HomeMy WebLinkAbout02062024 Planning & Zoning Packet Planning & Zoning Commission
Meeting Packet
Regular Meeting
Tuesday, February 6, 2024
Council Chambers, City Hall
7:00 p.m.
1963 1965 2005 The City of Seward,Alaska
PLANNING & ZONING COMMISION
II.' MEETING AGENDA
City Council Chambers, 410 Adams Street
Please silence all cell phones and devices during the meeting
Chair Clare Sullivan
Vice Chair Vanessa Verhey Commissioner Brenan Hornseth Acting Community Development
Commissioner Nathaniel Vacant Seat Director Courtney Bringhurst
Charbonneau Vacant Seat City Clerk Kris Peck
Commissioner Sean Ulman
February 6, 2024 at 7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited
to 3 minutes per speaker and 36 minutes total time for this agenda item.)
5. APPROVAL OF AGENDA AND CONSENT AGENDA(Approval of Consent Agenda passes all
routine items listed tinder Item 7. Consent Agenda items are not considered separately unless a commission
member requests.In the event of such a request, the item is returned to the Regular Agenda.Marked with *.)
6. SPECIAL ORDERS, PRESENTATIONS,AND REPORTS
A. Proclamations and Awards -None
B. City Administration Report
C. Other Reports and Announcements - None
D. Presentations (Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per
meeting unless increased by the commission) -None
7. CONSENT AGENDA
A. Minutes of Preceding Meeting
1)*Approve January 9, 2024 Planning & Zoning Commission Meeting
Minutes.....................................................................................Page 3
8. PUBLIC HEARINGS (Public hearing comments are limited to five (S)minutes per person.After all
speakers have spoken, a person may speakfor a second time for no more than one(1)minute.)
A. Resolutions Requiring Public Hearing -None
9. UNFINISHED BUSINESS
Planning&Zoning Commission Meeting Agenda February 6,2024 11 P a g e
A. Resolutions
1) Resolution 2024-004, of the Planning and Zoning Commission of the City of Seward,
Alaska, Granting a Conditional Use Permit to Resurrection Bay Investments LLC to
Implement a Planned Unit Development, Including the Development of Streets,
Utilities, Dwellings, and Residential Docks, on Lots 1-I I and Tracts B-D, Mount
Alice Estates Planned Unit Development, Phase 1; Within a Multi-Family Residential
(R3) Zoning District..........................................................................Page 9
(This Resolution was postponed from the January 9,2024 regular meeting)
10. NEW BUSINESS
A. Resolutions -None
B. Other New Business
1) Discuss work session topic for February 20, 2024.
11. INFORMATIONAL ITEMS AND REPORTS (No action required)
A. Reminder of Meetings
1) Work session on February 20, 2024
2) Regular meeting on March 5, 2024.
B. Other Items
12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to_five(5) minutes
per speaker)
13. COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN
COMMENTS
14. ADJOURNMENT
Planning&Zoning Commission Meeting Agenda February 6,2024 2 1 P a g e
City of Seward,Alaska Planning&Zoning Commission Meeting Minutes
January 9, 2024 Volume 8,Page
CALL TO ORDER
The January 9, 2024 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 Vefhey Nathaniel Charbonneau
Brenan Hornseth Sean Ulman
Comprising a quorum of the Commission; and
Courtney Bringhurst, Acting Community Development Director
Clara Brown, Executive Planning Assistant
Kris Peck, City Clerk
Jodi Kurtz, Deputy City Clerk
Excused—Vanessa Verhey
Absent—None
Vacancies- Two
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING—None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Charbonneau/Hornseth) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Approval of the November 7, 2023 Planning and Zoning Commission Meeting Minutes
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards—None
City Administration Report.
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City of Seward,Alaska Planning&Zoning Commission Meeting Minutes
January 9, 2024 Volume 8,Page
Acting Community Development Director Courtney Bringhurst hoped everyone had a
wonderful holiday season. Bringhurst introduced Clara Brown as the new Executive Planning
Assistant. The city also recently hired Danny Mueninck as the new Community Development
Director and said he would be starting at the beginning of February.
