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HomeMy WebLinkAbout10082024 Planning & Zoning PacketPlanning & Zoning Commission Meeting Packet Regular Meeting Tuesday, October 8, 2024 Council Chambers, City Hall 7: 00 p.m. 1963 1965 2005 kintual All-Amenca City 1 I I.. The City of Seward, Alaska PLANNING & ZONING COMMISSION MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones and devices during the meeting Chair Carol Griswold Vice Chair Brenan Hornseth Commissioner Nathaniel Charbonneau Commissioner Vanessa Verhey Commissioner Sean Ulman Commissioner Rhonda Hubbard Commissioner Clare Sullivan 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Community Development Director Daniel Meuninck City Planner Courtney Bringhurst Executive Assistant Clara Brown City Clerk Kris Peck October 8, 2024 at 7:00 p.m. 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.) 5. APPROVAL OF AGENDA AND CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed under Item 7. Consent Agenda items are not considered separately unless a commissioner requests. In the event of such a request, the item is returned to the Regular Agenda. Marked with *) 6. SPECIAL ORDERS, PRESENTATIONS, AND REPORTS A. Proclamations and Awards - None B. City Administration Report C. Other Reports and Announcements - None D. Presentations (Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by the commission.) - None 7. CONSENT AGENDA A. Minutes of Preceding Meeting 1)* Approve September 3, 2024 Planning & Zoning Commission Meeting Minutes 5 2)* Approve September 11, 2024 Planning & Zoning Commission Special Meeting Minutes .9 Planning & Zoning Commission Meeting Agenda October 8, 2024 2 8. PUBLIC HEARINGS (Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.) A. Resolutions Requiring Public Hearing 1) Resolution 2024-020, of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to Robert Williams to use the Unsubdivided Portion of Survey No. 149, Located at 2405 Seward Hwy; and Lot B1, Forest Acres Subdivision Levee Replat, Located at 2413 Seward Hwy, for Commercial Outdoor Storage; Within an Auto Commercial (AC) Zoning District 14 *This is a quasi-judicial item. Commissioners may not discuss any items pertaining to this Resolution with the applicant, other commissioners, or the public. 9. UNFINISHED BUSINESS A. Resolutions - None 10. NEW BUSINESS A. Resolutions 1) Resolution 2024-021, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Support the Kenai Peninsula Borough Assembly Approval of the 2024 Kenai Peninsula Borough Hazard Mitigation Plan Update, which will include the City of Seward and the City of Seldovia 34 2) Resolution 2024-022, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of the Original Townsite of Seward, Lots 12, 13, 14 & North 1/2 of Lot 15, Block 15; Located at 313 & 315 Fourth Ave; Creating Lot 14A, Seward Original Townsite Wisel Replat 39 B. Other New Business 1) City Attorney discussion and Q&A with Commissioners regarding quasi-judicial proceedings. 2) Discuss work session topic for Wednesday, October 23, 2024. a. Housing Discussion (i) Parking (ii) Accessory Apartments (ADU's) (iii)Building Height (iv)Land uses allowed (STRs, bunkhouses, construction camps) (v) Title 16 (Assessment Districts) b. Marijuana regulations 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) Planning & Zoning Commission Meeting Agenda October 8, 2024 3 A. Reminder of Meetings 1) Work session on Wednesday, October 23, 2024, at 6:00 pm in Council Chambers at City Hall. 2) November 5, 2024, meeting RESCHEDULED due to elections. 3) Two meetings on Tuesday, November 19, 2024, in Council Chambers at City Hall. a. Work Session at 5:30 pm b. Regular Meeting at 7:00 pm B. Other Items 12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.) 13. COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 14. ADJOURNMENT Planning & Zoning Commission Meeting Agenda October 8, 2024 4 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 3, 2024 Volume 8, Page CALL TO ORDER The September 3, 2024 Regular Meeting of the Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Carol Griswold. OPENING CEREMONY Chair Carol Griswold led the Pledge of Allegiance to the flag. ROLL CALL There were present: Carol Griswold, presiding, and Brenan Hornseth Nathaniel Charbonneau Vanessa Verhey Sean Ulman Rhonda Hubbard Clare Sullivan comprising a quorum of the Commission; and Daniel Meuninck, Community Development Director Courtney Bringhurst, City Planner Clara Brown, Executive Assistant Kris Peck, City Clerk Jodi Kurtz, Deputy City Clerk Excused — Hornseth Absent — None Vacant — None CITIZEN COMMENTS ON ANY SUBJECT - None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Carbonneau/Verhey) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approve August 6, 2024, Planning & Zoning Commission Meeting Minutes 5 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 3, 2024 Volume 8, Page SPECIAL ORDERS, PRESENTATION, AND REPORTS City Administration Report Community Development Director Daniel Meuninck spoke on the city's 30-day draft period on the updated Hazard Mitigation Plan and what the next steps might be. He shared information on the Public Engagement Survey for Comprehensive Plan. Meuninck noted the Kenai Peninsula Borough (KPB) Safety Action Plan follow up meeting would be coming up on Tuesday, September 10, 2024. Meuninck announced that the Seward Murial Society was celebrating 25 years of painting murals and was planning a new mural about the Iditarod Trail. PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2024-017, of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to Grace Group Properties 1 LLC to Construct a 42-Room Hotel on Lots 12, 13, 14 and the North'/2 of lot 15, Block 15, Original Townsite of Seward; Located at 313 and 315 Fourth Ave; Within a Central Business (CB) Zoning District (This is a quasi-judicial item. Commissioners may not discuss any items pertaining to this Resolution with the applicant, other commissioners, or the public) Motion (Sullivan/Charbonneau) Approve Resolution 2024-017 Bringhurst referred to the packet and the conditions being proposed in this resolution. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. John Wisel, inside city limits, was the applicant for this Conditional Use Permit. Wisel explained the project plan of the new hotel and how it would benefit the community. Wisel's business model was to remain open year-round and employ locals. Wisel was committed to investing in downtown Seward. He explained how the hotel would operate with a sophisticated self -check -in process and also utilize his shuttle service from an off -site parking lot. Chair Griswold relaxed the rules to allow for a question -and -answer session with the applicant. The commission and Wisel discussed in more detail the self -check process, shuttle service, parking, special events, and hotel capacity. The commission expressed concerns about parking congestion and how guests would rather park downtown than utilize the shuttle service. Joanne Frey, inside city limits, was concerned about hotel employees parking in front of her residence. The parking area was already busy and difficult to find a parking space. No one else appeared and the public hearing was closed. 6 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 3, 2024 Volume 8, Page The commission carefully reviewed the findings that were presented in the resolution. The commission provided feedback that differed significantly from what was presented. City Clerk Kris Peck acknowledged that the sheer number of suggested changes to the resolution would require more work. He suggested making a motion to postpone this resolution. This would allow Community Development staff time to take the feedback into account and draft a substitute version of the resolution. In order to handle the matter in a timely fashion, a special meeting could be called. Motion (Sullivan/Charbonneau) Postpone Resolution 2024-017 to a Date to be Determined by the Commission Motion Passed Unanimous Resolution 2024-018, of the Planning and Zoning Commission of the City of Seward, Alaska, granting a Conditional Use Permit to Major Marine Tours to Construct a Second Employee Bunkhouse on Tract B, Leirer Industrial Subdivision; Located at 1804 Leirer Road; Within an Industrial (I) Zoning District (This is a quasi-judicial item. Commissioners may not discuss any items pertaining to this Resolution with the applicant, other commissioners, or the public) Motion (Sullivan/Charbonneau) Approve Resolution 2024-018 Bringhurst summarized the application for this Conditional Use Permit. She went over the conditions which included onsite parking, separate street address for each structure, appropriate landscaping, and dumpster requirements. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Colby Lawrence, outside city limits, was the applicant for this Conditional Use Permit. He explained how there was one bunkhouse already on property and it was a huge upgrade for Major Marine Tours employee housing. Lawrence noted this bunkhouse would be identical to the current one. Chair Griswold relaxed the rules to allow for a question -and -answer session with the applicant. Lawrence clarified they had ample parking and most of their employees did not have their own cars and instead rode bicycle in the summer He answered questions about cleaning the rooms, communal kitchen use, common areas, and bathrooms. Lawrence also confirmed that the bunkhouse could be rented out during the winter. Larry Harmon, inside city limits, said he was the builder and was available for questions. City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 3, 2024 Volume 8, Page Hubbard asked Harmon about the dirt that was being moving around on the site. Harmon explained he was trying to get a jumpstart on obtaining a soil sample. This sample would help determine what the structural engineer might need to do at the site. The commission further discussed parking and dumpsters with Harmon. No one else appeared and the public hearing was closed. Resolution 2024-018 was amended in Condition #8 to strike the line with roof so it would read: A three -walled structure must be provided on site to house the bear resistant containers. Resolution 2024-018 was amended in Condition #3 to read: A minimum of 8 parking spaces must be required onsite including at least 1 ADA compliant space. Main Motion as Amended Passed Unanimous Resolution 2024-019, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of The Point Subdivision, Tract A; Located at 1823 Nash Road; Creating the Point Subdivision No. 2, Tract Al and Lots 1 & 2 Motion (Charbonneau/Sullivan) Approve Resolution 2024-019 Bringhurst summarized the resolution from the agenda packet and explained how the parcels were both inside city limits and outside city limits The applicant was requesting the property be divided into different parcels. The end result would be three total parcels: Tract Al would be inside city limits, and Lots 1 & 2 would be outside city limits. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. The commission agreed this resolution was pretty straight forward. Motion Passed Unanimous NEW BUSINESS Other New Business Discuss work session topic for September 17, 2024 Meuninck summarized some of the possible topics for the commission to chose from including housing. The commission chose to discuss "Housing" as their Work Session topic for Tuesday, September 17, 2024. 8 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 3, 2024 Volume 8, Page The commission determined a special meeting would be called on Wednesday, September 11, 2024 at 7:00 p.m. for the continuation of Resolution 2024-017 The commission agreed to host an additional Work Session on Tuesday, October 8, 2024 at 5:30 p.m. to discuss the Police Building Site Plan. The commission changed the date of their October Work Session to Wednesday, October 23, 2024 at 6:00 p.m. The topic was TBD. INFORMATIONAL ITEMS AND REPORTS Work session on September 17, 2024, at 6:00 pm in Council Chambers at City Hall Regular meeting on October 8, 2024, at 7:00 pm in Council Chambers at City Hall CITIZEN COMMENTS John Wisel, inside city limits, intended to have heated sidewalks installed to help mitigate the snow and ice on the sidewalks around the hotel. Wisel. He said his immediate family all lived in Seward and he wanted to promote year-round business in this community. Wisel's hotel business would also support other Seward businesses by buying art and plants from locals. He hoped the commission would work with him to make this hotel a reality. Overall, the hotel concept would be a good fit for the downtown area. Wisel asked if the upcoming Special Meeting would be open to the public. BOARD AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bringhurst clarified that the Special Meeting on Wednesday, September 11, 2024 was open to the public and Mr. Wisel was welcome attend. Sullivan said this was a great meeting and appreciated everyone for showing up tonight. She thanked the City Clerk for his help tonight. Ulman asked for clarification about the rules and structure of the upcoming Special Meeting. Bringhurst said the format would be the same, but the only difference would be the public hearing had already occurred. Charbonneau thanked administration for all their work and thanked the public who came out tonight. Verhey echoed Charbonneau's comments. Hubbard thanked John Wisel for his submission and said it was an intriguing project. She hoped the commission could find a way to make the concept hotel work. Hubbard thanked city staff for putting their best foot forward. On another topic, Hubbard heard that several Seward restaurants 9 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 3, 2024 Volume 8, Page were closing within a week of each other. She hoped there was enough business in town to keep at least keep half of the restaurants open. She thanked everyone for a good meeting. Griswold thanked everyone for their patience during this long meeting. She was glad that the Conditional Use Permit was going to be brought back with revisions. She appreciated the City Clerk for keeping her on track and thanked city staff for all their input. ADJOURNMENT The meeting was adjourned at 9:45 p.m. Jodi Kurtz Carol Griswold Deputy City Clerk Chair (City Seal) 10 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 11, 2024 Volume 8, Page CALL TO ORDER The September 11, 2024, Special Meeting of the Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Carol Griswold. OPENING CEREMONY Chair Carol Griswold led the Pledge of Allegiance to the flag. ROLL CALL There were present: Carol Griswold, presiding, and Brenan Hornseth Nathaniel Charbonneau Vanessa Verhey Sean Ulman Rhonda Hubbard Clare Sullivan comprising a quorum of the Commission; and Daniel Meuninck, Community Development Director Courtney Bringhurst, City Planner Clara Brown, Executive Assistant Kris Peck, City Clerk Excused — None Absent — None Vacant — None CITIZEN COMMENTS ON ANY SUBJECT - None APPROVAL OF AGENDA Motion (Sullivan/Charbonneau) Approval of Agenda Motion Passed Unanimous 11 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 11, 2024 Volume 8, Page UNFINISHED BUSINESS Resolutions Resolution 2024-017, of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to Grace Group Properties 1 LLC to Construct a 42-Room Hotel on Lots 12, 13, 14 and the North'/2 of lot 15, Block 15, Original Townsite of Seward; Located at 313 and 315 Fourth Ave; Within a Central Business (CB) Zoning District This item was postponed at the September 3rd, 2024, Planning and Zoning Regular Meeting. It is a quasi-judicial item. Commissioners may not discuss any items pertaining to this Resolution with the applicant, other commissioners, or the public. Griswold introduced the resolution and explained why it was postponed. She noted the public correspondence and posted on the city Planning & Zoning website. She asked commissioners to disclose any ex parte contact. No ex parte contact was declared. Griswold relaxed the rules to allow the applicant John Wisel to speak. John Wisel spoke in more detail about how his hotel would likely be booked in large blocks of 12 rooms and the guests would be brought by a hotel shuttle. Many other guests also arrived in Seward without a personal vehicle and thus would not need any parking. Wisel had spoken with the Seward Fire Chief and understood the concerns. Wisel also planned to provide ADA access for the front entrance on Fourth Ave. He was excited to develop this hotel and be open year-round. Motion (Sullivan/Charbonneau) Approval of Substitute Resolution 2024- 017 The clerk and the commission clarified that a resolution could not be amended to incorporate mixed or negative findings. If a commissioner disagreed with the resolution, then the option would be to vote no. Bringhurst summarized the differences in the substitute resolution compared to the original. The commission discussed the parking situation, the shuttle service, the concerns of the fire chief, and the 100% lot coverage of the hotel. Substitute Resolution 2024-017 was amended to Condition #7 to include: or applicant will provide functioning heated sidewalks along the hotel on Church Street and Fourth Avenue in Season Motion as Amended Failed Yes: Hornseth No: Verhey, Sullivan, Hubbard, Ulman, Charbonneau, Griswold 12 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 11, 2024 Volume 8, Page CITIZEN COMMENTS John Wisel, inside city limits, said the final vote was unfortunate. He felt it was impossible to compete with all the free parking that was available downtown. He wanted to clarify that the fire marshal understood the project. Wisel hoped for a work session in the future to discuss the ideas in more detail. Wisel was mindful about how many hotel guests he expected to have and estimated it would result in roughly 8-10 vehicles per day. Wisel described how his family would come down to Seward to enjoy the Fourth of July Holiday. His idea would be to close the hotel over the Fourth of July which was unique to his family's business model. Wisel felt strongly that he had proposed a project that was mindful to the area. COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Meuninck thanked the commission for agreeing to hold this special meeting. He thanked John Wisel for bringing forth this application. He noted how Wisel was good at evaluating the current governmental process. Meuninck said he would be interested in holding a work session on the project to allow more back and forth discussion. Hubbard asked if was okay to discuss future plans with John Wisel at this point. Griswold clarified the appeal period was 10 days and then after that would be okay to speak freely with Wisel. Hubbard mentioned that without a CUP, it would be difficult for Wisel to pursue leases and financing. She thanked Wisel for presenting this application and persevering with the process. Hubbard felt the commission would be interested in working with Wisel again on future projects. Griswold responded to applicant's comments that the city code currently stated that the parking agreement had to be between the applicant, the lessee, and the City of Seward for the life of the hotel. It might be difficult to get TelAlaska, the Volunteer Fire Department, or GCI to tie up their properties for that long. ADJOURNMENT The meeting was adjourned at 7:52 p.m. Kris Peck Carol Griswold City Clerk Chair (City Seal) 13 Planning and Zoning Agenda Statement Meeting Date: October 8, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2024-020: Granting a Conditional Use Permit to Robert Williams to use the Unsubdivided Portion of Survey No. 149, Located at 2405 Seward Highway; and Lot B1, Forest Acres Subdivision Levee Replat, Located at 2413 Seward Highway, for Commercial Outdoor Storage; Within an Auto Commercial (AC) Zoning District Background and justification: Robert Williams and Travis Maurer have applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to use their property located at 2405 and 2413 Seward Highway for commercial outdoor storage. The applicant has specified that they intend to use the property to store boats, recreational vehicles, and contractor equipment / supplies. The parcel is located within the Auto Commercial (AC) zoning district. The applicant already has plans to commercially store boats on the property, which is allowed outright in the AC district. While commercially storing recreational vehicles or contractor equipment / supplies is not listed specifically in the Land Uses Allowed Table, the definition for outdoor storage includes the "commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time." By this definition, recreational vehicles and contractor equipment / supplies would be classified as outdoor storage. Outdoor storage is allowed within the AC zoning district with an approved CUP. The applicant has complied with all the public hearing requirements of Seward City Code § 15.01.040. Regarding conditional uses, Seward City Code § 15.10.320 states, "it is recognized that there are some uses which may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property, and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission shall permit this type of use if the conditions and requirements listed in this chapter (Title 15) are met." 14 Prior to granting a conditional use permit, the Commission shall establish that the use satisfies the following conditions as listed in SCC § 15.10.320(D): 1. The use is consistent with the purpose of this chapter and the purposes of the zoning district; 2. The value of the adjoining property will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above - mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Surrounding Land Use and Zoning: Development Requirements: The only proposed development to the property is a fence which is already installed around the perimeter of the properties. Fences are allowed to be placed anywhere within the property, including directly on the property line. Surrounding Land Use: The property to the west is the city snow dump and is zoned Resource Management. The property to the south is vacant, zoned Institutional, and used to access the city snow dump. The property to the north is vacant and is zoned Resource Management. The property to the east is the Seward Airport and is zoned Industrial. Floodplain status: According to the Kenai Peninsula Floodplain Map, the entire property is within the Seward Mapped Flood Data Area (SMFDA), and portions of the property are also in the AE Floodplain. A floodplain development permit will be required prior to construction of any structures. Utilities: City water and sewer are not available to the property. A building permit may not be issued for the construction of any structure that would require the use of city water and sewer. The city code also requires that every building or building site within the city must provide containers suitable for refuse collection (SCC 14.05). All containers shall be watertight with an animal -proof lid. Parking: The proposed use does not require a specific number of parking spaces as the use itself is essentially a long-term parking lot for boats, vehicles, and recreational vehicles. Owners shall comply with all applicable SCC §15.10.215 H. Parking Lots requirements including #1. Lighting of all parking areas shall be arranged to reflect away from adjacent residential areas and all public streets and highways; and #2. All parking spaces and lots shall be durably surfaced, free of mud and standing water, and be dust free. 15 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.1.1.4 — Support private sector business, employment, and Plan: programs. • Support and encourage the growth of business Vol 1, Chapter 1.3.6 COMMUNITY APPEARANCE • Improve the appearance of the entire community through increased landscaping, beautification and litter control efforts, through more attention to sign control and through promoting the preservation of Seward's historic architecture. Vol 1, Chapter 3.2.1.3 • Establish an attractive highway corridor from Mile 0 to 8. • Coordinate with local residents and the Kenai Peninsula Borough Planning Department to develop a specific land use plan for the corridor from Resurrection River to Mile 8 and areas adjacent to the city. Strategic Plan: N/A Staff Comments Mr- 7 Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Public Notice Property owners within three hundred (300) feet of the location of the proposed Conditional Use Permit action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication the Community Development Department has not received public inquiries regarding the proposed Conditional Use Permit. If any correspondence is received after publication of this agenda statement, it will be submitted to the Planning and Zoning Commissioners for their review. 