HomeMy WebLinkAboutORD2024-002 Rezone Mount Alice Estates Sponsored by: Planning and Zoning Commission
Introduction Date: January 22, 2024
Public Hearing Date: February 12, 2024
Enactment Date: February 12, 2024
CITY OF SEWARD,ALASKA
ORDINANCE 2024-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING 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 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, on January 9th, 2024, the Planning and Zoning Commission approved
Resolution 2024-003 recommending the City Council approve the Land Use Amendment to rezone
Lots 1-11 and Tracts B-D, Mount Alice Estates Planned Unit Development, Phase 1 from a
resource management zoning district to a multi-family zoning district; 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
CITY OF SEWARD,ALASKA
ORDINANCE 2024-002
Page 2 of 2
WHEREAS, the public notification process was complied with and the appropriate public
hearing as required by Seward City Code §15.01.040.
NOW,THEREFORE,THE CITY OF SEWARD ORDAINS, that:
Section 1. Seward City Council hereby approves 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
Section 2.This ordinance shall take effect ten (10) days upon enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this
12th day of February 2024.
THE CITY OF SEWARD,ALASKA
vCI-ifOlc CIA
Sue McClure, Mayor
AYES: Crites, Calhoon, Finch, Osenga, Wells, Barnwell, McClure
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Kris Peck
City Clerk
'%vitrrrr/iys,
(City Seal) o%OF SE Wq4
St. :°
0_jFPot
Ordinance 2024-002
City Council Agenda Statement
9
Meeting Date: January 22,2024
To: City Council
Through: Kat Sorensen, City Manager
From: Courtney Bringhurst,Acting Community Development Director
Subject: Ordinance 2024-002: Approving the Land Use Amendment to Rezone Mount
Alice Estates Planned Unit Development, Phase 1, Lots I-II 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.
On January 9, 2024, the Planning and Zoning Commission approved Resolution 2024-002 approving the
preliminary plat creating Mount Alice Estates Planned Unit Development, Phase 1, Lots I-I I and Tracts
A-D.
The owner of Resurrection Bay Investments LLC intends to develop Lots I-I I and Tracts B-D 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 I-II 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, 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.
The Planning and Zoning Commission approved Resolution 2024-003 on January 9t1i, recommending the
City Council approve the Land Use Amendment to rezone Lots I-I I and Tracts B-D,Mount Alice Estates
Planned Unit Development,Phase I from a resource management zoning district to a multi-family zoning
district.
49
Ordinance 2024-002
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with(citation listed):
Comprehensive Plan: Vol 1, Chapter 3.2.1 — Promote residential and commercial development
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
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation(✓):
Creates revenue in the amount of: $
Creates expenditure in amount of. $
Creates a savings in the amount of: $
Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
✓ Not applicable
Fund Balance Information
Affected Fund(✓):
General SMIC Electric Wastewater
Boat Harbor Parking Water Healthcare
Motor Pool Other
Note:amounts are unaudited
Available Fund Balance $
Finance Director Signature:
Attorney Review
e✓ Yes Attorney Signature: /s Kody P. George
Not applicable Comments:
Administration Recommendation
e✓ Adopt AM
Other:
50
DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977
Ordinance 2024-002
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
53
DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977
Ordinance 2024-002
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.
54
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Ordinance 2024-002
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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 ep rmit for a planned unit development with a private roadway.
Overview
The contiguously owned
property is 107.2 acres bisected
X
by Nash Road. Mount Alice �•.,_.._.._..-�.- ..=. ._ -• a -•• =� y
Estates, Phase I is a planned unit
development with 11 lots, and 3 a' `
tracts, with a private roadway ' y�
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.
57
Ordinance 2024-002
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).
/ 5eward0tyl-irn its
J ti
zoningOnfine
lj�
Rural Resicertial
Single Family Res.dentiaG
-wo Family Residential
Y
" t lulf Fam ly Residential
M
� 1:,6an Residential
: Dffice Residential
-arbor Commercial
THIS
Aato Commere al
PROJECT
Central Business i7 strict
Industrial
Institutional
Park
J{y. 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
58
Ordinance 2024-002
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
,31,J1YF Rf.
structures. Lots 1 through 11 are
-
intended for residential use.
Eagle Run Circle will be an access Trott 0
tract, owned and maintained by the ,O ,
home owner's association of the
proposed Planned Unit
Development. . ,_
Lt 10
All lots south of Nash Road are
intended to have water access.
Lot W 4
Conditional Use Permit Lot ,
4EL.W.41
The conditional use permit for a
Planned Unit Development will
allow a gated private road for L`"
Mount Alice Estates Planned Unit
Development.
YFaat o
The conditional use permit will OMM f.
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
59
Ordinance 2024-002
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
60
Ordinance 2024-002
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.
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.
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
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