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Home My WebLink About05092023 Planning & Zoning Meeting Packet Planning & Zoning Commission Agenda Packet Regular Meeting Tuesday, May 9, 2023 Council Chambers, City Hall 7:00 p.m. The City of Seward,Alaska SEWARD PLANNING AND ZONING COMMISSION ib" REGULAR MEETING AGENDA May 9, 2023 7:00 p.m. Council Chambers Clare Sullivan 1. CALL TO ORDER Chair Term February,2024 2. PLEDGE OF ALLEGIANCE Vanessa Verhey 3. ROLL CALL Vice Chair Term February,2026 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Nathaniel Charbonneau THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Commissioner [Those who have signed in will be given the first opportunity to speak. Time is Term February,2024 limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] Sean Ulman 5. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Term February,2025 [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Brenan Hornseth Commissioner so requests. In the event of such a request, the item is returned Commissioner to the Regular Agenda] Term February,2025 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Troy Staggs Commissioner A. Proclamations and Awards -None Term February,2025 B. City Administration Report............................Page 4 Victoria Monaco Commissioner C. Other Reports and Announcements - None Term February,2026 D. Presentations -None [Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by council.] Janette Bower City Manager Jason Bickling Community Development Director Courtney Bringhurst City Planner Selena Soto Planning Assistant Brenda Ballou City Clerk City of Seward, Alaska Planning& Zoning Meeting Agenda May 9, 2023 1 7. PUBLIC HEARINGS [Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one(1) minute.] A. Resolutions 1. Resolution 2023-011, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Dairy Hill Subdivision, Tracts 1-5, Tract 5; Located at 212 & 213 Dairy Hill Ln & 1601 Phoenix Rd; Creating Dairy hill Subdivision Addition No. 1, Tracts 5A, 5B,& 5C.....................................................................Page 7 2. Resolution 2023-012, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Approval of the Land Use Amendment to Rezone a Portion of Proposed Tract 5A, Dairy Hill Subdivision Addition No. 1, from Single-Family Residential (R1) Zoning District to Resource Management(RM)Zoning District.......................................................Page 27 3. Resolution 2023-013, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending the City Council Amend Portions of Seward City Code; 15.10.140(b) Definitions, Pertaining to Bunkhouse, Lot, and Long-term Rental; 15.10.222 Development Requirements Table, Updating the Minimum Buildable Lot Size for Single- and Two-Family Residential Zoning Districts, and Adding Table Notes for Lot Frontage; and 15.10.226 Land Uses Allowed Table, Adding Long-term Rental, and Changing the Outright Use of Dormitories in the Office Residential and Institutional Zoning District to Require Conditional Use Permits....... Page 39 8. UNFINISHED BUSINESS A. Resolutions -None 9. NEW BUSINESS A. Resolutions - None B. Other New Business Items *1. Approval of April 4th, 2023 Planning and Zoning Commission meeting minutes -----------------------------------------------------------------------------------------------Page 68 2. Discus 2023 Planning and Zoning Priorities for joint meeting with City Council on May 22, 2023...............................................................................Page 74 City of Seward, Alaska Planning& Zoning Meeting Agenda May 9, 2023 2 3. Discuss topic for May 23rd work session. a) Cemetery Presentation b) Cemetery Master Plan review 10. INFORMATIONAL ITEMS AND REPORTS[No Action Required] A. Reminder:Monday, May 22, 2023 joint meeting with City Council at 6:00 pm in the Council Chambers, City Hall. A quorum is required. B. Reminder: Tuesday, May 23, 2023 Planning and Zoning Work Session at 6:00pin ill the Council Chambers, City Hall. C. Reminder: Tuesday, June 6, 2023 regular meeting at 7:00 pm in the Council Chambers, City Hall. 11. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5)minutes per speaker.] 12. COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZENS COMMENTS 13. ADJOURNMENT City of Seward, Alaska Planning& Zoning Meeting Agenda May 9, 2023 3 American Planning Association National Conference City Planner, Courtney Bringhurst, attended the American Planning Association National Conference in Philadelphia, Pennsylvania from April 1-4. This is an annual conference where professionals in the Planning field, both private and public sectors, gather to learn strategies for improvement and the latest research and progress taking place in the field of Planning. There were a wide variety of classes and presentations available each day of the Conference. Below are a few of the key takeaways from some of those presentations that were attended. Public Engagement: 1) Are there ways that we can expand our notification methods to reach more individuals? a. Current methods are mailings, posting in City Hall, Library, Post Office, and Harbor Master building, newspaper, City Clerk email list b. Ideas from APA conference i. Pop up stands around the community ii. Interview people on specific topics (used for larger projects, i.e., Comprehensive Plan) iii. Have a website with information where people can submit comments 2) Important information to provide the public when implementing a new project or policy a. What is changing b. Why is the new project/policy being implemented c. Who are the key players d. When will the change take place e. How can the public stay informed and provide input 3) Remember we are working together as a community! a. Make transparency the highest priority b. Make sure everyone understands that there will always be constraints and challenges to whatever project or policy change is being worked on i. There will always need to be compromises c. We need to work together to find solutions d. Find the commonality e. Be respectful no matter what 4 Housing. 1. The missing middle a. These are people making about $70,000/year b. First time home buyers 2. Advocate at the national level to get the necessary subsidies to create middle housing 3. TookKit Solutions (rhgip.com) a. HomeShare b. Resident Owned Communities (ROC) c. Development agreements d. Deed restrictions e. First right of refusal f. Code amendments g. Developer incentives h. Renter equity (renterequity.org) 4. Zoom Towns a. Capture tourism money to fund economic growth b. GNAR Utah State University study (toolkit for a variety of problems including affordable housing) https://www.usu.edu/gnar/ Zoning and Equity Guide 1. Is there facially neutral language in our zoning code that may be causing segregation and discriminatory effects on vulnerable populations 2. All elected officials need DEI training (diversity, equity, and inclusion) 3. Zoning is a powerful tool, make sure you know what the effects of a change in your zoning code will cause 4. https://planning-org-uploaded- media.s3.amazonaws.com/publication/download pdf/Equity-in-Zoning-Policy- Guidev2.pdf 5 Parking.- 1. Be careful about reducing parking - people need their vehicles 2. Each city is unique, there is no right solution a. know your City's DNA b. have a goal — infill, redevelopment, housing, green space, tree canopy c. know your City's tolerance d. be aspirational, you are building the City for the future, not the City that exists today 3. 85% occupancy in parking lots is optimal 4. Are there ways that parking spaces can be used for multi uses? a. Green space, solar, etc 5. Could shared parking between business's be useful and adequate in some areas? Accessible/Inclusive Environments 1. People with disabilities are not the problem, the built environment is the problem 2. The accessible access should be the main access, not the secondary access 3. When we design for the 'average' we miss a vast majority of the population 4. All publicly funded projects are required to be inclusively designed 5. 1 in 4 people in the US have a disability a. Doesn't include elderly, temporarily injured, moms with strollers, etc. b. disability is not a fringe experience; we will all experience some kind of disability at some point in our lives 6. Incisive design is more than just accessibility 6 Planning and Zoning Agenda Statement Meeting Date: May 9, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2023-011: Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Dairy Hill Subdivision,Tracts 1-5, Tract 5; Located at 212 & 213 Dairy Hill Ln & 1601 Phoenix Rd; Creating Dairy Hill Subdivision Addition No. 1, Tracts 5A, 5B, & 5C Background and justification: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary replat submitted by Steve Leirer. This replat creates three new Tracts,Tract 5A, 5B, and 5C. Tract 5A is primarily in a flood zone and would require an additional floodplain permit and adherence to the Floodplain Management section in Seward City Code if development is proposed in this area in the future. Tract 5B and 5C are not located within a flood zone. The applicant intends to develop Tract 5B and 5C in the future and will be required to provide the necessary public improvements. Water and sewer are already available to Tract 5B and 5C, but electric and roads will need to be installed. All conditions required by Seward City Code §16.01.015, Conditions to plat approval,were met.The property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. Subdivision Review: ZonffigZ The property is primarily zoned Resource Management (RM), with a portion of the west side of the Tract zoned Single-Family Residential (R1). iz ; Tract 5 is 15.3 acres. The proposed replat would create 3 new Tracts. Tract 5A would be 11.919 acres, Tract 5B would be 81,436 square feet, and Tract 5C would be 30,749 square feet. Water and sewer are already available to Tract 5B and Tract 5C. The applicant would be responsible for connecting these Tracts to electric and roads. A subdivision agreement will be made between the applicant and the city to ensure that the public improvements are installed appropriately. Utilities will not be required to be brought to Tract 5A as it is located within a flood zone. If the applicant desires to develop Tract 5A, another replat will be required. At that time, the public improvements needed for the proposed lots will be assessed and required accordingly. Exist/n®Use The parcel is primarily vacant land with a private shed in the southwest corner. 7 Access" Tract 5B and Tract 5C will be accessed from Phoenix Road on Bayview Place. Tract 5A will continue to have private access from Chamberlin Road. F/oodZone; According to the Kenai Peninsula Borough Floodplain map, the entire east side of Tract 5A is within an A and AE Flood Zone. Tract 5B and 5C are not within a flood zone. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.2.1 —"Promote residential and commercial development within Plan: the City of Seward and its vicinity in accordance with community values." Vol 1, Chapter 3.3.1 —"Encourage development of new housing in Seward." Vol 1, Chapter 3.7.1.3 — "Continue to upgrade and expand utilities to meet existing needs and encourage future development" Strategic Plan: Promote Residential and Commercial Development Inside the City (Page 9-10) Staff Comments Department Comments No N/A Comment Building Department X Fire Department X Public Works X Department Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department has received public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation Commission approve Resolution 2023-011, recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Dairy Hill Subdivision, Tracts 1-5, Tract 5; Located at 212 &213 Dairy Hill Ln & 1601 Phoenix Rd; Creating Dairy Hill Subdivision Addition No. 1, Tracts 5A, 5B, & 5C 8 Sponsored by: Applicant Public Hearing: May 9, 2023 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2023-011 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPLAT OF DAIRY HILL SUBDIVISION, TRACTS 1-5, TRACT 5; LOCATED AT 212 & 213 DAIRY HILL LANE & 1601 PHOENIX ROAD; CREATING DAIRY HILL SUBDIVISION ADDITION NO. 1, TRACTS 5A, 5B, & 5C. WHEREAS, Steve Leirer has submitted a preliminary replat to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS,Tract 5 is 15.3 acres, and primarily zoned Resource Management(RM)with a portion of the west side of the lot zoned Single-family Residential (R1); and WHEREAS,this replat will subdivide Tract 5, creating three new tracts; and WHEREAS, proposed Tract 5A is located within a flood zone, but will remain undeveloped at this time; and WHEREAS, future development of Tract 5A would require another replat as well as adherence to Seward City Code 15.25 Floodplain Management; and WHEREAS,proposed Tract 5B and 5C are not located within a flood zone; and WHEREAS, Tract 5B and 5C have access to City water and sewer; and WHEREAS, a subdivision agreement has been required to satisfy Seward City Code §16.01.010—"Required public improvements"; and WHEREAS, all conditions required by Seward City Code §16.01.015, Conditions to plat approval, were met; the property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals within the City of Seward. 9 Seward Planning and Zoning Commission Resolution No. 2023-011 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The applicant is required to enter into a subdivision agreement with the City to meet the requirements of Seward City Code 16.05.010. Section 2. The Commission hereby recommends that, in accordance with Seward City Code Section 16.01.015 (B), the Kenai Peninsula Borough approve the submittal of the Replat of Dairy Hill Subdivision, Tracts 1-5, Tract 5; Located at 212&213 Dairy Hill Lane& 1601 Phoenix Road; Creating Dairy Hill Subdivision Addition No. 1, Tracts 5A, 5B, & 5C. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 9th day of May, 2023. THE CITY OF SEWARD,ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 10 Community Development/ Planning & Zoning 238 Fifth Avenue, Seward,Alaska 99664 0(907)224-4048 • (907)224-4020 or email: planning@cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM []x PRELIMINARY PLAT 0 REVISED PRELIMINARY PLAT(no fee required) PHASED PRELIMINARY PLAT❑PRELIMINARY PLAT FOR PRIVATE STREETS/GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME:must not include business names,contact staff for assistance if needed. Dairy Hill Subdivision-Addition#1 PROPERTY INFORMATION: legal description Tract 5,Dairy Hill Subdivision,Plat#2000-21,S.R.D. Section,Township,Range W 112,Section 3,Township 1 South,Range 1 West,Seward Meridian General area description 212 Dairy Hill Lane,City of Seward,Kenai Peninsula Borough,AK City Seward Total Acreage 15.297 SURVEYOR Company: Lounsbury&Associates,Inc. Contact Person: Josh Varney Mailing Address: 3230 C St.Ste.201 City,State,Zip Anchorage,AK,99503 Phone: 907-743-2128 e-mail:i.varney@lounsburyinc.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER on siteE City WATERL]on site[DCity SUBMITTAL REQUIREMENTS Urellminary,plat applicatiorlwil"-be schdules♦iforthe-nextwavailable.Planninl and Zoning meeting after a complete-application-has been received. x]Electronic file of Plat and [EPreliminary plat NON-REFUNDABLE submittal fee 75.00- QCertificate to plat for ALL parcels included in the subdivision QDocumentation showing proof of signatory authority(partnerships,corporations,estates,trusts, etc.) n Public Notice Sign(s)Posted on property-City staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE:A letter,to be presented to the Planning and Zoning commission,with substantial evidence justifying the requested exception and fully stating the grounds for the exception request,and the facts relied upon,MUST be attached to this submittal. 1. 2. 3. APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED.Additional signature sheets can be attached.When signing on behalf of another individual,estate,corporation,li partnership,etc.,documentation is required to show authority of the individual(s)signing. Contact KPB staff for clarification if needed. OWNER(s) Name(printed): Lounsbury&AssocVates on behalf of the Signature: ow Lierer Family Limited Partnership Phone: 907-743-2128 e-mail: i.varney unsburyinc. m Name(printed): Signature: Phone, e-mail: Name(printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUfMITTED Receipt III The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the following: 1. Within the title block: Not applicable The required to my plat. information has been shown/noted. a Name of the subdivision which shall not be the same as an existing city,town,tract,or subdivision of land in the borough,of which a plat has been previously recorded,or X so nearly the same as to mislead the public or cause confusion; b. Legal description, location,date,and total area in acres of the proposed subdivision;and X C. Name and address of owner(s),as shown on the KPB records and the certificate to plat,and registered land X surveyor; 2. North point; X 3. The location,width and name of existing or platted streets and public ways,railroad rights-of-way,and other important features such as section lines or political subdivisions or municipal X corporation boundaries abutting the subdivision; 4. A vicinity map,drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation,township and range,section lines, roads,political boundaries,and prominent X natural and manmade features,such as shorelines or streams; S. All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, X together with the purposes,conditions,or limitations of reservations that could affect the subdivision; 6. The names and widths of public streets and alleys and easements, existing and proposed,within the subdivision; X 7. Status of adjacent lands,including names of subdivisions,lot lines, block numbers,lot numbers,rights-of-way;or an indication that the X adjacent land is not subdivided; 8. Approximate locations of areas subject to inundation,flooding,or storm water overflow,the line of ordinary high water,wetlands when adjacent to lakes or non-tidal streams,and the appropriate X study which identifies a f7oodplain,if applicable; 9. Approximate locations of areas subject to tidal inundation and the X mean high water line; 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; X 11. The approximate location of known existing municipal wastewater and water mains,and other utilities within the subdivision and immediately abutting thereto X 12. Contours at suitable intervals when any roads are to be dedicated unless the planning director or commission finds evidence that road grades will not exceed 6 percent on arterial streets,and 10 percent X on other streets; 13. Approximate locations of slopes over 20 percent in grade and if contours are shown,the areas of the contours that exceed 20 X percent grade shall be clearly labeled as such; 14. Apparent encroachments,with a statement indicating how the encroachments will be resolved prior to final plat approval X Subdivision Name: Dairy Hill Subdivision-Addition#1 Date 3/27/23 TM �♦ ' -C + ,.� I p s a * X O z W �_ QMA HnN w rn Oi cL U F' _ "F n. a; t w 3 t _ , r OM J N RTH HARB � N W, (D F— Ac 19 S fk r + Preliminary Replat and Partial Rezone of Dairy 212&213 Dairy Hill Subdivision Hill Subdivision, Tracts 1-5, Tract 5 Drawn By. Selena Soto N 0 100 200 400 Feet Due to different data sources property lines and aerial imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. Mapping Assistance by Alaska Map Company,LLC 13 lounshury & associates, i March 15th, 2023 Mr.Jason Bickling Mr,Scott Huff Director Platting Manager Community Development Department Planning Department City of Seward Kenai Peninsula Borough 238 Fifth Avenue 144 N. Binkley Street Seward,AK 99664 Soldotna,AK 99669 Subject: Letter of Authorization: Dairy Hill Subdivision,Tract 5 Replat Dear Mr. Bickling &Mr. Huff, As partners in the Leirer Family Limited Partnership,we own the property located at 212 Dairy Hill Lane(Tract S, Dairy Hill Subdivision, Plat#2000-21 S.R.D., Parcel ID#14510414) in Seward,AK located south of Phoenix Road, west of the Seward Highway and north of Dairy Hill Lane. We hereby authorize Lounsbury&Associates, Inc.to act on our behalf as petitioner submitting land use and platting actions to the City of Seward and the Kenai Peninsula Borough for the above referenced parcel of land. Signed: 7/15/tZ 21 Steven C. Leirer Date 6�iw -3/,V�aO-23 Carol J. Laurie Date oana J. Leire Date &A,rsp� 3230 C St.Ste.201,Anchorage,Alaska 99503 T:907 272-5451 F:907 272 9065 • � 1175 H.Leatherleaf Loop Ste.D Wasilla,Alaska 99654 T:907-357-9129 F:907-357-9140 —� 418 Wedgewood Drive Fairbanks,Alaska 99701 T:907-374-8547 Fnplrtee�5 14 lounshury & associates, inc, March 271h 2023 Mr.Jason Bickling Director-Community Development Department jbickling@citvofseward.net Office: 907-224-4048 City of Seward 238 Fifth Avenue Seward,AK 99664 Subject: Preliminary Plat Application Narrative Dairy Hill Subdivision Addition No. 1 Tract 5, Dairy Hill Subdivision, Plat#2000-21,S.R.Q. Dear Mr. Bickling, Lounsbury and Associates, Inc., on behalf of Steve Leirer and the Leirer Family Limited Partnership, are pleased to present to you this application package to subdivide Tract 5 of the Dairy Hill Subdivision (recorded as plat#2000-21 in the Seward Recording District) into three (3) new Tracts and dedicate new Right-of-Way(ROW). We will be simultaneously submitting a request to rezone the newly created Tract 5A from the existing Resource Management(RM) zoning from the existing split Single Family Residential (131) and RM zoning. Tract 5 of Dairy Hill Subdivision is a substantially undeveloped lot located southwest of the intersection of Phoenix Drive and the Seward Highway and north of Dairy Hill Lane.The Kenai Peninsula Borough Tax Records list the street address as 212 Dairy Hill Lane. The only improvements are on the far west side of the Tract where an old barn is located near Mr. Lierer's house on an adjacent lot.The barn will have no impact on this proposed subdivision. The proposed lots will be accessed off Bayview Place and a newly dedicated cul-de-sac.They will be serviced by city water and sewer. There is existing sewer located within each Tract and an existing water main running along Bayview Place that will service the new Tracts. Proposed Electric and Telephone will be installed in the new easements within each Tract. The current FEMA linework for this area, as shown in FIRM panel#5005E shows a large area of Special Flood Hazard Area Zone "A" and zone "AE" traversing through Tract 5. Sheffler Creek runs through the middle of Tract 5 and has year-round flow. There is a small spring that flows on the far east side of Tract 5 as well.With multiple drainages,we have designed our lots to fall outside of the floodplain of these drainages in accordance with Title 15.25.050(A)4. Please see the 2016 FEMA Linework overlaid on Sheet 2 of the Preliminary Plat for your reference. &QSJpC 3230 C St.Ste.201,Anchorage,Alaska 99503 T:907-272-5451 F:907-272-9065 1175 N.Leatherieaf Loop Ste.D Wasllla,Alaska 99654 T:907-357-9129 F:907-357-9140 c 418 Wedgewood Drive Fairbanks,Alaska 99701 T:907-374-8547 Fn$inee� 0 0 Dairy Hill Subdivision,Addition No. 1 Preliminary Plat Application Narrative March 27`h, 2023 City of Seward-Conditions to Plat Approval (16.01.015) (a)No Preliminary or final plat for the subdivision of land located within the city limits shall be approved by the city unless all of the required improvements set forth in section 16.05.010 are provided for by the subdivider, owner,proprietor or developer in the manner described in section 16.05.015. (1) Streets. All streets located within a subdivision subject to the requirements of this title shall be not less than 50'in width and shall be gravel-surfaced according to city specifications. The cul-de-sac ROW fronting the new lots is designed to be 60' in width. This condition will be met. (2) Telephone and electric lines. All new telephone and electric lines shall be installed underground, unless found to be impractical by the city planning and zoning commission and affirmed by the city council, and in accordance with specifications of the appropriate utility companies and the city. To be dedicated 30' utility easements located throughout the new subdivision will be used to install underground telephone and electric lines in accordance with P&Z and City specifications.This condition will be met. (3) Water system. Where the city water system will service the area covered by the plat or proposed plat, the subdivider shall provide the water system in accordance with the specifications established by the city planning and zoning commission and affirmed by the city council. Fire Hydrants shall be provided to standards established by the American Waterworks Association and shall be a brand specified by the city. The subdivider shall not be required to drill individual wells. There is a city-maintained water line located within the newly dedicated ROW that runs between each new proposed lot. We will install new service lines to each lot in accordance with P&Z and City specifications. This condition will be met. (4) Sewer system. Where the city sewer system will service the area covered by the plat or proposed plat, the subdivider shall provide the sewer system in compliance with all applicable state and federal health and environmental laws and regulations. Existing sewer infrastructure was installed during the early 2000's to City of Seward specifications that serves proposed Tracts 5B and 5C. This condition will be met. (5) Street Lighting. Street lighting shall be installed in accordance with the requirements of the city. lounshury & associates, inc. Dairy Hill Subdivision, Addition No. 1 Preliminary Plat Application Narrative March 27`", 2023 There is existing street lighting along Bayview Place. This condition will be met (b) No preliminary plat of city owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without the prior consent of the city counsel Noted,the submittal to Kenai Peninsula Borough planning commission will include the minutes of the City of Seward's Planning and Zoning Commission meeting at which this plat is heard. (c) Public Posting. The applicant shall post the property subject to the application with public notices as provided by the city at least ten days before the date of the required public hearing. Such notices shall be placed so as to be visible from each improved street adjacent to the property. The applicant is responsible for removing the posted notices within five days after the hearing is completed. Failure to properly post notices is grounds for deferral or denial of the application. No one except the applicant, an agent of the applicant, or the city shall remove or tamper with any such required posted notice during the period it is required to be maintained under this paragraph. Noted,we will post (and remove) public notices as provided by the city within the aforementioned timeframes. (d) Proof of posting. Before the public hearing, the applicant shall submit to the city an affidavit signed by the person who posted the notice or caused the posting to be done that the notice was posted as required by this section. Noted,we will provide proof of posting to the P&Z committee prior to the public hearing. (e) Notification of neighboring property owners.A notice of preliminary plat review shall be mailed not less than ten days prior to the meeting review date to the owners of record on the Kenai Peninsula Borough assessor of real property within 300 feet of the periphery of the parcel affected by the proposed plat. Noted, neighboring property owners within 300' will be mailed notice of public hearing within 10 days of the hearing. (f)A plot submitted to create a single parcel through the vacation of interior lot lines shall be exempt from subsection (c), public posting, (d), proof of posting and(e), notification of neighboring property owners. Noted, this condition does not apply to this project. lounshury & associates, inc. Dairy Hill Subdivision,Addition No, 1 Preliminary Plat Application Narrative March 27t", 2023 Kenai Peninsula Borough We will submit the preliminary plat application package to the Kenai Peninsula Borough (KPB) after the City of Seward's PU Committee has conducted their meeting. The KPB application package will include the minutes of the City's PU meeting. We look forward to your review of our application and thank you for your time. Sincerely, Josh Varney, P.L.S. Anchorage Survey Manager Lounsbury $Associates, Inc. Surveyors-Engineers-Planners 3230 C Street, Suite 201 Anchorage, Alaska 99503 (907)743-2128 - Office (907)350-2599 - Cell Lounsburyinc.com Attachments: • Preliminary Plat Application Form • Preliminary Plat of the Dairy Hill Subdivision, Addition No. 1 • Certificate to Plat • FIRM Panel 5005E • Letter of Authorization, Lounsbury on behalf of S. Lierer/C, Laurie/M. 