HomeMy WebLinkAboutRes2024-003 Rezone Mount Alice Estates Sponsored by:Applicant
Public Hearing: January 9, 2024
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION •
RESOLUTION 2024-003
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 MOUNT
ALICE ESTATES PLANNED UNIT DEVELOPMENT, PHASE 1, LOTS 1-
11 AND TRACTS B-D, LOCATED AT 1303 NASH ROAD, FROM A
RESOURCE MANAGEMENT (RM) ZONING DISTRICT TO A MULTI-
FAMILY RESIDENTIAL(R3) ZONING DISTRICT
WHEREAS,Ken and Jonathon Lang have submitted have submitted a rezone application
on behalf of Resurrection Bay Investments LLC to the City of Seward Planning and Zoning
Commission 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 Lots 1-11 and Tracts B-D within the Mount Alice Estates Planned Unit Development,Phase
1 from a resource management(RM)zoning district to a multi-family (R3) zoning district;and
WHEREAS, the total area to be amended exceeds the required one acre as specified in
Seward City code §15.01.035(b)(3); and
WHEREAS,the multi-family (R3)zoning district is intended to provide opportunities for
a higher density residential setting with a mix of housing units which are predominately multi-
family units close to concentrations of public services, employment,and/or recreation; and
WHEREAS, this development would provide more housing options near recreation and
employment opportunities on Nash Road; and
WHEREAS,the developer has expressed a desire for the construction of residences to be
primarily single family homes with one or more condominiums in the larger tracts; and
WHEREAS, single family homes and duplexes are allowed outright in an R3 zoning
district; and
WHEREAS,multi-family dwellings,condominiums,and townhomes are allowed with an
approved conditional use permit in an R3 zoning district; 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:
CITY OF SEWARD,ALASKA
RESOLUTION 2024-003
Section 1. The Seward Planning and Zoning Commission supports the proposed zoning
change and recommends Resolution 2024-003 be forwarded to the City Council for approval.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 9th day
of January, 2024.
THE CITY OF SEWARD,ALASKA
Clare Sullivan, Chair
AYES: Charbonneau, Hornseth, Ulman, Sullivan
NOES: None
ABSENT: Verhey
ABSTAIN: None
VACANT: Two
s,•.i
�� SE1 N l,,,,
ATTEST: °.'. O! I�y,Q'� ,,
• v Oj/i/
Kris Peck
City Clerk %' E . •�•�Q'���
5 .
(City Seal) OF P.P'',,,
•111••
Planning and Zoning Agenda Statement
Meeting Date: January 9, 2024
To: Planning and Zoning Commission
Through: Courtney Bringhurst, Acting Community Development Director
From: Applicant
Agenda Item: Resolution 2024-003: Recommending City Council Approval of the Land
Use Amendment to Rezone Mount Alice Estates Planned Unit
Development, Phase 1, Lots 1-11 and Tracts B-D, Located at 1303 Nash
Road, from a Resource Management (RM) Zoning District to a Multi-
Family Residential (R3) Zoning District
Background and justification:
Ken and Jonathon Lang have submitted an application on behalf of Resurrection Bay Investments
LLC to rezone the portion of land south of Nash Road in the proposed Mount Alice Estates Planned
Unit Development, Phase 1.
The owner of Resurrection Bay Investments LLC intends to develop the property as a private,
gated community. There will be certain covenants and restrictions established for the private
community that will maintain a high standard of development for the community. The developer
intends for the majority of housing within the community to be single-family homes, but also
desires the flexibility to construct condominiums on the larger tracts of land. For this reason, the
developer has submitted a land use amendment application to rezone Lots 1-11 and Tracts B-D
from resource management(RM)to multi-family residential (R3).
The total area of land to be amended exceeds the required one acre as specified in Seward City
code §15.01.035(b)(3), and the majority of property owners in the area to be amended have
petitioned the city in support of this rezone.
The multi-family (R3) zoning district is intended to provide opportunities for a higher density
residential setting with a mix of housing units which are predominately multi-family units close to
concentrations of public services, employment, and/or recreation. The location of this private
community on Nash Road places the future housing proximate to recreation and employment
opportunities.