16 1. The applicant shall work with the building official through the building permit process to address any requirements per International Fire Code and International Building Code. 2. For any upgrades or connections to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued, the applicant will work with the appropriate city departments. 3. The driveway on the east side connecting the property with the highway shall be lined up with the interior drive to provide more room to pull in or out without obstructing traffic. 4. The driveway on the north side connecting the property with Dieckgraeff shall be moved west, next to the proposed easement to allow more space between the driveway and the intersection with the Seward Highway and lined up with an interior driveway to ensure that vehicles/boats/RVs entering or exiting the lots will not interfere with traffic on Dieckgraeff. 5. If there is a ditch, a culvert shall be installed under the north driveway to provide adequate drainage. 6. Refuse containers designed to prevent the upsetting or spillage by wind, weather, animals, or accident, such as a dumpster with a locking lid or other bear -resistant container shall be provided for all garbage and refuse for the life of the use. 7. A three -walled structure must be provided on site to house and screen the refuse container(s). 8. Snow will be stored on -site or hauled off -site for proper disposal. 9. No camping or habitation is allowed. 10. No maintenance of boats, trailers, vehicles, or RVs is allowed on -site. 11. Fluid spills, including fuel, antifreeze, hydraulic fluid, transmission fluid, brake fluid, must be promptly cleaned up and disposed properly. 12. No graywater or sewage dumping is allowed. 13. Any areas not used for storage will be landscaped and maintained. 14. As this is a prominent property along the Seward highway corridor, vegetative, solid slat fencing or other screening will be provided along the entire highway frontage to help establish an attractive highway corridor. 15. Per Seward City Code § 15.10.325(f). an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 16. Modification of final approval of a conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Recommendation The proposed use is permittable through the Conditional Use Permit process, which allows the Commission the opportunity to ensure that the use is consistent with the purpose of the zoning district and surrounding land uses, is in harmony with the Comprehensive Plan, and will not be harmful to the public safety, health, or welfare. 17 Sponsored by: Applicant Public Hearing: October 8, 2024 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-020 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO ROBERT WILLIAMS TO USE THE UNSUBDIVIDED PORTION OF SURVEY NO. 149, LOCATED AT 2405 SEWARD HIGHWAY; AND LOT B1, FOREST ACRES SUBDIVISION LEVEE REPLAT, LOCATED AT 2413 SEWARD HIGHWAY, FOR COMMERCIAL OUTDOOR STORAGE; WITHIN AN AUTO COMMERCIAL (AC) ZONING DISTRICT WHEREAS, Robert Williams and Travis Maurer have applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to use their property located at 2405 and 2413 Seward Highway for commercial outdoor storage; and WHEREAS, the applicant intends to use the property to commercially store boats, recreational vehicles, and contractor equipment / supplies; and WHEREAS, the property is in an auto commercial (AC) zoning district; and WHEREAS, commercial storage of boats is allowed outright in the AC zoning district; and WHEREAS, the commercial storage of recreational vehicles or a contractor laydown yard is not specified explicitly within the land uses allowed table; and WHEREAS, recreational vehicles are defined as "a vehicle used or intended to be used as transient living or sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design...Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes, truck campers, and similar vehicles"; and WHEREAS, the land uses allowed table states that outdoor yard or material/equipment storage is allowed in the AC zoning district with an approved CUP; and WHEREAS, outdoor storage is defined as "the commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk, material, merchandise, or vehicles in the same place for an extended period of time"; and WHEREAS, this definition fits the intended use of RV storage and a contractor laydown yard; and WHEREAS, the applicant's site plan shows that the storage area will be enclosed by a fence; and 18 CITY OF SEWARD, ALASKA RESOLUTION 2024-020 WHEREAS, the property to the west is the city snow dump and is zoned Resource Management; and WHEREAS, the property to the south is vacant, zoned Institutional, and used to access the city snow dump; and WHEREAS, the property to the north is vacant and is zoned Resource Management; and WHEREAS, the property to the east is the Seward Airport and is zoned Industrial; and WHEREAS, the property does not have access to city water or sewer, making it very difficult to develop a business that requires those services; and WHEREAS, the proposed use of the property to commercially store boats, recreational vehicles, and contractor supplies will not require the use of city water or sewer; and WHEREAS, the property does have access to city electricity; and WHEREAS, the property can be accessed from Seward Highway and Dieckgraeff Road; and WHEREAS, SCC 15.10.3200 recognizes that there are some uses which may be compatible with designated principal uses in specific zoning districts provided certain conditions are met; and WHEREAS, the applicant has complied with all of the public hearing requirements of Seward City Code § 15.01.040; NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The Commission finds that the proposed use satisfies the following conditions as specified in SCC 15.10.320.D. A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. B. The value of adjoining property will not be significantly impaired. C. The proposed use is in harmony with the Seward Comprehensive Plan. D. Public Services and facilities are adequate to serve the proposed use. E. The proposed use will not be harmful to the public safety, health or welfare. Section 2. Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions shall be met by the applicant. Approval of the CUP shall be subject to the following conditions: 19 CITY OF SEWARD, ALASKA RESOLUTION 2024-020 1. The applicant shall work with the building official through the building permit process to address any requirements per International Fire Code and International Building Code. 2. For any upgrades or connections to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued, the applicant will work with the appropriate city departments. 3. The driveway on the east side connecting the property with the highway shall be lined up with the interior drive to provide more room to pull in or out without obstructing traffic. 4. The driveway on the north side connecting the property with Dieckgraeff shall be moved west, next to the proposed easement to allow more space between the driveway and the intersection with the Seward Highway and lined up with an interior driveway to ensure that vehicles/boats/RVs entering or exiting the lots will not interfere with traffic on Dieckgraeff. 5. If there is a ditch, a culvert shall be installed under the north driveway to provide adequate drainage. 6. Refuse containers designed to prevent the upsetting or spillage by wind, weather, animals, or accident, such as a dumpster with a locking lid or other bear -resistant container shall be provided for all garbage and refuse for the life of the use. 7. A three -walled structure must be provided on site to house and screen the refuse container(s). 8. Snow will be stored on -site or hauled off -site for proper disposal. 9. No camping or habitation is allowed. 10. No maintenance of boats, trailers, vehicles, or RVs is allowed on -site. 11. Fluid spills, including fuel, antifreeze, hydraulic fluid, transmission fluid, brake fluid, must be promptly cleaned up and disposed properly. 12. No graywater or sewage dumping is allowed. 13. Any areas not used for storage will be landscaped and maintained. 14. As this is a prominent property along the Seward highway corridor, vegetative, solid slat fencing or other screening will be provided along the entire highway frontage to help establish an attractive highway corridor. 