HomeMy WebLinkAboutRES2024-010 City Code 15.10.226Sponsored by: Staff
Public Hearing: May 7, 2024
I CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2024-010
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OE
THE CITY OE SEWARD, ALASKA, RECOMMENDING THE CITY
COUNCIL AMEND SEWARD CITY CODE 15.10.226 - LAND USES
ALLOWED TABLE, PROHIBITING CLUSTER SUBDIVISIONS IN ALL
ZONING DISTRICTS
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, 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 a work session on April 2, 2024,
to review the use and regulation of Planned Unit Developments in city code; and
WHEREAS, during that work session. Cluster Subdivisions were also discussed as they
are a type of a Planned Unit Development; and
WHEREAS, the definition of a Cluster Subdivision is, “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”; and
WHEREAS, Cluster subdivisions are currently allowed in single-family, two-family, and
multi-family residential zoning districts with an approved conditional use permit; and
WHEREAS, there are no Cluster Subdivisions in the city; and
I
WHEREAS, the Commission voiced that they supported the eurrent minimum lot size
requirements in city code for each of those zoning districts, and would not want lot sizes to be any
smaller; and
WHEREAS, future developments will still be able to set aside land for recreation, common
open space and preservation of environmentally sensitive areas as long as the lot sizes meet the
development requirements specified for the zoning district in which the land is being developed;
and
I NOW, THEREEORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission, that:
CITY OF SEWARD, ALASKA
RESOLUTION 2024-010 I
Section 1. The Commission recommends Ordinance 2024-XXX attached and incorporated
herein by referenee, be forwarded to 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 7^'’ day
of May, 2024.
THE CITY OF SEWARD, ALASKA
CAaA-^
Carol Griswold, Chair
Hubbard, Charbonneau, Hornseth, GriswoldAYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
Verhey, Ulman
IOne
ATTEST:
Kris Peck
City Clerk
(City Seal)
'**tuil»**'
I
Planning and Zoning Agenda Statement
Meeting Date: May 7, 2024
To: Planning and Zoning Commission
Through: Daniel Meuninck, Community Development Director
From: Courtney Bringhurst, Planner
Subject: Resolution 2024-010: Recommending the City Council Amend Seward
City Code 15.10.226 – Land Uses Allowed Table, Prohibiting Cluster
Subdivisions in all Zoning Districts
Background and justification:
On April 2, 2024, Community Development held public work sessions with the Planning and
Zoning Commission to discuss Planned Unit Developments and to determine if any specific
regulations should be incorporated into city code. As part of the discussion, Cluster Subdivisions
were brought up since they are a form of a Planned Unit Development.
The definition of a cluster subdivision is, “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”.
Currently our city code allows cluster subdivisions to be built in single-family, two-family, and
multi-family residential zoning districts with an approved conditional use permit. The Planning
and Zoning Commission supports the current minimum lot size requirements in city code for
each of these zoning districts and does not want to allow lot sizes to be any smaller.
Prohibiting cluster subdivisions would not restrict future developments to be able to set aside
land for recreation, common open space and preservation of environmentally sensitive areas, it
would simply mean that any such dedications would have to be done according to the current
lot size requirements in city code.
The effect of this legislation would be to prohibit cluster subdivisions in all zoning districts
within the City of Seward.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: Vol 1, 2.2.8 “Continue to review and update the city code.”
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Vol 1, 3.2.1.1 “Manage land use to facilitate economic development while
maintaining the historic, small town character of Seward.”
Strategic Plan:
Other: SCC 15.01.035(A) & SCC 15.01.035 (B)(1b.)
Recommendation
The public notice and public hearing process has been complied with as required by
15.01.035(C)(1) and 15.010.040. If the Commission is in favor of the proposed amendment, SCC
15.01.035 gives the Commission power to provide a recommendation to City Council to amend
Seward City Code 15.10.226 – Land Uses Allowed as outlined in the attached Ordinance 2024-
XXX.
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Sponsored: Planning and Zoning
Introduction: May 28, 2024
Public Hearing: June 10, 2024
Enactment: June 10, 2024
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING
SEWARD CITY CODE 15.10.226 – LAND USES ALLOWED TABLE,
PROHIBITING CLUSTER SUBDIVISIONS IN ALL ZONING DISTRICTS
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 City Council; 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 a work session on April 2, 2024,
to review the use and regulation of Planned Unit Developments in city code; and
WHEREAS, during that work session, Cluster Subdivisions were also discussed as they
are a type of a Planned Unit Development; and
WHEREAS, the definition of a Cluster Subdivision is, “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”; and
WHEREAS, the Commission voiced that they supported the current lot size
requirements in city code for each zoning district, and would not want lot sizes to be any smaller;
and
WHEREAS, future developments will still be able to set aside land for recreation,
common open space and preservation of environmentally sensitive areas as long as the lot sizes
meet the development requirements specified for the zoning district in which the land is being
developed; and
WHEREAS, on May 7, 2024 the Planning and Zoning Commission approved Resolution
2024-0XX recommending City Council amend Title 15.10.226, prohibiting cluster subdivisions in
all zoning districts on the land uses allowed table.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. 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):
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
TABLE
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR = Rural, very low density single-family residential
R1 = Single-family, low density residential
R2 = Single and two-family, medium density residential
R3 = Single, two and multi-family, high density residential
UR = Urban residential, a mix of residential uses and low impact home professional
offices
OR = Office residential
AC = Auto and neighborhood oriented, light commercial
HC = Harbor commercial
CB = Central business district - dense downtown commercial
I = Industrial
RM = Resource management - partially developable lands subject to floodplains and
steep slopes
INS = Institutional, public, quasi-public uses
P = Parks
Table 15.10.226. Land Uses Allowed
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 O O O O O O O
Adult entertainment INTENTIONALLY LEFT BLANK
Agency, i.e., travel,
insurance, title, real
estate, etc.
