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Home My WebLink About09032024 Planning & Zoning AgendaPlanning & Zoning Commission Meeting Packet Regular Meeting Tuesday, September 3, 2024 Council Chambers, City Hall 7: 00 p.m. 1963 1965 2005 kintual All-Amenca City 1 I I.. The City of Seward, Alaska PLANNING & ZONING COMMISSION MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones and devices during the meeting Chair Carol Griswold Vice Chair Brenan Hornseth Commissioner Nathaniel Charbonneau Commissioner Vanessa Verhey Commissioner Sean Ulman Commissioner Rhonda Hubbard Commissioner Clare Sullivan Community Development Director Daniel Meuninck City Planner Courtney Bringhurst Executive Assistant Clara Brown City Clerk Kris Peck September 3, 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 under Item 7. Consent Agenda items are not considered separately unless a commissioner 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 August 6, 2024 Planning & Zoning Commission Meeting Minutes 4 8. PUBLIC HEARINGS (Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.) A. Resolutions Requiring Public Hearing Planning & Zoning Commission Meeting Agenda September 3, 2024 2 1) Resolution 2024-017, of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to Grace Group Properties 1 LLC to Construct a 42-Room Hotel on Lots 12, 13, 14 and the North'/2 of lot 15, Block 15, Original Townsite of Seward; Located at 313 and 315 Fourth Ave; Within a Central Business (CB) Zoning District 13 *This is a quasi-judicial item. Commissioners may not discuss any items pertaining to this Resolution with the applicant, other commissioners, or the public. 2) Resolution 2024-018, of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to Major Marine Tours to Construct a Second Employee Bunkhouse on Tract B, Leirer Industrial Subdivision; Located at 1804 Leirer Road; Within an Industrial (I) Zoning District 47 *This is a quasi-judicial item. Commissioners may not discuss any items pertaining to this Resolution with the applicant, other commissioners, or the public. 3) Resolution 2024-019, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of The Point Subdivision, Tract A; Located at 1823 Nash Road; Creating The Point Subdivision No. 2, Tract Al and Lots 1 & 2 66 9. UNFINISHED BUSINESS A. Resolutions - None 10. NEW BUSINESS A. Resolutions - None B. Other New Business 1) Discuss work session topic for September 17, 2024. a. Housing discussion 2) Discuss changing the date of the Planning & Zoning Commission's October work session 85 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Reminder of Meetings 1) Work session on September 17, 2024 at 6:00 pm in Council Chambers at City Hall. 2) Regular meeting on October 8, 2024 at 7:00 pm in Council Chambers at City Hall. 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 September 3, 2024 3 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 6, 2024 Volume 8, Page CALL TO ORDER The August 6, 2024 regular meeting of the Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Carol Griswold. OPENING CEREMONY Chair Carol Griswold led the Pledge of Allegiance to the flag. ROLL CALL There were present: Carol Griswold, presiding, and Brenan Hornseth Nathaniel Charbonneau Vanessa Verhey Sean Ulman Rhonda Hubbard comprising a quorum of the Commission; and Daniel Meuninck, Community Development Director Courtney Bringhurst, City Planner Clara Brown, Executive Assistant Kris Peck, City Clerk Excused — None Absent — None Vacant — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING -None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Sullivan/Charbonneau) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the July 2, 2024 Planning & Zoning Commission Meeting Minutes SPECIAL ORDERS, PRESENTATION, AND REPORTS Proclamations and Awards -None 4 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 6, 2024 Volume 8, Page City Administration Report Community Development Director Daniel Meuninck said he was excited to have a full commission with seven members. He said progress was being made on the Comprehensive Plan Update and public engagement surveys. He noted the Seward Community Library & Museum was selected as a host site for the Americans and Holocaust Exhibition. On another topic, the Kenai Peninsula Borough (KPB) was taking the lead on Hazard Mitigation Plan. Hubbard asked for an update on training for the commissioners. Meuninck said he was working on the P&Z Rules of Procedure. The consensus of the commission was to sprinkle training sessions here -and -there and also take advantage of any online training opportunities. Presentations -None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2024-016, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Amend Seward City Code 15.10.226 — Land Uses Allowed to Standardize Language and Clarify Where Marijuana Establishments are Allowed in Each Zoning District Motion (Sullivan/Charbonneau) Approve Resolution 2024-016 City Planner Courtney Bringhurst said this ordinance would strike the written verbiage and instead put the information into the Land Uses Allowed Table. Bringhurst noted how the marijuana retail store was further itemized with variations of on -site consumption. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Sullivan asked about the marijuana establishment testing facility and questioned the definition. Hubbard noted that there was nothing in code that said on -site consumption was allowed. She asked about the city regulations compared to the state regulations. Hubbard wasn't convinced that Seward should mirror the language of the state. Meuninck said on -site consumption was lumped into retail and service. This land use table would single it out as a separate item. This would allow for more flexibility to make changes in the future to each individual item. Nothing in code was being changed here, but rather a layout change to list more options in the land use table. Griswold noted that nothing was added and nothing was changed. This was the first step in addressing the current marijuana establishment code. This would be establishing the baseline for future discussion and changes. 5 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 6, 2024 Volume 8, Page Ulman said this change would help facilitate that future discussion and make it easier to make changes. Motion Passed Unanimous UNFINISHED BUSINESS - None NEW BUSINESS Other New Business Discuss work session topic for August 20, 2024 Meuninck's list of topics included: sign code update, comprehensive plan survey format, and a new draft of the P&Z Rules of Procedure. Griswold summarized the work session topics. The commission thought that was a good lineup of topics. INFORMATIONAL ITEMS AND REPORTS Reminder of Meetings Work session on Tuesday, August 20, 2024 at 6:00 p.m. in the Community Room at the Seward Community Library Charbonneau said he would not be able to attend the work session. Bringhurst noted the work session would actually be in the room upstairs due to the Holocaust exhibit in the Community Room. Regular meeting on Tuesday, September 3, 2024 at 7:00 p.m. in Council Chambers at City Hall Hubbard asked about collaborating with council on housing. Meuninck said that council was currently looking into wells and septic systems, which was a different subject area. CITIZEN COMMENTS -None COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Hubbard said she had been receiving feedback on the new walkable mural. She found some issues in the process that needed to be addressed. There were several other crosswalks that were eligible to be muralized and she thought it was worth re -visiting the criteria for logos and symbolism 6 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 6, 2024 Volume 8, Page allowed. On another topic, Hubbard thanked staff for clarifying the marijuana establishments in the land use table. Verhey welcomed Clare Sullivan back to P&Z and thanked staff for all their work. She said it was great to have a full commission. Hornseth thanked everyone for attending the meeting and thanked the sole member of the public for attending. He noted the work sessions always started at 6:00 p.m. and the regular meetings started at 7:00 p.m. He was interested in standardizing the start times so they were both the same. City Clerk Kris Peck clarified that the work sessions could start at any time, but the regular meetings were codified to start at 7:00 p.m. This issue had come up before and the consensus was that having both types of meetings start at 7:00 p.m. was not considered a win. In order to change the regular meeting time to 6:00 p.m. would require an ordinance. Charbonneau spoke to the requirements of the walkable murals in regard to symbols and traffic signage. Ulman welcomed back Clare Sullivan to P&Z. He thanked administration for always setting the commission up for success. He spoke in favor of the work sessions starting earlier since they tended to run a few hours and could go late into the evening. Sullivan thanked everyone for welcoming her back. She said she would do her best to be productive. She thanked administration for their help, and thanked the clerk's office for keeping everyone on track. She wanted to look more into a balance for the walkable murals. Sullivan said it was good to be back and felt the band was back together. Griswold said the Hazard Mitigation Plan was timely due to the current heavy rain and flooding. The waterfall was raging as the heavy equipment battled against the power of nature. She appreciated everyone attending the meeting, including the city staff and city clerk. ADJOURNMENT The meeting was adjourned at 7:40 p.m. Kris Peck Carol Griswold City Clerk Chair (City Seal) Planning and Zoning Agenda Statement Meeting Date: September 3, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Subject: Resolution 2024-017: Granting a Conditional Use Permit to Grace Group Properties 1 LLC to Construct a 42-Room Hotel on Lots 12, 13, 14 and the North'/2 of Lot 15, Block 15, Original Townsite of Seward; Located at 313 and 315 Fourth Ave; Within a Central Business (CB) Zoning District Background and justification: John Wisel has submitted an application for a conditional use permit on behalf of Grace Group Properties 1 LLC to construct a 42-unit hotel at 313 & 315 Fourth Ave. According to the Land Use Allowed Table, §15.10.226, a hotel is allowed within the central business (CB) zoning district with an approved conditional use permit. The purpose of the central business zoning district is "to provide for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade." The CB district does not require off-street parking and allows 100% lot coverage. A hotel is defined as "a facility with six or more guest rooms and on -premises management offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services." The applicant has complied with all the public hearing requirements of Seward City Code § 15.01.040. Regarding conditional uses, Seward city code § 15.10.320 states, "it is recognized that there are some uses which may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property, and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission shall permit this type of use if the conditions and requirements listed in this chapter (Title 15) are met." 8 Prior to granting a conditional use permit, the Commission shall establish that the use satisfies the following conditions as listed in SCC § 15.10.320(D): 1. The use is consistent with the purpose of this chapter and the purposes of the zoning district; 2. The value of the adjoining property will not be significantly impaired; 3. The proposed use is in harmony with the comprehensive plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. 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. Surrounding Land Use and Zoning: Development Requirements: The proposed structure meets the Zoning Code Development Requirements (Table 15.10.220) including lot coverage (maximum coverage of 100%), minimum buildable lot size (3,000 square feet), setbacks (none), and building height (34'). Building height is calculated according to the 2021 International Building Code. This code specifies that height is calculated to the median height of the roof and that towers, spires, steeples, and other rooftop structures are exceptions to the allowable height. The proposed hotel is 30' tall as the elevator override and rooftop staircase are considered "other rooftop structures". SCC § 12.01.030 requires the three separate lots be platted into one parcel. Surrounding Land Use: The Seward Memorial United Methodist Church and Resurrect Art Coffee House are located to the north. First National Bank and the Van Gilder Hotel are located to the south. A residential dwelling and a vacant lot are located to the west. The Fire Department is located directly to the east. All of the surrounding parcels are zoned Central Business. The proposed hotel is in the Historic District which is defined as, "An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance as to warrant conservation and preservation." (SCC 15.10.140(B)(41)) The historic district was established to define those areas of the City that meet state or federal standards for historic districts or that otherwise have special historic significance that merits additional consideration in land use regulation. (SCC 15.15.020) The sign code prohibits any sign extending above the roofline. (SCC 15.20.025(M)) Floodplain Status: According to the Kenai Peninsula Floodplain Map, the area is not located within a flood zone. 9 Utilities: Sewer, water, and power are already available to the property. Adequate fire, police and solid waste disposal services are available to the property. The city code also requires that every building or building site within the city must provide containers suitable for refuse collection (SCC 14.05). All containers shall be watertight with an animal -proof lid. Parking: According to City Code § 15.10.215, outright allowed uses in the Central Business zoning district are not required to provide off-street parking. Hotels are not an outright allowed use, and thus to reduce the impact to the already limited street parking in downtown Seward and congestion, it is a required condition of this CUP to provide off-street parking. The number of parking spaces required in code for a hotel is 1 parking space per guest unit. Since there will be 42 guest units in this hotel, 42 parking spaces will be required, which shall include two (2) ADA- compliant spaces. Parking spaces are required to be 9ft wide and 18ft long. Seward City Code § 15.10.215(E)(1) states that the "required parking may be provided on a lot that is not occupied or abutting the principal use, provided that (i) there is a pedestrian route not longer than 600 feet to the lot occupied by the principal use, or (ii) access is provided by a scheduled shuttle service or a valet parking attendant." The hotel has a cafe and two event spaces which will be available to the public. Both of those uses are allowed outright in the central business zoning district. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 2.2.11 — "Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established." Strategic Plan: Other: Vol 1, Chapter 3.1.1.2 — "Encourage and support downtown revitalization efforts on vacant and dilapidated buildings." Vol 1, Chapter3.1.1.4— "Support private sector business, employment, and programs." N/A Department Comments No Comment N/A Building Department Per 2021 IBC table 504.3, the proposed building height is allowed with an approved sprinkler system. Fire Department Further plan review will be required once a building permit is submitted 10 Public Works Department No objections to the CUP; stormwater drainage plans should be submitted with building permit Harbor Department X Police Department X Electric Department X Parks and Recreation X Telecommunications X Public Comment NI 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 public inquiries. If any additional correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. 1. Prior to receiving a building permit, the owner of the hotel must provide a recorded parking agreement signed by the owner of the hotel, the owner of the off -site parking lot, and the city which guarantees that the required off -site parking spaces for the hotel will be maintained for the benefit of the hotel for the life of that use. 2. A minimum of 1 parking space per guest unit will be provided for at the off -site parking location. This is a 42-room hotel, so 42 parking spaces are required with at least two (2) of the parking spaces complying with the Americans Disabilities Act (ADA). 3. A shuttle/valet service must be provided through the hotel to transport individuals between the parking lot and the hotel. 4. The hotel shall provide a minimum of one watertight, animal resistant dumpster. The location of the dumpster(s) shall be on -site and approved by the Public Works Director and waste contractor. 5. Exterior lighting shall be shielded and provide direct downward illumination. 6. 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 or a building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 7. Modification of final approval of a conditional use permit may, upon application by the permittee, 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. 11 Recommendation The proposed use is permittable through the Conditional Use Permit process, which allows the Commission the opportunity to ensure that the use is consistent with the purpose of the zoning district and surrounding land uses, is in harmony with the Comprehensive Plan, and will not be harmful to the public safety, health, or welfare. 12 Sponsored by: Applicant Public Hearing: September 3, 2024 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-017 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO GRACE GROUP PROPERTIES 1 LLC TO CONSTRUCT A 42-ROOM HOTEL ON LOTS 12, 13, 14 AND THE NORTH % OF LOT 15, BLOCK 15, ORIGINAL TOWNSITE OF SEWARD; LOCATED AT 313 AND 315 FOURTH AVE; WITHIN A CENTRAL BUSINESS (CB) ZONING DISTRICT WHEREAS, John Wisel has submitted a conditional use permit application on behalf of Grace Group Properties 1 LLC to construct a 42-unit hotel with a cafe can two event spaces at 313 & 315 Fourth Ave; and WHEREAS, the property is located within the central business zoning district; and WHEREAS, a hotel is allowed in the central business zoning district with an approved CUP; and WHEREAS, the proposed location for the hotel consists of 3 separate lots; and WHEREAS, Seward city code 12.01.030 states that "no building, except a single-family residence, may be constructed across platted property lines"; and WHEREAS, the properties will need to be platted into one parcel; and WHEREAS, the proposed hotel is in the historic district; and WHEREAS, Seward city code 15.20.035(M) prohibits any sign from extending above the roofline; and WHEREAS, outright allowed uses in the central business district are not required to provide off-street parking; and WHEREAS, hotels are not an outright allowed use in the central business district, a condition of this permit is to provide the number of parking spaces required for a hotel in SCC 15.10.215; and WHEREAS, SCC 15.10.215 requires one parking space per guest unit; and WHEREAS, the proposed plans for the 42-unit hotel is designed for 100% lot coverage and does not accommodate on -site parking; and 13 PLANNING AND ZONING COMMISSION RESOLUTION 2024-017 Page 2 of 5 WHEREAS, SCC 15.10.215(E)(1) states that the "required parking may be provided on a lot that is not occupied or abutting the principal use, provided that (i) there is a pedestrian route not longer than 600 feet to the lot occupied by the principal use, or (ii) access is provided by a scheduled shuttle service or a valet parking attendant." WHEREAS, a condition of this permit will require a recorded parking agreement to be established between the owner, owner of the parking lot, and the city to provide the 42 parking spaces and a shuttle service maintained for the benefit of the hotel for the life of the hotel; and WHEREAS, building height is calculated according to 2021 International Building Code regulations; and WHEREAS, the 2021 International Building Code states that "towers, spires, steeples, and other rooftop structures" including the 44' high elevator override and 39' high stair roof, are exceptions to the allowable height; and WHEREAS, Seward City Code 15.10.320 allows the Commission to issue Conditional Use Permits for certain uses which may be compatible with designated principal uses in specific zoning districts provided certain requirements and conditions are met; 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 PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, that: Section 1. According to SCC 15.10.320 It is recognized that there are some uses which may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property, and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission shall permit this type of use if the conditions and requirements listed in this chapter are met. 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 hotel is allowed within the central business (CB) zoning district with an approved conditional use permit. The CB zoning district is defined as "an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of 14 PLANNING AND ZONING COMMISSION RESOLUTION 2024-017 Page 3 of 5 businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade." A hotel is defined as "a facility with six or more guest rooms and on -premises management offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns " B. The value of adjoining property will not be significantly impaired. Finding: This condition has been partially met. The northern portion of property on which the hotel will be built is vacant, and the southern portion of the property has an abandoned, dilapidated building. Removal or repair of this building will improve the image of the property and street. A new structure on this property could potentially bring more individuals to the downtown area that would patronize the surrounding businesses. 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. Seward Comprehensive Plan (approved by Council, May 30, 2017) Plan statements that are in harmony with this application: Vol 1, Chapter 2.2.11 —"Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established." Vol 1, Chapter 3.1.1.2 — "Encourage and support downtown revitalization efforts on vacant and dilapidated buildings." Vol 1, Chapter 3.1.1.4 — "Support private sector business, employment, and programs." D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. The property already has access to city water, sewer, and electricity. The property has direct access to Church Street, which is a one- way street going west, and Fourth Ave. The property is also served by the alley on the west side. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. All construction will abide by the International Fire Code and International Building Code, including an approved sprinkler system. ADA requires that 60% of the public entrances on a building be accessible, however 15 PLANNING AND ZONING COMMISSION RESOLUTION 2024-017 Page 4 of 5 the main entrance on the east side is not. It is recommended that this entrance should also be ADA compliant. 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. Prior to receiving a building permit, the owner of the hotel must provide a recorded parking agreement signed by the owner of the hotel, the owner of the off -site parking lot, and the city which guarantees that the required off -site parking spaces for the hotel will be maintained for the benefit of the hotel for the life of that use. 2. A minimum of 1 parking space per guest unit will be provided for at the off -site parking location. This is a 42-room hotel, so 42 parking spaces are required with at least two (2) of the parking spaces complying with the Americans Disabilities Act (ADA). 3. A shuttle/valet service must be provided through the hotel to transport individuals between the parking lot and the hotel. 4. The hotel shall provide a minimum of one watertight, animal resistant dumpster. The location of the dumpster(s) shall be on -site and approved by the Public Works Director and waste contractor. 5. Exterior lighting shall be shielded and provide direct downward illumination. 6. 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 or a building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 7. Modification of final approval of a conditional use permit may, upon application by the permittee, 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 Grace Group Properties 1 LLC to construct a 42-room hotel at 313 & 315 Fourth Ave legally known as Lots 12, 13, 14 and the north'/2 of Lot 15, block 15, Original Townsite of Seward; within a central business (CB) zoning district. 16 PLANNING AND ZONING COMMISSION RESOLUTION 2024-017 Page 5 of 5 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: Conditional Use Permits and authorizes the administration to issue a conditional use permit. Section 4. Administration shall periodically confirm the use conforms to the standards of its approval. Nonconformance to these above stated conditions shall be grounds for revoking the Conditional Use Permit. Section 5. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Planning and Zoning Commission this 3rd day of September, 2024. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 17 200 feet Conditional Use Permit Application Property Map Single-family Residential Urban Residential Multi -family Residential Office Residential Central Business Auto Commercial Park RES 2024-017 - Granting a conditional use permit to construct a 42-room hotel Location: 313 & 315 Fourth Ave Parcel #: 14909012 & 14909011 18 8/29/24, 10:48 AM CUP-24-2 Application Details This completed application is to be submitted to the Community Development Department no later than four (4) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. See link below for the submission deadline dates. https://www.cityofseward.us/government/boards-commissions/planning-zoning- commission/planning-zoning-commission-meetings Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $350 nonrefundable filing fee. Documents Needed: • As -built survey of the property if it has been developed or a scaled site plan with elevations if the property is undeveloped • Scaled drawings of structures to be built • Any other pertinent documents to describe or support the project Applicant Information Full Name* Brittney Wisel Email* sewardgracegroup@gmail.com Property Information Mailing Address* PO Box 3565 Phone Number* 907-699-9846 Is the applicant the property owner?* Address* Yes 313 & 315 Fourth Ave 19 https://sewardak.workflow.opengov.com/#/explore/records/3150/react-form-details/3150 4/9 8/29/24, 10:48 AM CUP-24-2 KPB Parcel Number* A Zoning District* A 14909011 & 14909012 Central Business (CB) Lot Size* A 10,454 sf Zoning District: https://seward.maps.arcgis.com/apps/webappviewer/index.html? id=56d3e72bc65040a0a4fb459b15504b01 Legal Description* A ORIGINAL TOWNSITE OF SEWARD LOT 12, 13, & 14 & N1/2 LT 15; BLK 15 The legal description of a property and the KPB Parcel number can be found at this link: https://gis.kpb.us/map/index.html?viewer=basic Click on the icon four from the left that looks like a pin and says "find parcel by address" when you hover your mouse over it. Type in your address and press "enter". Click on your parcel. A white box with information in it should appear on your screen. The parcel ID number is at the top. The Legal name of the property is in the middle under the heading, "Legal:" Development Information What structures are on the property?* 0 Other Describe what structures are on the property* One parcel is vacant land, the other parcel has a restaurant that is no longer in business. The restaurant structure will be demolished. 20 https://sewardak.workflow.opengov.com/#/explore/records/3150/react-form-details/3150 5/9 8/29/24, 10:48 AM CUP-24-2 How is the property currently being used?* Vacant land and abandoned building What is the proposed use of the property?* Lodging hospitality and a restaurant What is the development timeline?* 2026 Requirements for Consideration 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 link below for specific City Code requirements) https://library.municode.com/ak/seward/codes/code_of_ordinances? nodeld=CD ORD TIT15PLLAUSRE CH15.10SEZ000 ART3SURE 15.10.32000USPE State how the proposed use is consistent with the requirements of the Seward Zoning Code and the A designated zoning district* A hotel is allowed in the Central Business District with an approved CUP. A restaurant is allowed outright in the Central Business District. Click on this link to read the definitions of each zoning district https://library.municode.com/ak/seward/codes/code_of_ordinances? nodeld=CD ORD TIT15PLLAUSRE CH15.05LAUSPL 15.05.025LAUSDISTDE 21 https://sewardak.workflow.opengov.com/#/explore/records/3150/react-form-details/3150 6/9 8/29/24, 10:48 AM CUP-24-2 Describe any impacts to the adjoining properties and how property values may be affected* None How is the proposed use consistent with the Seward Comprehensive Plan? Explain and cite examples from the plan (see link below)* 2.2.10 - "Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established." 3.1.1.2 - "Encourage and support downtown revitalization efforts on vacant and dilapidated buildings." Seward Comprehensive Plan: https://www.cityofseward.us/home/showpublisheddocument/60/637001929598130000 Describe / list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.)* City water, sewer, and electric are already available to the site. Property has access to public right-of-way (Church Street and Fourth Ave) and alley. The proposed project or use must not be harmful to the public health, safety and welfare. Describe how the proposed project meets this requirement. * It will be built to fire and building code. Describe any mitigation measures that may be needed to protect the public health, safety and welfare. * None 22 https://sewardak.workflow.opengov.com/#/explore/records/3150/react-form-details/3150 7/9 8/29/24, 10:48 AM CUP-24-2 Document Uploads Include building elevation plans and a site plan, drawn to scale. The site plan should include: • Property dimensions • Location and dimensions of proposed and existing buildings • Parking configuration • Driveways and access • Natural features • Other pertinent information Site Plan / Project information* Supporting Documents Site Plan_Hotel CUP_315 Fourt h Ave. pdf No File Uploaded Supporting Documents Supporting Documents No File Uploaded No File Uploaded Signature I have the following legal interest in the property* Owner of record I understand that this item will be scheduled for a Planning and Zoning Commission meeting only if all application materials are submitted not less than four (4) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge 23 https://sewardak.workflow.opengov.com/#/explore/records/3150/react-form-details/3150 8/9 8/29/24, 10:48 AM CUP-24-2 Applicant Signature* O Brittney Wisel Jul 1, 2024 24 https://sewardak.workflow.opengov.com/#/explore/records/3150/react-form-details/3150 9/9 Sheet List Sheet Number Sheet Name A0.0 Title Sheet A0.4A Exterior Perspectives A0.4B Exterior Perspectives A1.1 Site Plan A2.1 Basement Floor Plan A2.2 1st Floor Plan A2.3 2nd Floor Plan A2.4 3rd Floor Plan A2.5 Roof Plan A3.1 Exterior Elevations A4.1 Longitudinal Building Section A4.2 Longitudinal Building Section A4.3 Building Cross Section A4.4 Building Cross Section A4.5 Building Cross Section A4.6 Building Cross Section 70 ° 160 ° 150 ° 140 ° 130 ° 160° 150 ° 140° PROJEC LOCATION 60j 130 ° II a Z ADDITIONAL PARKING Hotel Fjord New Construction 42-Room Hotel 311 Fourth Avenue Seward, AK 99664 Lot 12 +13 + Lot 14 + N1/2 Lt 15 Block 15 Original Townsite of Seward Subdivision PERMIT # ARCHITECT: FAULKENBERRY & ASSOCIATES, INC. ARCHITECTS P.O. Box 230083 - Anchorage, Alaska 99523-0083 - (907)522-9193 OWNER: BESSMIGS AT 11tt17 ARE 1/2 SCALE N0ICATEDJ z / FNA Project #: / 2024_02 Project Start Date: 07-31-2024 • E a 2 rn N i5 v N O N n c 0 sheet number A0.0� Release Date: 02-08-2024 Released for: REDESIGN 1 `+P G,\I` 4 524529 P2M 42-Room Hotel sheet name Title Sheet BRANYMc S AT 11 tt17 ARE 1®2 SCALE MIC ICATRDj z FNA Project #: 2024_02 Project Start Date: 07-31-2024 F U 0) a 2 a 0 N O N n c o sheet number Release Date: 02-08-2024 Released for: REDESIGN 1 `+P ��024 0 5:25027 PM )n sheet name Exterior Perspectives a�6A0.4A/ y North West Perspective View ®South West Perspective View ildUlll��',,a z FNA Project #: 2024_02 Project Start Date: 07-31-2024 F 0 m a m 0 O N n c o sheet number Release Date: 02-08-2024 Released for: REDESIGN 1 `�P G,�I` 24 w52516 PM 42-Room Hotel sheet name Exterior Perspectives DRLaMn IMS AT 11 tt17 ARE 1/2 SCALE IMDo ICATRD a�A0.4Bj o /FNAProject #: / 2024_02 F Project Start Date: 07-31-2024 ALLEY a 15.0' 30.0' 30.0' N IN90° 00' 00"W 105.00—T 0- 0 0 0 0 0 0 co EXISTING RESTAURANT FIN. FL. EL: -35" ‘(-2.92 FT. • • EXISTING GRAVEL S90° 00' 00"E 4TH AVENUE 30.0' wl 0- 0 0 0 0 00 0 z CHUR EL: 0.00 FT 0 0 - o p 15.0' ;ALLEY 30.0' N90° 00' 00"W 105.00' 4TH AVENUE 30.0' 30.0' III All II U 30.0' Parking Schedule Count Type 8' x 20' (8' Aisle) 10 45deg -9'x19' Release Date: 02-08-2024 Released for: REDESIGN 1 `�P ' 3112 24 w5:25:16 PM d a 4 5:25:16 PM :h n sheet name Site Plan ®Site Plan - Existing ®Site Site Plan - New 11 DGn/a 0IIt0GGS LQT 11o17 /\R 1/2 0CCALCE OMDOCATED 0 d z / FNA Project #: / 2024_02 Project Start Date: 07-31-2024 0 0 Q O Q Tt Q Q A4.6 4.2 0 CO co MAINTENANCE Q n IB01I ✓ n HOTEL LAUNDRY ==_i: ex: MI' IB02I MECHANICAL B03 to ft — WASHERS CUSTOMER F.— TAB ES H LAUNDRY I B04 7 MECHANICAL IB05I Vir lo@6,6,6, Basement Floor Plan �R. 0 tat THE CONTRACTOR IS RESPONSIBLE TO CHECK THE PLANS AND IS TO NOTIFY THE ARCHITECT OF ANY ERRORS OR OMISSIONS PRIOR TO THE START OF CONSTRUCTION. a 4 5:25:17 PM 10 n 0 Release Date: 02-08-2024 Released for: REDESIGN 1 42-Room Hotel sheet name Basement Floor Plan 1 /8" = 1'-0" moonroDR n4 114117 J8 E 5I2 RRe/8LO o nAINn/?\1YOID d A4.2 2 A7.2 3 99' - 0" O O O 6'-11/2" 12'-91/4" _ 12'-91/4" I Igar .N■■ IR �I m■ ■ UNI®5I i � C _•• 1st Floor Plan 12' - 91 /4" 12'-91/4" i 12'-91/4" A7.2 13'-101/4" i 15'-2" RECEPTION 112 SHUTTLE BUS LOADING 0 tat SLEEPING UNITS THIS FLOOR: 10 1. DOUBLE QUEENS: 8 2. SINGLE KING: 2 A. H/C: 1 B. NON-H/C: 1 U FNA Project #: 2024_02 Project Start Date: 07-31-2024 F U m a 12) N O c o sheet number �33°A2.2 BRAMn70HOS AT 11 tt19 AGE[ 1/2 SCALE a OMD06 a4[ D Release Date: 02-08-2024 Released for: REDESIGN 1 `+P w5:25:18 PM 42-Room Hotel sheet name 1st Floor Plan THE CONTRACTOR IS RESPONSIBLE TO CHECK THE PLANS AND IS TO NOTIFY THE ARCHITECT OF ANY ERRORS OR OMISSIONS PRIOR TO THE START OF CONSTRUCTION. 1 /8" = 1'-0" A7.2 3 99' - 0" O O O 6'- 1 1/2"1 12'-91/4" _ 12'-91/4" I 12' - 91 /4" 12' - 91 /4" 12'-91/4" 13'-101/4" 15'-2" UNIT 07/ 2071` SOUTH HALL A4 4 1111 UNIT 206 ECEI • 11 ■ hij 1 UNIT 205 LE �_ ■ • UNIT 204 1 rEZE WEST HALL 228 G Z w N EVENT SPACE —1223t-- A4.2 SOUTH STAIR UP N 131 1 • 1i UNIT 203 203 ICI JANITOR I222 UNIT 216)' I 1216I a EAST HALL 224 wo. UNIT 215 UNIT 214 Ella = un ENE t 4- B 0 2nd Floor Plan 0 0 DO CE UNIT 213 1213 UNIT 212 puEE 9 I■ ■ CI Ilk TICF UNIT 201 201 ill \ UNIT 208 208: I I I UNIT 209 209 010 SLEEPING UNITS THIS FLOOR: 16 1. DOUBLE QUEENS: 11 2. SINGLE KING: 5 A. H/C: 2 B. NON-H/C: 3 THE CONTRACTOR IS RESPONSIBLE TO CHECK THE PLANS AND IS TO NOTIFY THE ARCHITECT OF ANY ERRORS OR OMISSIONS PRIOR TO THE START OF CONSTRUCTION. U FNA Project #: 2024_02 Project Start Date: 07-31-2024 F U E a N n c vsheet number DRQMOIGS AT11tt19ARE 1/2SCALE OMD06a4[Dja A2.3 Release Date: 02-08-2024 Released for: REDESIGN 1 `�P . '3 24 52518 PM 42-Room Hotel sheet name 2nd Floor Plan 1 /8" = 1'-0" 99' - 0" 6'-11/2" 12'-91/4" _ 12'-91/4" I UNIT 316 316 UNIT 306 12' - 91 /4" UNIT 305 ■ WEST HALL EVENT SPACE UNIT 315 UNIT 303 HALLWAY 317 15'-2" UNIT 301 EI MIErr IE UNIT 309 309 I 328 EAST HALL UNIT 314 12' - 91 /4" 12'-91/4" 13'-101/4" ng. ■ ■_ El MW UNIT 304 I II JANITOR - UNIT 313 UNIT 302 UNIT 311 UNIT 310 @ or 3rd Floor Plan 1 /8" = 1'-0" <0 O SLEEPING UNITS THIS FLOOR: 16 1. DOUBLE QUEENS: 11 2. SINGLE KING: 5 A. H/C: 2 B. NON-H/C: 3 THE CONTRACTOR IS RESPONSIBLE TO CHECK THE PLANS AND IS TO NOTIFY THE ARCHITECT OF ANY ERRORS OR OMISSIONS PRIOR TO THE START OF CONSTRUCTION. U FNA Project #: 2024_02 Project Start Date: 07-31-2024 F U m a rn Csl N 0 c o sheet number �� A2.4j >r DG�LaM NSS AT 11tt17 R[ 1/2 SCALD OhlUCCLATIED d Release Date: 02-08-2024 Released for: REDESIGN 1 `�P . '3 24 52519 PM 42-Room Hotel sheet name 3rd Floor Plan z / FNA Project #: / 2024_02 Project Start Date: 07-31-2024 99' - 0" 6'-11/2" 12'-91/4" 12'-91/4" i 12'-91/4" 13'-101/4" 15'-2" @ or Roof Plan 1 /8" = 1'-0" THE CONTRACTOR IS RESPONSIBLE TO CHECK THE PLANS AND IS TO NOTIFY THE ARCHITECT OF ANY ERRORS OR OMISSIONS PRIOR TO THE START OF CONSTRUCTION. IDnA 8MDR n411rz17 /8 E 1/2 RRe/?8LI onIINfaiorriD U1 a 5:25:19 PM n 0 a Release Date: 02-08-2024 Released for: REDESIGN 1 42-Room Hotel 00 outh Stair Roof ik 39'-0" \1 OEast Elevation 1 1/8" = 1'-0" dok Elevator Override 111-2 44' - 0" West Elevation T Q Q Elevator Override Roof 3rd Floor 20' - 0" 2nd Floor 10'-0" 1st Floor 0�� V _ South Stair Roof 39'-0" Roof 30'-0" 3rd Floor 20'-0" 2nd Floor 10'-0" 1st Floor 2ONorth Elevation 1/8" = 1'-0" CO Elevator Override 44' - 0" Lir South Stair9Roof 3' - 0" Roof 3rd Floor 20'-0" 2nd Floor 10'-0" 1st Floor 6 0" Elevator Override 44'-0" \1 311 South Stair Roof Akik 39'-0" Sir 1/8" = 1'-0" I t' III III III II - South Elevation 1/8" = 1'-0" Roof 3030' 3rd Floor 20' - 0" 2nd Floor 10'-0" 1st Floor - / FNA Project#: / 2024_4_02 Project Start Date: 07-31-2024 F 0 m 0 as N N 0 `‘-1' n o sheet number �-47� A3.1 j BRAMn70ISS Q411 tt17 ARE 1/2 SCALE HAMMED D a Release Date: 02-08-2024 Released for: REDESIGN 1 `+P i(eG,\I` 24 52527 PM 42-Room Hotel sheet name Exterior Elevations O O UNIT 316 UNIT 216 'UNIT 315 1,315 'UNIT 215 Longitudinal Section Through Lobby UNIT 314 314,r UNIT 214' `UNIT 108 'UNIT 313 '1.313 1 'UNIT 213 UNIT 107' a a 121117 1 UNIT 312' 1312,I' UNIT 212' UNIT 106' UNIT 311 UNIT 211 MECHANICAL UNIT 210 30'-0" Roof 3rd Floor 20' - 0" 2nd Floor 10'-0" 1st Floor I —I 1 0 III - I —I Basement III III-10' - 0 V III III-11 U FNA Project #: 2024_02 Project Start Date: 07-31-2024 F U a 2 a N 5 N O N n c sheet number Release Date: 02-08-2024 Released for: REDESIGN 1 QI� 0��O4 52527 P2M 42-Room Hotel sheet name Longitudinal Building Section 35 A4.1 J ol�/A2fltGD AT 11tt17 ARI21/2 SCALEIM0ICATB� a O OUTH HAL 327 1 SOUTH HAL SOUTH HAL 11261 III III —III —III II III HI 111 HI II SOUTH STAIR < IR04I /II SOUTH STAIR ,11 SOUTH STAIR 1 226 1 SOUTH STAIR 1124I I SOUTH STAIR 1, 081 III IIII III III III III III III III III I EVENT SPACE EVENT SPACE 1223 I 1 Longitudinal Section Through Cafe ADA TOILET ADA TOILET •ELEV LOBBY IR02I it HALLWAY HALLWAY 1.217 II IIIIIII1IIIIIIIIIIIIII IIIIIII III( IIII IIIIII IIIIII1IIIII HALLWAY 114' UNIT 309 �II91.i.11i Wjj IIIII�I�i III\I MECHANICAL 13091 Roof 30'-0' s 3rd Floor 20' - 0" 2nd Floor 10'-0" 1st Floor (-1'I1-1�0 — III III III Ba 10' e0t I IIII1III1III IIII III III III III III III III IIIIIIII III III I1III1II U FNA Project #: 2024_02 Project Start Date: 07-31-2024 F U m a 2 co N N i76 v 0 O N n c sheet number Release Date: 02-08-2024 Released for: REDESIGN 1 IL `+P 0��O4 52528 P2M 42-Room Hotel sheet name Longitudinal Building Section ��6 BRAWIHOS AT f 1 tt19 R[ 1/2 SCALE INDICATED a A4.2 00 2 A4.1 SOUTH STAIR 1R041 1 UNIT 316 13161 EAST HALL 1 324 I UNIT 216 12161 EAST HALL 1 224 1 1617-1 UNIT 110 1 110 EAST HALL 1121 I 11 SOUTH STAIR 111 SOUTH STAIR 1 1 1 I I I I 1 1 1 I I I I I I I I 1 I 1 I 1 I 1 I I I I I I I I I 1 1 1 1 1 1 1 I I I I I I I I I I I I I 1 1 I I I I I 1 I I I I I I 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 III IIII 1I1 1I1 1III( 1I1 1III 1I1 1 1 1 I I I I I 1 I I I I I I I I I I I I I I 1 1 1 1 1 1 1 1 III III III III III III III III ()Cro()Cross Section at South Stair ss = 1'-0" �II SOUTH STAIR 1m 111 SOUTH STAIR III III III B08 III III III III 4.2 TT WEST HALL 328 1 UNIT 307 13071 u 01 -I MENI WEST HALL 1228 1 UNIT 207 12071 WEST HALL F1-271 I IIII1 1 II (III IIII111 1 1 1 III 1 1 I 1 1 1 1 I 11 1 1 I I I I I I 1 1 1 1 I 1 1 II 1 1 it 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 11111I 1I I III III III III III III III III III 30R-0"oof ' 3rd Floo50 20' - 0" 2nd Floor 10'-0" 1st Floor n I 1 11I I 11 111= II III III III III III III III 11 0" Bas11 ent III U FNA Project #: 2024_02 Project Start Date: 07-31-2024 U m a 2 co N CV N 0 N n c sheet number oRQeaolSOS a411tt19 ARE 1/2o� 2 SCALE Eo6a1TED a A4.3 Release Date: 02-08-2024 Released for: REDESIGN 1 `+P G,�r`O 24 5:25:28 PM 42-Room Hotel sheet name Building Cross Section 00 IZIEF UNIT 314 13141 UNIT 108 IIII IIII IIIII 1111 III III III 1OCross Section at Typical Interior units 3/16" = 1'-0" EAST HALL 324 EAST HALL 1 224 EAST HALL 121 13231 EVENT SPACE GYM / SPA WEST HALL WEST HALL WEST HALL r127L1 III IIIIII I III III III III I _II I I I III III III I I I I I I I I+I 1 1I III TT UNIT 305 13051 II III III III III IIIII IIIIIIIIIIIIIIIIIIIIIII Roof 3rd Floor 20' - 0" 2nd Floor 10'-0" 1st Floor 0" III III= IIBI sement f 10'-0" V U FNA Project #: 2024_02 Project Start Date: 07-31-2024 F U m a 2 rn N i5 v N O N 1n c sheet number Release Date: 02-08-2024 Released for: REDESIGN 1 `+P k��O24 52529 PM 42-Room Hotel sheet name Building Cross Section 3$ A4.4 DRAWIHGD AT 11o17 ARE 1/2 SCALE IM0ICATL D a 00 IIII I I I I 1 I I 1 I 1 III... III UNIT 312 III III 11IIIII1III11III III III 1OCross Section at Elevator 3/16" = 1'-0" EAST HALL 1324I EAST HALL 1224 EAST HALL 1 121 ELEV 319 ELEV B07I Ir. HALLWAY HALLWAY HALLWAY III III 1111 IIII IIIIII IIII IIII NORTH STAIR 1R011 NORTH STAIR 318 1 NORTH STAIR 115-1 NORTH STAIR B06 1 WEST HALL WEST HALL WEST HALL 1127 1 III III III "III ...III ...III +III ...III TT UNIT 303 13031 III III III III III IIIIIIIIIIII III Roof 30' - 0" \1 3rd Floor 20' - 0" 2nd Floor 10'-0" 1st Floor n 0" U FNA Project #: 2024_02 Project Start Date: 07-31-2024 F U a 2 rn N 5 N 0 N n c sheet number Release Date: 02-08-2024 Released for: REDESIGN 1 `+P G,\r` 24 52529 PM 42-Room Hotel sheet name Building Cross Section �� 39A4.5J DG�/A 5lt1C D AT 11 tt17 ARE 1/2 SCALE IM 0ICATED a 00 UNIT 310 I310I UNIT 210 12101 LOBBY MECHANICAL LB051 III IIIIIIIII111 11IIIIIIIIIIIII II III III ()Cross Section at Cafe 1 3/16" = 1'-0" UNIT 309 r. UNIT 209 CUSTOMER LAUNDRY 604 r. r. MECHANICAL B03I III III +III ...1 i...i i ...I I I...I I I ,11 UNIT 308 ,11 UNIT 208 II III III III HALLWAY I317I HALLWAY IIIlllIII III III III UNIT 301 301 UNIT 201 Ir, HOTEL LAUNDR /MAINTENANCE IB01I II III III III I I III III III III 30R-0"oof ' 3rd Floo50 20' - 0" 2nd Floor 10'-0" 1st Floor n p" Basement U FNA Project #: 2024_02 Project Start Date: 07-31-2024 F U m a 2 O M N N O N 0, n c sheet number Release Date: 02-08-2024 Released for: REDESIGN 1 `+P 0�� 5:25:30 P24M 42-Room Hotel sheet name Building Cross Section 4°A4.6 oRAMIGS AT 11tt19 ARE 1/2 SC ALE y_ o��o6a1 �� AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, 0\n Lj 5e� , 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 Lots 12, 13, 14 & North 1/2 of Lot 15, Block 15, Original Townsite of Seward; physical address 313 & 315 Fourth Ave, the owners of which have petitioned for a Public Hearing for a Conditional Use Permit to construct a 42-room Hotel within a Central Business (CB) Zoning District. The notice was posted on Av ,k ,102.9 , which is I 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 if; day of A' f , 2024. 41 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE Ct0-6--bru Ivn , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on j-itys-k 9 2o7j she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Lots 12, 13, 14 & North 1/2 of Lot 15, Block 15, Original Townsite of Seward; physical address 313 & 315 Fourth Ave, as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this / day o 2024. Planning and Zoning Agenda Statement Meeting Date: September 3, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2024-018: Granting a Conditional Use Permit to Major Marine Tours to Construct a Second Employee Bunkhouse on Tract B, Leirer Industrial Subdivision; Located at 1804 Leirer Road; Within an Industrial (I) Zoning District Background and justification: Colby Lawrence on behalf of Major Marine Tours has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to construct a second employee bunkhouse at 1804 Leirer Road, legal description of Leirer Industrial Subdivision, Tract B. The bunkhouse is considered to be an accessory structure to the warehouse. The property is owned by Leirer Enterprises LLC, but Major Marine Tours is the current lessee. The bunkhouse will house employees for Major Marine Tours, Harbor 360 Hotel, and/or Seward Gateway Hotel. All these businesses are located within a mile of the proposed bunkhouse location. The parcel is located within the Industrial Zoning District, and a bunkhouse is allowed according to the Land Uses Allowed Table with an approved conditional use permit. The applicant has complied with all the public hearing requirements of Seward city code § 15.01.040. Regarding conditional uses, Seward city code § 15.10.320 states, "it is recognized that there are some uses which may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property, and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission shall permit this type of use if the conditions and requirements listed in this chapter (Title 15) are met." Prior to granting a conditional use permit, the Commission shall establish that the use satisfies the following conditions as listed in SCC §15.10.320(D): 1. The use is consistent with the purpose of this chapter and the purposes of the zoning district; 2. The value of the adjoining property will not be significantly impaired; 3. The proposed use is in harmony with the comprehensive plan; 43 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. 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. Surrounding Land Use and Zoning: Development Requirements: The proposed structure meets the Zoning Code Development Requirements (Table 15.10.220) including lot coverage (maximum coverage of 100%), minimum buildable lot size (10,000 square feet), setbacks (Front — 10', Side — 10', Side adjacent to street — 20', and Rear — 10'), and building height (34'). Surrounding Land Use: All of the lots surrounding this property are zoned Industrial. The railroad is located to the west and north. Shoreside Petroleum pumphouse and fuel tanks are located to the east. Industrial storage and Icicle's seasonal housing is located to the south. Floodplain status: According to the Kenai Peninsula Floodplain Map, the area is not located within a flood zone. Utilities: Water, sewer, and electricity are already available to the property. Adequate fire, police and solid waste disposal services are available to the property via Leirer Road. The city code also requires that every building or building site within the city must provide containers suitable for refuse collection (SCC 14.05). All containers shall be watertight with an animal -proof lid. Parking: According to City Code § 15.10.215 — Parking, dormitories/bunkhouses are required to have 1 parking space per 4 residents at maximum capacity. Since there will be 14 rooms which will house 2 residents each, a minimum of 7 parking spaces will be required. Parking spaces are required to be a minimum of 9ft wide and 18ft long. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.2.1.2 — Expand the opportunity for affordable, diverse, year - Plan: round housing through appropriate land use regulations. - "Support apartments and other high density residential development, including seasonal working housing." 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. - "Encourage the development of seasonal employee housing." Strategic Plan: "Encourage construction of residential and seasonal housing at all market levels" (Page 9). 44 Staff Comments Department Comments No Comment N/A Building Department X Fire Department All construction must be built to locally adopted Fire and Building Codes. Public Works Department X Harbor Department X Police Department X Electric Department X Property owners within three hundred (300) feet of the location of the proposed Conditional Use Permit action 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 not received public inquiries regarding the proposed Conditional Use Permit. If any correspondence is received after publication of this agenda statement, it will be submitted to the Planning and Zoning Commissioners for their review. 1. The applicant shall work with the building official through the building permit process to address any requirements per International Fire Code and International Building Code. 2. For any upgrades or connections to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued, the applicant will work with the appropriate city departments. 3. A minimum of 1 parking space per 4 residents at maximum capacity shall be provided for on site. At least one (1) of those parking spaces shall be compliant with the Americans Disabilities Act (ADA). 4. All parking and maneuverability shall remain on site for the life of the use. 5. For E-911 emergency response, separate street addresses shall be assigned to each structure and each structure shall be marked accordingly. 6. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. Landscaping must be completed one year from when an occupancy certificate has been issued for the structure. 7. Refuse containers designed to prevent the upsetting or spillage by wind, weather, animals, or accident, such as a dumpster with a locking lid or a bear -resistant dumpster shall be provided for all garbage and refuse for the life of the use. 8. A three -walled structure with roof must be provided on site to house the bear resistant containers. 45 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 or a building permit obtained. 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 permittee, 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 The proposed use is permittable through the Conditional Use Permit process, which allows the Commission the opportunity to ensure that the use is consistent with the purpose of the zoning district and surrounding land uses, is in harmony with the Comprehensive Plan, and will not be harmful to the public safety, health, or welfare. 46 Sponsored by: Applicant Public Hearing: September 3, 2024 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-018 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO MAJOR MARINE TOURS TO CONSTRUCT A SECOND EMPLOYEE BUNKHOUSE ON TRACT B, LEIRER INDUSTRIAL SUBDIVISION; LOCATED AT 1804 LEIRER ROAD; WITHIN AN INDUSTRIAL (I) ZONING DISTRICT WHEREAS, Colby Lawrence has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission on behalf of Major Marine Tours to construct a bunkhouse at 1804 Leirer Road; and WHEREAS, the property is owned by Leirer Enterprises LLC and Major Marine Tours is the lessee of the property; and WHEREAS, the property is in an industrial (I) zoning district; and WHEREAS, a bunkhouse is allowed in the industrial zoning district with an approved CUP; and WHEREAS, the bunkhouse is intended to provide much -needed, high -quality housing for employees of Major Marine Tours, Harbor 360 Hotel, and/or Seward Gateway Hotel, all of which are located less than one mile from the proposed bunkhouse location; and WHEREAS, the applicant has complied with all of 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 It is recognized that there are some uses which may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property, and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission shall permit this type of use if the conditions and requirements listed in this chapter are met. 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: 47 CITY OF SEWARD, ALASKA RESOLUTION 2024-018 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 "Bunkhouse" is allowed within an industrial (I) zoning district with an approved Conditional Use Permit. The industrial zoning district is defined as "a district in which the principal use of land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling and distributing operations, which may create some nuisance, and which are not properly associated nor compatible with residential land uses. It is intended to provide environmental safeguards for people employed in or visiting the district. Some visual amenity is expected in this district to make it compatible with adjoining residential or business districts." A bunkhouse is defined as "a building used as living quarters for employee housing where shower and sanitary facilities are shared and in which there are no individual cooking facilities." B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. Currently the property is used for the Major Marine warehouse, maintenance shop, and one employee bunkhouse. The existing bunkhouse has been in operation for one season and according to the applicant, has been so successful that employees have been requesting to stay at that bunkhouse instead of the other locations around town. The proposed construction on this parcel will add value to the adjoining properties by improving the aesthetics as well as providing higher quality seasonal housing. 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 Ch 3.2.1.2 — Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations. • "Support apartments and other high density residential development, including seasonal working housing." Vol 1 Ch 3.3.1.1— Support a range of housing choices that meet the needs of people in various income and age groups. • "Encourage the development of seasonal employee housing." 48 CITY OF SEWARD, ALASKA RESOLUTION 2024-018 Strategic Plan (1999) "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. Sewer, water, electricity, and roads are already available to the property. The property is accessed by Leirer Road, and provides adequate access for fire, police and solid waste disposal services. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. The building will be constructed following International Fire Code and International Building Code. The adjacent fuel tank farm is a concern, but has been built to comply with these codes, implementing measures such as retaining walls to capture fuel in case of a leak and an onsite suppression system. On -site parking and a bear -resistant dumpster will be provided and meet Seward City Code requirements. Each of the buildings will be assigned a street address for E911 emergency response. 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 to address any requirements per International Fire Code and International Building Code. 2. For any upgrades or connections to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued, the applicant will work with the appropriate city departments. 3. A minimum of 1 parking space per 4 residents at maximum capacity shall be provided for on site. At least one (1) of those parking spaces shall be compliant with the Americans Disabilities Act (ADA). 4. All parking and maneuverability shall remain on site for the life of the use. 5. For E-911 emergency response, separate street addresses shall be assigned to each structure and each structure shall be marked accordingly. 6. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. Landscaping must be completed one year from when an occupancy certificate has been issued for the structure. 49 CITY OF SEWARD, ALASKA RESOLUTION 2024-018 7. Refuse containers designed to prevent the upsetting or spillage by wind, weather, animals, or accident, such as a dumpster with a locking lid or a bear -resistant dumpster shall be provided for all garbage and refuse for the life of the use. 8. A three -walled structure with roof must be provided on site to house the bear resistant containers. 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 or a building permit obtained. 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 permittee, 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 before a certificate of occupancy is granted, and authorizes administration to issue a conditional use permit to Major Marine Tours to construct a second employee bunkhouse at 1804 Leirer Road, Leirer Industrial Subdivision, Tract B. 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: Conditional Use Permits. A Conditional Use Permit may be transferred to a new owner per § 15.10.320(G), in which case the new owner will be required to maintain conformance to the conditions of the permit. Section 4. Administration shall periodically confirm the approved conditional use conforms to the standards of its approval. Nonconformance to these above stated conditions shall be grounds for revoking the Conditional Use Permit. Section 5. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of September, 2024. 50 CITY OF SEWARD, ALASKA RESOLUTION 2024-018 THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 51 214 216 209 211 216 218 1901 224.. 18.03 f f J 1804 _ 200 feet Conditional Use Permit Application Property Map Context Map Single-family Residential Two-family Residential Auto Commercial Industrial RES 2024-018 - Granting a conditional use permit to construct a second employee bunkhouse Location: 1804 Leirer Road Parcel #: 14525030 52 p 20 4 b 605go t o r1=t7ONic/ r ir- NV\Q C)t \ t KrNt-k. USt n't 6��,. Cordon Thompson Architect 711 M STREET, SUITE 101 ANCHORAGE, ALASKA 99501 TELEPHONE (907) 360-0795 gordot@gc+.net 54 8/28/24, 1:23 PM CUP-24-3 Application Details This completed application is to be submitted to the Community Development Department no later than four (4) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. See link below for the submission deadline dates. https://www.cityofseward.us/government/boards-commissions/planning-zoning- commission/planning-zoning-commission-meetings Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $350 nonrefundable filing fee. Documents Needed: • As -built survey of the property if it has been developed or a scaled site plan with elevations if the property is undeveloped • Scaled drawings of structures to be built • Any other pertinent documents to describe or support the project Applicant Information Full Name* Colby Email* captaincolby@majormarine.com Property Information Mailing Address* Lawrence Phone Number* 9074910335 Is the applicant the property owner?* Property Owner Name* No LEIRER ENTERPRISES LLC 55 https://sewardak.workflow.opengov.com/#/explore/records/3184/react-form-details/3184 4/9 8/28/24, 1:23 PM CUP-24-3 Property Owner Email* Property Owner Phone Number* scleirer@gci.net 9075297769 Address* KPB Parcel Number* A 1804 Leirer RD, Seward, AK 99664 14525030 Zoning District* A Lot Size* A Industrial (I) 1.56 Zoning District: https://seward.maps.arcgis.com/apps/webappviewer/index.html? id=56d3e72bc65040a0a4fb459b15504b01 Legal Description* A T 1S R 1W SEC 3 SEWARD MERIDIAN SW 2002019 LEIRER INDUSTRIAL SUB TRACT B The legal description of a property and the KPB Parcel number can be found at this link: https://gis.kpb.us/map/index.html?viewer=basic Click on the icon four from the left that looks like a pin and says "find parcel by address" when you hover your mouse over it. Type in your address and press "enter". Click on your parcel. A white box with information in it should appear on your screen. The parcel ID number is at the top. The Legal name of the property is in the middle under the heading, "Legal:" Development Information What structures are on the property?* A Commercial Building 56 https://sewardak.workflow.opengov.com/#/explore/records/3184/react-form-details/3184 5/9 8/28/24, 1:23 PM CUP-24-3 How is the property currently being used?* Currently Major Marine Tours, Harbor 360 Hotel and Gateway Hotel operates their warehouse and vessel parts and maintenance shop as the primary building on this property. The secondary building is a 14 unit bulding used as a bunkhouse which was allowed under a Conditional use permit by the City of Seward in 2023. What is the proposed use of the property?* Major Marine Tours, Harbor 360 Hotel and Gateway Hotel would like to add an additional 14 unit bunkhouse on this property. What is the development timeline?* Starting Sept. 2024 and completion May 2025 Requirements for Consideration 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 link below for specific City Code requirements) https://library.municode.com/ak/seward/codes/code_of_ordinances? nodeld=CD ORD TIT15PLLAUSRE CH15.10SEZ000 ART3SURE 15.10.32000USPE State how the proposed use is consistent with the requirements of the Seward Zoning Code and the A designated zoning district* Employee bunkhouse in an industrial area with CUP 57 https://sewardak.workflow.opengov.com/#/explore/records/3184/react-form-details/3184 6/9 8/28/24, 1:23 PM CUP-24-3 Click on this link to read the definitions of each zoning district https://library.municode.com/ak/seward/codes/code_of_ordinances? nodeld=CD ORD TIT15PLLAUSRE CH15.05LAUSPL 15.05.025LAUSDISTDE Describe any impacts to the adjoining properties and how property values may be affected* No negative impacts. This additional bunkhouse will only improve the area. How is the proposed use consistent with the Seward Comprehensive Plan? Explain and cite examples from the plan (see link below)* According to the Land Use Allowed Table, a bunkhouse is allowed in an Industrial Zone with a CUP. This will allow our company to open up several single family homes for year round rentals. Seward Comprehensive Plan: https://www.cityofseward.us/home/showpublisheddocument/60/637001929598130000 Describe / list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.)* Water, Sewer, Elecric and Road. The proposed project or use must not be harmful to the public health, safety and welfare. Describe how the proposed project meets this requirement. * This will open up high qualiy housing for seasonal employees, as well as opening up sveral singel family homes for year round residents Describe any mitigation measures that may be needed to protect the public health, safety and welfare. * None needed 58 https://sewardak.workflow.opengov.com/#/explore/records/3184/react-form-details/3184 7/9 8/28/24, 1:23 PM CUP-24-3 Document Uploads Include building elevation plans and a site plan, drawn to scale. The site plan should include: • Property dimensions • Location and dimensions of proposed and existing buildings • Parking configuration • Driveways and access • Natural features • Other pertinent information Site Plan / Project information* Supporting Documents ai 1804Leirer.pdf * No File Uploaded Supporting Documents Supporting Documents No File Uploaded ! No File Uploaded Signature I have the following legal interest in the property* Lessee I understand that this item will be scheduled for a Planning and Zoning Commission meeting only if all application materials are submitted not less than four (4) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge 59 https://sewardak.workflow.opengov.com/#/explore/records/3184/react-form-details/3184 8/9 8/28/24, 1:23 PM CUP-24-3 Applicant Signature* o Colby William Lawrence Aug 8, 2024 Property Owner Signature* 0 Steve C Leirer Aug 8, 2024 60 https://sewardak.workflow.opengov.com/#/explore/records/3184/react-form-details/3184 9/9 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE 1, Co , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code ' 15.01.040/16.01.015 on the property located at Leirer Industrial Subdivision, Tract B; physical address 1804 Leirer Road, on which the applicant has petitioned for a Public Hearing for a Conditional Use Permit to construct a second employee bunkhouse, within an Industrial (1) Zoning District. The notice was posted on 1 s , which is 2z, 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 1`{ day of 2024. Signature 61 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE Gearek 5r-own , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on 411.c lc) , 2o7.-y she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Leirer Industrial Subdivision, Tract B; Located at 1804 Leirer Road as prescribed by Seward City Code 15.01.040/16.01.015. i1 Affirmed and signed this 1 `1 —day o 2024. (_g-L. 62 Planning and Zoning Agenda Statement Meeting Date: September 3, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2024-019: Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of The Point Subdivision, Tract A; Located at 1823 Nash Road; Creating The Point Subdivision No. 2, Tract Al and Lots 1 & 2 Background and justification: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary replat submitted by OLV LLC. The tract of land being subdivided is partially located within city limits and partially without city limits The proposed plat will create one tract of land for the portion that is located within city limits, calling it Tract Al . The portion of land outside city limits will be divided into two lots. Seward City Code §16.01.015(A) states that "No preliminary or final plat for the subdivision or resubdivision of land located within the city limits shall be approved by the city unless all of the required improvements set forth in section 16.05.010 are provided for by the subdivider, owner, proprietor or developer in the manner described in sections 16.05.015." The Commission's review will focus primarily on Tract Al, the parcel of land located within city limits Tract Al is not being subdivided, rather it is only be separated from the portion of land that lies outside of city limits. Thus, a subdivision agreement will not be required with this plat. The Kenai Peninsula Borough has already assigned a separate tax parcel numbers of 14517008 for Tract Al inside city limits Tract Al will no longer front Nash Road and a new street address will need to be assigned. All of Tract Al, including Sawmill Creek on the east boundary, is located in the Seward Mapped Flood Data Area (SMFD) and all but the southern portion is within a mapped FEMA flood zone (AE). This is a special flood hazard area with a high risk of flooding. FEMA has determined that there is a 1 in 4 chance of flooding in this zone during a 30-year time frame. All home and business owners in a special flood hazard area with mortgages from federally regulated or insured lenders are required to buy flood insurance. Any development occurring within the flood zone will require additional permitting. All conditions required by Seward City Code §16.01.015(C), Conditions to plat approval, were met. The property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage. 63 In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. Subdivision Review: Zoning: The property is currently zoned Industrial (I). Size: Tract Al will be 14.81 acres. Utilities: The lot has access to electric but does not have access to city water and sewer. The current use of the property is a dry, RV camper park. Since the lot is more than 200 feet away from a city sewer line, SCC 14.20.025 allows for an on -site sewage disposal system. Installing a well would require City Council approval. Existing Use: The parcel is utilized as a dry, RV camper park and parking lot. Access: Tract Al has access to both Riptide Lane, which connects to Nash Road and Undertow Avenue (which is an undeveloped ROW), which connects to Riptide Lane. Tract Al will no longer front Nash Road and new street addresses will need to be assigned. Flood Zone: According to the Kenai Peninsula Borough Floodplain map, all of Tract Al, including Sawmill Creek on the east boundary, is located in the Seward Mapped Flood Data Area (SMFD) and all but the southern portion is within a mapped FEMA flood zone (AE). Any development within this area would require a floodplain permit. 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." Strategic Plan: N/A 1 Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X 64 Public Comment Property owners within three hundred (300) feet of the proposed platting action 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. The Commission is required to provide a recommendation to the Kenai Peninsula Borough to approve this preliminary plat if they feel it has met the requirements in Seward City Code Title 15 & 16. 65 Sponsored by: Applicant Public Hearing: September 3, 2024 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-019 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF THE POINT SUBDIVISION, TRACT A; LOCATED AT 1823 NASH ROAD; CREATING THE POINT SUBDIVISION NO. 2, TRACT Al AND LOTS 1 & 2 WHEREAS, OLV LLC has submitted a preliminary plat for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the parcel being subdivided is located at 1823 Nash Road; and WHEREAS, the current parcel is one tract of land, Tract A, 14.81 acres of which is located within city limits, and 6.19 acres is located outside of city limits; and WHEREAS, the proposed plat will subdivide the tract into three parcels, Tract Al which will be located entirely within city limits, and Lot 1 & 2 which will be located outside of city limits; and WHEREAS, the Seward Planning and Zoning Commission's review will focus on the parcel that is located within city limits, Tract Al; and WHEREAS, Tract Al is not being subdivided, only separated from the portion of land outside city limits and therefore is not required to have a subdivision agreement; and WHEREAS, the Kenai Peninsula Borough has already assigned a separate tax parcel number of 14517008 for Tract Al inside city limits; and WHEREAS, Tract Al will no longer front Nash Road and a new street address will need to be assigned; and WHEREAS, Tract Al is currently zoned Industrial (I); and WHEREAS, the size of Tract Al meets the required minimum lot size and lot width for the Industrial zoning district; and WHEREAS, all of Tract Al including Sawmill Creek on the eastern boundary, is located in the Seward Mapped Flood Data Area (SMFD), and all but the southern portion of Tract Al is located within an AE flood zone; and 66 CITY OF SEWARD, ALASKA RESOLUTION 2024-019 WHEREAS, any development within the AE and SMFDA flood zones would require additional permitting; and and WHEREAS, Tract Al is the location of a RV camper park and will remain as such; and WHEREAS, the lots which are to be further developed are located outside of city limits; WHEREAS, the distance to connect to city water and sewer is not feasible; and WHEREAS, if Tract Al were to be further subdivided and developed in the future, the subdivider would be required to obtain a Conditional Use Permit for a Planned Unit Development to install wells; and WHEREAS, due to the above factors, a subdivision agreement will not be required with this plat; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals within the City of Seward. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The Commission hereby recommends that, in accordance with Seward City Code Section 16.01.015 (B), the Kenai Peninsula Borough approve the submittal of the preliminary plat of The Point Subdivision, Tract A with the clarification of the flood zones; Located at 1823 Nash Road; Creating The Point Subdivision No. 2, Tract Al and Lots 1 & 2. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of September, 2024. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair 67 CITY OF SEWARD, ALASKA RESOLUTION 2024-019 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 68 Context Map Multi -family Residential I. Industrial Resource Management City Limits Preliminary Plat Application Property Map RES 2024-019 - Preliminary Plat for The Point Subdivision, Tract A; Creating The Point Subdivision No. 2, Tract Al and Lots 1 & 2 Location: 1823 Nash Road Parcel #: 14517008 69 Context Map Tract Al City Limits 500 feet Preliminary Plat Application: Proposed Subdivision Graphic RES 2024-019 - Preliminary Plat for The Point Subdivision, Tract A; Creating The Point Subdivision No. 2, Tract Al and Lots 1 & 2 Location: 1823 Nash Road Parcel #: 14517008 Context Map AE Flood Zone VE Flood Zone City Limits 500 feet Preliminary Plat Application: Floodplain Map RES 2024-019 - Preliminary Plat for The Point Subdivision, Tract A; Creating The Point Subdivision No. 2, Tract Al and Lots 1 & 2 Location: 1823 Nash Road Parcel #: 14517008 71 22 SEWA 34a VICINITY 1" = 1 mile MAP NOTES The Point Subdivision lli Preliminary Pat A Subdivision of Tract A The Point Subd., SWD 2020-10. Located in the SW1/4 Section 36, T1N, R1W, & the NE 1/4 Section 1, (within the City of Seward),T1S, R1W, SM, Seward, Alaska Seward Recording District Kenai Peninsula Borough Prepared for Zimmerman Investments, LLC 33318 Bear Lake Rd. Seward, AK 99664 SCALE 1" = 200' 18 June, 2024 1. FOR PORTION OUTSIDE CITY LIMITS ONLY : A building setback of 20' from all street ROWs is required unless a lesser standard is approved by a resolution of the appropriate planning commission. Front 10' adjacent to rights of way and 20' within 5' of side lot line are granted by this plat as utility easements. 2. No permanent structure shall be constructed or placed within a utility easement which would interfere with the ability of a utility to use the easement. 3. No access to state maintained ROWs permitted unless approved by the State of Alaska. Dept. of Transportation. 4. Contour interval 5'. Shaded areas indicate grades over 25%. �1c — indictes swamp Lot 4 SWD 85-19 33' section line easement Sect 36 W 1 16 50' section line easement Sect 1 Gov Lot 2 FLOOD HAZARDS NOTICE Some or all of the property shown on this plat has been designated by FEMA and the Kenai Peninsula Borough Seward Mapped Flood Data Area as a flood hazard area district as of the date this plat is recorded with District Recorder's Office. Subdivision is located within the Seward Mapped Flood Data Area and within the flood zone AE as per FEMA MAP Panel #02122C-4544E, 02122C-4563D, and 02122C-5007E. Development Must Comply with City of Seward Floodplain Management Rgulations. A survey to determine the elevation of the property may be required prior to development and the Kenai Borough Borough Floodplain Administrator should be contacted for current information and regulations. Development Must comply with chapter 21.06 of the Kenai Peninsula Borough Code. Deed Lot SWD 2013-001046-0 89° 59'07" E 439.39' UNDERTOW AVE. 30' ROW 10' utility easement Tract Al 14.81 ac. N 84° 26'51" W 74 ATS 174 Resurrection 4 / p`L 60- city limits N 89° 59'07" W r5.4.2.20' Lot 2 Prepared by Johnson Surveying P.O. Box 27 Clam Gulch, Ak 99568 AREA = 20.996 acres ./ 20' building .\\ setback line 10' utility easement \`. \\; 2.00 ac. MEMOS Bay 00, co N lo N N Lot 1 4.156 ac. / Tract B SWD 2020-10 Unsubd. Sect 36 1/4 corner esmt Sect 1 72 Community Development/ Planning & Zoning 410 Adams Street, Seward, Alaska 99664 '{907) 224-4049 • (907} 224-4020 or email: planningCacityofseward,net PRELIMINARY PLAT SUBMITTAL FORM PRELIMINARY PLAT REVISED PRELIMINARY PLAT (no fee required) PHASED PRELIMINARY PLATQPRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed. The Point Subdivision No. 2 PROPERTY INFORMATION: legal description Tract A The Point Subdivision Section, Township, Range Section 36 Ti N R1W, Section 1 Ti S R1W Siff General area description Seward Nash Road City Seward Total Acreage 20.996 SURVEYOR Company: Johnson Surveying Mailing Address: P.O. Box 27 Phone: (907) 262-5772 Contact Person: Jerry Johnson City, state, zip Clam Gulch, AK 99568 e-mail: iohnsonsurveyinq tat hotmail.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER ✓ on siteDCity WATERQon site❑City SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planning and boning meeting after a complete application has been received. D✓ Electronic file of Plat and ['Preliminary plat NON-REFUNDABLE submittal fee $200.00- QCertificate to plat for ALL parcels included in the subdivision ['Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.} n Public Notice Sign(s} Posted on property - City staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 2. 3. APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individual(s) signing. Contact KPB staff for clarification if needed. OWNER(s) Phone: 9 : yy/. is / Name (printed): oz. , /V L L4..— Phone: e-mail: Signature• Mer/. #[Asi.61- P.r M•Cervi AIAA4I /bAi 1 e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED Receipt II 73 The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the following; 1. Within the title block: Not applicable to my plat. The required information has been shown/noted. a. Name of the subdivision which shall not be the same as an existing city, town, tract, or subdivision of land in the borough, of which a plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion; b. Legal description, location, date, and total area in acres of the proposed subdivision; and c. Name and address of owner(s), as shown on the KPB records and the certificate to plat, and registered land surveyor; / �// 2. North point; , / V 3. The location, width and name of existing or platted streets and public ways, railroad rights -of -way, and other important features such as section lines or political subdivisions or municipal corporation boundaries abutting the subdivision; / 4. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation, township and range, section lines, roads, political boundaries, and prominent natural and manmade features, such as shorelines or streams; 5. All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purposes, conditions, or limitations of reservations that could affect the subdivision; 6. The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision; / %/ 7. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the adjacent land is not subdivided; / ✓ 8. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if applicable; 9. Approximate locations of areas subject to tidal inundation and the mean high water line; 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; / ✓ 11. The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto / 12. Contours at suitable intervals when any roads are to be dedicated unless the planning director or commission finds evidence that road grades will not exceed 6 percent on arterial streets, and 10 percent on other streets; 13. Approximate locations of slopes over 20 percent in grade and if contours are shown, the areas of the contours that exceed 20 percent grade shall be clearly labeled as such; ',/ 14. Apparent encroachments, with a statement indicating how the encroachments will be resolved prior to final plat approval / ✓/ Subdivision Name: .11e I c d S t,t_t00tt V i ‘1 C' # t -, Date 0e/09 i-L4 74 First American Title' Guarantee Subdivision Guarantee Issued by First American Title Insurance Company GUARANTEE NUMBER 5033602-0229-4182870 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. FIRST AMERICAN TITLE INSURANCE COMPANY By: Kenneth D. DeGiorgio, President By - Lisa W. Cornehl, Secretary This jacket was created electronically and constitutes an original document First American Title Insurance Company ovNalualv‘t Dustyn Fergus, Title Officer Form 5033602 (4-10-18) Page 1 of 8 CLTA 14 Subdivision Guarantee (4-10-75) Alaska 75 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, hens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. (b) 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all Form 5033602 (4-10-18) Page 2 of 8 CLTA 14 Subdivision Guarantee (4-10-75)P Alaska 76 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the (a) 7. 8. indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by Form 5033602 (4-10-18) Page 3 of 8 CLTA 14 Subdivision Guarantee (4-10-75) Alaska 77 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. (c) 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may indude, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707 Claims. NICCnlfirstam.com Phone: 888-632- 1642 Fax: 877-804-7606 Form 5033602 (4-10-18) Page 4 of 8 CLTA 14 Subdivision Guarantee (4-10-75) Alaska 78 First American Title' Schedule A Subdivision Guarantee ISSUED SY First American Title Insurance Company GUARANTEE NUMBER 4182870 Order No.: 4182870 Liability: $1.,000.00 Name of Assured: Johnson Surveying Date of Guarantee: July 08, 2024 The assurances referred to on the face page hereof are: 1. Title is vested in: Fee: $500.00 Tax: $N/A Mark C. Nelson, a married person, as to a 35% undivided interest; and OLV, LLC, an Alaska limited liability company, as to a 50% undivided interest; and Philip Zimmerman, a married person, as to a 15% undivided interest 2. That, according to the Public Records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee: A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. B. Water rights, claims or title to water. C. Tax Deeds to the State of Alaska. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of A.S. Section 38.04.045 and A.S. Chapter 40.15., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. 6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. Form 5033502 (4-10-18) Page 5 of 8 CLTA 14 Subdivision Guarantee (4-10-75) Alaska 79 First American Title' Schedule B Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 4182870 File No.: 0229-4182870 RECORD MATTERS 7. Reservations or exceptions in patents or in acts authorizing the issuance thereof, 8. Taxes and/or Assessments, if any, due The Kenai Peninsula Borough and The City of Seward. 9. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high and low water mark of Resurrection Bay and Sawmill Creek. 10. Any question that may arise due to the shifting and/or changing in the course of Sawmill Creek. 11. Any adverse claim based upon the assertion that some portion of said land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created. 12. Any preference rights which may exist under the Alaska Land Act, terms, provisions and reservations under the Submerged Lands Act (43 USCA 1301, 67 Stat. 29) and the enabling act (Public Law 85- 508, 72 Stat. 339), 13. Terms, provisions and reservations under the Submerged Land Act (43 U.S.C.A. Sections 1301 through 1311) and the rights of the United States of America to regulate commerce, navigation, flood control, fishing and production of power. 14. Any prohibition or limitation on the use, occupancy or improvements of the land resulting from the right of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 15. Right of Way Easement, including the terms and provisions thereof, granted to City of Seward, and its assigns and/or successors in interest, to construct, operate and maintain an electric transmission and/or telephone distribution line or system by instrument Recorded: March 15, 1967 Recording Information: Affects: Book 44R Page 51 Portion as delineated in instrument 16. Easement, including terms and conditions contained therein: Granted to: Alaskan Barge & Salvage, Inc. For: Easement for Access to Adjacent Government Lot 1 Recorded: August 31, 1981 Recording Information: Book 24 Page 170 Form 5033602 (4-10-18) Page 6 of 8 CLTA 14 Subdivision Guarantee (4-10-75) Alaska 80 17. Interagency Land Managment Transfer Amended ADL No. 52363 including the terms and provisions thereof: Dated: September 2, 1986 Recorded: November 6, 1986, Book 45 Page 301 Executed by: State of Alaska, Division of Land Water Management 18. All matters, including dedications, notes, restrictions and easements shown or disclosed by Record of Survey 2014-15RS recorded June 10, 2014. 19. Conditional Use Permit, including the terms and conditions thereof: For: Recorded: Recording Information: Operate a Campground, Camper/RV Park May 30, 2017 Serial Number 2017-000543-0 20. Easements as dedicated and shown on the plat of said subdivision. (Copy Attached) 21. The effect of the notes which appear on the plat of said subdivision. (Copy Attached) 22. Any loss or damage to the title of any mobile home or temporary buildings/structures located on said premises. Form 5033602 (4-10-18) Page 7 of 8 CLTA 14 Subdivision Guarantee (4-10-75) Alaska 81 FirstAmerican 7it1eT�" Schedule C Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 4182870 File No.; 0229-4182870 The land in the Recording District of Seward, State of Alaska, described as follows: Tract A, THE POINT SUBDIVISION, according to the official plat thereof, filed under Plat Number 2020-10, Records of the Seward Recording District, Third Judicial District, State of Alaska. Form 5033602 (4-10-18) Page 8 of 8 CLTA 14 Subdivision Guarantee (4-10-75) Alaska 82 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, [ 7 ieval LQnrig,\ , 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 01S R O1W Sec 01 Seward Meridian SW 2020010 The Point Subdivision, Tract A, That Point Thereof Lying Within the Seward City Limits; physical address 1823 Nash Road, the owners of which have petitioned for a Public Hearing to replat The Point Subdivision, Tract A creating The Point Subdivision No. 2, Tract Al (within city limits) and Lots 1 & 2 (outside of city limits). The notice was posted on fur use- t.`t, god, -{ , which is /5 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 l7-day of 83 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE CLa „ erc v\fr\ , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on us+ I' 1 t 2ozy she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of T 01S R 01W Sec 01 Seward Meridian SW 2020010 The Point Subdivision, Tract A, That Point Thereof Lying Within the Seward City Limits; physical address 1823 Nash Road, as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this ) 7' day o 2024. 84 Meeting Date: To: From: Subject: Changing the date of the Planning & Zoning Commission's October work session. Planning and Zoning Memorandum September 3, 2024 Planning and Zoning Commission Daniel Meuninck, Community Development Director Background and justification: City Council will be hosting several work sessions in the fall to discuss the city's budget. One of their work session dates conflicts with the Commission's October work session date on October 22nd, 2024. As to not have conflicting work sessions where members of the public who might be interested in attending both work sessions would have to decide which work session to attend, we are proposing the following options to move the October work session date. The options are listed in chronological order. • Option 1: Tuesday, October 8th at 5:30pm. — This date would align with the same date as the October regular meeting of the Planning & Zoning Commission. The work session would be held at 5:30pm with an adjournment time of no later than 6:45pm followed by the regular meeting at 7:OOpm. • Option 2: Wednesday, October 23rd at 6:00pm. — This would be the Wednesday following the currently scheduled work session date. • Option 3: Tuesday, October 29th at 6:00pm. — This would push the work session back one week. Normally, this would create only a one -week gap between the work session and the next month's meeting date. However, due to the Tuesday, November 6th election, the Commission had already decided to push back their November meeting to Tuesday, November 19th If the regular meeting agenda on Tuesday, October 8th was light, administrative was already planning on asking the Commission if they would be open to having a work session prior to the regular meeting to discuss the Police Station site plan. With the number of topics we are hoping the Commission to discuss this fall, administration recommends two work sessions for the month of October: one on October 8th to discuss the Police Station site plan and another utilizing Options 2 or 3 to continue the Housing or Marijuana Establishment topics. 85