15. Per Seward City Code § 15.10.325(f). an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 16. Modification of final approval of a conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. 20 CITY OF SEWARD, ALASKA RESOLUTION 2024-020 Section 3. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 2 are met by the applicant before a certificate of occupancy is granted, and authorizes administration to issue a conditional use permit to Robert Williams and Travis Maurer to use their property located at 2405 & 2413 Seward Highway for commercial outdoor storage. Section 4. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320: Conditional Use Permits. A Conditional Use Permit may be transferred to a new owner per § 15.10.320(G), in which case the new owner will be required to maintain conformance to the conditions of the permit. Section 5. Administration shall periodically confirm the approved conditional use conforms to the standards of its approval. Nonconformance to these above stated conditions shall be grounds for revoking the Conditional Use Permit. Section 6. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 8t1i day of October, 2024. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck - City Clerk - (City Seal) 21 Context Map • 400 feet 1.ohr Conditional Use Permit Application Property Map Rural Residential Two-family Residential Multi -family Residential Auto Commercial Park Institutional Resource Management Industrial RES 2024-020 - Granting a conditional use permit for commercial outdoor storage Location: 2405 & 2413 Seward Hwy Parcel #: 14502133 & 14502140 22 Context Map AE Flood Zone X = Not a Flood Zone Conditional Use Permit Application: Floodplain Map RES 2024-020 - Granting a conditional use permit for commercial outdoor storage Location: 2405 & 2413 Seward Hwy Parcel #: 14502133 & 14502140 23 S89.p3, 220' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' 12'x30' (30) 12' x 30' Parking Stalls (33) 12' x 30' Parking Stalls (FUTURE COVERED PARKING) (35) Mixed Length Parking Stalls (FUTURE COVERED PAR Sew PRO G\\NN P`t SE,*RD EAWAY O A (0, G- s RV • AUTO SUBDIVISION HIGHWAY 99664 BOAT • FOREST ACRES 2405 & 2413 SEWARD SEWARD, ALASKA PREPARED BY: SEWARD GATEWAY STORAGE PARTNERS FOREST ACRES SUBDIVISION 2405 & 2413 SEWARD HIGHWAY SEWARD, ALASKA 99664 DRAWING TITLE Date SITE PLAN 5-28-24 24 10/3/24, 10:57 AM CUP-24-4 Application Details This completed application is to be submitted to the Community Development Department no later than four (4) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. See link below for the submission deadline dates. https://www.cityofseward.us/government/boards-commissions/planning-zoning- commission/planning-zoning-commission-meetings Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $350 nonrefundable filing fee. Documents Needed: • As -built survey of the property if it has been developed or a scaled site plan with elevations if the property is undeveloped • Scaled drawings of structures to be built • Any other pertinent documents to describe or support the project Applicant Information Full Name* Mailing Address* Robert Williams 7671 Schuster St. Las Vegas, NV. 89139 Email* Phone Number* robbiewilliamslv@gmail.com 702-292-1839 Property Information Is the applicant the property owner?* Address* Yes 2405 & 2413 Seward Highway, Seward AK 25 https://sewardak.workflow.opengov.com/#/explore/records/3218/react-form-details/3218 4/9 10/3/24, 10:57 AM CUP-24-4 KPB Parcel Number* A Zoning District* A 14502133 & 14502140 Auto -Commercial (AC) Lot Size* A 4.6 acres & 1.14 acres Zoning District: https://seward.maps.arcgis.com/apps/webappviewer/index.html? id=56d3e72bc65040a0a4fb459b15504b01 Legal Description* A THAT PORTION OF US SURVEY NO 149 BEGIN AT POINT ON THE NORTHERLY LINE OF SAID SURVEY & FOREST ACRES SUB LEVEE REPLAT LOT B1 The legal description of a property and the KPB Parcel number can be found at this link: https://gis.kpb.us/map/index.html?viewer=basic Click on the icon four from the left that looks like a pin and says "find parcel by address" when you hover your mouse over it. Type in your address and press "enter". Click on your parcel. A white box with information in it should appear on your screen. The parcel ID number is at the top. The Legal name of the property is in the middle under the heading, "Legal:" Development Information What structures are on the property?* A Other Describe what structures are on the property* No structures, just parking 26 https://sewardak.workflow.opengov.com/#/explore/records/3218/react-form-details/3218 5/9 10/3/24, 10:57 AM CUP-24-4 How is the property currently being used?* Vacant, currently not being used What is the proposed use of the property?* RV/Boat storage/Contractor laydown yard What is the development timeline?* as soon as possible Requirements for Consideration Please note that prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit, it shall be established that the proposed use satisfies the following conditions of Seward City Code 15.10.320 (See the link below for specific City Code requirements) https://library.municode.com/ak/seward/codes/code_of_ordinances? nodeld=CD ORD TIT15PLLAUSRE CH15.10SEZOCO ART3SURE 15.10.32000USPE State how the proposed use is consistent with the requirements of the Seward Zoning Code and the A designated zoning district* Outdoor storage is allowed in the auto commercial zoning district with a conditional use permit Click on this link to read the definitions of each zoning district https://library.municode.com/ak/seward/codes/code_of_ordinances? nodeld=CD ORD TIT15PLLAUSRE CH15.05LAUSPL 15.05.025LAUSDISTDE 27 https://sewardak.workflow.opengov.com/#/explore/records/3218/react-form-details/3218 6/9 10/3/24, 10:57 AM CUP-24-4 Describe any impacts to the adjoining properties and how property values may be affected* no impact How is the proposed use consistent with the Seward Comprehensive Plan? Explain and cite examples from the plan (see link below)* I have spoken with plannig and I believe my project would be an acceptable use Seward Comprehensive Plan: https://www.cityofseward.us/home/showpublisheddocument/60/637001929598130000 Describe / list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.)* Power ASAP,eventually water and sewer The proposed project or use must not be harmful to the public health, safety and welfare. Describe how the proposed project meets this requirement. * We intend to move the entrance gate back about 25 feet plus mitigate any trailers that might be long enough to reach Seward Highway Describe any mitigation measures that may be needed to protect the public health, safety and welfare. * I am not aware of any at this time 28 https://sewardak.workflow.opengov.com/#/explore/records/3218/react-form-details/3218 7/9 10/3/24, 10:57 AM CUP-24-4 Document Uploads Include building elevation plans and a site plan, drawn to scale. The site plan should include: • Property dimensions • Location and dimensions of proposed and existing buildings • Parking configuration • Driveways and access • Natural features • Other pertinent information Site Plan / Project information* ACFrOgAxQJ-778f214wN Ntvn KgxMsCud8_DXM493eNMpA XwT-UsmI7 bBRX7ZLtZZD-3G • 7qB3uXYPZNDCXypqUIYQmv ZXwSP6O7eA_McFxSL3PLs4 GiBuPOWK63O54RBoCDBjgjs LhmVb-9InaQ9.pdf Supporting Documents No File Uploaded Signature I have the following legal interest in the property* Owner of record Supporting Documents No File Uploaded Supporting Documents No File Uploaded 29 https://sewardak.workflow.opengov.com/#/explore/records/3218/react-form-details/3218 8/9 10/3/24, 10:57 AM CUP-24-4 I understand that this item will be scheduled for a Planning and Zoning Commission meeting only if all application materials are submitted not Tess than four (4) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge Applicant Signature* 0 Robert Williams Sep 11, 2024 30 https://sewardak.workflow.opengov.com/#/explore/records/3218/react-form-details/3218 9/9 4 Outlook Re: CUP Application Questions From Travis Maurer <travisemaurer@gmail.com> Date Tue 10/1/2024 3:43 PM To Courtney Bringhurst <cbringhurst@cityofseward.net> Cc Robert Williams <robbiewilliamslv@gmail.com>; office@sewardgatewaystorage.com <office@sewardgatewaystorage.com> External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Yes I am aware of the CUP and have entrusted Robbie to handle this aspect of the project. Thanks Travis Maurer Gig Harbor, WA Cell: (206) 818-1533 TravisEMaurer@gmail.com 31 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE ekura P7rnvwr- , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on jep-}erhbep .29, 202H she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of An Unsubdivided Portion of Survey No. 149, Located at 2405 Seward Hwy; and Lot B1, Forest Acres Subdivision Levee Replat, Located at 2413 Seward Hwy as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this 2W day of Se?be.4, 2024. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code ' 15.01.040/16.01.015 on the property located at an Unsubdivided Portion of Survey No. 149, Located at 2405 Seward Hwy; and Lot B1, Forest Acres Subdivision Levee Replat, Located at 2413 Seward Hwy on which the applicant has petitioned for a Public Hearing for a Conditional Use Permit to commercially store recreational vehicles, within an Auto Commercial (AC) Zoning District. The notice was posted on /2 262,1 , which is f days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this 27 day of Cjt�? ¥ , 2024. Signature 33 Planning and Zoning Agenda Statement Meeting Date: October 8, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2024-021: Recommending City Council Support the Kenai Peninsula Borough Assembly Approval of the 2024 Kenai Peninsula Borough Hazard Mitigation Plan Update, which will include the City of Seward and the City of Seldovia Background and justification: FEMA requires that local Hazard Mitigation Plans (HMP) be updated at least every five years to enable the jurisdiction to remain eligible for FEMA hazard mitigation project grant funding. This HMP updates the 2019 Kenai Peninsula Borough (KPB) HMP, providing current information and goals. Additionally, the plan provides an update and integration of the 2020 City of Seward and 2018 City of Seldovia HMPs into the KPB HMP plan. This HMP complies with federal and state hazard mitigation planning requirements, enabling eligibility for FEMA grant funding for all planning partners. The borough has plans to develop a full multi jurisdictional hazard mitigation plan (MJHMP) in the next update cycle to include the remaining incorporated cities of Homer, Kenai, Soldotna, and Kachemak City. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1; 2.2.9 — Public Safety Plan: • "Review, update and support the Hazard Mitigation Plan" Strategic Plan: N/A Other: Staff recommends that the Planning and Zoning Commission advocate their support to the Seward City Council and Kenai Peninsula Borough for the approval of the 2024 update of the Kenai Peninsula Borough Hazard Mitigation Plan, which will include the City of Seward and the City of Seldovia. 34 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-021 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL SUPPORT THE KENAI PENINSULA BOROUGH ASSEMBLY APPROVAL OF THE 2024 KENAI PENINSULA BOROUGH HAZARD MITIGATION PLAN UPDATE, WHICH WILL INCLUDE THE CITY OF SEWARD AND THE CITY OF SELDOVIA WHEREAS, the Borough updates their Hazard Mitigation Plan (HMP) every five years; WHEREAS, the purpose of the HMP is to reduce and eliminate losses from natural and manmade hazards, protecting the people and property of the borough; and WHEREAS, the City of Seward and the Seward Bear Creek Flood Service Area previously developed their own stand-alone HMP; and WHEREAS, the City of Seward has been advocating to have a joint HMP with the Borough; and WHEREAS, this HMP update includes the incorporated cities of Seward and Seldovia, as well as the unincorporated communities of the borough; and WHEREAS, the Seward Bear Creek Flood Service Area faces unique and repetitive flooding and erosion issues that are specifically addressed in this Plan update; and WHEREAS, Hazard mitigation planning is required and guided by the Federal Disaster Mitigation Act of 2000; and WHEREAS, all local governments are required to have a locally adopted and FEMA approved jurisdiction -wide HMP to apply for and receive FEMA Hazard Mitigation Grant Program grants; and NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Planning and Zoning Commission recommends Seward City Council support the Kenai Peninsula Borough Assembly approval of the Hazard Mitigation Plan Update 2024. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Planning and Zoning Commission this 8th day of October, 2024. 35 PLANNING AND ZONING COMMISSION RESOLUTION 2024-021 Page 2 of 2 THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 36 Kenai Peninsula Borough Office of Emergency Management MEMORANDUM TO: , Assembly President THRU: Peter A. Micciche, Mayor Brenda Ahlberg, Emergency Manager Robert Ruffner, Planning Director FROM: Mary Toll, HMP 2024 Update Project Manager DATE: September 23, 2024 RE: Ordinance 2024- . Adopting the Kenai Peninsula Borough Hazard Mitigation Plan 2024 Update and amending KPB 2.80.010 to include the new Hazard Mitigation Plan title (Mayor) In October 2004, the Kenai Peninsula Borough ("Borough") enacted Ordinance 2004-33, adopting a borough -wide All -Hazard Mitigation Plan ("Plan"). The Plan was subsequently update in 2010 by assembly enactment of Ordinance 2010-26, in 2010 by enactment of Ordinance 2010-26, in 2014 by enactment of Ordinance 2014-22, and in 2019 by enactment of Ordinance 2019-31. The current 2024 update revises the Plan to include the cities of Seldovia and Seward. Inclusion of the cities of Homer, Kachemak City, Kenai and Soldotna is not in the current update due to staffing shortages following the Covid-19 pandemic. The remaining cities and participating Tribal entities will be invited to participate in the next update cycle. The goals and proposed mitigation actions for the Seward Bear Creek Flood Service Area ("SBCFSA") are included in this update and the flood service area will no longer prepare a stand-alone Plan. As a service area, the SBCFSA is not included as a jurisdiction in this update, and having an independent Plan is unnecessary and a duplication of efforts; the Borough service areas fall under the Borough's Plan. KPB 2.80.010 is being amended to reflect the updated name of the Plan. The purpose of this hazard mitigation update planning effort is threefold: (1) as a viable tool for reducing community vulnerability to disaster loss and damage; (2) as a requirement for obtaining certain types of future federal and state hazard mitigation funding; and (3) as a means to begin the process toward a full multijurisdictional plan, providing a more cohesive and coordinated process between the Borough and the cities to mitigate hazards. The Borough cooperated and coordinated the 2024 update with the Plan section of the Alaska Division of Homeland and Emergency Management ("DHS&EM") and with the local state representative for the Region X FEMA office. This coordination was especially important as the 37 State HMP office implemented a new "Executive Summary" spreadsheet on April 1, 2024, required to be submitted with the Plan for state review. This spreadsheet caused increased and unexpected data research and input in the middle of the process. The plan is available for review at the borough clerk's office and online at the Emergency Management web page with a hyperlink under the 2024 Hazard Mitigation Plan Update: KPB Hazard Mitigation Plan Update 2024 (arcgis.com) The mitigation goals and strategies are provided in that link as an option for a minimal review, if desired. A brief timeline of the update process follows: RFP issued October 11, 2023 Bids due November 1, 2023 Notice to Proceed issued January 25, 2024 APC meetings attended: • May 8, 2024 Hope/Sunrise • May 8, 2024 Cooper Landing • May 8, 2024 Nikiski • May 15, 2024 Anchor Point • June 6, 2024 Moose Pass Community and other meetings attended: • May 1, 2024 City of Seldovia administration • May 18, 2024 Funny River Community annual meeting • May 21, 2024 City of Seward Planning and Zoning Commission • June 8, 2024 Kenai River Fair • June 24, 2024 Planning Commission • July 19, 2024 LEPC Future Schedule: • September 23, 2024 Planning Commission (for recommendation to Assembly) • October 2 and 3 APC (final draft, Assembly memo and ordinance review and recommendation) • Oct 8 Assembly (ordinance introduction) and Oct 22, 2024 (adoption) The draft plan was made available on August 31, 2024 for the 30-day public and stakeholder review and comment period, ending September 30, 2024. Notice of plan availability for comment was sent out to stakeholders via direct email and the public was notified on the social media pages for the Office of Emergency Management, the city of Seldovia and the city of Seward. The comments received will be incorporated into the plan and the revised draft Plan will be sent to the DHS&EM for state review early in September. DHS&EM has 30 days to review the draft. The state comments will be incorporated into the plan and it will be sent to FEMA for their 45-day review period. If they have any needed additions or revisions, they will be completed and FEMA will issue an `Approval Pending Adoption ("APA")', unless the Assembly has already approved the adoption ordinance, in which case FEMA will approve the plan. Plan approval is valid for 5 years. The current 2019 plan expires December 18, 2024. 