he rriLi pie sated and controversial lie planning and may not be commission of I fi1!,,borou,,h County %plit. the goal i,,to arri%e at projoct may be completed fai Z City--Count} Planning,Cnior mis,�ion roughli equal pop-,,.Iatior. w 'ittle ith I JareL And, J has been the sti le a,cric-i; :harged with levels. [tic redistricting onside;N total, while the use of planning conirnis.,ioni to Tatnpa�four sin gltf-member population--not voting age,population, serve as redistricting agencies may sccin redrawing districts every four 1%CarS,as Zllisi gnCd")V or number of registered -oter,i alone. unusual at first.the truth is that planning -i -olded re. Partisan-cdktrict�rig is a% commissioners often have the experience the Florida legislature w planning commission is a and disposition to handle redistricting i A Lirinque aspect is its tran�partnt bccaus,,cl riat'ne. the T mpa City is nonpartisan il'-c"Ic-v and the redistricting problems lust as they would any othera briefed at the beginning and And or the is open 71,Public S crutinv.I ikc,^i se,racial land useissue. ■ t h.e gerryinanotfring is avoi U preces�.but its entlrelv absent from ded'v taking into rcclistric:in,it�elf.Numerous public out account i-oting pelt rns and lea,-F events areheld-egularly to ell.,ure the number ol'5q,is,'ered vo-ers in each AT YOUR FINGERTIPS Planning board a-d campus on-nemne;generally don t go--. orofessors h;sto,iars.and a fair-,umber c practicrg planrer,,. �)r 'or U t a ratter.r- =or",ore,go"o�ar-.rph.o,g. rr—ch trra�n.nq it preservation the-i,_tor,,ot-h,,.;r c:%ry .murity.Corferences are-,9:oo way Tne annual Ar-_njt ti.,rc im:-rurr.FrPels rot to fill the go,-.per e are tvvo ir PhilisdetpN ay 29 a,M. June 1,2019,ls focus is",:irdirary The Society for City and Regional Planning istory rDld,,its buildings and landscapes."Attendees come from.many -i next biennial meet rig Ictober 31 to Nove—ber 2,20119 in the backgrounds—mclud'Ing plarr�ing—a-id from many co ntres. Wasning'cn.D.C.,area;the onferenca hotel is r Arlington, Tie firs'two clays Of its t,nree-daj ccinference are devoted to WIIKI*� Virginia) The sessions.on a wide variety of topics are s_kvays tQu,s of the area's adihonaf housing.commercial structures, : vill T�ignlignt the area's many and cultural landscapes.`,A�also has-a useful Nvebsfte and nteresting.Tours next year v a 5; least or o d leb lots hi�toric communit:es.3- a plj-rca t � irr,an 'e ge c3iffer,g id u ocks from ore�j�ous conferences. under,7oirg trarsforrra"inn and 3 t-;-h array(-,4 mul�ic'-hnic more a-yerr acjIar-3r-_m'e.--ji-eforum.o— suburbar,canters.SACR?H'_;merbe,,hip includ _,piari.q 58 IAlliance News fro nnR on 10 Introducing FEMA The primary purpose of these Integration Team Staff Community Planner positions is May 2019 g working with State, local and tribal Volume 9,Issue 5 Community Planners in OR,ID offices partners on building capacity to plan for and become resilient to natural As the scale and severity of disasters hazards, including floods, continue to grow,FEMA,along with earthquakes, hurricanes, fires, State, local and Tribal partners,must tornadoes, and other emergency Insideincrease our capabilities to prepare related events. for, respond to and recover from disasters. They will be supporting the Natural Hazard Planning initiatives and FEM' Integration TeamIn July 2017, the FEMA Integration Mitigation Planning programs in Teams (FIT) project was created to their respective states, providing enhance the Agency's customer technical advice and guidance in the Field"2 "Experts in the Video service and the efficiency of its development of sound mitigation program delivery by embedding strategies and solving regional FEMA staff with its State, local, and planning issues, and delivering BuildingTribal partners. Staff will be co- training to support mitigation located with the customers they planning guidance. Region 10 serve, to build even closer Training relationships and strengthen Additional FIT staff are located at Opportunities each office, including Preparedness readiness across the Nation. Specialists, Communications online Calendar The rollout of the FIT program is Specialists, and Operational being conducted in a phased Planners. During Phase I, FEMA approach. In Region 10, both Idaho staff will be embedded in offices in and Oregon are participating, and to 10 states. Phase H will expand to with the Risk Analysis Branch, two include up to 34 partners across all new Community Planners are now 10 FEMA Regions. Phase III will working side by side with State reach full operating capability, with partners at their offices: FEMA Integration Teams embedded Kyle McCormick is located within in State and Tribal partner offices the Idaho Office of Emergency throughout the Nation. Management at Gowen Field in For more information about the FIT Boise, Idaho. Prior to this position, program, please contact FEMA- Kyle worked with Canyon County biteg ation-Team(ia,fei)ia.dlis.goi . Development Services in Idaho as a Community Planner. Jake Grabowsky is located within Ask the Help Desk the Oregon Office of Emergency The Region 10 Service Center is ReductionStrategic Alliance for Risk Management in Salem,Oregon. Jake here to help local community FEMA Region ' Service Centeris an AICP certified planner,and has officials and stakeholders with " ' 'th Avenue West,Suite ' previously worked for the state of technical,training, mitigation,and