O O O O O
13
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Agriculture O
Airport and related
services
O C
Amusement or
recreation facility
O O O
Animal shelter O C C
Antenna, personal
TV, satellite dish
O O O O O O O O O O O O
Art gallery O O O O O
Assemblages,
temporary large, i.e.,
circus, fair
P P P P P P P
Attraction, permanent
major visitor
C C C C C
Auditorium O O O
Auto repair, i.e.,
mechanic, glass
body, upholstery
C O
Auto service/gas
station
O O O
Auto/RV sales and
rentals
O O O
Boat sales O O O
Boat, commercial
building/fabrication
O O
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, gravel,
sand, asphalt
C C
Business, marine
retail sales and
service
O O O O C
Business, package
liquor
O O O
Business, retail sales
and service
O O O O
Business, retail sales
and service, industrial
O
14
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Campground,
municipal
C/P C/P C/P C/P
Campground, camper
park, private
C/P C/P C/P
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,
fraternal/lodges/socia
l/ veterans
C O O C
Cluster subdivision C C C
Cluster subdivision INTENTIONALLY LEFT BLANK
Commercial
Communications
tower less than 16
feet diameter or 75
feet in height
C C C C C C
Commercial
Communications
tower 16 feet
diameter or greater
than 75 feet in height
C C C
Correctional/prison
facility
C C C C
Crematory O
Docks/wharves,
industrial cargo
O O C C
Dock, passenger O O O C O
15
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Drinking
establishment, i.e.,
bar, nightclub, lounge
C C C
Drive-in facility—
Fast food, banking,
etc.
C C C C C
Dwelling, apartment
in a commercial
building (limited to
one unit)
O O O O O C
Dwelling, apartment
in a commercial
building (two or more
units)
O O C C
Dwelling, apartment,
efficiency or
accessory
O O O O O O O
Dwelling, apartment,
studio
C C C C C C
Dwelling, attached
single-family, i.e.,
townhouse, row
C C C C C C C
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 more
units)
C C C C C C C
Dwelling, two-
family or duplex
O O O O O C C
Dwelling, watchman
or caretaker
O C
Emergency services,
pub/vol; i.e., fire,
ambulance, rescue
C C C C C C O C O O C O
Financial institution,
i.e., bank, S&L
C O O
Flea market, open air
retail other than
occasional
C C C
Fuels, bulk storage
and sales
C
16
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Golf course O O C
Golf driving range O O O O C
Greenhouse/nursery
—Commercial
O O O
Grocery,
convenience store
C C C O O O O
Grocery,
supermarket,
foodmart
O O
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 O O
Housing, nursing,
retirement,
convalescent
C C C
Kennel, commercial,
musher or fancier
INTENTIONALLY LEFT BLANK
Laundry, dry
cleaning
O C O O
Library O O O O
Livestock, excluding
chickens and rabbits
P P
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, assembly
C C O
17
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Merchant, transient O O O O
Mobile home park C/P
Mobile home,
residential, not in
park
INTENTIONALLY LEFT BLANK
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-
government
administration
O O O O O O O
Office,
mobile/temporary on
construction site
P P P P P P P P P P P P P
Office, home,
professional
O O O O O
Parking lot C C O O O O O O O O
Personal services,
i.e., beauty, shoe,
tailor
O O O O
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,
i.e., bowling, skating
O O O C
Recreation, outdoor,
i.e., miniature golf
O C C C
Recreation, shooting
range
C C C
18
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Recycling center C C O C
Recycling, self-
service drop-off point
O O O O O O O O
Rental, Long-term O O O O O O O O O O C C
Repair service, i.e.,
large appliance
C C O
Resource extraction,
commercial
subsurface, i.e.,
mining
C C C
Resource extraction,
commercial surface,
i.e., gravel
C C C
Resource extraction,
commercial timber
harvesting
C C
Restaurant, food
service, catering,
brew pub
O O O O O C
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,
junkyard
C
Sawmill or
lumbermill
C C
School, college C C C
School,
public/private
elementary/secondary
C C C C C C C C C
School, vocational C O O C O C
Seafood processing,
i.e., canning,
rendering
C C C C
Shop, i.e., welding,
sheetmetal, machine,
steel fab.
C C O
Shop, i.e., wood,
signs, cabinet,
upholstery
C C O C O
Shopping center
(mall)
C C
19
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
Solid waste disposal,
i.e., baler, transfer,
landfill
C C C
Storage, container P P P P O P
Storage, explosives P
Storage, outdoor,
yard,
material/equipment
C O O C
Storage, self service O O O O
Storage, warehouse
and distribution
O O O C C
Studio,
radio/television
C O O O O C
Tanks, aboveground
associated with
service station
C C O
Taxidermy O O O O O
Terminal, i.e., bus,
truck, freight
O C O C
Terminal,
marine/boat
passenger
O C O O C
Theater, concert,
movie
O O
Tool/equipment
rental
O O
Temporary structure P P P P P P P P P P
Utility facility,
public electric, water,
sewer, etc.
C C C C C C O O O O O O
Vehicle impound lot O O
Vending machine
repair, storage
O O C
Veterinary hospital C C C
Section 2. This ordinance shall take effect immediately upon adoption.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the
10th day of June, 2024.
20
CITY OF SEWARD, ALASKA
ORDINANCE 2024-XXX
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Kris Peck
City Clerk
(City Seal)
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