38 Planning and Zoning Agenda Statement Meeting Date: October 8, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2024-022: Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of the Original Townsite of Seward, Lots 12, 13, 14 & North'/2 of Lot 15, Block 15; Located at 313 & 315 Fourth Ave; Creating Lot 14A, Seward Original Townsite Wisel Replat Background and justification: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary replat submitted by John Wisel. This plat will vacate the interior lot lines that formerly separated Lots 12, 13, 14, & 15 of Block 15, Original Townsite of Seward, and create one, single lot which will be known as Lot 14A, Seward Original Townsite Wisel Replat. The applicant has plans to develop the property, and Seward City Code § 12.01.030 states that "no building, except a single-family residence, may be constructed across platted property lines." A public hearing is not required for this plat as Seward City Code § 16.01.015(F) states that a plat submitted to create a single parcel through the vacation of interior lot lines shall be exempt from the requirements of a public hearing. In accordance with Borough requirements, the city must review and comment on a plat before submittal to the Borough for approval. Subdivision Review: Zoninj': The property is currently zoned Central Business (CB). Size: The parcel will be 10,500 square feet. Utilities: The parcel has access to all city utilities (water, sewer, and electric). Existirm Use: There is an abandoned building on the southern portion of the parcel, and the northern portion is vacant. Access: The parcel has access to Fourth Ave on the east, a one-way street on the north, Church Street, and an alley on the west. 39 Flood Zone: According to the Kenai Peninsula Borough Floodplain map the parcel is not within a FEMA mapped flood zone. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive N/A Plan: Strategic Plan: N/A Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X Recommendation It is the Commission's responsibility to provide a recommendation to the Kenai Peninsula Borough to approve this plat if the Commission feels that it meets the requirements outlined in Title 16 of Seward City Code. 40 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-022 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF THE ORIGINAL TOWNSITE OF SEWARD, LOTS 12, 13, 14 & NORTH % OF LOT 15, BLOCK 15; LOCATED AT 313 & 315 FOURTH AVE; CREATING LOT 14A, SEWARD ORIGINAL TOWNSITE WISEL REPLAT. WHEREAS, John Wisel has submitted a preliminary plat for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the proposed plat is vacating three interior lot lines, formerly separating Lots 12, 13, 14 and 15 on Block 15 in the Original Townsite of Seward, creating one parcel which will be called Lot 14A; and WHEREAS, the applicant plans to develop the property and Seward City Code § 12.01.030 prohibits any building except for a single-family home to be constructed across platted property lines; and WHEREAS, the existing use of the property is an abandoned building on the southern portion and vacant land on the northern portion; and WHEREAS, the parcels are currently zoned Central Business (CB); and WHEREAS, none of the parcels are located within a mapped FEMA flood zone; and WHEREAS, the proposed single parcel is 10,500 square feet; and WHEREAS, the parcel has access to Fourth Ave on the east, a one-way street on the north, Church Street, and an alley on the west; and WHEREAS, the lot is currently served by City water, sewer, and electric; and WHEREAS, Seward City Code §16.01.015(F), states that a plat submitted to create a single parcel through the vacation of interior lot lines shall be exempt from the requirements of a public hearing; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding plat proposals within the City of Seward. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: 41 CITY OF SEWARD, ALASKA RESOLUTION 2024-022 Section 1. The Commission hereby recommends that, in accordance with Seward City Code Section 16.01.015 (B), the Kenai Peninsula Borough approve the submittal of the preliminary plat of Original Townsite of Seward, Lots 12, 13, 14 & North 1/2 of Lot 15, Block 15; Located at 313 & 315 Fourth Ave; Creating Lot 14A, Seward Original Townsite Wisel Replat. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 8th day of October, 2024. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 42 Context Map !WAVE ;325 THIR.0 AVE or- 323 THIRD] AVF NW: - .319 irHIRDAVF 7 1 H IRI3 AVF TH IRD'AVE 367 T.H IRO AVE al• 3D5 ti+EF 100 feet TkIRD mgc 302 • NIJRC 9335r' o ;;. AVE CHURCH ST ADAMS ST ; x'304 AD(%iviS ST 223 THIRD AVE 5 FOURTH AVE FCWITF!•A FNB ADAM 5 ST a i .;FC)I:RTH AVE FOURTH AVE Preliminary Plat Application Property Map FIRE STATION FOURTH-AVE.-- • .I I • 1.14 F sH VE 1312.t1 , AVE 6 FIFTH CITY HALL 231 FIFTH'AVE 229-QV-Aft Ir. RES 2024-022 - Vacating the interior lot lines separating Lots 12, 13, 14, & North 1/2 of Lot 15, Block 15, Original Townsite of Seward; Creating Lot 14A, Seward Original Townsite Wisel Replat Location: 313 & 315 Fourth Ave Parcel #: 14909011 & 14909012 43 i T1S R1W S 4+S 3 SM B S SEWARD. A S %0;7 St `+ c7 4' R..d Jefferson S Replat Location Washing -ton Q raQ VICINITY 1" = 2000' MAP LEGEND ED- AK DOT brass cap, Record SWD 20 1-10— Brass cap, ATS 174 RM 6, Record • — Lot corner set in plat SWD#1, not (C)— Calculated from record information, L C Lot 31 SWD 1 Lot 29 SWD 1 Lot 28 SWD 1 Lot 27 SWD 1 Lot 26 SWD 1 -roc Lot 25 SWD 1 Lot 24 SWD w J 0 02-14 SWD 2002-14. described. SWD 2002-14. Seward Original Townsite Lsel Replat Preliminary Plat A replat combining Lots 12, 13, 14, & N 1/2 15 Block 15 Seward Original Townsite, SWD #1. Located in USS 726, Within the SW 1/4 Section 10, T1S R1W, Seward Meridian, City of Seward, Kenai Peninsula Borough, Alaska. Seward Recording District Kenai Peninsula Borough File #2019-011 Prepared for Prepared by Grace Group Properties 1, LLC P.O. Box 3565 Seward, AK 99664 SCALE 1" = 30' AREA Johnson Surveying P.O. Box 27 Clam Gulch,Ak 99568 (907) 262-5772 = 10,500 sq ft 9 August, 2024 NOTES: 1. This replat is subject to City of Seward Land Use and Zoning regulations. 2. No permanent structure shall be constructed or placed within a utility easement which would interfere with the ability of a utility to use the easement. 3. Lot is served by City water & sewer. 4. This is a paper plot base on data from SWD plot #1 and SWD 2001-14. No field survey was performed in conjunction with preparing this plat, no corners were found or set. 5. Contour interval 5'. There are no wet areas on the poperrty. N89°58'20"E 1199.97' Record SWD 2002-14 15 Lot 5A SWD 95-26 CHURCH ST. BASE BEARING SWD 1 IC) EAST 100.0' former lot line LOT 14A 10,500 sq ft f orrmer lot line former lot line 15 WEST 100,0' S1/2 Lot 15 ec Lot 16 SWD 1 Lot 17 SWD 1 WASTEWATER DISPOSAL 20.40.070 Plans for wastewater disposal, that meet regulatory requirements are on file at the Department of Environmental Conservation 0 L.- 1 0 0' Lot 30 SWD Lot 29 SWD 1 Lot 28 SWD 1 Lot 27 SWD 1 ) Lot 26 —1 SWD 1 r Lot 25 SWD 1 Lot 24 SWD 1 44 PRELIMINARY PLAT SUBMITTAL FORM E RELIMINARYPLAT EIREVISED PRELIMINARY PLAT (no fee required) PHASED PRELIMINARYPLATOPRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed. et..) cur or t C t wA i 'To ets t k. )J $c.I Ref Ia ` .. L§ i Pr PROPERTY INFORMATION: legal description Lots fx,13 , IY el •fri, 'h_ af !S'F ak,,/,,_ ..ewtira! Oriyi no. I Town. i k 15 Section, Township, Range ,1 Is ig I (1j se( /0 General area description City 5e4.6.yeLral Total Acreage /Oi zrQ s54ur�r-e 4c.t SURVEYOR Company: -To iniAS[r,.. Su, ve r.i 1l.yc{ Contact Person: Mailing Address: PO f�jo)c 2-7! City, State, Zip Glavh q 4 ia,r Fig_ eteo: Phone: 96-7 — 7.6 -2,-5 -771 e-mail: PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER on site Ettity WATERIDon site City SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planning and Zoning meeting after a c mplete application has been received. Electronic file of Plat and reliminary plat NON-REFUNDABLE submittal fee $200.00- HCertificate to plat for ALL parcels included in the subdivision ®Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) ❑ Public Notice Sign(s) Posted on property - CO staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 1. 2. 3. APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individual(s) signing. Contact KPB staff for clarification if needed. OWNER(s) �j ente : 1 LO �., ( :ftP7 Name {printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED Receipt # 45 The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the following: 1. Within the title block: Not applicable to my plat. The required information has been shown/noted. a. Name of the subdivision which shall not be the same as an existing city, town, tract, or subdivision of land in the borough, of which a plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion; b. Legal description, location, date, and total area in acres of the proposed subdivision; and / ✓ c. Name and address of owner(s), as shown on the KPB records and the certificate to plat, and registered land surveyor; / V 2. North point; ✓ 3. The location, width and name of existing or platted streets and public ways, railroad rights -of -way, and other important features such as section lines or political subdivisions or municipal corporation boundaries abutting the subdivision; to/.. - 4. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation, township and range, section lines, roads, political boundaries, and prominent natural and manmade features, such as shorelines or streams; / y/ 5. All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purposes, conditions, or limitations of reservations that could affect the subdivision; ►/ 6. The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision; 7. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the adjacent land is not subdivided; / ✓ 8. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if applicable; 1/- 9. Approximate locations of areas subject to tidal inundation and the mean high water line; 1.7 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; 11. The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto 12. Contours at suitable intervals when any roads are to be dedicated unless the planning director or commission finds evidence that road grades will not exceed 8 percent on arterial streets, and 10 percent on other streets; 13. Approximate locations of slopes over 20 percent in grade and if contours are shown, the areas of the contours that exceed 20 percent grade shall be clearly labeled as such; 14. Apparent encroachments, with a statement indicating how the encroachments will be resolved prior to final plat approval / ,/ Subdivision Name: 't ktr0 OO-ict] et& r 7zunS i �C wr`se l Re.p&t r Date 0912,0 12 y 46 Who Can I Talk To? Applying Due Process Principles to PZC October 2024 Seward, AK Sam Severin/Robert Palmer Munson, Cacciola & Severin, LLP Applicant and public (and other Commissioners) are entitled to a fair and impartial PZC hearing and decision PZC permit (+appeal' decisions • Quasi-judicial hat: deciding permit application (CUP, VAR) ■ Due Process principles apply when you make permit decisions (like a juror/judge) ■ Impartial decision maker ■ Notice (public and applicant) ■ Reasonable opportunities to participate (public and applicant) ■ Principles are captured in T15 and PZC Rules of Procedure Quasi -Judicial information flow ■ Make decisions based on information presented to you during a hearing ■ If you didn't find out the information during the hearing, you may have "ex parte" information ■ Ex parte: means without the other side present/private info ■ Potential ex parte information sources ■ Applicant, Neighbor, interested person ■ Media (radio, print, online) ■ ? CDD staff Ex Parte Communication Problems ■ Overarching concept of fairness and impartiality: ■ Avoid, Stop early, Too late/publicly disclose, recuse/DQ ■ Grocery store?... "I cannot discuss the permit application. Please attend and comment at the PZC hearing." ■ Emails/Phone calls to individual Commissioners ■ Internal PZC: Commissioner to Commissioner? ■ Planning staff? ■ Procedural info (when/what)... usually ok ■ Simple substantive info (code reference)...usually ok ■ Detailed information/analysis (past decision)...disclose ASAP Ex Parte Communication Best Practices • Avoid ex parte contact • De minimis ex parte contact...disclose or disqualified • Prior to PZC hearing, summarize ex parte contact in writing • At PZC hearing, • must orally disclose ex parte contact in detail • Must state if you are still unbiased • Applicant, abutters, and public can object • If no objection, the Commissioner can participate. See AS 22.20.020(b) • If objection, then Commission decides what to do. See AS 22.20.020(c) • Extensive ex parte contact...Disclose, likely disqualified AS 22.20.020(b) (c) • (b) A judicial officer shall disclose on the record a reason for disqualification specified in (a) of this section at the commencement of a matter in which the judicial officer participates. The disqualifications specified in (a)(2), (a)(5), (a)(6), (a)(7), and (a)(8) of this section may be waived by the parties and are waived unless a party raises an objection. • (c) If a judicial officer is disqualified on the officer's own motion or consents to disqualification, the presiding judge of the district shall immediately transfer the action to another judge of that district to which the objections of the parties do not apply or are least applicable and if there is no such judge the chief justice of the supreme court shall assign a judge for the hearing or trial of the action. If a judicial officer denies disqualification the question shall be heard and determined by another judge assigned for the purpose by the presiding judge of the next higherlevel of courts or, if none, by the other members of the supreme court. The hearing may be ex parte and without notice to the parties or judge. Case law example: Griswold 1996 ■ Legislative topic: zoning ordinance re auto sales on 13 lots ■ PC process (valid nonconforming use, rezone) ■ Homer Council adopts ordinance allowing auto sales 13 lots ■ Passes 5:0 ■ *Council member S lived on one of those 13 lots ■ Mr. Griswold files suit (conflict/impartial decision -making) AK Analysis; Griswold 1996 • If cast decisive vote: then action invalidated (ordinance) ■ If not decisive vote and member failed to disclose: then action likely invalid ■ If not decisive vote and member disclosed: then action is likely valid unless conflicted member "created intolerable appearance of impropriety" Thank you ■ Sam Serverin, sseverin@bcfaklaw.com ■ Robert Palmer, rpalmer@bcfaklaw.com Legal ResourcE ■ 2014 PZC Rules of Procedure ■ Open Meetings, AS 29.20.020, AS 44.02.310 ■ AK Planning Commission Handbook (2012) at 41-44 ■ Griswold v. Homer, 925 P.2d 1015 (AK 1996) (remanding zoning ordinance due to Councilmember conflict of interest even though there were sufficient votes to pass without conflicted member) ■ Griswold v. Homer, 2024 WL 424636 (AK 2024) (discussing due process rights, including disqualification, ex-parte, and impartiality) ■ Ak Civ Rule 47 & Jury Instruction 1.01 ("Each case is to be decided by citizens who are fairly selected, who act without bias, and who render a fair verdict based upon the evidence presented at trial.")