HomeMy WebLinkAboutORD2024-009 Cluster SubdivsionsSponsored: Sorensen
Introduction: May 28, 2024
Public Hearing: June 10, 2024
Postponed: June 10, 2024
Enactment: July 8, 2024
I
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
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
I 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
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 development^,will still be able to set aside land for recreation, common
open space and preservation of environmentally seitsltive 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 WHEREAS, on May 7, 202^ th6'Planning and Zoning Commission approved Resolution
2024-010 recommending City Council amend Title 15.10.226, prohibiting cluster subdivisions in
all zoning districts on the land uses allowed table.
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Page 2 of 10 I
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):
TABLE
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
Rural, very low density single-family residential
Single-family, low density residential
RR =
R1 =
Single and two-family, medium density residential
Single, two and multi-family, high density residential
Urban residential, a mix of residential uses and low impact home professional
offiees
R2 =
R3 =
UR =
I
OR =Office residential
Auto and neighborhood oriented, light commercial
Harbor commercial
AC =
HC =
Central business district - dense downtown commercialCB =
Industrial1 =
Resource management - partially developable lands subject to floodplains and
steep slopes
Institutional, public, quasi-publie uses
Parks
RM =
INS =
P =
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
I
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Page 3 of 10I
Principally Commercial Principally PublicPrincipally ResidentialZoning Districts
HC CB I RM INS PR2R3URORACRRR1Uses
O OoooooooAccessory building O O O O
Adult entertainment INTENTIONALLY LEFT BLANK
O O OAgency, i.e., travel,
insurance, title, real
estate, etc.
O O
oAgriculture
O CAirport and related
services
O OoAmusement or
recreation facility
Animal shelter O C C
I
O o o o o o oAntenna, personal
TV, satellite dish
O O O O O
O O O O OArt gallery
PAssemblages,
temporary large, i.e.,
circus, fair
P P P P P P
C C C C CAttraction, permanent
major visitor
Auditorium O OO
C OAuto repair, i.e.,
mechanic, glass
body, upholstery
Auto service/gas
station
O O O
Auto/RV sales and
rentals
O O O
O O OBoat sales
OBoat, commercial
building/fabrication
Boat, harbor/marina
O
C C C C C
I cBoat, repair and
maintenance
O O O
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Page 4 of 10 I
Boat, storage
commercial
O O O C
Bulk material, i.e.,
concrete, gravel,
sand, asphalt
Business, marine
retail sales and
service
C C
o o o o c
Business, package
liquor
Business, retail sales
and service
O O o
o o o o
Business, retail sales
and service, industrial
O
Campground,
municipal
Campground, camper
park, private
Campground,
employee
Car/boat wash
C/P C/P C/P C/P
C/P C/P C/P
C/P
IOoo
c oCemeteryO
o c cCenter,
community/civic
Center, mariner's
O
O O O o
c c c o o c cCenter, senior or
teen
Child care, licensed
center
C O o o cc
Child care, licensed
home
O O O OOOOOO
O OChurchCCccccoo
o oClinic, medical O O O
C O O cClubs,
fraternal/lodges/socia
1/ veterans
Cluster subdivision G G-G
ICluster subdivision INTENTIONALLY LEFT BLANK
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Page 5 of 10I
Commercial
Communications
tower less than 16
feet diameter or 75
feet in height
Commercial
Communications
tower 16 feet
C C c c c c
c c c
diameter or greater
than 75 feet in height
C C c cCorrectional/prison
facility
OCrematory
Docks/wharves,
industrial cargo
Dock, passenger
O O C C
o o o c o
Drinking
establishment, i.e.,
bar, nightclub, lounge
Drive-in facility—
Fast food, banking.
C C c
I c c c c c
etc.