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HOE" Rd M1 V3 UE "0' 5 Tj ——————--——----———— —————— ————————-- iI AM tt I if if wilki,G) I I if' 21 First American Title Insurance Company .y First American 44296 Sterling Highway,Suite 2 Soldotna,AK 99669 Phn-(907)262-5708 Fax-(907)262-9594 AMENDED CERTIFICATE TO PLAT To: Lounsbury&Associates Order No.: 0229-4031814 5300 A ST Plat: DAIRY HILL SUBDIVISION Anchorage, AK 99518 Attn: Josh Varney Fee: $500.00 This is a Certificate as of January 20, 2023 at 8:00 A.M. for a proposed plat of the following described property: Tract 5, DAIRY HILL SUBDIVISION, according to the official plat thereof, filed under Plat Number 2000-21, Records of the Seward Recording District, Third Judicial District, State of Alaska. The Company certifies that title is vested in: Steven C. Leirer, General Partner as to 35%; Carol J. Laurie, Limited Partner as to 25%; and Moana J. Leirer, Limited Partner as to 40% of the Leirer Family Limited Partnership, under agreement dated October 6, 1997 free from all liens, encumbrances and objections EXCEPT AS FOLLOWS: 1. Reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Taxes due the Kenai Peninsula Borough, if any. 3. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high and low water mark of Creek. 4. Any question that may arise due to the shifting and/or changing in the course of Creek. 5. Any prohibition or limitation on the use, occupancy or improvements of the land resulting from the right of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 6. Rights of the public and/or governmental agencies in and to any portion of the above described real property lying within any roadway or public easement areas. 7. Easement, including terms and provisions contained therein: Recording Information: August 23, 1985 in Book 39 at Page 986 In Favor of: Charles Collier and Lynda Collier For: Access Affects: Portion as delineated in instrument 22 First American Title Order No.:0229-4031814 Page No.: 2 of 3 B. Easement, including terms and provisions contained therein: Recording Information: September 8, 2000 in Book 102 at Page 340 In Favor of: City of Seward For: Public Road Affects: Portion as delineated in instrument 9. The effect of the notes which appear on the plat of said subdivision. (Copy Attached) 10. Easements as dedicated and shown on the plat of said subdivision. (Copy Attached) 11. Access Easement Grant Agreement and the terms and conditions thereof: Between: Leirer Family Limited Partnership And: David W. Miller and Agnes Anne Miller Recording Information: May 16, 2002 in Book 111 at Page 962 12. Any matters that may arise from Amendments to the Leirer Family Limited Partnership not being recorded. This includes but is not limited to the amendment naming the current General Partner and Limited Partners of said Partnership NOTE: Current vesting of subject property was taken in part from Amendments to the Leirer Family Limited Partnership filed with the State of Alaska, Department of Commerce, Community and Economic Development, Corporations, Business and Professional Licensing. This report is restricted to the use of the addressee, and is not to be used for closing any transaction affecting title to said property. Liability of the Company is limited to the amount of fee paid herein, First American Title Insurance Company &4�K" t" Dustyn Fergus, Title Officer 23 First Arnelkan TWO CITY OF SEWARD RECEIPT# 46542 400 410 ADAMS STREET 3/2-4/2023 PO BOX 167 SEWARD AK 99664 Received LEIRER FAMILY LIMITED PARTNERSHIP phone: (907) 224-4050 From 1415 CHAMBERLINE RD PO BOX 524 Lookup Name Payment Type Check # Amounts 33197 LEIRER FAMILY LIMITED PARTNERSHIP Check 0003755 Due 75.00 Tendered 75.00 Change Due Description• REPLAT APPLICATION Replat Fee 75.00 24 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE e(Xw� v�r5 �u�s� , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on Ap--', i /ar"** , 262-3 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Dairy Hill Subdivision, Tracts 1-5, Tract 5; physical address 212 Dairy Hill Ln, 213 Dairy Hill Ln, & 1601 Phoenix Rd, as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this —Le day of 202B. 25 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE if e Ll L f,�Yam► , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040/16.01.015 on the property located at Dairy Hill Subdivision, Tracts 1-5,Tract 5; physical address 212 Dairy Hill Ln, 213 Dairy Hill Ln, & 1601 Phoenix Rd, the owners of which have petitioned for a Public Hearing to Subdivide Tract 5; Creating Dairy Hill Subdivision Addition No. 1 Tracts 5A 5B, & 5C. The notice was posted on ' �-'° 2''2'3 , which is f days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this Z" day of L , 2023. Signature 26 Planning and Zoning Agenda Statement Meeting Date: May 9, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2023-012: Recommending City Council Approval of the Land Use Amendment to Rezone a Portion of Proposed Tract 5A, Dairy Hill Subdivision Addition No. 1, from Single-Family Residential (R1) Zoning District to Resource Management (RM) Zoning District. Background and justification: Steve Leirer has submitted an application to rezone the southwest portion of proposed Tract 5A in the Dairy Hill Subdivision Addition No. 1 from Single-Family Residential to Resource Management. The initiation for a land use amendment to rezone this portion of Tract 5A is by the petition of the majority of the property owners in the area to be amended, as required by Seward City code 15.01.035(b)(1). The majority of Tract 5A is already zoned Resource Management and has been zoned Resource Management since 1992. The southwest corner zoned Single-family Residential is a remnant of the R1 zoning district created in 1962 for a proposed subdivision on the west side of Tract 5A when First Avenue was mapped to go from the south of town through to the north of the Lagoon. The portion of land being requested for a rezone is contiguous with the proposed zoning district, which meets the requirements in Seward City code 15.01.035(b)(3). The public notification process was complied with, and the appropriate public hearing as required by Seward City Code § 15.01.040. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.2.1.1 —"Manage land use to facilitate economic development Plan: while maintaining the historic, small town character of Seward." Strategic Plan: N/A Other: N/A 27 Staff Comments Department Comments No N/A Comment Building Department X Fire Department X Public Works X Department Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department has received public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation Commission approve Resolution 2023-012, recommending City Council approve amending the Land Use Plan and rezone a portion of proposed Tract 5A, Dairy Hill Subdivision Addition No. 1, from Single-Family Residential (R1) Zoning District to Resource Management (RM) Zoning District. 28 Sponsored by: Applicant Public Hearing: May 9, 2023 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2023-012 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE LAND USE AMENDMENT TO REZONE A PORTION OF PROPOSED TRACT 5A, DAIRY HILL SUBDIVISION ADDITION NO. 1, FROM SINGLE-FAMILY RESIDENTIAL (RI) ZONING DISTRICT TO RESOURCE MANAGEMENT (RM) ZONING DISTRICT WHEREAS, Steve Leirer has submitted a rezone application to the City of Seward for review and recommendation to the City Council; and WHEREAS, the majority of property owners in the area to be amended have petitioned to rezone a portion of proposed Tract 5A, Dairy Hill Subdivision Addition No. 1 as specified in Seward City code §15.01.035(b)(1) ; and WHEREAS,the area to be amended is adjacent to an existing contiguous portion of land zoned Resource Management, which is one of the necessary requirements as specified in Seward City code §15.01.035(b)(3); and WHEREAS, the area to be amended is the remnant of a proposed, but never developed subdivision from the 1962 Seward City zoning map when First Ave was planned to connect the south end of town to north of the Lagoon; and WHEREAS, this previously proposed subdivision is not currently platted and there are no plans for it to be platted in the future; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code §15.01.040. 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 2023-012 be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. 29 Seward Planning and Zoning Resolution 2023-012 Page 2 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 9th day of May, 2023. THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 30 CITY OF SEWARD Community Development P.O. Box 167 907,224.4049 410 Adarns Street pl.rru�ing@citl ofseward.rYct Sessurd,Alaska 99664 LAND USE PLAN AMENDMENT - REZONING APPLICATION This completed application is to be submitted to the Community Development Department no later than six (6) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $300 filing fee. Petitioner: Josh Varney, PLS, Lounsbury&Associates, Inc. (on behalf of the Leirer Family Limited Partnership) Address: 3230 C St. Ste.201 Telephone Number: 907-743-2128 Email: j•varney@lounsburyinc.com Property Description Address: 212 Dairy Hill Lane,City of Seward,Kenai Peninsula Borough,AK Lot: Tract 5 Block: NIA Subdivision: Dairy Hill Subdivision, Plat#2000-21,S.R.D. Size of subject area: 15.297 acres Number of parcels within subject area: 3 Additional Information Located in Historic Overlay District? Yes LJ No W Intended use and/or reason for rezoning: We intend to subdivide Tract 5 of Dairy Hill Subdivision into three(3)new tracts and dedicated ROW.2 of the new tracts will front Bayview Place and a newly dedicated ROW for a cul-de-sac.The intended use for Tract 5C will be for a single-family home.Tract 5B will remain RM zoning,with the intent being to put the lot on the market and re-zone at a later date for future development We are requesting to re-zone the entirety of Tract 5A into RM zoning from its current split RM and R1 zoning. Does the proposed amendment comply with the Comprehensive Plan? Please list how below. Seward 2030 Comprehensive Plan Volume 1: https://wxvw.cibLqfsewaT-d.us/horne/showdocument?id-1 705 Volume II: htt s:Hwiv,.v.ci ofseward.us/homelshowdocument?id-1707 We will be correcting a split-zoned lot by re-zoning Tract 5A to Resource Management. 31 Does the proposed amendment comply with the Historic Preservation Plan (skip if not within Historic Overlay District) NIA What is the effect of the zoning amendment on the property owners and on the community at large? We believe that the re-zoning of this lot and remainder tract will be beneficial to the community at large by fixing a split-zoned lot.The effect on adjacent property owners will be minimal as the adjacent lots are currently within both R1 and R2 zoning. I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge. I understand that this item will be scheduled for action only if all application materials are submitted not less than six (6) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular me4 ings are held he first Tuesday of every month. Applicant Signature: Enclosed: $300 Payment (x) Map of the subject area (x) Other: Cert.to Plat and Letter of Authorization (x) A map is required to accompany this application. Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE of$300.00 (payable to the City of Seward) to the Community Development Office. Please mark the method through which this Rezone application is being initiated: (5CC 15.01.035 (b)) } By the City Council on its own motion; { ) By the commission on its own motion; (x ) *By petition of a majority of the property owners in the area to be amended; ( ) *By petition bearing the signatures of 50 registered voters within the City; or ( ) *By petition as provided by the home rule charter of the City. *If the initiated method was through petition, please include the signatures on the page provided or additional pages if needed. 32 Signatures of individuals supporting the proposed rezone area. (Attach a separate sheet if necessary) SIGNATURE ADDRESS (legal) DATE i'e W 4 rj A K 33 _ Current Zoning m a � m < rn � PORT , W:. � ti P de` m J Q ~ J FLOAT SMALL B Q = H FLOAT SMALL ��. . . R --I Maxar Proposed Rezone m , rn .:r D S M; PHuENfX - W � POR R1 RM I end: � RM Leg f NoProposed Rezone to RM E Proposed ROW dedication ALL ,00G o Proposed Lot Lines ALL S R Maxar . CITY OF SEWARD RECEIPT# 46843 410 ADAMS STREET 3/24/2023 P© BOX 167 SEWARD AK 99664 Received LEIRER FAMILY LIMITED PARTNERSHIP phone: (907) 224-4050 From 1415 CHAMBERLINE RD PO BOX 524 Lookup Name Payment Type Check # Amounts 33197 LEIRER FAMILY LIMITED PARTNERSHIP Check 0003754 Due 300.00 Tendered 300.00 Change Due Description• ZONING BUILDING APPLICATION Rezone Fee 300.00 36 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE e(Xw� v�r5 �u�s� , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on Ap--', i /ar"** , 262-3 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Dairy Hill Subdivision, Tracts 1-5, Tract 5; physical address 212 Dairy Hill Ln, 213 Dairy Hill Ln, & 1601 Phoenix Rd, as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this —Le day of 202B. 37 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, 7 1 G J 0,1 ra , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code ' 15.01.040/16.01.015 on the property located at Dairy Hill Subdivision, Tracts 1-5,Tract 5; physical address 212 Dairy Hill Ln, 213 Dairy Hill Ln, & 1601 Phoenix Rd, the owners of which have petitioned for a Public Hearing for a Land Use Amendment to Rezone a portion of the proposed Tract 5A, Dairy Hill Subdivision Addition No. 1, from Single-Family Residential (R1� Zoning District to Resource Management (RM) Zoning District. The notice was posted on t--� — Zo 2'1 ?� , which is 19 days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this ZO day of /> G� f L , 2023. /Zzv�-I-.- Signature 38 Planning and Zoning Agenda Statement Meeting Date: May 9, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2023-013: Recommending the City Council Amend Portions of Seward City Code; 15.10.140(b) Definitions, Pertaining to Bunkhouse, Lot, and Long-term Rental; 15.10.222 Development Requirements Table, Updating the Minimum Buildable Lot Size for Single- and Two-Family Residential Zoning Districts, and Adding Table Notes for Lot Frontage; and 15.10.226 Land Uses Allowed Table, Adding Long-term Rental, and Changing the Outright Use of Dormitories in the Office Residential and Institutional Zoning District to Require Conditional Use Permits Background and justification: According to §15.01.035, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council. Additionally, on February 27, 2023, the City Council approved the Planning and Zoning Commission's 2023 priorities, which included "make recommended updates to Title 15." Recent discussions regarding short-term rentals brought up the need to define long-term rental and add that use to the Land Uses Allowed Table. On November 15, 2022 the Commission held a work session to discuss the wording for a definition of long-term rentals. Developments over the past year within Seward have also highlighted various portions of the development requirements within Seward City Code that lack necessary specifications and/or regulations. On December 20, 2022 the Commission held a work session to discuss terminology and requirements regarding lot frontages and lot widths. An additional work session was held on April 18, 2023 to discuss proposed amendments to Title 15, and to discuss the definition and requirements for bunkhouses and dormitories. In summary, the effect of this legislation is as follows: • Removes language from the definition of bunkhouse that restricts its use to a certain type of employee • Adds a definition for flag lot and lot frontage. • Specifies how lot frontage will be measured. • Specifies how lot width will be measured for cul-de-sac lots and flag lots. • Adds a definition for a long-term rental dwelling. • Corrects the Development Requirements Table to reflect the minimum lot size allowed in R1 and R2 that has been stated in the Table Notes for some time. 39 • Clarifies language describing lot size and lot frontage requirements for the south and north portion of the city. No requirements were changed. • Adds lot size and lot frontage requirements for cul-de-sac lots and flag lots. • Changes the outright use of dormitory in the Office Residential and Institutional Zoning Districts to require Conditional Use permits in the Land Uses Allowed Table. • Adds long-term rental to the Land Uses Allowed Table. Intent: To provide a recommendation to City Council to update Seward City Code Title 15 definitions, development requirements, and the land uses allowed. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive 3.2.1.1"Manage land use to facilitate economic development while maintaining Plan: the historic, small town character of Seward" • "Raise public awareness of development requirements in each zoning district." Strategic Plan: Other: Recommendation Community Development Department staff recommends approval of Resolution 2023-013 recommending the City Council amend portions of Seward City Code; 15.10.140(b) Definitions, Pertaining to Bunkhouse, Lot, and Long-term Rental; 15.10.222 Development Requirements Table, Updating the Minimum Buildable Lot Size for Single- and Two-Family Residential Zoning Districts, and Adding Table Notes for Lot Frontage; and 15.10.226 Land Uses Allowed Table, Adding Long- term Rental, and Changing the Outright Use of Dormitories in the Office Residential and Institutional Zoning District to Require Conditional Use Permits 40 Sponsored by: Staff Public Hearing: May 9, 2023 CITY OF SEWARD,ALASKA RESOLUTION 2023-013 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, RECOMMENDING THE CITY COUNCIL AMEND PORTIONS OF SEWARD CITY CODE; 15.10.140(b) DEFINITIONS PERTAINING TO BUNKHOUSE, LOT, AND LONG- TERM RENTAL; 15.10.222 DEVELOPMENT REQUIREMENTS TABLE, UPDATING THE MINIMUM BUILDABLE LOT SIZE FOR SINGLE-AND TWO-FAMILY RESIDENTIAL ZONING DISTRICTS, AND ADDING TABLE NOTES FOR LOT FRONTAGE; AND 15.10.226 LAND USES ALLOWED TABLE ADDING LONG-TERM RENTAL, AND CHANGING THE OUTRIGHT USE OF DORMITORIES IN THE OFFICE RESIDENTIAL AND INSTITUTIONAL ZONING DISTRICT TO REQUIRE CONDITIONAL USE PERMITS WHEREAS, on February 27, 2023 the City Council approved the Planning and Zoning Commission's priorities which included, "Make recommended updates to Title 15"; and WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, recent development within Seward has highlighted areas of Title 15 that require additional clarification and/or regulations; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, the Planning and Zoning Commission held work session on November 14 and December 20, 2022 and April 18, 2023 to discuss these proposed changes to Title 15. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2023-XXX attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This ordinance shall take effect immediately upon adoption. 41 Seward Planning and Zoning Commission Resolution No. 2023-013 Page 2 of 2 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 9ch day of May, 2023. THE CITY OF SEWARD,ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT : ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 42 Sponsored by: Staff Public Hearing: June XX, 2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX An Ordinance of the Seward City Council, Amending Seward City Code; 15.10.140(b) Definitions, Pertaining to Bunkhouse, Lot, and Long-term Rental; 15.10.222 Development Requirements Table, Updating the Minimum Buildable Lot Size for single- and Two-Family Residential Zoning Districts, and Adding Table Notes for Lot Frontage; and 15.10.226 Land Uses Allowed Table, Adding Long-term Rental, and Changing the Outright Use of Dormitories in the Office Residential and Institutional Zoning District to Require Conditional Use Permits WHEREAS, on February 27, 2023 the City Council approved the Planning and Zoning Commission's priorities which included, "Make recommended updates to Title 15"; and WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, recent development within Seward has highlighted areas of Title 15 that require additional clarification and/or regulations; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, the Planning and Zoning Commission held work session on November 14 and December 20, 2022 and April 18, 2023 to discuss these proposed changes to Title 15. WHEREAS, on May 9, 2023 the Planning and Zoning Commission approved Resolution 2023-013 recommending City Council approve the included amendments to Title 15. NOW, THEREFORE,THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 15.10.140(b) is hereby amended to read as follows(new language is in bolded italics and underlined and deleted language is stricken): 15.10.140 Definitions. (a) General interpretation. (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. 43 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX (3) The word "person" includes a corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is always mandatory. (6) The word "used" or"occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or"designed to be used or occupied." (b) Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: (1) Accessory building_A detached structure that: a. Is clearly incidental to and customarily found in connection with a principal building or use; b. Is subordinate to and serves a principal building or use; c. Is subordinate in area, extent or purpose to the principal building or use served; d. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and e. Is located on the same or adjacent lot under the same ownership as the principal building or use served. An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid-mounted or other moveable structures. (Accessory or mother-in-law apartment. See Dwelling, Efficiency apartment) (2) Agriculture. Commercial farming, dairying,pasturage, horticulture, floriculture, viticulture, or animal and poultry husbandry including buildings used to shelter farm implements, hay, grain,poultry, livestock or other farm produce in which there is no human habitation and which is not used by the public. (3) Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, various accommodations for passengers, and business lease sites. (4) Alley. A dedicated public way which affords a secondary means of access to abutting property and not intended for general traffic circulation. (5) Alteration. Any change, addition or modification in the construction, location or use of a building. (6) Amusement and recreation facilit�. Establishment engaged primarily in providing entertainment for a fee including such activities as bowling alleys, billiards and pool, dance hall,pinball machines, video games or other similar player-operated amusement devices. (7) Antenna. A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital based strictures. Includes satellite dish. Title 15—page 2 44 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX (Apartment. See Dwelling) (8) Auto repair station. A place where a qualified automotive mechanic provides services such as general motor vehicle and engine repair, reconditioning or rebuilding, and collision service including body, frame and fender straightening and repair, painting and undercoating of motor vehicles. (9) Auto service station. A place used primarily for the retail dispensing of motor fuels and/or installation of tires, batteries and other accessories and services which do not customarily or usually require the services of a qualified automotive mechanic. Also known as a gas station. (Bed and breakfast. See Lodging) ( Boarding or rooming. See Lodging) (10) Brewpub. An establishment that is primarily an eating place which includes the brewing of beer as an accessory use. (11) Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. (12) Buildingarea.rea. A total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of external steps. (13) Building, existing. A building erected prior to the adoption of this Code or one for which a legal building permit has been issued. (14) Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum, which must be between the building and the property line or in a dedicated public right-of- way that is accessible to fire suppression personnel and rescue equipment, shall be selected by either of the following, whichever yields the greater height of the building: a. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than ten feet above the lowest grade; or b. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection a., above is more than ten feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. (15) Building, principal or main. A building in which is conducted the principal or main use of the lot on which the building is situated. Attached garages,porches and carports shall be considered to be part of the principal building. (Bunkhouse. See Housing) (16) Business,, general sales. A premises where the sale of goods or commodities to the consumer takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or Title 15—page 3 45 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX apparel shops; fishing equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores. (17) Business,personal service. The conduct of business where personal assistance is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc. (18) Campground. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units as temporary living quarters for recreational or vacation purposes. a. Campground, municipal. Campgrounds owned or operated by the City and designated as public campgrounds by resolution of the City Council. b. Campground, private camper parks. A privately owned and operated campground on any parcel, or adjacent parcels of land in the same ownership, which is used by two or more camping units. c. Campground, employee.-An area operated by an established business with high seasonal employment of An workers as a housing alternative and not construed to be a construction camp. (19) Camper park. A privately owned and operated campground on any parcel, or adjacent parcels of land in the same ownership, which is used by two or more camping units. (20) Camping unit. A tent or recreational vehicle. (21) Child care, licensed home. In accordance with Alaska Statutes, a private residence where adult care, protection and supervision is provided for children other than the occupant's. Also called day care, nursery school,preschool and kindergarten. (22) Church. A building, structure or group of buildings or structures primarily intended for conducting organized religious services and associated accessory uses. The definition of a church shall be dependent upon U.S. Internal Revenue Service and the Kenai Peninsula Borough Assessor's Office interpretation. A standard single-family residence not remodeled for public meetings shall not be considered a church. (23) Clinic. A building or portion thereof containing offices and facilities for providing out- patient medical, dental or psychiatric services, and which may include a dispensary to handle medication and other merchandise prescribed by physicians in connection with their medical practice. (24) Club, private. A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members, but not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues. Includes lodges. (25) Cluster subdivision. A development design technique that permits a reduction in lot area provided there is no increase in the number of lots permitted under a conventional subdivision or increase in overall density of development by concentrating buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas. Title 15—page 4 46 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX (Commercial building apartment. See Dwelling) (26) Commercial communications tower. A structure intended to support equipment used to transmit and/or receive communication signals including monopoles, guyed and lattice steel structures. This definition does not include a tower that supports only one or more amateur radio antennas. (27) Commercial use. An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. (Condominium. See Dwelling) (Convalescent or nursing home. See Housing) (28) Convenience store. A small-scale neighborhood grocery establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. (Dormitory. See Housing) (29) Drinking establishment. Any premises wherein the principal purpose is the retail sale of alcoholic beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar, cocktail lounge, tavern and nightclub. (30) Drive-in facilit3L.-Any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. (31) Dwelling. A building designed or used exclusively as living quarters for one or more families. a. Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building. b. Apartment, commercial building. An apartment located within a building designed to accommodate a mix of residential and commercial uses. c. Apartment, efficiency (also called accessory partment). A single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single-family dwelling. d. Apartment, owner or manager. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or manager family of that building or a commercial business located in the building. e. Apartment, studio. A small apartment less than 500 square feet with a fully functional kitchen and bathroom. f. Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multiunit building or development. Each owner owns a Title 15—page 5 47 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. g. Guest house. An accessory building occupied on a temporary basis solely by nonpaying guests. h. Mobile home. A factory-built home designed to be used as a year-round residential dwelling and originally designed and mounted on wheels and/or axle supports for transportation by another vehicle. i. Modular home. A factory-built residential structure that is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Includes factory-built and manufactured home. j. Multiple-famil._A building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. k. Single-family, attached. A building containing two or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. Also commonly called townhouse, row house and zero-lot line. 1. Single-family, detached. A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. m. Two-family, o�plex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. n. Unit, dwelling unit. A building or separate portion thereof containing kitchen, living, sleeping accommodations and at least one bathroom and designed to be occupied exclusively as a residence by one family. o. Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. (32) Family.-Any number of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit and distinguished from a group occupying a rooming house, club, fraternity house or hotel. (33) Farm animal. Any cow, horse, mule, goat, sheep,pig, chicken, or other similar animal commonly kept as livestock. Title 15—page 6 48 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX (34) Flea market. An occasional or periodic sales activity held within a building or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales. (35) Floor area, useable. That area used for or intended to be used for the sale of merchandise or services or as leasable office space as measured from the interior surfaces of the walls enclosing that part of the building. Such floor area which is used or intended to be used for the storage or processing of merchandise, hallway or for utilities or sanitary facilities is excluded from this computation of useable floor area. (36) Fractions. In the determination of density, required parking spaces or other requirements of this Code, computations resulting in a fractional number of 0.50 or above shall be considered the next larger whole number. (37) Garage,private. An accessory building or portion of a main building designed or used solely for storage of motor vehicles, boats and similar vehicles owned by the occupants of the building to which it is accessory. (38) Greenhouse, commercial.-A light-permeating structure used for cultivating and growing plants in a controlled temperature and humidity environment where such plants are offered for sale either on the premises or at another location. (Group care home. See Housing) (Guest house. See Dwelling) (39) Guide service. Any premises used for collecting or returning persons from recreation trips when remuneration is provided for the service. (Halfway house. See Housing) (40) Health club. Includes, but is not limited to, gymnasiums (except public),private clubs (athletic, health or recreational), reducing salons and weight control establishments. (41) Historic district. An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance as to warrant conservation and preservation. (42) Home occupation. Any use customarily conducted entirely within a dwelling, or its accessory building, and carried on by the occupants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no exterior sign, no display or stock in trade, no outside storage of materials or equipment, no commodity sold upon the premises and not more than two persons are engaged in such occupation. (43) Home professional office. A home occupation consisting of the office of a practitioner of a recognized profession. ( Hostel. See Lodging) ( Hotel. See Lodging) (44) Housing. Structures providing housing for groups of people, such as students, employees or nursing home residents. Title 15—page 7 49 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX a. Bunkhouse. A building used as living quarters for employee housing people stie ^� where shower and sanitary facilities are shared and in which there are no individual cooking facilities. b. Convalescent or nursing home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care. c. Dormitory. A building used as residential group living quarters for a student body or religious order as an associated use to a school, orphanage or other similar institutional use, and does not include kitchen facilities except a group kitchen facility to serve all residents. d. Group care home. A dwelling shared by no more than five disabled persons,plus resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling residents to live as independently as possible in order to reach their maximum potential. The term "group care home" shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts or other housing facilities serving as an alternative to incarceration. e. Halfway house. A licensed home for inmates on release from more restrictive custodial confinement, or initially placed in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the Alaska Department of Corrections. (45) Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber,paper,plastic or other scrap materials. (46) Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of breeding, buying, selling, keeping or boarding five or more dogs over the age of four months, whether for profit,pleasure, or as pets, by any person, individual, corporation, group of people or business entity. Does not include an animal shelter. (47) Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds) outdoor farm animals (i.e., cows, goats, horses,pigs, barnyard fowl, etc.). Does not include cats, dogs and other common household pets. (48) Loading space. A space located on premises for pickup and delivery at the premises. Required off-street loading space shall not be included as an off-street parking space. (49) Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping accommodations for a period of less than 30 consecutive days. a. Bed and breakfast. An owner occupied and operated single-family residential dwelling where lodging with a meal is provided for compensation on a short-term basis. The term does not include boardinghouses and separate apartments which are leased on a month-to-month or longer basis. Title 15—page 8 50 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX b. Boarding or rooming. An owner occupied building which has not more than five rooms available for rent or lease on other than a day-to-day basis and not open to transient guests for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms. Meals may be regularly prepared and served for compensation at a table, family-style, without service or ordering of individual portions from a menu. The term includes lodging house or rooming house but does not include separate apartments with individual kitchen and bath facilities. c. Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for hikers, cyclists or other travelers not generally traveling by car. d. Hotel. A facility with six or more guest rooms and on-premises management offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns. e. Motel. A building, or group of detached or connected buildings, having six or more guest rooms, an on-premises manager and parking conveniently located on the premises, which are designed primarily to offer sleeping accommodations, with or without meals, to the motoring public on a daily rate. Includes designations such as motor lodges, auto courts, tourist courts and similar terms. f. Short-term rental. A dwelling unit, or portion thereof, that is offered or provided to a guest for compensation for a period of less than 30 consecutive days. Short-term rentals may be in individual rooms in single-family homes, units in apartments, condominiums, townhouses, and multifamily dwellings. (Lon,--term rental. See Rental, long-term) (50) Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage or access on a public street or on an approved private street and may consist of: a. A single lot of record; b. A portion of a lot of record; c. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or d. A parcel of land described by metes and bounds,provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter and that, in the case of multiple lots or portions thereof, the property be replatted to eliminate interior lot lines. 1. Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and alleys. Title 15—page 9 51 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. Lot, buildable or useable area. That portion of a lot that a prudent person would use to construct a building and provide required parking. This excludes lakes and rivers, creeks, cliffs, marshes and other similar natural obstacles to development with the property counting toward minimum required size. 3. Lot, corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. 4. Lot coverage. The area of a site covered by building or roofed areas, including covered porches, decks and accessory buildings, but excluding allowed projecting eaves. 5. Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline. 6. Lot, flag.A lot or parcel located to the rear of another lot or parcel, the main body of which does not front on a street and is accessed by a narrow corridor. 7. Lot frontage. The portion of a lot abuttinz a street. Measured alon'-the horizontal distance between the points of intersection of the side lot lines with the front lot line. 6.8 Lot, interior. A lot other than a corner lot. -7.9 Lot line, front. In the case of an interior lot, a line separating the lot from the street. hi the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are met. 9.10 Lot line, rear. A line opposite and most distant from the front lot line and, in the case of irregular or triangular shaped lots, a line not less than ten feet in length within the lot,parallel to and at the maximum distance from the front lot line. 941 Lot line, side. Lot boundary not a front lot line or a rear lot line. 40.12 Lot line, zero. The mean horizontal line whereby two adjacent buildings from adjacent lots can be constructed with a common party wall providing a proper fire wall rating. All other aspects are the same as in conventional development. 44.13 Lot width. The average horizontal distance separating side lot lines of a lot and at right angles to its depth. The lot width for lots surroundinz a cul-de-sac bulb and fla,-lots will be measured on the mean horizontal distance between side lot lines. (51) Lumber a�An establishment that sells sawn timber and other building materials typically stored on the premises. (52) Manufacturing heavy.A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials; or a use engaged in storage of or manufacturing processes using flammable or explosive materials; or Title 15-page 10 52 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. (53) Manufacturing, light. A use engaged in the manufacture,predominantly from previously prepared material, of finished products or parts that, because of the nature of its equipment, operations,processes, materials, and products, has little or no potential of creating noise, vibration, dust, smoke, fumes, odor, glare, or other environmental impacts on surrounding properties or uses. (54) Marijuana. Marijuana means "marijuana" as that term is defined in Alaska Statute 17.38.900 and any amendments thereto. (55) Marijuana establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store as those terms are defined in AS 17.38.900 and any amendments thereto. a. Marijuana cultivation facilit,.Marijuana cultivation facility means an entity registered to cultivate,prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. 1. Limited marijuana cultivation facility. A limited marijuana cultivation facility has the privileges set forth at 3 AAC 305.405(a) and (b), and is subject to the prohibitions at 3 AAC 306.405(c), except that it must have fewer than 500 square feet under cultivation. b. Marijuana product manufacturing_ f acility. Marijuana product manufacturing facility means an entity registered to purchase marijuana; manufacture,prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. c. Marijuana testingf acilityMarijuana testing facility means an entity registered to analyze and certify the safety and potency of marijuana. d. Retail marijuana store. Retail marijuana store means an entity registered to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers. (56) Marijuana products. Marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. (57) Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats that may include the sale of fuel and incidental supplies for the boat owners and guests. Also includes harbor. (Mobile home. See Dwelling) Title 15—page 11 53 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX (58) Mobile home park. A parcel or adjacent parcels of land in the same ownership upon which two or more mobile homes are located or for which space is leased or held out for lease or use on a month-to-month or longer basis. This does not include sale lots on which unoccupied mobile homes are parked for inspection and sales and shall not be construed to mean tourist facilities for parking of travel trailers, motor homes or campers. (59) Mobile medical unit. A trailer, motorized coach or van capable of being transported from place to place, containing medical equipment such as a CT scanner, MRI or similarly complex medical diagnostic device or decontamination equipment. (Modular home. See Dwelling) (Motel. See Lodging) (Multiple-famil._See Dwelling) (60) Nonconforming building. Any building or portion thereof lawfully existing at the effective date of the ordinance affecting it and which does not conform to all of the use, height and density regulations of the zone in which it is located. (61) Nonconforming use. A use which lawfully occupied a building or land at the effective date of the ordinance affecting it that does not conform to the use provisions of the zoning district in which it is located. (62) Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive. (63) Office. A building or portion of a building wherein services are performed involving predominantly administrative,professional or clerical operations; i.e., travel, insurance, employment, utility,public service or government agencies. (64) Open area. Open area is any portion of the lot not: a. Covered by a structure, or; b. Used for parking spaces and maneuvering. (65) Owner. Any individual, firm, association, syndicate,partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land, including the attorney or agent thereof. (66) Owner-occupied. The use of a dwelling unit as the primary residence and permanent place of abode for the individual who holds the title of a property. (67) Park. Any public land available for recreational, educational, cultural or aesthetic use. (68) Parkin_ area.rea. A structure or an open area, other than a street, alley or other right-of- way, on which vehicle parking spaces are defined, designated or otherwise identified and available, whether free or for compensation, for use by the public, clients, tenants, customers, employees or owners of the property for which the parking area is required by ordinance. Title 15—page 12 54 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX (69) Parking requirements as stated in terms of employees. The maximum number of employees who will be at the site at one time on either a single shift or an overlap of shifts. (70) Parking space, off-street. A designated area sufficient in size to accommodate one motor vehicle, exclusive of maneuvering room, designed with adequate independent access to, but located off, any street, alley or other right-of-way. (71) Parking, valet. Attendant parking provided as a service to patrons of commercial establishments. (72) Peddler. A person who, with no fixed place of business, goes from house to house, place to place, or from store to store transporting goods, wares or merchandise for sale or offering or exposing the same for sale or making sales and delivering articles to purchasers. (See Transient merchant and Vending, Street.) (73) Planned unit development. A land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise be individually permitted. (74) Profession. An occupation or calling requiring the practice of a learned art through specialized knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor of medicine, lawyer, engineer or real estate broker. (75) Professional office. The office of a member of a recognized profession maintained for the conduct of that profession. (76) Recreational, indoor commercial. A facility accommodating such indoor recreation activities as skating rinks, bowling lanes or shooting/archery ranges. (77) Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks,playing fields or miniature golf. (78) Recreational vehicle. A vehicle used or intended to be used as transient living or sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design, whether or not the same is supported by wheels or identified by a model, serial or vehicle registration number. Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes, truck campers and similar vehicles. (79) Recreational vehicle (RV)park. Any parcel of land upon which two or more recreational vehicle sites are located, established or maintained for commercial occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Includes trailer park and camper park. (80) Recycling center. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. (81) Recycling collection point. An incidental use serving as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in Title 15—page 13 55 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX other public/quasi-public areas such as churches and schools, as opposed to being allowed on residential or vacant lots. (82) Rental, Ion,--term.A dwellinz unit, or portion thereof, that is rented, loaned, leased, or hired out for a period of 30 consecutive days or more. (Rental, short-term. See Lodzin,-) k824 83 Repair service, household/appliance. A business establishment where repairs are made to appliances and furniture. {9� 84 Residence. A home, abode or place where an individual is actually living at a specific point in time. 04) 85 Resource extraction. Commercial or industrial operations involving the removal of nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any operations having similar characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and crushers. {9-5} 86 Restaurant. An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state and whose principal method of operation includes one or both of the following characteristics: a. Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which the food and beverages are consumed; and/or b. A cafeteria-type operation where food and beverages generally are consumed within the restaurant building. (go 87 Restaurant, fast-food. An establishment whose principal business is the sale of quickly prepared, ready-to-eat food and/or beverages for consumption within the restaurant building, within a motor vehicle parked on the premises, or off the premises as carry-out orders, and whose principal method of operation includes the following characteristics: orders are generally taken at a main counter or drive-up window and food and/or beverages are usually served in disposable wrapping or containers. This includes drive-in and carry-out restaurants. {S� 88 Right-of-wayAn area or strip of public land which incorporates or is intended to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or public utilities. 0�8) 89 Salvage yard auto wrecking, scrap, junk). Any area used for the storage, keeping or abandonment of junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, machinery, other vehicles or parts thereof. 0;4) 90 School. Any public, religious or nonprofit facility providing a general curriculum of academic or vocational instruction serving any or all grades between kindergarten and twelfth grade. 0)4) 91 School, commercial. A facility providing commercial instruction in such activities as music, dance, arts, crafts and sailing. Title 15—page 14 56 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX {9-0 92 School, adult vocational..A facility providing a general curriculum of adult academic or vocational instruction. 0)-2) 93 Setback. The required minimum distance from a right-of-way or lot line that establishes the area within which only fencing, landscaping, driveways,parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet. { } 94 Shopping center. A single complex which provides a combination of retail establishments designed in such a manner as to provide convenience for shoppers with common parking facilities. Includes mall. ( Single-family, attached. See Dwelling) ( Single-family, detached. See Dwelling) {s34} 95 Solid waste facility. A disposal site employing an engineering method for disposing of solid wastes in a manner that minimizes environmental hazards. Includes landfill, compactor, transfer, etc. 0)45-) 96 Storage. A structure or designated area that provides space for storing. a. Container. An accessory storage use consisting of containers such as semi-tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed, and the unit is located outside any setbacks. Containers, whether temporary or permanent, are considered a structure and must comply with current adopted building codes. Railroad box cars are excluded except in the industrial zone. (See Accessory Use/Building, Building, and Structure) b. Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods,junk, material, merchandise or vehicles in the same place for an extended period of time. In the harbor commercial area, the use is limited to the storage of boats only. c. Self-service. A building or group of buildings consisting of individual, small, self- contained units that are leased or owned for storage of business and household goods or contractors' supplies. Includes mini warehouses. d. Warehouse and distribution. A building used primarily for the storage and/or distribution of goods,products, materials, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. (94) 97 Street. A dedicated public way which affords the principal means of access to abutting property, such as an avenue,place, drive, boulevard, highway or other similar public thoroughfare, except an alley as defined herein. Title 15—page 15 57 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX { } 98 Structure. Anything constructed or erected on the ground or attached to something having location on the ground, including, but not limited to, buildings,towers, and sheds. Fences, retaining walls less than three feet in height, signs and similar improvements of a minor character are excluded. {98} 99 Surface, durable. Means brick, flag-type stone, gravel, cement, or asphalt. {�9} 100 Temporary structure. A structure without any foundation or footings as allowed by the adopted building code which must be completely removed from the parcel when the temporary permit for the structure/use expires. {� (101 Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects or as a temporary office or business. {� 102 Transient merchant. Any person,partnership, firm or corporation, whether a resident of the City or not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or nonprofit within the City by operating on a door-to-door, street corner or similar basis; or from no fixed location or office; or from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. (Two-family or duplex. See Dwelling) (Unit, dwelling unit. See Dwelling) 4023 103 Utility,public facility. An installation owned by an agency under public franchise or ownership, or under certificate of convenience and necessity,providing the public with electriCity, gas, heat, steam, communication, water, sewage collection or other similar service. (4" 004) Vehicle, motor. A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. (4" 005) Vending. The sale of food, services or merchandise. a. Hawking. Is the loud or continuous audible solicitation of business by a vendor to the general public. b. Mobile vending cart. Is a non-motorized structure or unit on wheels that is easily moved and used for vending. c. Mobile vendor. A person or business that sells food or permitted types of goods from City-approved locations using (i) a licensed vehicle or cart capable of movement; or (ii) a licensed trailer pulled behind a motor vehicle. d. Pre-packaged food. Ready-to-eat food that is cooked, wrapped,packaged,processed, or portioned for service, sale or distribution. e. Roving vendor. A person who offers only pre-packaged food items to the public, with or without the use of a licensed motor vehicle, from no fixed location on public property, only on rights of way within designated zoning districts, excluding Fourth Title 15—page 16 58 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Avenue between Port Avenue and Van Buren Street, and also excluding Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. f. Transient merchant. Any person,partnership, firm or corporation, whether a resident of the City or not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or nonprofit within the City by operating from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, or motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. Transient merchants operate exclusively from private property. (Note: Transient merchant definition relocated. Previously 15.10.140. B. 95.) f145) 106 Veterinary h�j pital. A facility, which may include animal runs, in which veterinary services are rendered to animals and domestic pets and which may include clipping, bathing, boarding and other services. Includes veterinary clinic. (Watchman or caretaker dwelling. See Dwelling) } 107 Water-dependent. A use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water- borne transportation, recreation, energy,production or source of water. 0" 108 Water-related. Uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water- dependent land or waterway use and which, if not located adjacent to water, would result in a public loss of the quality of goods or services offered. 048*LO91 Yard. A required open space on the same lot with a main building, unoccupied or unobstructed from the ground upward, except as otherwise provided in this chapter. a. Front. The area extending across the full width of a lot, measured between the front lot line and the nearest exterior wall of the building, front of a bay window or the front of a covered porch or other similar projection, whichever is the nearest to the front lot line. b. Rear. A yard extending across the full width of the lot between the most rear extension of the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the point of the rear lot line nearest to the main building. In cases of double frontages and corner lots, there are no rear yards, only front and side yards. c. Side. A yard between a main building and side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building. (4" 110 Zero-lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Title 15—page 17 59 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Section 2. Seward City Code Title 15.10.222 Table is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): Table 15.10.222 Development Requirements Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Maximum Building Height 34 34 34 34 34 34 34 Varies 34 34 34 34 34 (ft.)(See Note 1,next 26 or page) 34* Minimum Buildable Lot 20,000 Varies Varies Varies Varies Varies Varies None Varies 10,000 20,000 None None Size(sq.ft.)(See Notes 2 3,000 3,000 3,000 3,000 3,000 6,000 3,000 and 7,next page) to to to to to to to 9,000* 9,000* 9,000* 9,000* 9,000* 6,000* 6,000* 990—* w;990—* Minimum Lot Width(ft.) 100 Varies Varies Varies Varies Varies 60 or 30 Varies 100 100 None None (See Notes 3 and 7,next 30 to 30 to 30 to 30 to 30 to 90* 30 to page) 60* 60* 90* 90* 90* 90* Minimum Front Yard 20 20 20 20 20 20 10 None None 20 20 20 20 Setback(ft.)(See Note 7, next page)except Leirer and Tract C-1 below Minimum Front Yard 20 20 20 20 20 20 10 None None 10 20 20 20 Setback(ft.)for Leirer Industrial Subdivision and Alaska Skill Center Tract C- 1 only.(See Note 7,next page) Minimum Side Yard 10 5 or 5 5 or 5 10 5 5 5 5 None 10 10 10 20 Setback(ft.)(See Notes 4 min. min. and 7,next page) with 15 with 15 total* total* Minimum Side Yard 10 10 10 10 10 10 10 None None 20 10 10 20 Setback Adjacent to Street (ft.)(See Note 7,next page) Minimum Rear Yard 10 10 10 10 10 10 10 None, None 10 10 15 20 Setback(ft.)(See Notes 5 5 and and 7,next page) 10* Maximum Accessory 20 20 20 20 20 20 20 20 34 34 20 34 20 Building Height(ft.) Title 15—page 18 60 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Table 15.10.222. Development Requirements—Table Notes NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the southern boundary of the South Harbor Uplands - Tract H, Waterfront Park Replat, the harbor basin and J Float Ramp, building height is limited to 26 feet. NOTE 2. A. Buildable/useable area—Lot may have to be larger to have minimum buildable area available. B. In the R1, R2, R3, UR, OR , AC and CB Districts, from the Seward Highway/Phoenix Road intersection South, to include the Bayview Subdivision, a minimum of 3,000 SF lots and 30 foot minimum frontages and north of the Seward Hizhway/Phoenix Road intersection, a minimum of 6,000 SF lots and 60 foot minimum frontages with 0 or- 0 C. Lots located on a cul-de-sac bulb shall have a minimum of 8,000 square feet and a 40-foot minimum lot frontage. D. Flaz lots shall have a minimum of I5,000 square feet and a 30-foot minimum lot frontage on the staff portion of the lot. GE A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000 SF is to accommodate required widening of an adjacent right- of-way. -D.F In the R1, R2, R3, UR, OR , AC and CB Districts, individual lots of at least 3,000 SF in the Original Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed for single-family residences provided all other development requirements of this chapter are met. KG Multiple-Family developments (except studio apartments)with three or more units require a minimum of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said districts require an additional 1,200 SF per unit of five or more units. EH Two-Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision require 5,000 SF. All other development requirements of this chapter shall be met. LEI Multiple-Family, studio apartments in the OR, AC, CB, HC, I and RM districts require a minimum of 9,000 SF. The total square footage required for lot setbacks shall be reserved as open area. All other requirements set forth in this chapter shall be met. NOTE 3. See Notes 2-P F and 2-R G above. NOTE 4. From Seward Highway/Phoenix Road intersectionSouth, a five-foot setback, each side; north, a minimum five-foot setback each side as part of a combined 15-foot setback total between both sides. Title 15—page 19 61 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX NOTE 5. In the HC District,parcels abutting mean high tide—No rear yard setback; parcels abutting the waterfront boardwalk—Five feet; and parcels not abutting the waterfront boardwalk or mean high water mark—Ten feet. NOTE 6. Excludes setbacks in HC and I. NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic sites. NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in an R1 district, except for a long term care facility, aka skilled nursing care facility. Section 3. Seward City Code Title 15.10.226 is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 15.10.226 Land Uses Allowed Table. KEY: O—Use Permitted Outright H—Home Occupation C —Use Requires conditional Use Permit P —Use Requires Administrative Permit Blank—Use Prohibited Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Accessory building O O O O O O 1 O O O O O O O Adult entertainment INTENTIONALLY LEFT BLANK Agency, i.e.,travel insurance, O O O O O title, real estate, etc. Agriculture O Airport and related services O C Amusement or recreation O O O facility Animal shelter O C C Antenna, personal TV, satellite O O O O O O O O O O O O dish Art gallery O O O O O Assemblages, temporary large, P P P P P P P i.e., circus, fair Attraction, permanent major C C C C C visitor Auditorium O O O Auto repair, i.e., mechanic,glass C O body, upholstery Auto service/gas station O O O Auto/RV sales and rentals O 1 O O Title 15—page 20 62 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Boat sales O O O Boat, commercial O O building/fabrication Boat, harbor/marina C C C C C Boat, repair and maintenance O O O C Boat, storage commercial O O O C Bulk material, i.e., concrete, C C gravel, sand, asphalt Business, marine retail sales and O O O O C service Business, package liquor O O O Business, retail sales and service O O O O Business, retail sales and O service, industrial Campground, municipal C/P C/P C/P C/P Campground, camper park, C/P C/P C/P private Campground, employee C/P Car/boat wash O O O Cemetery O C O Center, community/civic O O C C Center, mariner's O O O O Center, senior or teen C C C O O C C Child care, licensed center C C O O O C Child care, licensed home O O O O O O O O O Church C C C C C C O O O O Clinic, medical O O O O O Clubs, C O O C fraternal/lodges/social/veterans Cluster subdivision C C C Commercial communications C C C C C C tower less than 16 feet diameter or 75 feet in height Commercial communications C C C tower 16 feet diameter or greater than 75 feet in height Correctional/prison facility C C C C Crematory O Docks/wharves, industrial cargo O O C C Dock, passenger O 1 O O 1 C O Drinking establishment, i.e., bar, C C C nightclub, lounge Drive-in facility—Fast food, C C C C C banking, etc Title 15—page 21 63 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Dwelling, apartment in a O O O O O C commercial building (limited to one unit) Dwelling, apartment in a O O C C commercial building (two or more units) Dwelling, apartment, efficiency O O O O O O O or accessory Dwelling, apartment, studio C C C C C C Dwelling, attached single-family, C C C C C C C i.e., townhouse, row Dwelling, condominium C C C C C C C Dwelling, detached single-family O O O O O O O C C Dwelling, group home O O O O O O C Dwelling, guest house O O C Dwelling, multi-family(3 or C C C C C C C more units) Dwelling, two-family or duplex O O O O O C C Dwelling, watchman or O C caretaker Emergency services, pub/vol; C C C C C C O C O O C O i.e., fire, ambulance, rescue Financial institution, i.e., bank, C O O S&L Flea market, open air retail, C C C other than occasional Fuels, bulk storage and sales C Golf course O O C Golf driving range O O O O C Greenhouse/nursery— O O O Commercial Grocery, convenience store C C C O O O O Grocery, supermarket, food O O mart Health club C C O O O Home occupation O O O O O O O O O O Hospital C C Housing, bunkhouse C C C Housing, dormitory 9 C 9 C Housing, nursing retirement, C C C convalescent Kennel, commercial, musher or INTENTIONALLY LEFT BLANK fancier Laundry, dry cleaning O 1 C 1 O 1 O Title 15—page 22 64 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Library O O O O Livestock, excluding chickens P P and rabbits Livestock, chickens and rabbits P P P P P P P P P Lodging, B&B H/P H/P H/P H/P H/P O/P O/P O/P O/P Lodging, hostel P P P P P P Lodging, hotel, motel, lodge, inn C O C C Lodging, short-term rental H/P H/P H/P H/P H/P P P P P Lumber yard/building supply C O C Manufacturing— noxious, heavy C Manufacturing, light fabrication, C C O assembly Merchant, transient O O O O Mobile home park C/P Mobile home, residential, not in INTENTIONALLY LEFT BLANK park Mobile home sales O O Mobile medical unit O O O Mobile vendor P P P P P P P P P P P Mortuary/funeral home O O O Museum C O O O O O Office, boat charter, guide O O O O O C Office, business or professional O O O O O Office, government/quasi- O O O O O O O government administration Office, mobile/temporary on P P P P P P P P P P P P P construction site Office, home, professional O O O O O Parking lot C C 1 O O 1 O O 1 O 1 O O O Personal services, i.e., beauty, O O O O shoe,tailor Planned unit development C C C C C C Playground, public tot lot O O O O O O O O O O O Railroad C C C C Recreation, commercial indoor, O O O C i.e., bowling, skating Recreation, outdoor, i.e., O C C C miniature golf Recreation, shooting range C C C Recycling center C C O C Recycling, self-service drop-off O O O O O O O O point Rental, Long-term O O O O O O O O O O C C Title 15—page 23 65 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Repair service, i.e., large C C O appliance Resource extraction, C C C commercial subsurface, i.e., mining Resource extraction, C C C commercial surface, i.e., gravel Resource extraction, C C commercial timber harvesting Restaurant,food service, O O O