Lynnwood,Washington 98036 Georgia doing state and local mapping questions. planning. Email RegionXHelpDesk@starr- team.eom. 59 NEWS FROM REGION 10 Page 2 Outreach Feature: The Experts in the Field video helps partnership of professionals from the provide clarity around the mapping building construction, design and "Experts in the Field" process to empower communities to safety communities come together Video of regional experts aims to understand their risk and become with corporations, government build community trust&awareness more resilient. It breaks down the agencies, professional associations Flood hazard mapping is a crucial scientific process of what it takes to and nonprofits to promote building part of the National Flood Insurance generate flood maps in Pacific safety through proclamations, Program. FEMA works with local Northwest communities and shows informational events, legislative communities to develop Flood how weather patterns,geography and briefings and more. Insurance Rate Maps (FIRMS) that different landscapes affect flood During the month of May,each week are intended to inform flood maps and the various tools and will represent a topic to encourage insurance premiums, help techniques used to generate them. conversation and education on how communities plan for flooding, and The video will primarily be used at we can strengthen our communities establish local land use regulations. Community Open Houses in the through proper mitigation and Understanding the flood risk Pacific Northwest, and it is available building safety: to be viewed online at a Week 1:Pre arin for Disasters: depicted an the FIRMS can help ht s://ynutu.be/CLMG6cIZG w. p g community members take action to Build Strong,Build Smart keep their homes and workplaces May is Building Safety • Week 2:Ensuring a safer future safe from harm. However, the Month through training&education process of updating these maps isn't always easy to explain, and • Week 3: Securing clean,abundant International Code Council offers water for all communities community members may not readily support through annual campaign understand or engage with what they • Week 4: Construction see on the map. They may think "If Building Safety Month is an Professionals&Homeowners: I can't understand this information, international educational campaign Partners in Safety or where it came from — how can I that takes place in May to raise 0 Week 5: Innovations in Building trust it?" awareness about building safety. Safety To help foster that trust, FEMA This campaign reinforces the need for the adoption of modern, All communities need building codes Region X worked with Resilience regularly-updated building codes, to protect their citizens from Action Partners to create a video and helps individuals, families, and disasters like fires, weather-related specific to Pacific Northwest businesses understand what it takes events and structural collapse. communities, to show how flood to create safe and sustainable maps are developed with local To learn more about how to prepare structures. for all types of disasters and improve awareness and on the ground expertise. The International Code Council, its the safety and resilience of the places 64,000 members, and a diverse in which you spend time,please visit wwtit1.Ready.gov. Newsletter Ideas? Want to spread the word about an upcoming event or recent success story9 Let us know You • see in future issues! Articles Gan be Y Y 00 words • may include pictures. Email RXNewsletter@starr- team.com. Patty Dillon,principal hydrologist,surveys the Snoqualmie River in Washington State to identify changes in slope to get the overall shape of the river, which informs the creation offlood maps. 60 NEWS FROM REGION 10 Page 3 Featured Trainings Weather Service, US Army Corps of STARR Engineers, Idaho Department of L�1 Workshop: "During and After the Water Resources, and Idaho Office Disaster" of Emergency Management. Idaho Silver Jackets are presenting a Workshop Dates: series of half-day workshops to be held across Idaho next month, • June 10 in Rexburg,ID; 1-5 PM focusing on preparing for and • June 11 in Pocatello,ID;8-- 12 PM recovering from a disaster. • June 12 in Payette,ID;9- IPM • June 13 in Lewiston,ID; 8- 12PM The workshops are free to attend,and will include speakers from National To RSVP, please email Kristiana.M.McGeeCi usace.arrny.mil.. Online Training Tools for Determining BFE CRS:Developing a Repetitive Loss (All times Pacific) June 6, 10 am Area Analysis Elevation Certificates Online- 1 GEC July 16, 10 am May 16, 10 am CRS:Credit for Drainage System Online - 1 CEC August 1, 10 am Maintenance(Activity 540) CRS:Flood Warning&Response Online - 2 CECs June 18, 10 am (Activity 610) Floodplain Development Online- 1 CEC July 17, 10 am Permit Review CRS:Preparing for a Verification Online - 1 CEC May 30,9 am Visit To register for online courses,visit July 25,9 am June 19, 10 am STARR's training site: Online - 1 CEC Online - 1 CEC j.mp/starronlinetraining,or email Inspecting Floodplain NFIP Bastes RXTrainin @starr-team.com. Development June 20, 10 am May 30, 10:30 am Online - 1 CEG July 25, 10:30 am Online - 1 CEC 61 CD N (O RS Cfl M O r- CO Cl) � r r N U) N r NCO U) r r CV N L co I� LL N LL r- co r N N LL CD r N N 07 C r L L �-- OO L I_- N O (O L O ti C r N N LD r r N C- L. 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