Other Reports and Announcements—None
Presentations—None
PUBLIC HEARINGS
Resolution 2024-001, of the Planning and Zoning Commission of the City of Seward, Alaska,
Recommending City Council Approval of the Land Use Amendment to Rezone Fort Raymond
Subdivision, Replat Number 7, Lot 10A-1, Located at 905 Sea Lion Ave, from an Institutional
(INS) Zoning District to an Auto Commercial (AC) Zoning District
Motion (Charbonneau/Hornseth) Approve Resolution 2024-001
Bringhurst explained the owner was Seward City Tours who had recently purchased this
property from the city. Bringhurst explained that the applicant had requested the zoning change
from Institutional Zoning to Auto Commercial. The owner desired to build an automotive
maintenance shop which required this rezone. In addition to the agenda statement, Bringhurst
wanted to add that south of the rezone was a parcel that was still zoned Institutional. This property
still belonged to the city and the intention was to also rezone it to Auto Commercial.
Notice that the public hearing has been approved and published as required by law was noted and
the public hearing was opened. No one appeared and the public hearing was closed.
Motion Passed Unanimous
Resolution 2024-002, of the Planning and Zoning Commission of the City of Seward, Alaska,
Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of T IS R 1 W Sec 1,
Seward Meridian SW E %2 NE '/4& Govt Lots 4&5, Excluding Nash Road ROW;Located at 1303
Nash Road; Creating Mount Alice Estates Planned Unit Development, Phase 1, Lots 1-11 and
Tracts A-D
Motion (Charbonneau/Hornseth) Approve Resolution 2024-002
Bringhurst summarized the agenda statement in the packet and recommended approval of
the resolution.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened.
Carol Griswold, inside city limits, spoke in opposition to Resolution 2023-002 and read
from the written statement she had provided to the clerk and commission.
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City of Seward,Alaska Planning&Zoning Commission Meeting Minutes
January 9, 2024 Volume 8,Page
Clerk's Note- The Griswold letter is available on the Citv of Seward Legislative History site as a
laydown.
Iris Darling (telephonically) said she had owned the property for a long time and explored
every angle of development. She was mindful of the eagles' nest and did not want to destroy the
nest or detract from the beauty of Seward. Darling had met with engineers and surveyors, and they
were considering every aspect involved with development. Darling said she would abide by all the
rules and regulations of converting this land into housing for the community.
No one else appeared and the public hearing was closed.
Charbonneau said this resolution was a simple matter of dividing up the parcel. He felt that
the Griswold laydown comments would be more applicable to the resolutions coming up next on
the agenda.
The Commission suspended the rules to ask the surveyors to speak to a question regarding the
access gate to the subdivision.
Professional Land Surveyor Jonathon Lang said he had no opposition to setting back
the gate from the highway to create a turnaround area. However, he recommended adding these
specifications into the subdivision agreement rather than the plat.
Motion Passed Unanimous
Resolution 2024-003, 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
Motion (Charbonneau/Hornseth) Approve Resolution 2024-003
Bringhurst summarized the agenda statement and recommended approval of the resolution.
She said Iris Darling intended to develop this property for dwellings and residential use.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened.
Carol Griswold, inside city limits, encouraged the commission to make amendments to
these resolutions, otherwise no changes would actually be made. Griswold stated how the Seward
Code did not allow for split zoning. She spoke in opposition to Resolution 2024-003 and read from
her written statement that was provided to the clerk and commission.
Iris Darling (telephonically) said she explored all angles of this rezone and would listen
to all the comments and try to do the best for Seward and the community.
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City of Seward,Alaska Planning&Zoning Commission Meeting Minutes
January 9, 2024 Volume 8,Page
No one else appeared and the public hearing was closed.
The commission discussed why R3 zoning would be more beneficial than R1 zoning. There
was also interest in getting a traffic study done for this development project.
The commission suspended the rules to speak back and forth with Professional Land Surveyors
Jonathan Lang and Ken Lang about the development.