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
c c c c cDwelling, apartment,
studio
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
Dwelling, group
home
O O O O O O O C C
I coooooo
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Page 6 of 10 I
CODwelling, guest
house
O
C C C C C C CDwelling, multi
family (3 or more
units)
CDwelling, two-
family or duplex
Dwelling, watchman
or caretaker
O O O O O C
O C
o o c oEmergency services,
pub/vol; i.e., fire,
ambulance, rescue
C C c c c c o c
c o oFinancial institution,
i.e., bank, S&L
CFlea market, open air
retail other than
occasional
C C
cFuels, bulk storage
and sales
CooGolf course
ICooooGolf driving range
O OGreenhouse/nursery
—Commercial
O
O O OGrocery,
convenience store
C C c o
oGrocery,
supermarket,
foodmart
O
C O O OHealth club C
oHome occupation O O O O O O O O O
CCHospital
CCcHousing, bunkhouse
OHousing, dormitory O
CHousing, nursing,
retirement,
convalescent
C C
IKennel, commercial,
musher or fancier
INTENTIONALLY LEFT BLANK
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Page 7 of 10I
O c o oLaundry, dry
cleaning
Library O OOO
PLivestock, excluding
chickens and rabbits
P
P PLivestock, chickens
and rabbits
P P P P P P P
H/P H/P H/P O/P O/P O/P O/PLodging, B&B H/P H/P
Lodging, hostel P P P P P P
CLodging, hotel,
motel, lodge, inn
Lodging, short-term
rental
C O c
p pH/P H/P H/P H/P H/P P P
CcoLumber
yard/building supply
Manufacturing—
noxious, heavy
Manufacturing, light
fabrication, assembly
Merchant, transient
C
I c c o
o o o o
c/pMobile home park
Mobile home,
residential, not in
park
Mobile home sales
INTENTIONALLY LEFT BLANK
OO
O O OMobile medical unit
Mobile vendor P P P P P P P PPPP
Mortuary/funeral
home
O O O
O O O OMuseumCo
o cOffice, boat charter,
guide
Office, business or
professional
Office,
government/quasi-
O O O O
O O OOO
I o o o o o o o
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Page 8 of 10 I
government
administration
Office,
mobile/temporary on
construction site
P P P P P PPPPPPPP
Office, home,
professional
Parking lot
O O O O O
O O OCCOOOOO
o o o oPersonal services,
i.e., beauty, shoe,
tailor
Planned unit
development
Playground, public
tot lot
C C c c c c
o o ooooooooo
c c cRailroadC
o o o cRecreation,
commercial indoor,
i.e., bowling, skating
Recreation, outdoor,
i.e., miniature golf
Recreation, shooting
range
Recycling center
ICCoc
c cc
c o cc
o o o o o oRecycling, self-
service drop-off point
Rental, Long-term
O O
O O C COOOOOOOO
C C ORepair service, i.e.,
large appliance
Resource extraction,
commercial
subsurface, i.e.,
mining
Resource extraction,
commercial surface,
i.e., gravel
Resource extraction,
commercial timber
harvesting
Restaurant, food
service, catering,
brew pub
C C c
c c c
cc
Iocoooo
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Page 9 of 10I
0/P 0/P O/P O/PRooming or
boarding house
Roving Vendor P P P P PPPPPPP
CSalvage—auto,
wrecking, scrap,
junkyard
Sawmill or
lumbermill
C C
c cSchool, college C
c c cSchool,
public/private
elementary/secondary
School, vocational
C C c c c c
ccooco
c cSeafood processing.C c
i.e., canning,
rendering
I
Shop, i.e., welding,
sheetmetal, machine.
C C o
steel fab.
OShop, i.e., wood,
signs, cabinet,
upholstery
Shopping center
(mall)
C C o c
cc
c c cSolid waste disposal,
i.e., baler, transfer,
landfill
Storage, container P P P P O P
Storage, explosives P
O O cStorage, outdoor,
yard,
material/equipment
Storage, self service
C
O ooo
c cStorage, warehouse
and distribution
O O O
O O CStudio,
radio/television
C o o
I Tanks, aboveground
associated with
service station
C C o
CITY OF SEWARD, ALASKA
ORDINANCE 2024-009
Page 10 of 10 I
Taxidermy O O O O O
C O CTerminal, i.e., bus,
truck, freight
Terminal,
marine/boat
passenger
Theater, concert,
movie
O
C O o co
o o
Tool/equipment
rental
O O
P P P P P P P PTemporary structure P P
O OUtility facility,
public electric, water,
sewer, etc.
C C c c c c o o o o
oVehicle impound lot O
CVending machine
repair, storage
Veterinary hospital
O O
Iccc
Section 2. This ordinance shall take effect ten (10) days upon enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the
8'*’ day of July, 2024.
THE CITY OF SEWARD, ALASKA
A.
Sue McClure, Mayor
Crites, Calhoon, Finch, Osenga, Barnwell, McClure
Wells
None
None
AYES;
NOES:
ABSENT:
ABSTAIN:
ATTEST:
(.( seal )• =
I \I
Kris Peck
City Clerk
(City Seal)
./ /
City Council Agenda Statement
Meeting Date: May 28, 2024
To: City Council
Through: Kat Sorensen, City Manager
From: Danny Meuninck, Community Development Director
Subject: Ordinance 2024-009, Amending 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. There are
no Cluster Subdivisions in the city currently.
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.
On May 7, 2024, the Planning and Zoning Commission approved Resolution 2024-010
recommending the City Council approve this amendment to 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.”
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.)
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
Yes Attorney Signature: /s Kody George
Not applicable Comments:
Administration Recommendation
Adopt Ordinance
Other: