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HomeMy WebLinkAbout09172024 Planning & Zoning Work Session PacketPlanning & Zoning Commission Work Session Packet Work Session Tuesday, September 17, 2024 Council Chambers, City Hall 6.• 00 p.m. The City of Seward, Alaska SEWARD PLANNING AND ZONING COMMISSION WORK SESSION AGENDA September 17, 2024 Carol Griswold Chair Term February, 2027 Brenan Hornseth Vice Chair Term February, 2025 Nathaniel Charbonneau Commissioner Term February, 2027 Vanessa Verhey Commissioner Term February, 2026 Sean Ulman Commissioner Term February, 2025 Rhonda Hubbard Commissioner Term February, 2025 Clare Sullivan Commissioner Term February, 2026 Daniel Meuninck Community Development Director Courtney Bringhurst City Planner Clara Brown Executive Planning Assistant Kris Peck City Clerk 6:00 p.m. 1) CALL TO ORDER 2) STAFF COMMENTS 3) DISCUSSION ITEMS Council Chambers a. Housing in Seward Presentation — Nicole Lawrence 4 b. Building Height Discussion — Fire Chief Crites20 c. Employer Housing Feedback... ... 25 d. Developer Reimbursement Program (DRP) Overview34 e. RurAL CAP Presentation ................................................ 64 f. SCC Title 15 — Portions of Code Pertinent to Housing... 82 g Short Term Rental Data... ... ..... 97 h. SCC Title 16 — Assessment Districts ........................... 99 i. Summary of Recent Accomplishments..............................103 4) ADJOURNMENT 2 OUTCOME GOALS FOR WORK SESSION 1) Provide the Commission with a wide base of information pertaining to the housing issues in Seward and allow time for Q&A and discussion with the members of the public who attend. 2) Present the Commission with the portions of SCC Title 15 and 16 that apply to housing and allow the Commission to discuss and determine what sections they would like to discuss further for potential adjustments. 3 Housing in Seward Presentation Nicole Lawrence Housing Issues Affecting Employment in Seward Supplement to Presentation to PACAB on 2/2/2022 Presented 4/3/24 to PACAB Nicole Lawrence of Seward Properties d Presented By: Nicole Lawrence 5 of Seward Properties *based off Seward Properties' rentals only Apartments (generally include utilities - very different layouts, size and amenities) Size Monthly Rental Rate 2022 Monthly Rental Rate 2024 1 bed $900 $1,025 +14% 2 bed $1,150 $1,600 +30% 3 bed $1,300 $1,700 +30% 4 bed $1,700 $2,100 +23.5% Houses (utilities are now (in 2024) generally additional and avg extra $300-$750/month depending on size - very different layouts, size and amenities) Size Monthly Rental Rate 2022 Monthly Rental Rate 2024 1 bed $1,100 $1,160 +14.5% 2 bed $1,250 $1,400 +12% 3 bed $1,500 $1,700 +13% 4+ bed $1,800 $2,100 6 +16% Summary of Seward Rental Rates Presented 4/3/24 to PACAB Nicole Lawrence of Seward Properties • In 2022, rental prices were only around 1 % higher than when we started property management back in 2011. Very little change over 10 years. • On average, in the past two years, rental rates increased 19%. I predicted 20% when I gave this presentation two years ago. • This is because home prices increased so dramatically from 2020 to 2022, thereby increasing mortgages, and if owners hold onto properties with higher mortgages, they tend to charge more in rent to cover those mortgages. • Apartments generally include heat so rent is a little higher to include this utility. • For houses, tenants typically pay the utilities. With the electric utility increase, utilities are a barrier for many renters looking for single family homes and further increases the cost of living. 1 What Can A Renter Afford? Presented 4/3/24 to PACAB Nicole Lawrence of Seward Properties It is recommended to spend 30% of your gross monthly income on housing • For a non income subsidized 1 bed apartment at $1025/month including utilities, a renter would need to make - $41,000/year o Income subsidized apartments (like Pacific Park) recuire that a single asplicant make less than 50% of the area median income (AIVI) for KPB which is $105,500 (2024). A single applicant could not make more than $36,500, in order to qualify. 2023 Income Limits Link • A non income subsidized 3 bed for a family would require an annual income of a p prox $68,000. o For a 3 bed income subsidized apartment, a family of four would need to make less than $52,100 to qualify. CHALLENGING FOR FAMILIES! Often cannot qualify for income subsidized. And very few non income subsidized 3 bedrooms apartments available. 8 * When calculatin: necessa income, this is calculated b housin • cost/.3 (30%) x 12 months Average financeable home price is around $400,000, currently. 1 *; ay. Seward "Sold" and "Days on Market" Residential Statistics • Days on Market fb Number Sold 100 75 —75 50 25 0 — 45 2018 2019 2020 2021 •c., 2:)22 2023 Presented 4/3/24 to PACAB Nicole Lawrence of Seward Properties *MLS stats • We usually sell on avg 42 homes per year and last year (2023) we only sold 24. • The major lack of inventory was due to many people not wanting to have to move into a home with a higher interest rate. Rates were at -8% in October 2023.i0 • Most homes in good shape and properly priced sell in 7 days or less. ?O?4 YTD 2023 2024 Change Sold 18 15 -20% Pending 18 19 5% Active 30 33 9% Median Sales Price $480,000 $385,000 -25% Though the price has come down this does not mean that the value of homes has gone down. They have appreciated in value and continue to do so. - The sales price change is only reflective of the fact that the home sold in 2024 are lower in value (i.e. older and smaller sized) What Can A BuyerAfford? AL AL For a house costing $400,000, with 5% down and 6.5% interest on a 30 year loan.. Presented 4/3/24 to PACAB Nicole Lawrence of Seward Properties lake S105 PMI S241 $2,402 * When calculating necessary income, this is calculated by monthly housing cost/.3 (30%) x 12 months Utilities Housing Cost $5501month — $3,400/month 1 6 000 oar 12 WHO'S BUYING? OWNER OCCUPIED 419/6 of ALL B u er'S were 1st time Buyers LONG-TERM RENTAL INVESTMENT SECOND HOME VACATION RENTAL I NV E TM E NT 13 Based off Seward Prc pertf es' clients who purchla eci reti1eriti aI property 2119- pre se rit Summary of Seward Residential Sales Presented 4/3/24 to PACAB Nicole Lawrence of Seward Properties • Interest rates make a huge difference in what a buyer can afford. • At current interest rates, buyers may be spending more than 30% of their income on housing which leaves less flexible spending. • Buying is less affordable than renting in some cases. • Homes in Seward continue to appreciate in value by around 5% per year. • Homes DO sell for less than $400,000 - that is just the current average. • There is hope! We had a first time home buyer event in 2023 and within six months, five of the attendees owned their first home. Market Trends for Land in Seward utMe Cfty Umft 2023 «$llO,OOO/acre hiMe Cfty LnMt' 2023 #$110,000/Iot Presented 4/3/24 to PACAB Nicole Lawrence of Seward Properties • These numbers are averages and depend on many variables including location, elevation, ease of utility installs, flood zone, etc. • New Seward Hilltop Properties Sub will open up 77 more parcels for development 15 but this takes time to affect our housing needs, which continue to grow. Total Cost to Build • Q,QQO $25.gp An average acre is - - 1 10r000. Similar prices for .07 acre lot downtown or .3 acre lot near schools. ota 1 Wells are usua.] Iy S1 O,UOG.. Septics are around $1 2 DQO. Electric can be It can cost much more depending on elevation. Inside City can be significantly more. Cos Building costs are $ 50- $ 300/s q ft. For a 00 sq ft home it would cost $330r000. 25% down required What Has Been Done in Past Two Years? More Houses/Land & Builders Presented 4/3/24 to PACAB Nicole Lawrence of Seward Properties City supported utility development to the new Hilltop Properties Subdivision City Enforcement City enforced new rules on primary residential zoning to not allow for NEW nightly lodging permits (R1, R2, RR and UR) - We have seen a change in the marketability of these properties that once allowed for nightly lodging but now do not. More Multi-Plexes - Some employers building mutiplexes for their employees which opens up the housing market in Seward for more year-round renters (Major Marine Tours, ZPA LLC, Kayak Adventures Worldwide, etc) Possible Solutions? Presented 4/3/24 to PACAB Nicole Lawrence of Seward Properties - More Houses/Land & Builders - Support making City land available for developing - Fort Raymond, etc - Support expanding utilities to make building more affordable in more areas - Getting developers who can add consistent & quality housing to the market at a rate to up witi demand Most of our builders are at capacity and often 6 months to a year out - Home buyer assistance program through the City - Allow for more tiny/small homes on R1 lots keep - City Enforcement - Don't allow nightly rentals in areas not zoned for it - Incentivize/Enforcing building to happen sooner on lots inside City limits - especially ones sold by the City - Prioritize City lots going to locals instead of out of town folks who don't build - More Multiplexes - Not low income but quality multiplexes with different sized apartments = 3 bed - Rezone R3 to not allow nightly rentals so that multiplexes don't become nightly lodging - Change parking requirements and/or lot size requirements (ie 414 5th) 18 Sever Prpers S1LES " RENTALS • MANAEM EMT Questions? Presented By: Nicole Lawrence 19 Building Height Discussion Fire Chief Crites Seward City Code 15.10.220 Development requirements. B. Building height. The purpose of building height standards is to prevent loss of life or excessive property damage through the inability of the City fire department to reach upper stories or roofs and to help maintain the character of neighborhoods. (Supp. No. 28-1) Created: 2024-08-06 13:39:31 [EST] Page 1 of 1 21 Building Height Restrictions in Other Communities: Juneau Zoning districts Height Allowance Description Rural Reserve (RR) 45' Rural Reserve: public ownership, conservation, future community growth, etc Residential (D's) 35' Range of residential from more low to high density Mixed Use (MU2) 45' (with payment of 5 bonus points*) Mixed use with higher emphasis on residential development Mixed Use (MU3) 35' Mixed use with greater emphasis on the integration of small-scall commercial uses within high -density residential structures Commercial (NC) 35 Neighborhood commercial C Commercial (LC) 45' Light commercial Commercial (GC) 55' General commercial Industrial None Waterfront - Commercial 35' Waterfront - Industrial 45' *Bonus Points: Juneau has a 'bonus policy' which awards developers a certain amount of bonus points for specific types of development. Then, those bonus points can be used to be granted the allowance to build a taller structure. 22 Cordova Zoning districts Height Allowance Description Conservation (C) 35' Parks and Open Space 20' Unrestricted (UR) 35' Residential (low density) 35' Residential (medium density) 45' Residential (high density) None Subject to approval by planning commission to determine that there are no significant scenic obstructions Business 50' Industrial None Waterfront Industrial 50' Waterfront Historic 75' (principal) 50' accessory Public Lands and Institutions None Waterfront Commercial Park 30' (principal) 20' accessory Accessory Buildings 20' Agriculture buildings 50' Homer Zoning districts Height Allowance Description Residential (low -high density) 35' Medical District 35' Business 35' Town Center 35'* height may exceed 35' with the approval of a CUP General Commercial 1 35' General Commercial 2 35'* buildings up to 55' may be approved with a CUP Mixed use 35'* buildings solely for commercial purposes may be built up to 75' with an approved CUP Marine Commercial 35' 23 Kenai Zoning districts Height Allowance Description All Districts 35' Seldovia Zoning districts Height Allowance Description Residential 28' Industrial 35' Commercial 28' Valdez Zoning districts Height Allowance Description Residential (low density) 35' Residential (high density) 40' Mixed use 40' Business / Commercial 40' Waterfront Industrial 40' Light Industrial 40' Heavy Industrial None Airport None Public Lands 40' Whittier Zoning districts Height Allowance Description Residential 40' Commercial 40' Industrial 60' Boat Harbor 40' 24 Employer Housing Feedback The Alaska SeaLife Center generates and shares scientific knowledge to promote understanding and stewardship of Alaska's marine ecosystems. www.alaskasealife.org September 6, 2024 C. F. (Chip) Arnold IV Chief Operating Officer Alaska SeaLife Center 301 Railway Avenue, P.O. Box 1329 Seward, AK 99664 907.362.2279 Mr. Daniel P. Meuninck Community Development Director Seward, Alaska 907.224.4048 RE: Housing Concerns Affecting the Alaska SeaLife Center Dear Mr. Meuninck The severe housing shortage in Seward impedes the ability of The Alaska SeaLife Center (ASLC) to recruit top talent. Over the past 26 years, this issue has forced us to settle for Tess qualified candidates simply because they can access to housing or can work remotely from other areas of Alaska. The scarcity of affordable housing also limits our ability to hire interns and seasonal employees, especially during the busy summer months. This has detrimental impact on our operations, both in our capacity building capabilities as well as the time investment from our staff to mediate the gap. Our HR team spends significant time assisting employees with housing, often searching for temporary solutions like house-sitting or short-term rentals until long-term accommodations become available. These options, including housing for interns in the summer through AVTECH, are unreliable and uncertain. The persistence of this issue directly hampers our planning and growth. Addressing the lack of affordable single-family, and multi -family homes, apartment complexes, and studio apartments is not only crucial for ASLC but for the broader Seward community. Immediate action that includes developing affordable year-round housing, reducing the number of short-term rentals, and supporting rental and ownership opportunities, will ensure that Seward is an equitable and thriving community. We appreciate your attention to this critical need and look forward to working with you to build a thriving Seward. Sincerely, C. F. (Chip) Arnold IV Chief Operating Officer Alaska SeaLife Center 301 Railway Avenue • P.O. Box 1329 • Seward, Alaska 99664-1329 • Phone (907) 224-6300 • Fax (90756224-6320 September 5, 2024 Dear Mr. Meuninck, KENAI PENINSULA BOROUGH SCHOOL DISTRICT Human Resources Department 148 North Binkley Street Soldotna, Alaska 99669 Phone (907) 714-8888 Fax (907) 262-9645 The ongoing challenge of affordable housing for teachers and school staff in Seward has become a pressing issue. This concern affects both current educators and prospective employees, making it difficult for the District to attract and retain the quality staff essential for student success. Over the past few years, the impact of the housing crisis has been significant. In the 2022-2023 school year, four teaching positions were turned down due to housing difficulties. This was followed by six positions turned down in the 2023-2024 school year, and so far in the 2024-2025 school year, three positions have been declined. Many residents, including all three of the District's principals, face similar challenges and currently do not live in permanent housing. Some individuals have to get creative with their living arrangements. Seasonal housing options are often available, but their move -in and move -out dates frequently do not align with the school year, forcing people to constantly relocate. Others live in trailers, campers, or fifth wheels, but finding a place to park these mobile homes —where they are protected from the elements —can be as costly as traditional rent. Additionally, the expense of heating these mobile homes adds further financial strain. This situation disrupts the District's ability to maintain stable staffing and discourages talented individuals from joining the community. Educators are vital to the community, and it is crucial that they have access to affordable housing. The current lack of options burdens them financially and impacts their ability to fully focus on their roles. When the District's schools thrive, so does the community. Quality education attracts families, supports local businesses, and creates a positive environment where everyone benefits. Ensuring that educators have stable and affordable housing is key to building a stronger, more vibrant Seward. Addressing this challenge and exploring solutions that will make a real difference for educators is a crucial step. The proactive approach in initiating this discussion demonstrates a strong commitment to supporting the schools and the community. Considering practical solutions, such as increasing affordable housing units, exploring partnerships for dedicated educator housing, or improving options for mobile housing, is essential. By prioritizing this issue, the District will take an important step toward enhancing the quality of life in Seward. Thank you for your dedication and attention to this matter. Sincerely, Nate Crabtree, Executive Director of Human Resources Kenai Peninsula Borough School District 27 AVTEC • The housing market in Seward has affected AVTEC to the point where we have set aside one former student apartment building to house new employees to help ease them into finding housing in Seward they can afford. It has hampered our ability to find employees with specific hard to find skill sets, especially with regards to instructor positions. Without instructors in a specific program, we then cannot hold training in that program. We also have challenges in finding adjunct instructors to give us the flexibility of `having a bench' should a primary instructor be out for an extended period of time. • I think any type of housing would be helpful, however, most helpful would be single family homes. • We do not currently have any unfilled positions due to a lack of housing at this present time. That situation ebbs and flows, and it's also hard to measure because we don't know how many applicants, we lose due to the housing issue. There is no metric that we can collect that tells us why someone doesn't apply for a position. • Yes, I have offered advice on finding housing. We have also allowed employees who are single split the rent and jointly occupy an apartment so they could become affordable. I have benefited from employees at AVTEC assisting me in finding housing. I worked at AVTEC and lived in Chugiak for nearly 2 years before I found a home to purchase in Seward 15 months ago. -Johnny Provost, Operations Manager 28 Kenai Fjords National Park "The park hires about 30-seasonal employees each summer season. The park has 7-beds in 3-dry cabins at Exit Glacier, and 11-beds in 4-leased apartments in town for a total of 18-beds. A couple of my colleagues would argue that we have a shortage of housing for our needs, but from my perspective we have the appropriate amount. My perspective comes from observing 1-3 vacant beds every year in our housing over the last decade. Also, as the Facility Manager here for 15+ years, I am very mindful of the total cost of ownership with any new construction. Kenai Fjords National Park also has a unique hiring authority, "Local Hire", which allows us to select people already living in the community who have housing without having to compete on a national scale for our seasonal jobs. Perhaps this model (hiring locals) should be more widely considered as a way to mitigate a "housing crisis" or at least should be part of your discussion/inquiry with major employers in Seward. We have 33 permanent employees and 33 seasonal employees (recounted with interns). We use Local Hiring authority for both seasonal and permanent employees. We have not had trouble filling vacant positions, that can be directly attributed to housing." -Kirk DesErmia, Facility Manager, Kenai Fjords National Park 29 SeaView Impact of Seward's Housing Crisis on SeaView Community Services' Capacity to Meet Behavioral Health Needs Introduction SeaView Community Services, a key provider of behavioral health services in Seward, Alaska, plays a crucial role in supporting the mental health and well-being of our community. However, like many employers in the region, SeaView is facing substantial challenges in recruitment and retention of staff, which are directly related to the ongoing housing crisis in Seward. This housing shortage is severely impacting our ability to meet the growing needs of the community, particularly for vulnerable populations such as high -risk youth and individuals struggling with substance use disorders. The following report outlines the specific housing challenges faced by SeaView and the resulting implications for service delivery, workforce stability, and the broader health of the Seward community. Housing Challenges and Their Impact on Recruitment and Retention Over the past two years, SeaView Community Services has seen a troubling trend in employee turnover and unfilled positions, with housing availability and affordability as the primary drivers of these issues. Below are the most pressing concerns: 1. Housing Availability: o Limited Long -Term Housing: Housing in Seward, especially during the summer months, is scarce. Many employees who are relocating to Seward for a position find it difficult to secure permanent housing, which has led to multiple instances where new hires had to rescind job offers. This instability significantly disrupts SeaView's operational capacity and impacts continuity of care for our clients. o Seasonal Housing Issues: Several staff members have secured temporary, seasonal housing in the fall, only to be forced to relocate by April or May when their lease expires. The short-term nature of housing availability prevents long- term employment commitments and creates a high level of uncertainty, further exacerbating staff turnover. 2. Affordability Concerns: o Housing affordability is another major barrier, particularly for direct care staff. With starting wages between $18-$20 per hour, direct care staff are frequently priced out of the local housing market. As of September 4, 2024, the average rental cost for an apartment in Seward is $1,456 per month, which represents approximately 46% of a direct care worker's income. This disproportionate expense creates undue financial stress, reducing the overall quality of life and contributing to job dissatisfaction. 30 SeaView o Professional -level employees, earning approximately $60,000 per year, also experience financial strain, with housing expenses consuming around 29% of their salary. These affordability issues detract from their ability to fully engage with their roles and serve the community effectively. 3. Specific Employee Housing Needs: o Single -Family Homes: There is a pressing need for single-family homes to attract and retain professional -level staff who relocate to Seward. These individuals, often with families, require stable, long-term housing options to make Seward a viable place for both personal and professional growth. o Affordable Apartments: Direct care staff, who form the backbone of SeaView's services, need affordable studio and one -bedroom apartments. These staff members often relocate to Seward for their positions and struggle to find suitable housing that fits within their financial means. Operational Impact on SeaView Community Services The housing crisis has a profound and direct impact on SeaView's ability to operate effectively and deliver essential services to the community. The inability to recruit and retain staff due to housing challenges limits the organization's capacity to expand services, particularly in critical areas like mental health, substance use disorder treatment, and support for high -risk youth. • Vacancies Due to Housing Issues: As of September 2024, SeaView has six vacant positions that could be filled if appropriate housing were available. Of these, three are key professional -level roles that have remained unfilled for over six months. These vacancies reduce our ability to expand services to high -risk populations, preventing us from increasing service delivery capacity and meeting the growing demand for behavioral health care in Seward. • Turnover Linked to Housing Challenges: Over the past two years, housing -related issues have contributed to the resignation of approximately 10 staff members. Additionally, in the past year, five prospective employees rescinded their job acceptances after being unable to secure housing. These repeated instances of turnover not only impact SeaView's internal operations but also negatively affect the clients we serve, leading to longer wait times and reduced continuity of care. • Temporary Housing Solutions: In response to the housing shortage, SeaView has taken steps to mitigate the impact by renting apartments to offer temporary employee housing. This measure provides newly relocated staff with a sense of security as they adjust to the community and search for long-term housing. However, this stopgap measure has limitations. Some employees remain in temporary housing for over six months, which limits our ability to offer the same housing to new recruits. Without this temporary solution, SeaView would have faced approximately 15 additional long-term vacancies over the past year. 31 SeaView Wider Implications for Community Behavioral Health Services The housing crisis does more than affect SeaView's internal operations —it has broader implications for the well-being of the community. SeaView plays a vital role in meeting the behavioral health needs of Seward's most vulnerable populations, and any reduction in service capacity has ripple effects across the community. • Impact on High -Risk Populations: The ongoing vacancies, particularly in key professional roles, restrict our ability to serve high -risk youth and individuals battling substance use disorders. These populations rely heavily on the support of qualified professionals to guide them through recovery and rehabilitation, and service delays can lead to worsening outcomes. • Staff Well -Being and Mental Health: Housing insecurity among staff also has a significant impact on their mental health. The stress of finding and maintaining stable housing, combined with high housing costs, detracts from employees' ability to focus on their work and maintain personal well-being. This situation creates a cyclical problem, where staff turnover leads to further strain on remaining employees, contributing to burnout and reducing the quality of care provided to clients. • Economic Impact on SeaView and the Community: The economic burden of Seward's housing crisis is felt not only by SeaView but also by the broader community. When staff leave due to housing difficulties, it places additional strain on an already limited workforce, reducing the economic stability of the region. Furthermore, SeaView's inability to fully staff its programs results in a reduction in the number of clients served, which impacts overall community health outcomes. Conclusion SeaView Community Services is at a critical juncture where the housing crisis in Seward threatens its ability to fulfill its mission of providing essential behavioral health services to the community. Without adequate and affordable housing, the organization cannot recruit and retain the staff needed to meet growing demands, particularly among high -risk populations. Addressing this housing crisis is not only a matter of improving SeaView's operational capacity but also ensuring that the community has access to the care and support it needs. The long-term health and well-being of Seward depend on a sustainable solution to the housing shortage, one that provides affordable, stable housing for the workers who serve this community every day. We urge the Commission to consider these significant challenges and work towards solutions that will help ensure that Seward remains a viable and supportive community for both its residents and its workforce. 32 City of Seward - Human Resources • Specific details of any housing concerns involving your organization and/or employees (availability/ affordability/etc.) • How those concerns affect your organization's ability to operate. I would say the City is highly concerned about the housing situation in Seward. We believe that the housing situation is effecting our ability to recruit and retain employees and is preventing us from filling positions in a timely manner. • What specific type of housing would benefit your current and prospective employees (Single family homes/apartment complexes/bunkhouses/studios/etc.) All forms of housing are very much in demand and needed. • If applicable, how many vacancies does your place employment have that you feel would otherwise be filled if finding housing was not a concern for your prospective employees? This is hard to quantify, but we do think there are many people who look into jobs with the city, see our openings, but then look and find that housing is either not available or not affordable. • Have you had to assist employees with finding housing and if so, what does that look like on your end? I have referred potential employees to local real estate agents. Other department heads have established connections with landlords that they try to tap into when potential hires come along. • Any other information or individual narratives you think would be relevant to this issue. I don't think so, but if I come up with anything I know how to get in touch with you. 33 Developer Reimbursement Program (DRP) Overview DEVELOPER REIMBURSEMENT PROGRAM APPLICATION INSTRUCTIONS • The City of Seward permits, when funds are available, developers to apply for reimbursement of the public utility installation costs when those costs are incurred as a result of a public improvement district assessment under Seward City Code. In order to be eligible for reimbursement, an applicant must complete this application and comply with all requirements listed in the Seward City Code and any related policies. Additionally, the application filing fee must be paid in full before this application may be accepted. Upon completion, please submit this application to the City Clerk. So long as the application is complete and the filing fee is paid in full, the City Clerk will send a Notice of Filing to the applicant and the City Manager within 10 days of receipt. The City Manager will, in turn, review the application and recommend approval or denial of the application to City Council within three regularly scheduled City Council meetings after the Notice of Filing has been issued. • PLEASE BE AWARE THAT A PERSON MAY ONLY BE ELIGIBLE FOR REIMBURSEMENT AFTER THE CREATION OF DISTRICT UNDER SEWARD CITY CODE CHAPTER 5.22 AND THE ASSESSMENT OF INSTALLATION COSTS UNDER THAT CHAPTER. • If you have any questions about this application, please contact the Community Development Director, Daniel Meuninck at 907-224-4048 or dmeuninck@cityofseward.net APPLICABLE DEFINITIONS For purposes of this application, the following terms, if used, have the following meanings and parameters: "Person" extends and applies to bodies politic and corporate, and to partnerships and associations, as well as to individuals. "Benefiting property" means area or zone which will directly benefit by a specific public utility extension. "Cost of extension" means the developer's actual direct cost of constructing a public utility extension. "Developer" means a property owner who is located within an improvement district subject to a special assessment. "Program Fund" means a fund created expressly to fund the reimbursement and incentive program. "Public improvement" means those improvements to or in connection with streets, sidewalks, parks, playgrounds, buildings, sewer systems, water systems, harbor facilities and any other real property or appurtenances thereof of the city used by the public. "Public utility" includes all common carriers in the public streets, water, sewage disposal, electric light, central heating, gas, electric power, telephone and telegraph lines and systems, garbage collection, garbage disposal and reduction plants, docks and such other and different enterprises as the law or the council may determine to be or designate as public utilities. "Local improvement" means those public improvements which are especially beneficial to the property affected and shall further include the abatement of such unsafe, unsightly, unhealthful or unsanitary conditions as the council shall determine to be a public nuisance. "Undeveloped land" means tracts or parcels of land that are not part of an existing improvement district and have no significant or substantial improvement, infrastructure, grading, or site development related to residential, commercial, or industrial uses or outstanding building permits. The provisions of this section specifically do not apply to tracts within the Seward Marine Industrial Complex (SMIC). 35 Developer Reimbursement .— J Program Application PLEASE BE AWARE THAT A PERSON MAY ONLY BE ELIGIBLE FOR REIMBURSEMENT AFTER THE CREATION OF DISTRICT UNDER SEWARD CITY CODE CHAPTER 5.22 AND THE ASSESSMENT OF INSTALLATION COSTS UNDER THAT CHAPTER. Name of Applicant: Legal Property Description: Seward, Alaska Name of Improvement District: Assessment Roll ID # ❑ I am registered with sam.gov Installation Cost Details & Request for Reimbursement A. Please provide a statement of the properties owned within the special improvement district and the total cost of the installation of the improvement to the developer. B. Please submit an itemized report, with supporting documentation, of the actual direct cost of the extension to the developer. Statement of Purpose & Disclosures A. Please provide a statement regarding the purpose and use of the property at issue and the ways in which the use promotes the public interest and complies with the city comprehensive plan. B. Please disclose any outstanding liabilities owed to any public utilities, contractors or other persons on or regarding the property at issue. C. Please disclose any violations of safety, health or land use laws applying to the subject property. Statement of Understanding Upon signing this application, the applicant acknowledges and agrees that City Council may reimburse all, none or a portion of the pro -rated share of the improvements under Title 5 up to 50% of the installation costs and the applicant accepts his, her or its obligation to pay his, her or its pro -rated share of those costs as identified on the assessment roll. As Applicant, I certify or declare under penalty of perjury under the laws of the State of Alaska that the foregoing is true and correct. APPLICANT SIGNATURE: DATE: Clerk Received (date & Initials) City Manager Date Community Development Received City Manager Date FOR OFFICE USE ONLY Submission Date Notice of Filing Date Finance Approval Date Planning & Zoning Meeting Date and Date Approved City Council Meeting Date and Date Approved IF APPROVED Finance amount and date of reimbursement 36 L E Sponsored by: Meszaros CITY OF SEWARD, ALASKA RESOLUTION 2019-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE REIMBURSEMENT INCENTIVE PROGRAM APPLICATION REQUIRED UNDER SEWARD CITY CODE CHAPTER 5.22 "DEVELOPER REIMBURSEMENT AND INCENTIVE PROGRAM" WHEREAS, City Council adopted Seward City Code Chapter 5.22, which authorizes Council to reimburse up to 50% of developer installation costs resulting from the installation of public utilities in improvement districts; and WHEREAS, SCC 5.22.030 requires that developers seeking reimbursement under this program submit an application; and WHEREAS, SCC 5.22.030 also requires that Council approve the application form drafted by the City Administration for use by program applicants. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Developer Reimbursement Incentive Application is approved in substantially the same form as submitted in Exhibit A. Section 2. This resolution shall take effect thirty (30) days upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9`h day of September, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor 37 CITY OF SEWARD, ALASKA RESOLUTION 2019-083 AYES: Horn, Lane, Towsley, Seese, McClure, Osenga, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: Bfenda J. Ba1lou,, MC City Clerk (City Seal) ..■oF°$.,,e�, ►` •' .-.._ fi47 • =� SEAL1 r r . , i . ....d• il.':491 o:::::ti‘itet''' 1 'summits t** 38 DEVELOPER REIMBURSEMENT INCENTIVE PROGRAM APPLICATION Instructions The City of Seward permits, when funds are available, developers to apply for reimbursement of the public utility installation costs when those costs are incurred as a result of a public improvement district assessment under Seward City Code. In order to be eligible for reimbursement, an applicant must complete this application and comply with all requirements listed in the Seward City Code and any related policies. Additionally, the application filing fee must be paid in full before this application may be accepted. Upon completion, please submit this application to the City Clerk. So long as the application is complete and the filing fee is paid in full, the City Clerk will send a Notice of Filing to the applicant and the City Manager within 10 days of receipt. The City Manager will, in turn, review the application and recommend approval or denial of the application to City Council within three regularly scheduled City Council meetings after the Notice of Filing has been issued. PLEASE BE AWARE THAT A PERSON MAY ONLY BE ELIGIBLE FOR REIMBURSEMENT AFTER THE CREATION OF DISTRICT UNDER SEWARD CITY CODE CHAPTER 5.22 AND THE ASSESSMENT OF INSTALLATION COSTS UNDER THAT CHAPTER. If you have any questions about this application, please contact the Public Works Director at the following address: Insert Address and Contact I. APPLICABLE DEFINITIONS For purposes of this application, the following terms, if used, have the following meanings and parameters: "Person" extends and applies to bodies politic and corporate, and to partnerships and associations, as well as to individuals. "Benefiting property" means area or zone which will directly benefit by a specific public utility extension. "Cost of extension" means the developer's actual direct cost of constructing a public utility extension. "Developer" means a property owner who is located within an improvement district subject to a special assessment. "Program Fund" means a fund created expressly to fund the reimbursement and incentive program. "Public improvement" means those improvements to or in connection with streets, sidewalks, parks, playgrounds, buildings, sewer systems, water systems, harbor facilities and any other real property or appurtenances thereof of the city used by the public. "Public utility" includes all common carriers in the public streets, water, sewage disposal, electric light, central heating, gas, electric power, telephone and telegraph lines and systems, garbage collection, 39 garbage disposal and reduction plants, docks and such other and different enterprises as the law or the council may determine to be or designate as public utilities. "Local improvement" means those public improvements which are specially beneficial to the property affected and shall further include the abatement of such unsafe, unsightly, unhealthful or unsanitary conditions as the council shall determine to be a public nuisance. "Undeveloped land" means tracts or parcels of land that are not part of an existing improvement district and have no significant or substantial improvement, infrastructure, grading, or site development related to residential, commercial, or industrial uses or outstanding building permits. The provisions of this section specifically do not apply to tracts within the Seward Marine Industrial Complex (SMIC). II. GENERAL INFORMATION A. NAME OF APPLICANT: B. LEGAL PROPERTY DESCRIPTION: C. NAME OF IMPROVEMENT DISTRICT AND ASSESSMENT ROLL IDENTIFICATION NO.: III. INSTALLATION COST DETAILS AND REQUEST FOR REIMBURSEMENT A. Please provide a statement of the properties owned within the special improvement district and the total cost of the installation of the improvement to the developer. B. Please submit an itemized report, with supporting documentation, of the actual direct cost of the extension to the developer. IV. STATEMENT OF PURPOSE & DISCLOSURES A. Please provide a statement regarding the purpose and use of the property at issue and the ways in which the use promotes the public interest and complies with the city comprehensive plan. B. Please disclose any outstanding liabilities owed to any public utilities, contractors or other persons on or regarding the property at issue. C. Please disclose any violations of safety, health or land use laws applying to the subject property. 1 40 Agenda Statement Meeting Date: September 9, 2019 To: City Council Through: City Manager Scott Meszaros�_ From: Holly Wells, City Attorney Agenda Item: Resolution 2019-083, Developer Reimbursement Application Form Approval BACKGROUND & JUSTIFICATION: The Seward City Council recently instructed the City Manager and his administrative team to explore ways the City of Seward could incentivize Seward property owners to develop housing units on their undeveloped property. This request arose from an increasing shortage of housing within the City. In response, members of the Administration met with developers, Council, and other members of the community to discuss options. Ultimately, the Administration determined the City may be able to encourage construction of new housing units by offering to bear some of the public utility installation costs traditionally borne by developers of such units. As a result, City Council adopted a "Developer Reimbursement and Incentive Program" via Ordinance 2019- 01 1 (S l ). Generally, a property owner, via petition, or the City Council, via resolution, may initiate a special improvement district for the installation of public utilities. If the district is approved, installation costs are apportioned among property owners in the district. The program gives property owners of undeveloped property the opportunity to apply for reimbursement of up to 50% of the utility installation costs within a special improvement district. The goal of the program is to incentivize developers to initiate special improvement districts and develop housing units on their property within such districts. Seward City Code 5.22.030(j) requires City Council to approve an application form drafted by administration and available to developers interested in participating in the program. Seward City Code 5.22.030 also provides the basic criteria and parameters of the Program. INTENT: The intent of the Resolution is to submit the Developer Reimbursement and Incentive Program Application form to Seward City Council for approval. This required approval ensures that the Application accomplishes the goals and objectives of the Program before the form is put into use. 00848484.DOCX CONSISTENCY CHECKLIST: Yes Comprehensive Plan (document source here): Strategic Plan (document source here): X No N/A Other (list): FISCAL NOTE: This agenda item approves the application form for the developer incentivization program. There are no costs associated with the approval of this application form. 1.J Approved by Finance Department: ATTORNEY REVIEW: Yes No Not Applicable RECOMMENDATION: If the application form attached to the Resolution meets with Council's goals and objectives, we recommend approval. 00848484.DOCX 112 42 L V. STATEMENT OF UNDERSTANDING Upon signing this application, the applicant acknowledges and agrees that City Council may reimburse all, none or a portion of the pro -rated share of the improvements under Title 5 up to 50%0 of the installation costs and the applicant accepts his, her or its obligation to pay his, her or its pro -rated share of those costs as identified on the assessment roll. Applicant: Submission Date: Notice of Filing Date: 1 1 43 1 C Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2021-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ESTABLISH INITIAL FUNDING FOR THE DEVELOPER REIMBURSEMENT PROGRAM, AND APPROPRIATING FUNDS. WHEREAS, City Council adopted Seward City Code (SCC) Chapter 5.22, which authorizes Council to reimburse up to 50% of developer installation costs resulting from the installation of public utilities in improvement districts; and WHEREAS, SCC 5.22.030 requires developers seeking reimbursement under this program to submit an application; and WHEREAS, the Developer Reimbursement and Incentive Program application was approved by City Council through Resolution 2019-083; and WHEREAS, upon implementation of the program application, no funding mechanism was established; and WHEREAS, the City Council supports the development of city land; and WHEREAS, the City Council finds it in the citizen's best interest to fund the Developer Reimbursement and Incentive Program in the amount of$300,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to transfer and appropriate funds in the amount of $200,000 from General Fund Reserves account no. 01000-0000-3710-0000-80071 and $100,000 from the Electric Fund Reserves account no. 15000-0000-3710-0000-80071 to the Developer Reimbursement Fund account no. 80071-0000-7811. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 101h day of May, 2021. T 'IY I .: ...RD, risty Terry Mayor 44 CITY OF SEWARD, ALASKA RESOLUTION 2021-058 AYES: DeMoss, Seese, McClure, Osenga, Baclaan, Casagranda, Terry NOES: None ABSENT: None ABSTAIN: None ATTEST: 1-tget,4 Brenda J. Ballou, MMC City Clerk Ac. ,-„9 C y Cler,rC (City Seal) 3 7 45 Council Agenda Statement Meeting Date: May 10, 2021 To: City Council Through: Norm Regis, Acting City Manager From: Sam Hickok, Deputy Finance Director Agenda Item: Funding the Developer Reimbursement Program BACKGROUND & JUSTIFICATION: Section 5.22 of Seward City Code defines the purpose and application process of the Developer Incentive and Reimbursement Program. However, it does not address a funding mechanism for the program. Since the approval of the application form in September of 2019, the City has received two applications for potential reimbursement. It has been identified that Phil Zimmerman's application for his completed development in the Gateway Subdivision meets eligibility requirements for reimbursement. The costs associated with putting in the public utilities totals $427, 971.08. The program allows for up to 50% reimbursement, so $213,985.54 is needed to fund the program and reimburse Mr. Zimmerman. Administration is recommending a one-time appropriation from General Fund reserves to reimburse Mr. Zimmerman until such time that a true funding source be identified and put into place. INTENT: The intent of this resolution is to approve initial funding of the Developer Reimbursement Program. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): 2. Strategic Plan (document source here): 3. Other (list):. FISCAL NOTE: Initial funding for this program will come from General Fund reserves account no. 01000-0000- 3400 until a true funding source be identified for future reimbursement applications. Approved by Finance Department:. 3 ATTORNEY REVIEW: Yes acbl, 46 RECOMMENDATION: Seward City Council approve Resolution 2021-058, authorizing the initial funding of the Developer Reimbursement Program. 47 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING $1,000,000 FROM NORWEGIAN CRUISE LINES AND ALLOCATING $500,000 TOWARD THE CITY'S DEVELOPER REIMBURSEMENT PROGRAM AND DONATING $500,000 TO THE SEWARD PREVENTION COALITION FOR USE BY HAPPY YOUTH PROGRAMS & EDUCATIONAL RESOURCES (HYPER) TO HELP FILL THE NEED FOR CHILDCARE IN SEWARD, AND APPROPRIATING FUNDS WHEREAS, in May, 2021, Norwegian Cruise Lines gave funds to various municipalities in Alaska who experienced economic hardship due to a lack of cruise ship tourism in 2020 and 2021 due to COV ID-19; and WHEREAS, on May, 26, 2021, the City of Seward received $1,000,000 in funds from Norwegian Cruise Lines (NCL); and WHEREAS, the intent of NCL's gift was to aid in the economic recovery of the community; and WHEREAS, on June 7, 2021, the Seward City Council held a work session to discuss various options for how best to allocate the funds; and WHEREAS, the best use of the funds was determined to be for the express purpose of funding the City's Developer Reimbursement Program and helping address the need for childcare in Seward. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to accept funds from Norwegian Cruise Lines in the amount of $1,000,000 for the purpose of rebuilding the City of Seward economy. Section 2. Funding in the amount of $1,000,000 is hereby accepted to revenue account no. 01000-0000-4253. Section 3. Funding in the amount of $500,000 is hereby appropriated to Council pass-thru payment account no. 01000-1110-7809 for the Seward Prevention Coalition for Happy Youth Programs & Educational Resources (HYPER) for the purpose of addressing childcare needs. 48 CITY OF SEWARD, ALASKA RESOLUTION 2021-071 Section 4. Funding in the amount of $500,000 is hereby transferred to the Developer Reimbursement Program fund account no. 80071-0000-3700-0000-01000 for the purpose of expanding City utilities. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28t' day of June, 2021. THE CITY OF S ARD, ALASKA Viby.4100 ony-Ba Vice Mayor AYES: DeMoss, McClure, Casagranda, Seese, Osenga, Baclaan NOES: None ABSENT: Terry ABSTAIN: None ATTEST: renda J. Ballou, MC City CIerk �.,.......... (City Se pF �rrr: SEAL ...i.♦� ■ • w • s14 • l . vt- qT••..,.1:I,•• PS +4+................DF ..L`.,. 1 J J 49 Agenda Statement Meeting Date: June 28, 2021 To: City Council From: Janette Bower, City Manager Agenda Item: Accepting $1,000,000 from Norwegian Cruise Lines and allocating funds towards the specific purpose of providing community -based child care and for expanding city utilities. BACKGROUND & JUSTIFICATION: Due to the Coronavirus Pandemic, cruise ship travel was halted in 2020 and is not likely to return to normal levels until 2022. This lack of tourism has had a dramatic negative impact on Seward businesses and the entire community. Norwegian Cruise Lines has responded by giving six Alaska communities funds ranging from $1,000,000 to $2,000,000 to assist in economic recovery. The intent is for local leaders to determine how this gift can best be put to use in aiding the unique needs of each community. Of the six communities that are being given these funds, Seward is the only location outside of Southeast Alaska. During the work session on June 7`h, City Council determined that the best use of these funds was to provide funds to the Seward Prevention Coalition to purchase or lease a building for use as a child care facility and for expanding city utilities. INTENT: Accept the gift of $1,000,000 from Norwegian Cruise Lines and appropriate funds for the express purpose of community -based child care and expansion of city utilities. CONSISTENCY CHECKLIST: Yes No N/A I . Comprehensive Plan (document source here): x 2. Strategic Plan (document source here): x 3. Other (list): x FISCAL NOTE: Funds were accepted to the General Fund miscellaneous revenue account no. 010000-0000-4253. This resolution will transfer $500,000 of these funds to the Developer Reimbursement Program account no. 80071-0000-3700-0000-0100. The remaining funds will be appropriated to Council's pass-thru payments account no. 010000-1110-7809 to be paid to the Seward Prevention Coalition for HYPER. A Approved by Finance Department: ATTORNEY REVIEW: Yes X No 143 50 RECOMMENDATION: Accept the $1,000,000 gift from Norwegian Cruise Lines and use these funds to provide community - based child care and for expanding city utilities. Resolution 2021-071 144 51 1 Sponsored by: Regis Introduction: June 12, 2023 Public Hearing: June 26, 2023 Enactment: June 26, 2023 CITY OF SEWARD, ALASKA ORDINANCE 2023-016 An Ordinance of the Seward City Council, Amending Seward City Code Chapter 5.29 Improvement Districts WHEREAS, there is a need to provide a mechanism in code for the City Council to, when funds are available, provide for up to 50 percent of the costs of extending public utilities to property owner's undeveloped property in order to incentivize installation of public utilities and residential development within city boundaries. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code 5.20 is amended to read as follows (new language is in bolded italics and underlined and deleted language is men): Chapter 5.20. Improvement Districts 5.20.010 Authority and Intent LA special improvement district may be initiated either by council or by petition from property owners for any public improvements. (1) It is the intent of this chapter to permit the city, when funds are available, toyay for a portion of the costs of extending public utilities to the undeveloped property in order to incentivize installation of public utilities and property development within city boundaries. 5.20.015 Initiation. (a) Initiation by petition. Improvement districts and assessments may be initiated by petition to the council of the owners of up to one-half in value of the property to be benefited. A petition shall be in a form prescribed by the city manager which shall include a description of the improvementf sought by the petition as well as a list of the parcel(s) to be benefited. petition. The petition, when signed, shall be filed with the city clerk. (b) Initiation by council. The council by motion or other action may direct the city manager to make a survey and report on a proposed council initiated special improvement district. 52 CITY OF SEWARD, ALASKA ORDINANCE 2023-016 5.20.020 Reports on necessity, cost, etc. Upon receipt by the city manager of the petition from the city clerk, or upon direction of the council, the city manager shall make a survey and report to council concerning the need for and desirable extent and estimated cost of each proposed local improvement. The report shall contain a map or legal description of the proposed district. After completion of the report, a public hearing shall be held. 5.20.025 Hearings on necessity. (a) Purpose. The hearing shall determine whether the proposed improvement district is in the public interest and necessary. (b) Notice. (1) Notice of the public hearing shall be published in a newspaper of general circulation in the city at least once a week for four consecutive weeks prior to the time fixed for the hearing, and the fourth publication shall occur at least one week prior to the hearing. The city clerk shall send a written notice by first class mail at least 15 days prior to the time of hearing to each owner of property to be assessed. (2) The notice shall include a summary of the improvement, the designation of the properties to be assessed in the special improvement district, the purpose of the public hearing and the time and place fixed for the public hearing. Mailed notices shall include a designation of the addressee's property to be assessed. Each notice shall generally inform the property owner of the manner and method of protesting or objecting to the action to be taken at the public hearing. (c) Written protests. If protests in writing are made by the owners of property who shall bear 50 percent or more of the estimated cost of the improvement, the council shall not proceed with the improvement until the protests have been reduced to less than 50 percent, except upon the approval of not less than few rve members of the council. (d) Changes and revisions. After hearing all interested persons favoring or opposing the proposed improvement, the council may decrease the extent or value of the improvement, and may delete from the district properties not benefited by the improvement. 5.20.030 Resolution to proceed. After the public hearing is closed, council shall adopt or reject a resolution to proceed with the proposed improvement. The resolution to proceed shall find that the improvement is necessary and will benefit the properties to be assessed. The findings of the council are conclusive. The resolution shall require an account to be kept of all costs of the improvements and direct the proper city official to proceed with design and construction of the improvements subject to acquisition of the necessary financing. (Ord. 425, 1976; Ord. 93-18) J J 53 CITY OF SEWARD, ALASKA ORDINANCE 2023-016 1 1 1 5.20.035 Computation of assessments. (a) Costs of improvements. The costs of an improvement shall be the actual costs of the improvement, including acquisition of interests in land for the improvement, design, engineering, administration, overhead, professional services, guarantee fund, bond costs and interest incurred as a result of the improvement and all other costs resulting from the construction of the improvement. Method of apportionment. All property included within the improvement district shall be considered and held to be all the property specially benefited by such public improvement and shall be the property to be assessed to pay the cost and expense thereof. Council may determine upon and use any method for spreading the assessment among the properties within the district, which bears a reasonable relationship to the benefit received by the properties. Assessment roll. After the improvement has been completed and the costs of the improvement computed, the city manager shall prepare an assessment roll for the district. The special assessment roll shall contain property descriptions, names of owners of record and assessment amounts. When the assessment roll is completed, the council shall fix a time and place for a public hearing on objections to the assessment roll. (b) (c) 5.20.040 Hearings on objections to assessment roll. (a) Purpose. The hearing shall provide affected property owners the right to object to the method of apportionment used in the assessment roll. (b) Notice. (1) Notice of the public hearing shall be published in a newspaper of general circulation in the city at least once a week for four consecutive weeks prior to the time fixed for the hearing, and the fourth publication shall occur at least one week prior to the hearing. The city clerk shall send a written notice by first class mail at least 15 days prior to the time of hearing to each owner of property to be assessed. (2) The notice shall include a summary of the improvement, the designation of the properties to be assessed in the special improvement district, the purpose of the public hearing and the time and place fixed for the public hearing. Mailed notices shall state the amount of assessment against the particular tract. Each notice shall generally inform the property owner of the manner and method of protesting or objecting to the method of apportionment. (c) Correction to the roll. All persons concerned shall have a right to present their objections to the assessment and to point out errors and inequalities and submit such reasons for amendments and corrections as they may have. Council shall have power to vary the assessments in individual cases where the property assessed is not benefited commensurate with the amount of the assessment. After the council has heard all objections and suggestions, it shall correct all errors. When the roll is finally determined, the city clerk shall so certify. 54 CITY OF SEWARD, ALASKA ORDINANCE 2023-016 5.20.045 Resolution on assessments. After the public hearing and determination of the assessment roll, the council by resolution shall confirm the special assessment roll of the special assessment district. The resolution shall provide for the levy and payment schedule of the assessments. No payment shall be required within 60 days after the resolution. Deferred or installment payments shall bear such interest as the city council may prescribe in the resolution. 5.20.050 Notice of assessment. Within ten days after final passage of the resolution levying the assessment, the city clerk shall mail, postage prepaid, a notice to the owner of each property assessed, which notice shall designate the property, the amount of the assessment, the time of delinquency and the amount of penalty. Within five days after the notices have been mailed, the clerk shall file his affidavit setting forth such mailing, which affidavit shall be conclusive as to the facts therein set forth. 5.20.055 Receipts from special assessments. Accounts for special assessment rolls shall be created and maintained in accordance with generally accepted governmental accounting principles. Moneys collected from special assessments shall be used solely to pay the cost of the improvements to which they apply and to the principal of and interest on indebtedness to the city. 5.20.060 Premature expenditures. No expenditures, other than for administrative engineering and legal work for any local improvement, the cost of which is to be borne by special assessments on the property benefited, shall be made unless the cash is on hand or bonds have been authorized to finance the cost thereof. 5.20.065 Special assessment bonds —authorized. The council may by ordinance authorize the issuance and sale of special assessment bonds to pay all or part of the cost of an improvement in a district. 5.20.070 Special assessment bonds —guarantee fund. Before the council may issue special assessment bonds, it shall establish a guarantee fund and appropriate to the fund annually a sum adequate to cover any deficiency in meeting payments of principal and interest of bonds issued by reason of nonpayment of assessments when due. In anticipation of delinquent assessments there may be added to each separate assessment appearing on the assessment roll a sum not less than three percent nor greater than ten percent of the assessment. 5.20.075 Penalty. Penalty for late payment of assessments shall be set in the resolution confirming the special assessment district. J J J 55 CITY OF SEWARD, ALASKA ORDINANCE 2023-016 1 1 5.20.080 Assessment of all benefiting property. The council may assess for an improvement any real property, or any interest in real property, and the property specially benefited may include abutting, adjoining, adjacent, contiguous, noncontiguous or other property or interest in property benefited directly or indirectly by the improvement. The property to be assessed may include any property which is otherwise, for any reason, exempt from taxation by law. 5.20.085 Property owner. . The person whose name is listed on the latest tax roll as the owner of the property to be assessed is presumed to be the legal owner of the property. If the property owner is unknown, the property may be assessed in the name of the "unknown owner." No assessment is invalidated by a mistake, omission or error in the name of the owner if the property is correctly described. 5.20.090 Assessments to be lien on property. Such assessment shall be a lien upon the property assessed from the time the assessment is levied, which lien shall be paramount and superior to any other lien heretofore or hereafter created whether by mortgage or otherwise, except a lien for prior assessments and for general taxes, and shall be payable at such time as city council may prescribe and may be enforced in the same manner provided for the collection and enforcement of general taxes. 5.20.092 Delinquent assessment installments. Upon the delinquency of an assessment installment there shall be due and payable in addition to the delinquent installment a penalty on the delinquent installment determined in accordance with the resolution confirming the assessment roll. Notice of the delinquency shall be mailed to the owner of record. The notice shall describe the delinquency and state that the entire principal balance of the assessment, plus accrued interest and penalty on the principal balance, shall be due and payable if the delinquent installment, plus penalty and interest, is not paid within six months of the date of the delinquency. A delinquency in the payment of an installment is cured by payment of the delinquent installment, plus penalty and interest, within six months of the date of the delinquency. If a delinquent installment, plus penalty and accrued interest, is not paid within six months of the date of the delinquency. the entire principal balance of the assessment, plus accrued interest and penalty on the principal balance, shall be due and payable. 5.20.095 Foreclosure of liens for unpaid assessments. Liens for unpaid assessments shall be foreclosed and the property sold in the same manner as provided for foreclosure of property for taxes. 56 CITY OF SEWARD, ALASKA ORDINANCE 2023-016 5.20.100 Assessments to be binding. The regularity or validity of assessments as provided herein may not in any manner be contested or questioned by any proceeding whatsoever by any person not filing objections to such assessment roll prior to the confirmation thereof. 5.20.105 Appeals. The decision of council upon any objective may be reviewed by the state superior court in the manner prescribed by law and city charter. 5.20.110 Reassessments —Invalidation of original assessment. Whenever an assessment provided for in this chapter is set aside, annulled or declared void, or its enforcement refused by a court of the state or the United States, whether directly or by virtue of a decision of a court, the council may, by ordinance or resolution, make a new assessment or reassessment upon the lots, blocks or parcels of land benefited by the improvement. The reassessment shall be based on the special and peculiar benefit of the improvement to the respective parcels of land assessed at the time it was originally made. 5.20.115 Reassessments —Valid notwithstanding irregularities. The proceedings required by law to be taken before the making of an original assessment are not required to be taken in connection with a reassessment under this chapter. The reassessment shall be made and become a charge upon the property notwithstanding the omission, failure or neglect of an officer, body or person to comply with the provisions of law relating to improvement and assessment, and whether or not the proceedings of the council or a person connected with the work may have been irregular or defective and whether or not an irregularity was jurisdictional. Section 2. This ordinance shall take effect ten days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 26th day of June, 2023. THE CITY OF SEWARD, ALASKA SNA--Mc (.Q.v. Sue McClure, Mayor K 57 f 1 1 CITY OF SEWARD, ALASKA ORDINANCE 2023-016 AYES: Osenga, Finch, Barnwell, DeMoss, Calhoon, Wells, McClure NOES: None ABSENT: None ABSTAIN: None ATTEST: ,/& Kris Peck City Clerk (Citynf 5E q. s,%sks-ki..:r0-474-..7,?,.,i''. --*^' r ■ ##.1 itE OF PLP►*' 58 City Council Agenda Statement Meeting Date: June 12, 2023 To: City Council From: Norm Regis, Acting City Manager Subject: Ordinance 2023-016: Amending Seward City Code Chapter 5.20 Improvement Districts Background and justification: During the Seward City Council Special Meeting on May 8th, Council directed City Administration to bring forward an Ordinance to address the needed modifications to Title 5 which would allow the City to provide a mechanism for assisting private property owners in the installation of public utilities which are required for residential development. Although the City has a current program for assisting Developers, no such mechanism is in place for private landowners. Recently, a petition was filed by several landowners inside City limits, but no code language existed for City Council to provide financial assistance for the cost of the utilities. Additional discussion needs to take place regarding funding such a program as well if this ordinance passes. Code Sections affected by this Ordinance: Amended Section Section Title Amendment 5.20.010 Authority and Intent Added "intent" to the heading 5.20.010(a) Authority and Intent Added section (b) to provide a mechanism for City Financial Contribution 5.20.015(a) Initiation Added verbiage requiring the list of parcels to be included in the petition 5.20.015(a) Initiation Removed 50% cost provision as that info is unknown at the time of petition 5.20.015(a) Initiation Added verbiage to incorporate AS 29.46 verbiage regarding 50% of property value representation 5,20,025(c) Hearing on Necessity Incorporated AS 29.46.1020(b) Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.3 Housing Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 Th's legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact x Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable x 59 Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance: SMIC Parking Other Electric Water Wastewater Healthcare Note: amounts are unaudited $ n/a Finance Director Signature: Attorney Review x Yes Attorney Signature: Not applicable Comments: Sam Severin Administration Recommendation x Adopt Ordinance Other: 60 City of Seward City Manager's Office PO Box 167 • Seward, AK 99664 907-224-3331 www.cityofseward.us Improvement District — Citizen Initiated Petitioner and Alternate Petitioner Information Please list the petitioner and alternate petitioner information. The petitioner is the spokesperson for the Improvement District. The alternate petitioner speaks on the behalf of the petitioner when the petitioner is unavailable. Petitioner: Name: Address: Email: Phone number(s): Alternate Petitioner: Name: Address: Email: Phone number(s): Improvement District Information Please provide a description of the improvement sought by the petition, along with the location of the improvement. 61 Information Regarding Petition Process Seward City Code 5.20.15 (a) requires the attached petition to be signed by the owners of property which will bear at least 50 percent of the estimated cost of the improvement sought by the petition. When the petition is signed, the petition is filed with the City Clerk's Office. The city clerk will certify the petition and forward it to the city manager. The city manager will prepare a survey and report in the form of a resolution to the city council concerning the need for and the desirable extent and estimated cost of the improvement district. A public hearing will be held on the resolution. The city clerk will notify each property owner in the improvement district, of the date and time of the public hearing, 15 days prior to the time of public hearing. The city council will hold the public hearing and will either adopt or reject the resolution to proceed with the improvement. After hearing all interested persons favoring or opposing the proposed improvement, the council may decrease the extent or value of the improvement, and may delete from the district, properties not benefited by the improvement. The findings of the council are conclusive. For office use only Date petition received: Received by: City clerk certification: Certified: Yes Reason for denial: No Date certified: Date forwarded to city manager: City council agenda date: 62 Petition Requesting the Seward City Council Establish a Local Improvement District For (type of improvement) in the (name of subdivision or area) All improvements are paid for by the property owners. A public hearing will be held to determine the assessment for each property. Date Printed Property Owner Name Property Owner Signature Mailing and Email Address Property Address, Borough Tax ID#, or Property Description (Subdivision name, Lot & Block) � RurAL CAP Presentation RurAL CAP Rural Alaska Community Action Program, Inc. Our Alaskan Mission Since 1965 To empower low-income Alaskans through advocacy, education, affordable housing, and direct services that respect our unique values and cultures. Healthy People Sustainable Communities Vibrant Cultures RurAL CAP Statewide Service Provider - All of Alaska Alaska Native Claims Settlement Act Non -Profit Name Number of Locations Aleutian Pribilof Island Association 5 Arctic Slope Native Association 11 Association of Village Council Presidents 67 Bristol Bay Native Association 17 Central Council of the Tlingit and Haida Indian Tribes of Alaska 32 Chugachmiut 10 Cook Intel Tribal Council 66 Copper River Native Association 4 Kawerak, Incorporated 21 Kodiak Area Native Association 9 Maniilaq Association 10 Tanana Chiefs Conference 15 By Zip Code May 2023 Healthy People Sustainable Communities Vibrant Cultures Home Ownership & Construction Services • HUD Certified Housing Counseling Agency • UDSA Rural Development certified loan packager • 523 - Mutual Self -Help Housing 523 Grantee • Community Based Development Organization M Q Packaged Loans/Housing Counseling areas served to date Current Mutual Self -Help Housing Program Healthy People Sustainable Communities Vibrant Cultures HUD Certified Housing Counseling • Credit Counseling and mortgage eligibility assistance • Only certified agency with offices in Alaska Mi'shell French, Director of Rural Housing N M LS #375937 Certified HUD Housing Counselor 907-260-3451 mfrench@ruralcap.org Healthy People Sustainable Communities Vibrant Cultures USDA Rural Development Certified Packager • 502 Direct Mortgage Loan Program • 504 Single Family Home Repair Loan/Grant Program Mi'shell French, Director of Rural Housing N M LS #375937 907-260-3451 mfrench@ruralcap.org Healthy People Sustainable Communities Vibrant Cultures RurAL CA Rural Alaska Community Action Program, Inc. Mutual Self Help Housing Program NMLS #396638 71 What is Mutual Self -Help Housing? Healthy People Sustainable Communities Vibrant Cultures Who is Eligible to Build? • Qualify for 502 loan • Put in 35 hours of labor Healthy People Sustainable Communities Vibrant Cultures Income Guidelines Healthy People Sustainable Communities Vibrant Cultures Credit Guidelines Healthy People Sustainable Communities Vibrant Cultures Benefits of MSHH Healthy People Sustainable Communities Vibrant Cultures Subsequent Loans/Grants Healthy People Sustainable Communities Vibrant Cultures Healthy People Sustainable Communities Vibrant Cultures Healthy People Sustainable Communities Vibrant Cultures Healthy People Sustainable Communities Vibrant Cultures RurAL CAP Community Action I Thank You Mi'shell French, Director of Rural Housing Valerie Lewis, Homeownership Program Supervisor f tor mfrench@ruralcap.org vlewis@ruralcap.org You 81 Healthy People Sustainable Communities Vibrant Cultures SCC Title 15 Portions of Code Pertinent to Housing Seward City Code 15.10.226 Land uses allowed. A. Table 15.10.226 Land Uses Allowed is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter (See Table 15.10.226) B. Lodging as defined in section 15.10.140B. is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: 1. Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the City shall conduct an annual life safety inspection of each guest room to assure compliance with the current adopted building code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. 2. The application for an annual administrative permit shall be accompanied by a fee established by City Council resolution. A fee will be issued for each separate, advertised, rentable lodging unit. 3. Before any permit is issued, the applicant shall furnish evidence of the existence of one or more policies of insurance, issued by an insurance company satisfactory to the City, providing insurance coverage for lodging. Policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to the cancellation, expiration, lapse or other termination of the insurance coverage. 4. Parking will be provided in accordance with section 15.10.215 of this chapter. 5. No cooking or cooking facilities are permitted in individual guest bedrooms. 6. Within principally residential districts RR, R1, R2, R3, UR lodging is limited to a home occupation within an owner -occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of three. 7. Within principally residential districts R2, R3, UR, lodging in multifamily dwellings is limited to not more than 50 percent of the dwelling units with one of the units being the owner's principal place of residence. 8. Within commercial districts lodging within a dwelling unit is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. 9. Within principally commercial districts OR, AC, HC, and CB, excluding the Industrial zoning district, multifamily dwellings used for lodging purposes are not required to be the business or property owner's principal place of residence. The use shall be limited to not more than five dwelling units. 10. The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. 11. Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. I. Camping is allowed subject to the following: 1. Camping for a fee shall be allowed within the City limits only in municipal campgrounds, as defined in section 7.15, or in private camper parks operating under a permit, as defined in section 8.15. 2. Other than permitted camper parks, camping on privately owned lots as an accessory use to an occupied, single family home is limited to private non-commercial use and for no fee. Such occupancy shall be limited to one camping unit at a time and shall be for recreational or vacationing purposes only. Camping as provided in this section shall not occur earlier than April 15thand no later than September 30th 83 Seward City Code J. Employee Campgrounds are allowed in accordance with table 15.10.226 of this chapter subject to the following: 1. Employee campgrounds are for established businesses with high seasonal employment of transient workers, and are not to be construed as construction camps. No employee campground may be open for more than 180 days per calendar year, and may not open earlier than April 15, nor remain active later than September 30, except by resolution of the City Council based on specific findings that a longer term, earlier opening date and/or later closing date is warranted because of special circumstances. 2. Camping units as described in [section] 15.10.140 are not permitted. For the purposes of this section, a camping unit is described as a modified camping Connex, providing living facilities for one or more persons. 3. Occupancy in an employee campground is limited to the transient workers of that industry or business granted a conditional use permit. 4. Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee campgrounds. 5. Sanitary facilities shall be provided and include either permanent or portable toilets on -site. If permanent facilities are constructed, they shall conform to section 8.15.425(b). Shower facilities shall be provided and may either be on -site in conformance with section 8.15.425(b), or provided on the job site of the employer. 6. The requirements for spacing shall be at least ten feet clear space between camping units. Camping units, other than those being used for living accommodations, shall not be parked within the campground area proper. TABLE Zoning District Designations The following zoning district abbreviations are provided for information and interpretation: RR = Rural, very low density single-family residential R1 = Single-family, low density residential R2 = Single and two-family, medium density residential R3 = Single, two and multi -family, high density residential UR = Urban residential, a mix of residential uses and low impact home professional offices OR = Office residential AC = Auto and neighborhood oriented, light commercial HC = Harbor commercial CB = Central business district - dense downtown commercial I = Industrial RM = Resource management - partially developable lands subject to floodplains and steep slopes INS = Institutional, public, quasi -public uses P = Parks 84 Seward City Code Table 15.10.226. Land Uses Allowed Key: O — Use Permitted Outright H — Home Occupation C — Use Requires Conditional Use Permit P — Use Requires Administrative Permit Blank — Use Prohibited Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR RI R2 R3 UR OR AC HC CB I RM INS P Campground, employee C/P Dwelling, apartment in a commercial building (limited to one unit) O O O O O C Dwelling, apartment in a commercial building (two or more units) 0 0 C C Dwelling, apartment, efficiency or accessory 0 0 0 0 0 0 0 Dwelling, apai tinent, studio CCC CC C Dwelling, attached single-family, i.e., townhouse, row CCCCCC C Dwelling, condominium CCCCCC C Dwelling, detached single-family 0 0 0 0 0 0 0 C C Dwelling, group home O O O O O O C Dwelling, guest house 0 0 C Dwelling, multi- family (3 or more units) CCCCCC C Dwelling, two- family or duplex O O O O O C C 85 Seward City Code Dwelling, watchman or caretaker 0 C Housing, bunkhouse C C C Housing, dormitory 0 0 Housing, nursing, retirement, convalescent C C C Lodging, B&B H/P H/P H/P H/P H/P 0/P 0/P 0/P O/P Lodging, hostel PPP PP P Lodging, hotel, motel, lodge, inn C 0 C C Lodging, short-term rental H/P H/P H/P H/P H/P PPPP Mobile home park C/P Mobile home, residential, not in park INTENTIONALLY LEFT BLANK Planned unit development C C C C C C Rental, Long-term O O O O O O O O O O C C Rooming or boarding house O/P 0/P O/P 0/P 86 Seward City Code 15.10.220 Development requirements. A. Table 15.10.222, development requirements, is incorporated herein by reference and the restrictions and annotations contained therein are mandatory unless otherwise modified by this chapter. (See table at the end of this section; see also section 15.10.210.) B. Building height. The purpose of building height standards is to prevent loss of life or excessive property damage through the inability of the City fire department to reach upper stories or roofs and to help maintain the character of neighborhoods. C. Setbacks —Yards. 1. Setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy, fire separation and visual relief between structures. 2. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or open space on one lot shall be considered as providing a yard or open space on any other lot. 3. No yard or lot shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after December 5, 1978 shall meet at least the minimum requirements established by this chapter. 4. In cases of corner lots with multiple frontages, the administrative official shall designate the front yard, and all other frontages shall be designated as a side to a street. 5. All structures shall be designed and constructed to prevent roofs from shedding snow onto adjacent lots, structures, fences, or other property. (Ord. 99-10, § 3; Ord. No. 2018-004, § 1) TABLE Zoning District Designations The following zoning district abbreviations are provided for information and interpretation: RR = Rural, very low density single-family residential R1 = Single-family, low density residential R2 = Single and two-family, medium density residential R3 = Single, two and multi -family, high density residential UR = Urban residential, a mix of residential uses and low impact home professional offices OR = Office residential AC = Auto and neighborhood oriented, light commercial HC = Harbor commercial CB = Central business district - dense downtown commercial I = Industrial RM = Resource management - partially developable lands subject to floodplains and steep slopes INS = Institutional, public, quasi -public uses P = Parks (Supp. No. 28-1) Created: 2024-08-06 13:39:31 [EST] Page 1 of 4 87 Seward City Code Table 15.10.222. Development Requirements Zoning Districts Principa ly Residential Principa ly Commercial Principa ly Public RR R1 R2 R3 UR OR AC HC CB I RM INS P Maximum Building Height (ft.) (See Note 1, next page) 34 34 34 34 34 34 34 Varies 26 or 34* 34 34 34 34 34 Minimum Buildable Lot Size (sq. ft.) (See Notes 2 and 7, next page) 20,000 Varies 3,000 to 6,000* Varies 3,000 to 6,000* Varies 3,000 to 9,000* Varies 3,000 to 9,000* Varies 3,000 to 9,000* Varies 6,000 to 9,000* None Varies 3,000 to 9,000* 10,000 20,000 None None Minimum Lot Width (ft.) (See Notes 3 and 7, next page) 100 Varies 30 to 60* Varies 30 to 60* Varies 30 to 90* Varies 30 to 90* Varies 30 to 90* 60 or 90* 30 Varies 30 to 90* 100 100 None None Minimum Front Yard Setback (ft.) (See Note 7, next page) except Leirer and Tract C-1 below 20 20 20 20 20 20 10 None None 20 20 20 20 Minimum Front Yard Setback (ft.) for Leirer Industrial Subdivision and Alaska Skill Center Tract C-1 only. (See Note 7, next page) 20 20 20 20 20 20 10 None None 10 20 20 20 Minimum Side Yard Setback (ft.) (See Notes 4 and 7, next page) 10 5 or 5 min. with 15 total* 5 or 5 min. with 15 total* 10 5 5 5 5 None 10 10 10 20 Minimum Side Yard Setback Adjacent to Street (ft.) (See Note 7, next page) 10 10 10 10 10 10 10 None None 20 10 10 20 Minimum Rear Yard Setback (ft.) (See Notes 5 and 7, next page) 10 10 10 10 10 10 10 None, 5 and 10* None 10 10 15 20 Maximum Accessory Building Height (ft.) 20 20 20 20 20 20 20 20 34 34 20 34 20 (Supp. No. 28-1) Page 2 of 4 Created: 2024-08-06 13:39:31 [EST] 88 Seward City Code Maximum Lot Coverage (%) (See 30 35 35 40 40 50 50 100* 100 100* 30 50 10 Notes 2G and 6, next page) (Supp. No. 28-1) Page 3 of 4 Created: 2024-08-06 13:39:31 [EST] 89 Seward City Code Table 15.10.222. Development Requirements —Table Notes NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the southern boundary of the South Harbor Uplands - Tract H, Waterfront Park Replat, the harbor basin and J Float Ramp, building height is limited to 26 feet. NOTE 2. A. Buildable/useable area —Lot may have to be larger to have minimum buildable area available. B. In the R1, R2, R3, UR, OR , AC and CB Districts, from the Seward Highway/Phoenix Road intersection South, to include the Bayview Subdivision, a minimum of 3,000 SF lots and 30 foot minimum frontages and north of the Seward Highway/Phoenix Road intersection, a minimum of 6,000 SF lots and 60 foot minimum frontages C. Lots located on a cul-de-sac bulb shall have a minimum of 8,000 square feet and a 40-foot minimum lot frontage. D. Flag lots shall have a minimum of 15,000 square feet and a 30-foot minimum lot frontage on the staff portion of the lot. E. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000 SF is to accommodate required widening of an adjacent right-of-way. F. In the R1, R2, R3, UR, OR , AC and CB Districts, individual lots of at least 3,000 SF in the Original Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed for single-family residences provided all other development requirements of this chapter are met. G. Multiple -Family developments (except studio apartments) with three or more units require a minimum of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said districts require an additional 1,200 SF per unit of five or more units. H. Two -Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision require 5,000 SF. All other development requirements of this chapter shall be met. I. Multiple -Family, studio apartments in the OR, AC, CB, HC, I and RM districts require a minimum of 9,000 SF. The total square footage required for lot setbacks shall be reserved as open area. All other requirements set forth in this chapter shall be met. NOTE 3. See Notes 2-F and 2-G above. NOTE 4. From Seward Highway/Phoenix Road intersection —South, a five-foot setback, each side; north, a minimum five-foot setback each side as part of a combined 15-foot setback total between both sides. NOTE 5. In the HC District, parcels abutting mean high tide —No rear yard setback; parcels abutting the waterfront boardwalk —Five feet; and parcels not abutting the waterfront boardwalk or mean high water mark —Ten feet. NOTE 6. Excludes setbacks in HC and I. NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic sites. NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in an R1 district, except for a long term care facility, aka skilled nursing care facility. (Ord. 2007-009, § 1; Ord. 2008-006, § 1; Ord. No. 2012-002, § 1; Ord. No. 2016-009, § 1; Ord. No. 2017-002, § 1; Ord. No. 2018-004, § 1; Ord. No. 2023-019, § 1, 7-10-2023) (Supp. No. 28-1) Created: 2024-08-06 13:39:31 [EST] Page 4 of 4 90 Seward City Code 15.10.215 - Parking. A. Except in the CB and the HC districts, there shall be provided permanently maintained off-street parking for each principal business. It shall be the responsibility of the business owner to provide and maintain said off-street parking in accordance with this chapter continuously during the life of the business. B. For each principal building or use within a principal building, there shall be no less than the number of off-street vehicle parking spaces specified under this section: Land Use Dwellings and Lodges Minimum Number of Parking Spaces Single-family and 2-family dwellings and parish 2 parking spaces per dwelling unit houses Multiple -family dwellings and other places containing multiple dwelling units Hotels and motels 2 parking spaces per dwelling unit plus 1/2 space for every unit larger than 2-bedrooms or greater than 1,000 square feet in size Lodging, rooming and boardinghouses tkiaredVng, apartment e 1 space per guest unit 1 space per guest room plus spaces for the principal dwelling unit street parking space in addition to those required of the principal dwelling Dwelling, studio apartment 1 space per dwelling unit Institutions and Public Uses Churches, auditoriums, sports arenas, funeral chapels, theaters and other places of public assembly Multi -family dwelling, institutional space for each 4 seats maximum capacity 1 space per unit Hospitals, group care homes, long term care facilities and other healthcare facilities Dormitories/Bunkhouses 1 space per 2 beds at maximum capacity plus 1 space for each employee on duty 1 space per 4 residents at maximum capacity Public libraries, museums and art galleries; postak pace per 1,000 square feet of gross tfis; community/senior centers area Primary and secondary public and private schools 1 parking space for every 4 seats in the main auditorium or assembly room, or 3 parking spaces for every classroom plus 1 parking hip.: mailer eahyee, whichever is greater Post -secondary, vocational and music schools; dance studios and colleges Day care, nurseries and kindergartens 1/2 parking space for each instructor and 1/2 space for each student, based upon maximum student capacity at one time flfillp13berFcarn hnptlayee plus 1 space for each 1,000 square feet of gross fior area 91 about:blank 1/6 9/11/24, 9:OOAM I>1s buildings (public and private), fiamfbat iiesti t iad lot>r,a n d other similar uses �rP ftii (medical or dental) Entertainment and Services Seward, AK Code of Ordinances '1 parking space for each 500 square feet of iorsarea, but not less than 2 spaces J Two spaces per treatment room and one for each doctor, dentist, hygienist or other (professional practitioner on site. Skating rink, youth hall, fraternal and civic club, '1 parking space for each 100 square feet of assembly hall and other similar uses without gioarsarea flied seats Eating and drinking establishment Bowling alley Commercial 1 parking space per 200 square feet of gross tior area, or one for each 4 seats, whichever is greater 4 parking spaces for each alley plus 1 for each employee on duty Food store, shopping center and mall Barber, beauty and other personal services shop Retail store or service business 11 parking space for each 300 square feet of gaorsarea but not less than 6 spaces 1 parking space per 100 square feet of gross fior area 1 parking space for each 300 square feet of gars3rea Service or repair shop; retail store handling exclusively bulky merchandise such as machinery, furniture, wholesale stores, appliances, carpet, showrooms, etc. 1 parking space for each 400 square feet of gosorea Motor vehicle sales and service establishment Laundry and dry cleaning establishment 1 parking space for each 400 square feet of tiioarsamai;a: us 4 spaces for each auto service stall 1 parking space for each 500 square feet of poarsarea, or 1 parking space for each 4 coin -operated washing machines, dryers or dry cleaning machines, whichever is greater Gasoline service station Industrial 1 parking space for each 2 gas pumps plus 2 spaces for each grease rack, wash rack and stall (for servicing vehicles Industrial, processing, manufacturing and 11 parking space for each 500 square feet of assembling*wee shadpt that o *wide parking space as required for o Warehousing, storage and wholesale business 1 parking space for each 1500 square feet of icarsarea, but not Tess than 3 spaces 92 about:blank 2/6 9/11/24, 9:00 AM Seward, AK Code of Ordinances Marine Related Uses Harbor or marina Day cruise, charter boat operators licensed for 20 or more people 1 parking space for every 2 established boat stalls or equivalent berths based on an average boat length of 40 feet and, if a launch ramp is included, a minimum of 20% of the spaces will be long enough to accommodate vehicles with boat trailers 1 parking space per 4 people maximum capacity C. Unlisted uses. The requirements for off-street parking facilities for uses not specifically mentioned in this section shall be the same as the above -mentioned use which, in the opinion of the administrative official, is most similar to the use not specifically mentioned. D. Minimum dimensions of off-street spaces and aisles. The minimum dimensions of spaces and aisles shall be as follows: 1. Parking spaces shall be at least 9 feet wide and 18 feet long. 2. The minimum width of traffic aisles providing access to parking lot spaces shall be: Angle of Parking (degrees) One -Way (feet) Two -Way (feet) Parallel 12 20 30 14 21 45 16 22 60 18 23 90 20 24 E. Location. Subject to (1) and (2) of this subsection, all required parking shall be located on the lot occupied by the principal use served, or on a lot abutting the lot occupied by the principal use. 1. 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 93 about:blank 3/6 9/11/24, 9:00 AM Seward, AK Code of Ordinances attendant. 2. Required parking may be located on a lot not occupied by the principal use served only if (i) parking is a permitted or conditional use in the zoning district for the lot, and (ii) the lot is made subject to a recorded agreement among its owner, the owner of the lot occupied by the principal use and the City that the required parking will be maintained for the benefit of the principal use served for the life of that use. F. Site plan. A site plan showing all parking areas shall accompany all applications for building permits. Said plan shall show dimensions of spaces, curb cuts and other information necessary to determine compliance with the provisions of this section. The administrative official shall approve or reject the site plan on the basis of compliance with the requirements of this section. No building permit shall be issued until the parking site plan is approved. G. Street access. All off-street vehicle parking facilities shall be designed with appropriate means of access to street, alley or other right-of-way, and will have adequate maneuvering area. No driveway or curb cuts in any district shall be less than 12 feet or more than 35 feet in width. Detailed plans for all curb cuts shall be submitted to the administrative official for approval before a building permit is issued. H. Parking lots. Every lot or parcel of land used as a public or private parking area shall be developed as follows, subject to the approval of the plans by the administrative official: 1. Lighting of all parking areas shall be arranged to reflect away from adjacent residential areas and all public streets and highways; 2. All parking spaces and lots shall be durably surfaced, free of mud and standing water, and be dust free; 3. Where such area adjoins the side of a lot in any residential district, it shall be separated from such lot by a fence or hedge not less than 4 feet or more than 6 feet in height. Such fence or hedge shall be maintained in good condition and shall not extend beyond front yard lines required in such residential district; 4. All parking (except that serving single-family and duplex residences) shall be so arranged that ingress and egress are possible without backing over a sidewalk, sidewalk area, or onto a street of collector or larger designation; and 5. Turning and maneuvering space (except that which services single-family and duplex residences) shall be located entirely on private property, provided that the usable portion of an alley may be credited as aisle space subject to safety approval by the City engineer. I. Dual use of lots. Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately. In the instance of dual 94 about:blank 4/6 9/11/24, 9:00 AM Seward, AK Code of Ordinances function of off-street parking where operating hours of uses do not overlap, the planning and zoning commission may, by conditional use permit, reduce the required parking to any amount that meets the requirements of each use. J. Computation of numbers of spaces. In figuring the total parking requirements for a use, any fraction of or more shall require one more space. K. Reduction of spaces. No existing parking area and no parking area provided for the purpose of complying with the provisions of this section shall, after adoption of the ordinance codified in this chapter, be relinquished or reduced in any manner below the requirements of this section. L. Uses of parking areas. Required parking areas and spaces shall not be used for sales display, storage, repair work or any other purposes other than parking. All vehicles in custody of an operator of a business for service, repair, storage, sale, or other purpose shall be stored on the premises or on a separate vehicle parking lot and shall not be parked on a public right-of-way. M. Location on property. Parking spaces shall be permitted in any required yard area provided that within the residential districts no parking space shall be permitted within five feet of any side property line. N. Intersection with public street. At the intersection of any private drive or entrance or exit for a common parking area with a public street, no fence, wall, hedge, or other planting or structure forming a material impediment to visibility between a height of 21 feet and eight feet shall be erected, planted, placed or maintained, and no vehicle so impeding visibility shall be parked within triangular area defined by lines connecting points as follows: Beginning at the point where the midline of the private drive or entrance or exit for a common parking area intersects the public right-of-way to a point 35 feet along the right-of- way line in the direction of the nearer lane of approaching traffic, thence to a point 25 feet toward the interior of the property along the previously described midline, and thence to point of beginning. O. Accessible parking requirements. All parking shall comply with the Americans with Disabilities Act. P. Group use of lots. Where more than one tenant or use is included within any one building or on any one lot, the parking requirements shall be the sum total of the parking requirements for all of the various tenants or uses provided, however, that: 1. The aggregation of tenants or uses shall meet all the requirements within the definition of "shopping center" in order to become entitled to utilize the parking ratio specified in section 15.10.215(B). 2. Where a hotel or motel has other principal uses such as restaurants, bar and meeting rooms located on its premises, the principal use requiring the greatest amount of parking shall provide 100 percent of the required parking spaces and the other uses shall provide, in 95 about:blank 5/6 9/11/24, 9:00 AM Seward, AK Code of Ordinances addition, at least 70 percent of the parking spaces which would be required if these were stand-alone uses. 3. Where a convenience store includes a self-service gas station, the required parking shall be determined by the parking ratio specified in section 15.10.215(b). No additional parking spaces will be required for gasoline service station. (Ord. 626, § 3, 1989; Ord. 93-06; Ord. 94-17; Ord. 96-02; Ord. 96-13; Ord. 98-06; Ord. 98-09, § 2; Ord. No. 99- 13, § 1, 1999; Ord. 99-16, § 4, 1999; Ord. No. 2006-007, § 1, 9-7-2006; Ord. No. 2013-001, § 1, 1-28-2013; Ord. No. 2018-004, § 1) 96 about:blank 6/6 Short Term Rental Data Short Term Rentals: 2024: There have been 82 short term rental applications approved. 2022 Location Data: Zoning District Percent of total STR's located in the zoning district Residential Rural Residential 1.6% Single Family Residential 9.6% Two Family Residential 2.4% Multi Family Residential 0.8% Urban Residential 20.8% Commercial Office Residential 12% Auto Commercial 20% Central Business 30.4% Harbor Commercial 2.4% 98 SCC Title 16 Assessment Districts Chapter 16.05. Improvements Chapter 16.05. Improvements1 16.05.010. Required public improvements. The term "required public improvements" shall mean the following: 1. Streets. All streets located within a subdivision subject to the requirements of this title shall be not less than 50 feet in width and shall be gravel -surfaced according to city specifications. 2. Communication and electric lines. All new communication and electric lines shall be installed underground, unless found to be impractical by the commission and affirmed by the city council, and in accordance with specifications of the appropriate utility companies and the city. 3. Water system. Where the city water system will service the area covered by the plat or proposed plat, the subdivider shall provide the water system in accordance with the specifications established by the commission and affirmed by the city council. Fire hydrants shall be provided to standards established by the American Waterworks Association and shall be a brand specified by the city. The subdivider shall not be required to drill individual wells. 4. Sewer system. Where the city sewer system will service the area covered by the plat or proposed plat, the subdivider shall provide the sewer system in compliance with all applicable state and federal health and environmental laws and regulations. 5. Street lighting. Street lighting shall be installed in accordance with the requirements of the city. (Ord. 443, 1977; Ord. 610, 1988; Ord. No. 2024-008, § 1, 5-13-2024) 16.05.015. Compliance procedure. A. The subdivider, owner, proprietor or developer is deemed to have satisfied the requirements of this title when he has entered into the subdivision agreement with the city. The subdivision agreement shall be written to cover one or a combination of the following alternatives available to the subdivider: 1. The subdivider may elect to complete all required public improvements prior to approval and recording of the final plat or prior to sale or issuance of a building permit, as the case may be. If this is done, the subdivision agreement, delineating the construction and inspection requirements for each improvement, shall be entered into prior to commencement of construction. 2. The subdivider may elect to complete required improvements after approval and recording of the final plat, the conveyance or the issuance of the building permit. In this event, the subdivision agreement shall delineate: a. The construction and inspection requirements of the appropriate governmental agency or city department concerning the required improvements; b. The time schedule for completion of required improvements; c. A method of insuring that such improvements shall be completed to the specifications required and in the time schedule agreed upon. 'See Sec. 14.15.535 as to electric service extensions to subdivisions. Seward, Alaska, Code of Ordinances (Supp. No. 28-1) Created: 2024-08-06 13:39:33 [EST] Page 1 of 3 100 3. The subdivider may elect to form a special assessment district prior to any sales, obligating all property owners in the subdivision to assume the costs of all required public improvements not previously installed. B. The improvements required under the terms of the subdivision agreement shall be fully completed within three years of the date of execution of the agreement, except if a special assessment district has been formed, in which case improvements will be installed when a sufficient demand is made of the city. C. The subdivision agreement shall provide for the apportionment of the costs of required public improvements between the city and the subdivider as provided in the special assessment district or as follows: 1. Administrative and recording costs relating to public improvements guarantees. The subdivider shall pay 100 percent of all costs incurred in supplying and administering any method of public improvement guarantees provided for in subsection (d) of this section; 2. Inspection, surveillance and testing. The subdivider shall pay 100 percent of all costs relating to any inspection, surveillance and testing by the city necessary for final acceptance of any required public improvement. Costs of inspection, surveillance and testing shall be established in advance between the developer and the city upon the developer's request; 3. Streets. The subdivider shall pay 100 percent of the cost of streets within the boundaries of the subdivision; 4. Water improvements. The subdivider shall pay 100 percent of the cost of all water facilities constructed within the subdivision; 5. Sewer system. The subdivider shall pay 100 percent of the sanitary sewer system installed within the subdivision; 6. Electric and communication. The subdivider shall pay 100 percent of the cost of installing electric lines with cost participation as provided in the current approved tariffs of the communication company serving the subdivision; 7. Street lighting. The subdivider shall pay 100 percent of the cost of street lighting apparatus. D. To assure the installation of required public improvements which are not accepted at the time the final plat is filed, the subdivision agreement shall require the subdivider to guarantee the completion of all such improvements by one or more of the methods specified below. The means of a guarantee may be changed during the guarantee period through a written modification of the agreement. The amount of guarantee shall be determined on the basis of the subdivider's cost estimate. The guarantee shall remain in effect until final acceptance of the required public improvements. The engineer's cost estimate shall state the estimated cost of completion for each required public improvement. Cost estimates for each required public improvement must be approved by the city manager. For purposes of establishing the amount necessary for the guarantee of completion of public improvements, a percentage for overrun allowance shall be added to the total estimated cost of public improvements as follows: Total Estimated Cost of Improvements Percentage of Overrun Allowance $0.00 to $500,000.00 20% $500,001.00 to $1,000,000.00 15% $1,000,001.00 and over 10% E. The subdivision agreement shall include one or more of the following methods to guarantee the construction of required public improvements: 1. Performance bond. The subdivider may elect to provide a surety bond from a company authorized to do business in the state. The bond shall be in an amount equal to the estimated cost of all required (Supp. No. 28-1) Created: 2024-08-06 13:39:33 [EST] Page 2 of 3 101 public improvements plus an overrun allowance as provided above. The bond shall be payable to the city in the event that any required public improvements are not finally accepted in accordance with the provisions of this subdivision agreement and shall be posted by no person other than the subdivider. 2. Deposit in escrow. The subdivider may elect to deposit a cash sum equal to the estimated cost of all required public improvements, plus overrun allowances as provided above, either with the city or in escrow with a responsible financial institution authorized to do business in the state. In case of an escrow account, the subdivider shall file with the city an escrow agreement which includes the following terms: a. Funds of the escrow account shall be held in trust until released by the city and may not be used or pledged by the subdivider as security in any matter during that time other than payment for the improvements. The funds may be used for payment of improvements as made, except that the escrow holder shall withhold from disbursement so much of the funds as is estimated to be necessary to complete the construction and installation of such improvements, plus an overrun allowance as provided above. b. In the case of a failure on the part of the subdivider to complete any improvement within the required time period, the institution shall immediately make all funds in the account available to the city for use in the completion of those improvements. 3. Letter of credit. The subdivider may elect to provide from a bank or other responsible financial institution authorized to do such business in Alaska, an irrevocable letter of credit. Such letter shall be filed with the city and shall certify the following: a. That the creditor irrevocably guarantees funds in an amount equal to the estimated cost of all required public improvements plus overrun allowances as provided above for the completion of all such improvements; b. That in case of failure on the part of the subdivider to complete any specified improvements within the required time period, the creditor shall pay to the city immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. (4) Special assessment district. The subdivider may elect to pay all required assessments levied against the property for the installation of public improvements. The city shall make every reasonable effort to obtain all grant moneys available for financing of the public improvements. (Ord. 443, 1977; Ord. 610, 1988; Ord. No. 2024-008, § 1, 5-13-2024) (Supp. No. 28-1) Created: 2024-08-06 13:39:33 [EST] Page 3 of 3 102 Summary of Recent Accomplishments Seward Housing Solutions: City of Seward Accomplishments Compiled by Carol Griswold Planning and Zoning/Council Rezoning for housing and/or higher density Spruce Street, Juniper, Laurel Streets rezone from Rural Residential to R3 to allow Duplexes and multi -family (3 or more). No development yet. 2204 Dimond Blvd Senior Housing rezoned from Park to R3 Second Ave between A St and D St, east side: rezone from R1 to OR allows duplexes and multi -family dwellings (3 or more) No changes yet. (con: also allows whole house STR) Dunham Drive Phoenix Estates, Zimmerman property, rezoned from R1 to R3 Phoenix Drive, Hilltop Properties, Tougas: rezoned from R1 to R2 R1 homes being built now Subsidized housing planned. No development yet. Sea Lion Drive, Seward City Services rezone from Institutional to AC to allow for employee housing. No development yet. Resurrection Bay Investments on Nash Road, rezone from Industrial to R3 to allow condominiums and single family in a planned unit development. No development yet. Public Works Facility on Sixth, planned rezone from AC to ? when facility moves. Lots approved by Council. No development yet. Planning and Zoning CUPS for higher density: (not exhaustive list) 106 Caines St 2003-10 30-unit low-income apartment complex, Resolution 2003-10, Permit 2003-04 2007 Dunham Drive R2 three-plex Resolution 2022-020, Permit 2022-007 2011 Dunham Drive R2 four-plex Resolution 2022-008, CUP 2022-002 2004, 2006, 2008 Phoenix Drive, R2 1 three-plex and two four-plexes, Resolution 2021-023, Permit 2021-04 100 Benson Dr construct 12-unit apartment, Resolution 2019-017, Permit 2019-10 809 Third Ave, construct 9-plex with crew housing in AC, Resolution 2022-013, Permit 104 2022-004 531 Third Ave, construct a 12-unit studio apartment in AC, Resolution 2018-011, Permit 2018-04 Planning and Zoning CUPS for housing not otherwise not allowed in zone 1606 Leirer Road Bunkhouse in Industrial, Resolution 2006-01, Permit 2006-01 1804 Leirer Road bunkhouse in Industrial, Resolution 2023-016, Permit 2023-003 1804 Leirer Road bunkhouse in Industrial, Resolution 2024-018 800 Port Ave bunkhouse in Industrial, Resolution 1997-05, Permit 1997-05 1607 NW Circle in Industrial, modified shipping containers for seasonal employee housing, Resolution 2009-04, Permit 2009-04 208 Phoenix Rd bunkhouse in AC, Resolution 2008-18, Permit 2008-06 208 Phoenix Rd bunkhouse in AC, Resolution 2024-003, Permit 2024-003 703 Third Ave 10-unit apartment, Resolution 2019-003, Permit 2019-03 1103 Second Ave fourplex in UR, converted to STR, Resolution 2019-002, Permit 2019-02 Land swaps Potential land swap at 1001 Hemlock and zoning change from Institutional to AC to allow potential CUP for multifamily housing (and other uses), potential utility extension mentioned by private landowner Foreclosure In 2019, the city spent $1000s to clear a foreclosed dilapidated house, garage/shed, and junk, and removed hazardous waste. The four 30x100' lots in an R1 zone were sold individually at a closed bid auction for housing. 516 First Ave, purchased by Anchorage resident, remains vacant 518 First Ave, purchased by same Anchorage resident, remains vacant No physical address available, (should be 520) purchased by then Seward resident, remains vacant 522 First purchase by adjacent homeowner for a detached garage, in progress now. Failed attempts by city to rezone to residential zoning, costing many $1000s on feasibility studies: Forest Acres Campground Mt Alice Bench 105 Utility Extensions: 2024 Maple Street water and sewer Developer Incentive Programs Developer Reimbursement Program Title 15 Land Uses Allowed changes STR policy changed to prohibit whole house rentals in residential zones, except OR. Other city investments supporting housing STR tracking program, seeks compliance with code through extensive efforts by Community Development staff. Lawsuit to ensure compliance with code: 2024 Maple Street illegal STR shut down 106