Motion Passed Unanimous
Resolution 2024-004, of the Planning and Zoning Commission of the City of Seward, Alaska,
Granting a Conditional Use Permit to Resurrection Bay Investments LLC to Implement a Planned
Unit Development, Including the Development of Streets, Utilities, Dwellings, and Residential
Docks, on Lots 1-I I and Tracts B-D, Mount Alice Estates Planned Unit Development, Phase 1;
Within a Multi-Family Residential (R3) Zoning District
Motion (Charbonneau/Hornseth) Approve Resolution 2024-004
Bringhurst summarized the agenda statement and recommended approval of the resolution.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened.
Carol Griswold, inside city limits, had many concerns about a planned unit development
that would allow for a gated community with a private road, private boat launch and private docks
along the shore of Resurrection Bay. She spoke in opposition to Resolution 2024-004. Griswold
read from her written statement that she provided to the clerk and commission.
Rissie Casagranda, (telephonically) spoke as the real estate agent for Iris Darling.
Casagranda wanted to rezone the property for higher usage and noted the R3 zone would be
drastically surrounded by industrial zoning.
No one else appeared and the public hearing was closed.
The commission discussed the possible traffic study requirement.
Resolution 2024-004 was amended in Section 1 (a)to read: Civil engineering will be required for
each site.
Motion (Sullivan/Charbonneau) Postpone This Resolution Until After The
Commission Can Discuss This Resolution At The
January 23, 2024 Work Session
Motion to Postpone Approved Unanimous
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City of Seward,Alaska Planning&Zoning Commission Meeting Minutes
January 9, 2024 Volume 8,Page
Resolution 2024-005, of the Planning and Zoning Commission of the City of Seward, Alaska,
Recommending the City Council Amend Seward City Code 15.10.226(C)(7), Requirements for
Mobile Vendors
Motion (Charbonneau/Hornseth) Approve Resolution 2024-005
Bringhurst summarized the agenda statement and recommended approval of the resolution.
This would come before City Council as an ordinance to allow mobile vendors to remain in place
overnight.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened. No one else appeared and the public hearing was closed.
The commission discussed the resolution and felt there were no major issues to allow the vending
carts to remain in their designated spots overnight.
Motion Passed Unanimous
UNFINISHED BUSINESS—None
NEW BUSINESS
Resolution 2024-006, of the Planning and Zoning Commission of the City of Seward, Alaska,
Recommending City Council Approval of the Planning and Zoning Commission Priorities for
January 2024 to January 2025
Motion (Charbonneau/Hornseth) Approve Resolution 2024-006
Bringhurst said one of the goals for 2024 was to revise requirements in city code for
Conditional Use Permits. She also noted this year the commission would be attending a variety of
group work sessions with Seward Bear Creek Flood Board, Parks & Recreation Department, and
Trout Unlimited Alaska. On another topic, Bringhurst said there were many requests for the city
to change the building height restrictions to accommodate 3-story buildings.
The commission discussed the path forward to update the Comprehensive Plan.
Motion Passed Unanimous
Other New Business Items
Discuss work session topic for January 23, 2024
The commission noted that their next Work Session would be to discuss the amended and
postponed Resolution 2024-004. The secondary topic would be signage.
INFORMATIONAL ITEMS AND REPORTS
City of Seward,Alaska Planning&Zoning Commission Meeting Minutes
January 9, 2024 Volume 8,Page
1) Work Session on Tuesday, January 23, 2024 at 6:00 p.m.
2) Regular Meeting on Tuesday, February 6, 2024 at 7:00 p.m.
CITIZEN COMMENTS—None
COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO
CITIZEN COMMENTS
Ulman thanked everyone for attending the meeting tonight. He enjoyed public
participation and it was important for the commission to hear these viewpoints.Ulman hoped there
would be a good public turnout at the next work session.
Hornseth thanked everyone for coming. He said it was nice to be back after the holiday
break.
Charbonneau thanked the administration for all their hard work and said hello to the new
staff members in attendance.
Sullivan thanked the commission for tackling these complicated topics. Not everyone
would be pleased with the final decisions, but the commission made an effort to consider all
viewpoints. Sullivan thanked city administration and the clerk's office for their assistance and
response to her questions.