The developer has expressed the intention to construct a condominium on the larger tract with
primarily single-family homes on the other lots.
The public notification process was complied with and the appropriate public hearing, as required
by Seward City Code §15.01.040.
37
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
Plan: within the city of Seward and its vicinity in accordance with community
values.
Vol 1, Chapter 3.2.1.2 — Expand the opportunity for affordable, diverse,
year-round housing through appropriate land use regulations.
Vol 1,Chapter 3.3.1—Encourage development of new housing in Seward.
Vol 1, Chapter 3.3.1.1 — Support a range of housing choices that meet the
needs of people in various income and age groups
Strategic Plan: N/A
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 land use amendment were notified
of this public hearing. Public notice signs were posted on the property and all other public hearing
requirements of Seward City Code §15.01.040 were complied with.
At the time of this publication the Community Development Department has received no public
inquiries. If any correspondence is received after publication of this agenda statement, it will be
submitted to the Commissioners for their review.
Recommendation
Commission approve Resolution 2024-003, recommending City Council approval of the Land Use
Amendment to rezone Mount Alice Estates Planned Unit Development, Phase 1, Lots 1-11 and
Tracts B-D, Located at 1303 Nash Road, from a Resource Management(RM)Zoning District to a
Multi-Family Residential (R3) Zoning District
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DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977
C=OF SEWARD Community Development
P.O. Box 167 907.224.4049
410 Adams Street planning@cityofseward.net
Seward,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: Resurrection Bay Investments, LLC; Alice Darling, Manager
Address: P.O. Box 149, Seward, Alaska 99664
Telephone Number: 907-205-1475 Email: irisdarling@hotmail.com
Property Description
Address: No address; MP 2.2 to MP 3.0, Nash Road
Lot: NSA Block: N/A Subdivision: N/A
Size of subject area: 30.90 acres Number of parcels within subject area:
Additional Information Located in Historic Overlay District?Yes [_] No [_]
Intended use and/or reason for rezoning: see the attached narrative
Does the proposed amendment comply with the Comprehensive Plan? Please list how below.
Seward 2030 Comprehensive Plan Volume L hops://www.cityofseward.us/home/showdocument?id=1705
Volume IL hops://www.cityofseward.tis/home/showdocument?id=1707
41
DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977
Does the proposed amendment comply with the Historic Preservation Plan (skip if not within
Historic Overlay District)
N/A
What is the effect of the zoning amendment on the property owners and on the community at
large?
see the attached narrative
hereby certify that the above statements and other information submitted are true and accurate
to the best of my knowledge.
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 meetings are held the first Tuesday of every month.
4aDocuSigned by:
Applicant Signature: dM Q�
Enclosed:
$300 Payment ( )
Map of the subject area ( )
Other: ( )
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: (SCC 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.
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DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977
Lang & so tes, inc.
Registered Pr sional La d Surveyors
11500 Daryl Avenue
Anchorage,Alaska 515-304
a
(907)522-6476
1 e an surve .co
a than lan surve .co�
travis@langsurvey.com
Mount Alice Estates Mount Alice Estates Planned Unit Development, Phase I
01 December 2023
On behalf of Resurrection Bay Investments LLC we present you with this plan for Mount Alice Estates
Planned Unit Development, Phase I. This plan asks for a subdivision, a rezone of the property, a
conditional use ep rmit for a planned unit development, and a variance for a private roadway.
Overview .,..-
The contiguously owned 3 ��
— }
property is 107.2 acres
bisected by Nash Road.
Mount Alice Estates, Phase I `
(shown)is a planned unit
develo ment with 11 lots
and 3 tracts, with a private
roadway tract south of Nash u
Road; and a single tract north q.
of Nash Road, reserved for
future development. There is
also another 80 acres (two
40-acre BLM aliquot parts; em
one inside the city limits, one
outside) owned by
Resurrection Bay
Investments LLC to the
north of this project that is _
not included in this phase of
the subdivision and is
reserved for subsequent
development.
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DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977
Surrounding uses
The property is bordered on the east side by the Seward City Limits. The properties to the north, east,
and south are all zoned Resource Management(RM) and are owned by either the State of Alaska or the
City of Seward. Tidelands lay immediately west of Tract C and Lots 5 through 11. The property to the
west of Tracts A& B is zoned Industrial (I).
Rezone
Through this action
we propose to rezone
the property from
Resource s 5eward0tyurnits
Management(RM) to
Multi-family ?, ZoningOnline
Residential District
RuralResi6en¢al
(R3). R3 is "intended _
Single Famly Residential
to provide
Two Family Residential
opportunities for a
Mult Family Residential
higher density
Urban Residential
residential setting , 4ffce Resides aI
with a mix of
Harbor Commercial
housing units which REZONE
i . Auto Commercial
are predominately ,
Central business District
multi-family units
` � Industrial
close to �
Institutional
concentrations of
Park
public services
Resource Management
employment and/or
recreation. This
district may provide
a transition between more intensive districts and lower density residential areas if sufficient screening
and design features are provided to protect multi-family residences from undesirable effects." Seward
Code 15.05.025.13.4 —Multi-family residential district(R3).
The portion being rezoned is approximately 30.90 Acres (exclusive of the proposed road), and the
property is currently zoned Resource Management, "Lands which are generally undeveloped and
cannot be precisely zoned due to inadequate information..." (15.05.025.13.13).
The rezone to R3 was chosen to allow condominium developments.
Page 2 of 6
44
DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977
Subdivision
The proposed subdivision
is 11 lots, 4 tracts, and 1
private roadway tract. �. •
Tract A, north of Nash
Road, is reserved for
rnncf x
future development and '�"'°''"
is included because Nash
Road bisects the parent
parcel.
Trod 9
Lot 7
Tract B, south of Nash
Road is intended for a
Lot 2
residential condominium.
Tracts C and D could be ,or 10
developed as
Lam+ 3
Lol 4 iasn�a aa.
condominiums or as
apartments or other larger Lot
Lot 4
residential structures.
Lots 1 through 11 are ��4,
True D
intended for residential Lrr a
.o.M .,-
use. LM 5
IL
Eagle Run Circle will be
a private roadway tract,
owned and maintained by
Tract C
the home owner's
association of the
proposed Planned Unit
Development.
All lots south of Nash
Road are intended to
have access to
Resurrection Bay. A 30'
Access Easement will be
dedicated on Tract B for
all owners in the PUD.
Page 3 of 6
45
DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977
Conditional Use Permit
The conditional use permit for a Planned Unit Development will allow a gated privately maintained
road for Mount Alice Estates Planned Unit Development as well as a private boat launch and private
docks along the more than 2900 feet of tideland frontage along Resurrection Bay, to be coordinated
with the Seward Harbormaster.
Seward Code 15.10.130—Unlisted Uses states "Unlisted uses may be allowed within a district upon
written decision by the commission provided that each unlisted use meets all the following conditions:
1. The use is not specifically permitted in any other district;
2. The use is not more appropriate in another district; and
3. The use is consistent with the purpose of the district in question, and is similar to other uses
permitted outright."
Private residential docks are not addressed by Seward Code. Docks are allowed in Harbor Commercial
but the industrial intent of that zoning district conflicts with the residential neighborhood proposed. The
use is consistent with the purpose of Residential Multi-family but is not a specific use within the
ordinance.
Variance Request
We respectfully request a variance from Seward Code 16.05.010.1 - Required public improvements,
Streets. The developers will be constructing the required improvements but the intention, through the
planned unit development, is for the roadway to be private. The roadway will be built to city
specifications as required by code but will not be dedicated as public right-of-way.
Private Water and Septic Systems
Tile 14 explicitly states "The city shall provide water service within the city limits (14.10.010)". The
property falls within the city limits. The nearest city water main is more than 2000 feet to the south at
the Seward Marine Industrial Complex and it is impractical to extend either the city water or the sewer
system to the site at this time. The intention is for each parcel to have a water well and an on-site septic
system.
Page 4 of 6
46
DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977
The 2030 Comprehensive Plan Update
The development's location on the outskirts of Seward does not negatively impact Seward's unique
historic, small-town character. By meeting the development standards in Title 13, 14, 15, and 16 we are
attaining the 2030 Plan goal of maintaining the health and safety of residents and visitors and
enhancing the town's best features.
The goals of the 2023 Plan noted below are either fulfilled by the proposed development or supported
and encouraged for the proposed development:
2.2 Community Values
2.2.10 Land Development—the project meets the land development goals of the 2030 Plan by
encouraging home ownership opportunities.
2.2.11 Economic Base—the project will provide a short term economic boost to the local economy
during construction and year-round housing for the community workforce. The subdivided parcels and
improvements will add to the local tax base.
2.2.12 Transportation Facilities -the project will use the exiting State of Alaska DOT&PF maintained
Nash Road and the private roadway will be the responsibility of the Planned Unit Development home
owner's association.
2.2.12.1 Traffic Management—the project will add an estimated 200 trips per day to Nash Road. The
biggest impact being left turns from Eagle Run Circle on to Nash Road where subdivision residents
may have to wait for southeast bound traffic.
2.12.12.3 Road construction—the private roadway will be maintained by the Mount Alice Estates home
owner's association and will not be a burden to taxpayers.
3.1 Economic Development
3.1.1.2 Update and expand infrastructure—while this section of the 2030 Plan is focused on
commercial and industrial uses, the development of Mount Alice Estates will allow small scale marine
related home businesses (example: a community resident charter boat captain that stores his boat at
home at Mount Alice Estates Planned Unit Development).
3.2 Land Use
3.2.1 Promote residential development
3.2.1.2 Expand the opportunities for affordable, diverse, year-round housing through land
use regulations.
3.3 Housing
3.3.1 Encourage development of new housing in Seward.
3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age
groups.
Page 5 of 6
47
DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977
3.5 Port and Harbor Development
3.5.1 Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and
implementation management plans. The proposed private docks and boat launch supports this goal.
3.9 Quality of Life
3.9.2.2 Preserve and protect the scenic views of the mountains and Resurrection Bay. The proposed
development does not significantly impact to the slopes of Mt. Alice.
3.9.2.3 Preserve the quiet of residential neighborhoods.
Timeline
Development is anticipated to begin after breakup in the Spring of 2024 with Phase I completed within
the next five years.
Conclusion
For the reasons illustrated above, we respectfully ask that the requests for the subdivision and
conditional use permit for Mount Alice Estates Planned Unit Development, Phase I be granted as well
as the variance requested for the private street. We also ask that the property be rezoned to Multi-family
Residential District(R3).
Page 6 of 6
48
CITY OF SEWARD, ALASKA
AFFIDAVIT OF MAILING
PUBLIC HEARING NOTICE
upon oath, deposes and states:
That she is employed in the Community Development Office of the City of
Seward, Alaska; and that on ec f 9, ZvZ 3 she mailed a Notice of
Public Hearing to the real property owners within a 300-foot periphery of T 1S
R 1W Sec 1 Seward Meridian SW E1/2 NE1/4 & Govt Lots 4 & 5
Excluding Nash Road ROW; physical address 1303 Nash Road, as
prescribed by Seward City Code 15.01.040/16.01.015.
Affirmed and signed this J day of 2023.
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AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
I, u\fl. d herebycertify that I have posted a
Y
Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 on the
property located at T IS R 1W Sec 1 Seward Meridian SW E1/2
NEi/4 & Goat Lots 4 & 5 Excluding Nash Road ROW; physical
address 1303 Nash Road, the owners of which have petitioned for a
Public Hearing to Rezone Mount Alice Estates, Pianned Unit Development,
Phase 1, Lots 1-11 and Tracts B-D from a Resource Management Zoning
District to a Multi-Family Residential Zoning District.
The notice was posted on (� d-�� ) , which is
days prior to the public hearing on this petition. I acknowledge this Notice
must be posted in plain sight, maintained and displayed until all public
hearings have been completed.
Affirmed and signed this day of , 2023.
l ,
Signature
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