O O C catering, brew pub Rooming or boarding house O/P O/P O/P O/P Roving vendor P P P P P P P P P P P Salvage—auto, wrecking, scrap, C junkyard Sawmill or lumbermill C C School, college C C C School, public/private, C C C C C C C C C elementary/secondary School,vocational C O O C O C Seafood processing, i.e., C C C C canning, rendering Shop, i.e., welding, sheet metal, C C O machine, steel fab. Shop, i.e., wood, signs, cabinet, C C O C O upholstery Shopping center(mall) C C Solid waste disposal, i.e., baler, C C C transfer, landfill Storage, container P P P P O P Storage, explosives P Storage, outdoor, yard, C O O C material/equipment Storage, self service O O O O Storage, warehouse and O O O C C distribution Studio, radio/television C O O O O C Tanks, above ground associated C C O with service station Taxidermy O O O O 1 O Terminal, i.e., bus, truck,freight O C O C Terminal, marine/boat O C O O C passenger Theater, concert, movie O O Tool/equipment rental O O Title 15—page 24 66 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Temporary structure P P P P P P P P P P Utility facility, public electric, C C C C C C O O O O O O water, sewer, etc. Vehicle impound lot O O Vending machine repair, storage O O C Veterinary hospital C C C Wind Energy Conversion O O O O O O O O O O O O O Systems (WECS) Section 4. This ordinance shall take effect immediately upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the XX day of June, 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT : ATTEST: Brenda Ballou, MMC City Clerk (City Seal) Title 15—page 25 67 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes April 4, 2023 Volume 7, Page CALL TO ORDER The April 4, 2023 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Clare Sullivan. OPENING CEREMONY Commissioner Nathaniel Charbonneau led the Pledge of Allegiance to the flag. ROLL CALL There were present: Clare Sullivan presiding, and Vanessa Verhey Nathaniel Charbonneau Victoria Monaco Brenan Hornseth Troy Staggs Sean Ulman Comprising a quorum of the Commission; and Jason Bickling, Community Development Director Selena Soto, Planning Technician Kris Peck, Acting City Clerk Excused—None Absent—None Vacant—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (CharbonneauNerhey) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the February 7, 2023 Planning &Zoning Meeting Minutes. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations and Awards—None City Administration Report 68 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes April 4, 2023 Volume 7, Page Community Development Director Jason Bickling said it was good to see a full house of Planning& Zoning Commissioners. Bickling noted that City Planner Courtney Bringhurst was attending a planning conference in Philadelphia. Bickling wanted to address the process of short- term rentals that were mainly open during the summer. There were two categories of compliance: Level 1 compliance pertained to the necessary paperwork such as the city business license and bed tax. Level 2 compliance pertained to actual misuse of the property. Bickling wanted to help P&Z understand the administrative side of the compliance process. It was stated in city code for Community Development to notify P&Z about any compliance issues. Other Reports and Announcements —None Presentations —None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2023-006,Recommending City Council And Kenai Peninsula Borough Approval Of The Preliminary Replat Of Fourth Of July Creek Subdivision,Seward Marine Industrial Center (SMIC), Unsubdivided Remainder Of Block 6, Physical Location 110 Olga Street, Creating Two Lots; Lots 4 & 5, Block 6, Fourth Of July Creek Subdivision SMIC, Duchess Replat. Motion (Charbonneau/Staggs) Approve Resolution 2023-006 Bickling recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Charbonneau said the resolution felt pretty straight forward and the fire hydrant installation issue had been addressed. Motion Passed Unanimous Resolution 2023-007, Recommending The City Council Update The Municipal Lands Inventory And Management Plan To Include Recommendations To Increase Day Use Parking At The Spring Creek Campground, Request An Easement To Maintain Beach Access To The North Of The Campground,And Plat The Area Into One Parcel And Rezone To Park. Motion (Hornseth/Staggs) Approve Resolution 2023-007 Bickling recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. 69 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes April 4, 2023 Volume 7, Page Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Charbonneau noted that Ms. Griswold's citizen comments and input were helpful in drafting Resolution 2023-007. Motion Passed Unanimous Resolution 2023-008, Recommending The City Council Update The Municipal Lands Inventory And Management Plan To Include Recommendations To Improve And Designate Parking And Access At The Fourth Of July Beach And Plat The Area Into One Parcel And Rezone To Park. Motion (Charbonneau/Staggs) Approve Resolution 2023-008 Bickling recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Charbonneau noted that Ms. Griswold's citizen comments and input were helpful in drafting Resolution 2023-008. Motion Passed Unanimous Resolution 2023-009, A Resolution Of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To John Wisel, To Construct A Mixed-Use Commercial Building With More Than Two Apartments At 213 Fifth Ave, Original Townsite Of Seward,South 10 Feet Of Lot 13 &The North 25 Feet Of Lot 14,Block 9; Within A Central Business (CB) Zoning District. Motion (Staggs/Monaco) Approve Resolution 2023-009 Bickling recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. John Wisel, outside city limits, said that Covid-19 put a halt to his previous CUP back in 2020. Currently, Wisel was up and running and ready to take on more construction. Wisel already had a few applicants interested in this mixed-use commercial building and he was looking forward to starting this project. 70 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes April 4, 2023 Volume 7, Page No one else appeared and the public hearing was closed. Charbonneau said the CUP lined out all the issues and the parking looked acceptable. Charbonneau typically liked to see an enclosure covering the trash cans, but in this case, the trash cans would be located in the alley and out of street view. Sullivan asked if this CUP was identical to the one issued in 2020. Wisel confirmed it was exactly the same. Verhey was concerned that there was already a lot of empty office space around town. Wisel said he had been approached by businesses like acupuncture, chiropractic, and retail. The office space being new and modern would be a draw. Sullivan noted that tearing down the existing building would be a huge improvement for the area. Resolution 2023-010,A Resolution Of The Planning And Zoning Commission Of The City Of Seward,Alaska, Granting A Conditional Use Permit To Colaska Inc. Dba QAP To Extract Gravel From Portions Of The Resurrection River Located On Seward Meridian SW NE 1/4 SW 1/4 And Seward Meridian SW West 330 Feet Of NW 1/4 Lying Within Seward City Limits And Seward Meridian SW Portion NW 1/4 SE 1/4 Lying Within Seward City Limits Excluding West 330 Feet; Within A Resource Management(RM) Zoning District. Motion (Charbonneau/Monaco) Approve Resolution 2023-010 Bickling recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Jerry Fogg, inside the city, noted that Resurrection River was designated as a salmon bearing body of water. Fogg asked how P&Z could grant permission for QAP to drive machinery in the river when locals were not even allowed to the drive an ATV in the river. Bickling responded that both Fish & Game and the Kenai River Center had approved of a small window of time for QAP to work in the river. No one else appeared and the public hearing was closed. Charbonneau felt the resolution was pretty straight forward and ready for approval. Sullivan noted that all the other required permitting looked to be in order and this resolution looked to be in good shape. Motion Passed Unanimous 71 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes April 4, 2023 Volume 7, Page UNFINISHED BUSINESS—None NEW BUSINESS Resolutions —None Other New Business Items Nominate and elect a Chair. Charbonneau nominated Clair Sullivan as chair. There were no other nominations. Motion (Charbonneau/Verhey) Elect Clare Sullivan as Chair with a term to expire February,2024. Motion Passed Unanimous Nominate and elect a Vice Chair. Charbonneau nominated Vanessa Verhey as Vice Chair. There were no other nominations. Motion (Charbonneau/Sullivan) Elect Vanessa Verhey as Vice Chair with a term to expire February,2024. Motion Passed Unanimous Discuss Topics For April 18, 2023 Work Session. Title 15 Updates, Long-Term Rental, Lot Frontages,Bunkhouses/Dormitories And Awning Discussion Introduction. Sullivan confirmed the topics were the same as provided in the agenda. INFORMATIONAL ITEMS AND REPORTS Reminder: Tuesday, April 18, 2023 Planning and Zoning Work Session at 6:00pm in the Council Chambers, City Hall. Reminder: Tuesday, May 9, 2023 regular meeting at 7:00 pm in the Council Chambers, City Hall. *Rescheduled from May 2nd due to the elections being held on that day. CITIZEN COMMENTS—None COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Verhey said it was great to have everyone at the meeting. 72 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes April 4, 2023 Volume 7, Page Charbonneau thanked the public who came to the meetings. He also thanked Community Development and P&Z for their work. Hornseth thanked Sullivan for serving as Chair and Verhey for serving as Vice Chair. Ulman thanked administration for all their hard work. Sullivan thanked all the commissioners for attending the meeting and noted how their actions helped the real world make progress. ADJOURNMENT The meeting was adjourned at 7:42 p.m. Kris Peck Clare Sullivan Acting City Clerk Chair (City Seal) 73 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2023-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE PLANNING AND ZONING COMMISSION PRIORITIES FOR JANUARY 2023 TO JANUARY 2024 WHEREAS,the Seward City Code §2.30.225.b states that"the Commission shall act in an advisory capacity to the City Council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the City Council; and WHEREAS, the Planning and Zoning Commission attended a meeting with City Council on January 23, 2023 to review and update the Planning and Zoning annual Priorities; and WHEREAS,the Planning and Zoning Commission approved Resolution 2023-005 on February 7, 2023, recommending City Council approval of the Commission's priorities for January 2023-January 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The following list of 2023 priorities for the Planning and Zoning Commission are approved by the City Council: SHORT TERM (2023) SPECIFIC PRIORITIES o Through powers of the Commission, contribute and collaborate as needed to help be part of the solution for the housing issues that Seward is facing including recommending changes to the Muni Land Plan and Title 15. o Recommend revised language to City Council concerning P&Z Commissioner qualifications and attendance. (Administration) 2030 Comprehensive Plan Review and Update Recommendations: Hold a public hearing on the Comprehensive Plan. Deten-nine a month to hold Public Hearing annually (as required by code). The Commission will make recommendations to council to make this document living and usable, including considerations of a shorter revision cycle. ONGOING PRIORITIES * Review and make recommendations to update Title 15 as needed. (Title 15 is a living - document and keeping it current is part of the role of Community Development and the 74 CITY OF SEWARD, ALASKA RESOLUTION 2023-024 P&Z Commission.) Topics to address this year may include: dwelling definitions, height restrictions,parking, signs, development standards, etc. • Review and update the Municipal Lands Inventory and Management Plan (MLIMP) to meet the current and future needs of the City of Seward. (Annual Review at Regular meeting in September) • Promote public interest and understanding for the upcoming review process of the Comprehensive Plan (Different pieces of the comprehensive plan can be reviewed each year to help keep tip to date before the official review every 10 years. Code requires that we have one public hearing on an annual basis and recommendations shall be forwarded to council for consideration) • Look at current and future community needs to identify a wide range of strategies, including land use and zoning changes, to support the long- term vitality of the City. • Joint Work sessions with Seward Bear Creek Flood Board regarding city/borough projects: Lidar mapping, Flood mitigation, Airport, Second Avenue culvert project, Resurrection River, Japanese Creek, Lowell Canyon, Beach revitalization project (Annual Joint Work session) • Work with PACAB on the Seward Marine Industrial Center (SMIC) new zoning overlay and development plan (Annual Joint Work session) • Work with Historic Preservation Commission to develop methods to preserve the historic downtown (Annual Joint Work session) • Planning & Zoning Commissioner education and training (Annual trainings for both procedure and content) Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27a1 day of February, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: DcMoss, Wells, Finch, Barnwell, Calhoon, Osenga, McClure 75 CITY OF SEWARD, ALASKA RESOLUTION 2023-024 NOES: None ABSENT: None ABSTAIN: None ATTEST: F renda Ballo MC City Clerk +aa � of (City A "<r o OF ALP; 76