Bringhurst thanked everyone for attending tonight and thanked the commission for
delving into the public hearing items. She anticipated a lot of public interest in the planned unit
development on Nash Road. Bringhurst noted the P&Z packets were now available on the city
website and she was looking for other ways to increase public awareness of P&Z meetings.
City Clerk Kris Peck echoed Bringhurst's comments about ramping up the city website
in the wake of losing the Seward Journal. Also currently in the works was a subscription-based
email service for receiving news and updates on city council, city departments and many other city
related topics.
ADJOURNMENT
The meeting was adjourned at 8:35 p.m.
Jodi Kurtz Clare Sullivan
Deputy City Clerk Chair
(City Seal)
8
Planning and Zoning Agenda Statement
Meeting Date: February 6, 2024
To: Planning and Zoning Commission
Through: Courtney Bringhurst, Acting Community Development Director
From: Applicant
Agenda Item: Resolution 2024-004: Granting a Conditional Use Permit to
Resurrection Bay Investments LLC to Implement a Planned Unit
Development, Including the Development of Streets, Utilities,
Dwellings, and Residential Docks, on Lots 1-11 and Tracts B-D,
Mount Alice Estates Planned Unit Development, Phase 1; Within a
Multi-Family Residential (R3) Zoning District
Background and justification:
Attached for the Commission's review is a Conditional Use Permit (CUP) application submitted
by Ken and Jonathon Lang on behalf of Resurrection Bay Investments LLC for a planned unit
development on a portion of the property currently located at 1303 Nash Road. According to the
land uses allowed table in Title 15.10.226,a planned unit development is allowed with an approved
conditional use permit in a multi-family residential zoning district (R3).
The planned unit development would be implemented on Lots 1-11 and Tracts B-D, designated by
the preliminary plat for Mount Alice Estates Planned Unit Development, Phase 1. As defined in
Seward city code, a planned unit development is "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 by individually permitted."
Since access to city water and sewer are not within reasonable distance to this subdivision, a
conditional use permit for a planned unit development has been required in order to allow the
developer to install private wells and septic on each lot. The subdivision agreement, which is
required with the creation of the subdivision, will detail the specific installation requirements the
developer must comply with for the wells and septic. Roads will be constructed according to city
requirements but will be gated and privately maintained. Electricity will be installed according to
city requirements.
The developer has also requested that this CUP grant the future property owners within the
subdivision permission to construct private, residential docks. Private, residential docks are not
currently listed within the land uses allowed table within code and would thus require a conditional
use permit. Under the definition of a planned unit development, the development may include
"other site features and improvements some of which may not otherwise be individually
permitted." The granting of this CUP would allow the construction of private,residential docks in
accordance with the requirements outlined in this CUP as well as any other requirements by local,
state or national authorities.
9
The applicant has complied with all the public hearing requirements of Seward city code
§15.01.040.
Surrounding Land Use and Zoning:
Development Requirements: All development within this planned unit development will comply
with Seward city code.
Surrounding Land Use: The north, east, and south sides of the property are zoned Resource
Management, vacant, and owned by the State of Alaska or the City of Seward. Tidelands are
located to the west, and to the northwest is located Industrial zoned property and an excavation
business.
Floodplain Status: The southern portion of Tract B and the western edges of Lots 5-11 and Tract
C, all south of Nash Road, are located within a mapped FEMA flood zone (VE). A VE designated
flood zone is a coastal area with a 1% or greater chance of flooding and an additional hazard
associated with storm surges. These areas have a 26% chance of flooding over the life of a 30-year
mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals
within these zones. There is sufficient space on all these parcels to place development outside of
the flood zone. However, any development occurring within the flood zone will require additional
pennitting.
Utilities: The developer is planning on installing wells and on-site sewage disposal systems. The
developer will work with the Electric department to appropriately connect the subdivision to
electric lines.
Parking: Any businesses or residences built within the planned unit development will be required
to meet the parking requirements in Title 15.10.215.
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 Civil engineering for the sites
10
and structures
Fire Department Roads need to meet Borough
standards for width,
turnarounds, and access for
emergency vehicles
Public Works Roads should be built to current
Department standards in code
Harbor Department Tidelands need to be platted
into a separate parcel and a
lease agreement established
with the City before private
docks can be constructed
Police Department X
Electric Department X
Telecommunications X
Public Comment
Property owners within three hundred (300) feet of the proposed Conditional Use Permit 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.
Recommended Conditions
I. The applicant shall work with the Building Official through the building permit process for
the construction of all structures within the planned unit development.
a. Civil engineering shall be required for the sites themselves as well as the proposed
structures to be built before a building permit will be issued.
2. All buildings shall install a fire suppression system adequate for the use of the building
(i.e. a residential building would require a residential grade fire suppression system).
3. The surveyor shall submit the results of the ground water testing to the City prior to the
approval of a subdivision agreement.
4. The installation of all utilities, including wells and septic must comply with the
requirements outlined in the subdivision agreement.
5. The individual property owners within the planned unit development will be responsible
for the maintenance and upkeep of the private road.
6. Access to the gated,private road must be given to the Fire Chief and Police Chief.
7. All roads shall meet borough standards for width, turnarounds, and access for emergency
vehicles.
8. Construction of private, residential docks will require:
a. The portion of the tidelands being used for the docks must be platted into a separate
parcel.
b. A lease agreement between the city and the property owners must be approved by
the Harbor Master and City Council.
c. A building permit must be obtained, and engineered plans for the docks must be
submitted to the Building Official.
11
d. A floodplain permit must be obtained.
e. All other requirements by local, state, or national authorities must be met.
9. Per Seward City Code §15.10.325(f). an approved CUP shall lapse six months from the
date of approval if the use for which the permit was issued has not been implemented, a
building permit obtained, or other definitive steps taken to begin implementation of the
planned unit development. The Commission may grant a six-month extension upon finding
that circumstances have not changed sufficiently since the date of initial permit approval.
10. Modification of final approval of a conditional use permit may, upon application by the
permitee,be modified by the Planning and Zoning Commission:
a. When changed conditions cause the conditional use to no longer conform to the
standards for its approval.
b. To implement a different development plan conforming to the standards for its
approval.
c. The modification plan shall be subject to a public hearing and a filing fee set by
City Council Resolution.
Recommendation
Commission approve Resolution 2024-004, granting a conditional use permit to Resurrection Bay
Investments LLC to implement a planned unit development, including the development of streets,
utilities, dwellings, and residential docks, on Lots 1-11 and Tracts B-D, Mount Alice Estates
Planned Unit Development, Phase 1; within a multi-family residential (R3) zoning district.
12
Sponsored by: Applicant
Public Hearing: January 9, 2024
Postponed: January 9, 2024
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2024-004
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE
PERMIT TO RESURRECTION BAY INVESTMENTS LLC TO
IMPLEMENT A PLANNED UNIT DEVELOPMENT, INCLUDING THE
DEVELOPMENT OF STREETS, UTILITIES, DWELLINGS, AND
RESIDENTIAL DOCKS, ON LOTS 1-11 AND TRACTS B-D, MOUNT
ALICE ESTATES PLANNED UNIT DEVELOPMENT, PHASE 1; WITHIN
A MULTI-FAMILY RESIDENTIAL(R3) ZONING DISTRICT
WHEREAS, Ken and Jonathon Lang have submitted a conditional use permit application
on behalf of Resurrection Bay Investments LLC for the construction of a planned unit development
on lots 1-11 and tracts B-D located within the Mount Alice Estates Planned Unit Development,
Phase 1 preliminary plat; and
WHEREAS,a planned unit development is"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 by individually permitted"; and
WHEREAS, a planned unit development is allowed in a multi-family(R3) zoning district
with an approved conditional use permit; and
WHEREAS, access to city water and sewer are not within reasonable distance to this
subdivision; and
WHEREAS, a conditional use permit for a planned unit development has been required in
order to allow the developer to install private wells and septic on each lot; and
WHEREAS, the road within the planned unit development will be gated and privately
maintained; and
WHEREAS, all utility and infrastructure development with the planned unit development
will abide by the requirements detailed in the subdivision agreement; and
WHEREAS,the developer has requested permission to construct private,residential docks
in the tidelands to the west of the planned unit development; and
13
CITY OF SEWARD,ALASKA
RESOLUTION 2024-004
WHEREAS,private,residential docks are not currently listed within the land uses allowed
table within code and would thus require a conditional use permit; and
WHEREAS, a planned unit development may include "other site features and
improvements some of which may not otherwise be individually permitted."
WHEREAS, this CUP would allow the construction of private, residential docks in
accordance with the requirements outlined in this CUP as well as any other requirements by local,
state or national authorities; and
WHEREAS, city staff have met multiple times to discuss this project, and have provided
input on what should be required in order to ensure that the development meets city code; and
WHEREAS, the applicant has complied with all the public hearing requirements of
Seward city code §15.01.040.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission,that:
Section 1.According to SCC 15.10.320.D., the Commission shall establish a finding that
the use satisfies the following conditions prior to granting a conditional use permit:
A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and
the purposes of the zoning district.
Finding: According to the Land Use Allowed Table, §15.10.226, a planned unit
development is allowed within a multi-family (R3) zoning district with an approved
conditional use permit.
B. The value of adjoining property will not be significantly impaired.
Finding: This condition has been met. The proposed use is congruent to the
surrounding land uses. Currently the land is vacant and offers very little value to the
adjoining properties except in its potential to be developed. The proposed construction
on this parcel will add value to the adjoining properties by providing additional
residences to the City of Seward, and encouraging the further development of the land
to the north and south.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This condition has been met. The proposal is in harmony with the Seward
2030 Comprehensive Plan (2017) and Strategic Plan (1999)
Seward Comprehensive Plan (approved by Council,May 30, 2017)
Vol 1, Chapter 3.2.1 —Promote residential and commercial development within the
city of Seward and its vicinity in accordance with community values.
14
CITY OF SEWARD,ALASKA
RESOLUTION 2024-004
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.L I — Support a range of housing choices that meet the needs of
people in various income and age groups
Strategic Plan (1999)
"Develop infrastructure expansion plans for currently undeveloped residential and
commercial property" (Page 5 & 10).
"Encourage construction of residential and seasonal housing at all market levels"
(Page 9)
D. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been met.All public services and facilities will be installed
according to requirements established in a subdivision agreement that will be signed
by the developer.
E. The proposed use will not be harniful to the public safety, health or welfare.
Finding: This condition has been met. All construction will require a building permit
and will abide by International Fire Code and International Building Code. Access to
the private, gated community will be granted to the Police and Fire Chief in order to
provide emergency services in a timely manner. All buildings will be required to install
a fire suppression system to allow adequate time for occupants to evacuate a building
in the case of a fire due to distance from the fire station and lack of fire hydrants within
the community.
F. Any and all specific conditions deemed necessary by the commission to fulfill the
above-mentioned conditions shall be met by the applicant. These may include but
are not limited to measures relative to access, screening, site development, building
design, operation of the use, and other similar aspects related to the proposed use.
Based on the above findings and conclusions, approval of the CUP shall be subject to the
following conditions:
1. The applicant shall work with the Building Official through the building permit process for
the construction of all structures within the planned unit development.
a. Civil engineering shall be required for the sites themselves as well as the proposed
structures to be built before a building permit will be issued.
15
CITY OF SEWARD,ALASKA
RESOLUTION 2024-004
2. All buildings shall install a fire suppression system adequate for the use of the building
(i.e. a residential building would require a residential grade fire suppression system).
3. The surveyor shall submit the results of the ground water testing to the City prior to the
approval of a subdivision agreement.
4. The installation of all utilities, including wells and septic must comply with the
requirements outlined in the subdivision agreement.
5. The individual property owners within the planned unit development will be responsible
for the maintenance and upkeep of the private road.
6. Access to the gated,private road must be given to the Fire Chief and Police Chief
7. All roads shall meet borough standards for width, turnarounds, and access for emergency
vehicles.
8. Construction of private, residential docks will require:
a. The portion of the tidelands being used for the docks must be platted into a separate
parcel.
b. A lease agreement between the city and the property owners must be approved by
the Harbor Master and City Council.
c. A building permit must be obtained, and engineered plans for the docks must be
submitted to the Building Official.
d. A floodplain permit must be obtained.
e. All other requirements by local, state, or national authorities must be met.
9. Per Seward City Code §15.10.325(f). an approved CUP shall lapse six months from the
date of approval if the use for which the permit was issued has not been implemented, a
building permit obtained, or other definitive steps taken to begin implementation of the
planned unit development. The Commission may grant a six-month extension upon finding
that circumstances have not changed sufficiently since the date of initial permit approval.
10. Modification of final approval of a conditional use permit may, upon application by the
permitee, be modified by the Planning and Zoning Commission:
a. When changed conditions cause the conditional use to no longer conform to the
standards for its approval.
b. To implement a different development plan conforming to the standards for its
approval.
c. The modification plan shall be subject to a public hearing and a filing fee set by
City Council Resolution.
Section 2. The Planning and Zoning Commission finds that the proposed use, subject to
the above conditions satisfies the criteria for granting a conditional use permit provided the
conditions listed on Section 1, Subsections A through F are met by the applicant, and authorizes
the administration to issue a conditional use permit to Resurrection Bay Investments LLC to
implement a Planned Unit Development on Lots 1-11 and Tracts B-D, Mount Alice Estates
Planned Unit Development, Phase 1; within a multi-family residential zoning district.
Section 3. The Planning and Zoning Commission finds that adherence to the conditions of
this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320:
16
CITY OF SEWARD,ALASKA
RESOLUTION 2024-004
Conditional Use Permits and authorizes the administration to issue a conditional use permit.
Additionally,the administration shall periodically confirm the use conforms to the standards of its
approval. Nonconformance to these above stated conditions shall be grounds for revolving the
Conditional Use Permit.
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6"day
of February, 2024.
THE CITY OF SEWARD,ALASKA
Clare Sullivan, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Kris Peck
City Clerk
(City Seal)
17
DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977
CITY OF SEWARD Community Development
P.0.Box 167
410 Adams Street 907.224.4048-Director
Sex,vard,Alaska 99664 907.224.4020- Planner
907.224.4049- Plauininb Assistant
CONDITIONAL USE PERMIT APPLICATION
This completed application is to be submitted to the Community Development Department no later than
six (6)weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting.
Regular meetings are held the first Tuesday of each month. The application must be accompanied by
the $330 nonrefundable filing fee. In addition, please provide an as-built survey if the property has been
developed or a scaled site plan with elevations if the property is undeveloped.
Applicant: Resurrection Bay, LLC; Iris Darling, Manager
Address: P.O. Box 149, Seward, Alaska 99664
Telephone Number: (907) 205-1475 Email: irisdarling@hotmail.com
Property Owner(if other than applicant):
Address:
Telephone Number: Email:
Property Description
Address: 1303 Nash Road Lot size: 30.90 Acres
Lot: Block: Subdivision: Mount Alice Estates (proposed)
Kenai Peninsula Borough Tax Parcel ID Number: a portion of 14517007
Development Information
What structures are on the property? None
How is the property being used? Vacant
What is the proposed use of the property? Residential with water access
What is the development timeline?Build-out of Phase I within the next 5 years.
Please note that prior to the Seward Planning and Zoning Commission granting a Conditional Use
Permit, it shall be established that the proposed use satisfies the following conditions of Seward
City Code 15.10.320 (See the attached pages for specific City Code requirements)
18
DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977
A) The proposed use is consistent with the requirements of the Seward Zoning Code and the
designated zoning district. Please describe the use. Multi- Family Residential (R3)
See the attached narrative.
B) Describe any impacts to the adjoining properties and how property values may be affected.
See the attaehed marratove.
C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can
view the plan at: http://www.citvofseward.us/
D) Describe/list the public services and facilities that will serve the proposed use. (i.e., roads,
utilities.)
None.
E) The proposed project or use must not be harmful to the public health, safety and welfare.
Describe any mitigation measures that may be needed to protect the public health, safety and
welfare.
F) Include building elevation plans and a site plan, drawn to scale. The site plan should include:
1) Property dimensions ❑�
2) Location and dimensions of existing and planned buildings
3) Parking configuration
4) Driveways and access
5) Natural features
6) Other pertinent information ❑✓
19
DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977
I hereby certify that the above statements and other information submitted are true and accurate
to the best of my knowledge and that I have the following legal interest in the property:
Owner of record
I understand that this item will be scheduled for action only if all application materials are
submitted not less than three weeks in advance of the next regularly scheduled Planning and
Zoning Commission meeting. Regular meetings are held the first Tuesday of every month.
DocuSigned by:
Applicant Signature:
Property Owner Signature: dMQ
Enclosed:
$330 Payment
Dimensioned plot plan /drawings
Other:
20
Lang & soc' tes, inc.
Registered Pr sional La d Surveyors
11500 Daryl Avenue
Anchorage,Alaska 515-304
a
(907)522-6476
1 an surve v.co
Boa t an clan surve .co�
travis@langsurvey.com
Mount Alice Estates Mount Alice Estates Planned Unit Development, Phase 1
09 November 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, and a
conditional use en rmit for a planned unit development with a private roadway.
Overview
The contiguously owned
property is 107.2 acres bisected
by Nash Road. Mount Alice
Estates, Phase I is a planned unit
development with 11 lots, and 3
tracts, with a private roadway
tract south of Nash Road; and a �
single tract, north of Nash Road,
reserved for future development.
There is also another 80 acres
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 a subsequent
phase of development.
21
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).
r
47 , Sewerd0tyLimits
x ,
Zoning0rhir e
Rural Residential
Single Family Residentia4
Two Fam7iy Resldental
Mult;Family Residential
'- m •`'. L Urban Residential
✓' Office Res dental
or
i Harbor Commercial
THIS
Ix f Auto Commercial
PROJECT
a - Central Business D strict
Industral
I nstitutiona I
: Park
Resource Management
Rezone
Through this action we propose to rezone the property from Resource Management(RM) to Multi-
family Residential District(R3). R3 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. 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).
Page 2 of 5
22
Subdivision
The proposed subdivision is 11 lots, 4 tracts, and 1 private roadway tract.
Tract A is reserved for future
development. Tract B is intended
for a residential condominium.
Tracts C and D could be developed
as condominiums or as apartments \
or other larger residential Trout A
structures. Lots 1 through 11 are
intended for residential use.
Eagle Run Circle will be an access Tract e
tract, owned and maintained by the m"" LM t
home owner's association of the
proposed Planned Unit
Lot t t Lot Z
Development. et,,a, , Baas+.�.
Lot 10 n
.eeu
All lots south of Nash Road are
Lot 9
intended to have water access. '°.'n .
Lot
Lot 4
Conditional Use Permit Lat ,
The conditional use permit for a Tract o
Lot 4
Planned Unit Development will
allow a gated private road for .m,
Mount Alice Estates Planned Unit
Development.
Tract C
The conditional use permit will
allow for 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
Page 3 of 5
23
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.
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.
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.
Page 4 of 5
24
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 housingthrough hrough appropriate 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
rg oups.
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 BaX The proposed
development does not significantly impact to the slopes of Mt. Alice.
3.9.2.3 Preserve the quiet of residential neighborhoods.
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 5 of 5
25
CITY OF SEWARD, ALASKA
AFFIDAVIT OF MAILING
PUBLIC HEARING NOTICE
& v,5 L-sfi , upon oath, deposes and states:
That she is employed in the Community Development Office of the City of
Seward, Alaska; and that on ; ec /8 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 -lk- day of 1 2023.
26
AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
un" A 1, C L , hereby certify that I have posted a
Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 for the
property located at 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, the owners of which have petitioned for a
Public Hearing for a Conditional Use Permit to develop a Planned Unit
Development which will include the private development of streets, utilities
and residential docks within a Multi-Family Residential (R3) Zoning District
The notice was posted on G� ) , which is 3'U
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 QV(ml"r2023.
Signature
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