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HomeMy WebLinkAbout01212025 Planning & Zoning Work Session PacketPlanning & Zoning Commission Work Session Packet Work Session Tuesday, January 21, 2025 Council Chambers, City Hall 6: 00 p.m. The City of Seward, Alaska SEWARD PLANNING AND ZONING COMMISSION WORK SESSION AGENDA January 21, 2025 6:00 p.m. Council Chambers 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 1) CALL TO ORDER 2) STAFF COMMENTS 3) DISCUSSION ITEMS a. P&Z 2025 Priorities 4 b. Municipal Lands Inventory and Management Plan — Lands for Housing Discussion 17 c. Review documents for joint work session with City Council 40 4) ADJOURNMENT 2 OUTCOME GOALS FOR WORK SESSION 1) Draft a list of priorities for 2025 to be approved by the Planning and Zoning Commission and then forwarded to City Council for their approval. 2) Review select parcels of city -owned land from the Municipal Lands Inventory and Management Plan for compatibility of use for potential housing solutions. 3) Review documents and information that will be presented to the City Council at the joint work session on Monday, January 27th Background: The Planning and Zoning Commission reviews and updates their priorities at the beginning of each year. The priorities are ultimately approved by the City Council, and must be in alignment with the duties and responsibilities of the Commission as stipulated in Seward City Code. Currently, there are various plats of city -owned land in process, so a full update of the Municipal Lands Inventory and Management Plan would not be feasible at this time. However, the Commission will do a focused review of certain parcels within the Plan that could be used for potential housing solutions. To prepare for the joint work session with City Council on January 27th, the Commission will review the information that has been prepared regarding the proposed code changes to Marijuana Establishments, the discussions around modifying building height regulations, and the potential changes to efficiency apartments in Title 15. 3 P&Z Priorities Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-007 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE PLANNING AND ZONING COMMISSION PRIORITIES FOR JANUARY 2024 TO JANUARY 2025 WHEREAS, the Seward City Code §2.30.225(B) states that "the Commission shall act in an advisory capacity to the City Council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the City Council"; and WHEREAS, the Planning and Zoning Commission discussed their priorities during the January 21 st work session; and WHEREAS, City Council will address a resolution adopting these recommendations. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The following list of priorities are hereby recommended to the City Council for approval: SHORT TERM (2025) SPECIFIC PRIORITIES • Through the powers of the Commission, contribute and collaborate as needed to help be part of the solution for the housing issues that Seward is facing including recommending changes to the Muni Land Plan and Title 15. o Current discussions to be continued throughout 2025 are building height regulations and accessory dwelling units. • Comprehensive Plan Update: Continue to promote public engagement in the Comprehensive Plan update process. Attend Town Hall meetings and participate in reviewing a draft of the plan when it is prepared. • Complete update of P&Z Rules and Procedures document. • Review Parking requirements in City Code. • Revise requirements for Conditional Use Permits: Create a higher standard for applications and approved developments and improve compliance. 5 DRAFT CITY OF SEWARD, ALASKA RESOLUTION 2025-007 • Revise and update Sign Code: Using Anchorage's 2024 sign code update as a guide, revise Title 15.20 Signs to bring it into compliance with the Supreme Court's ruling in the Reed v Town of Gilbert case from 2015. ONGOING PRIORITIES • Review and make recommendations to update Title 15 as needed. (Title 15 is a living document and keeping it current is part of the role of Community Development and the P&Z Commission.) • Review and update the Municipal Lands Inventory and Management Plan (MLIMP) to meet the current and future needs of the City of Seward. • Work with PACAB on the Seward Marine Industrial Center (SMIC) new zoning overlay and development plan • Work with Historic Preservation Commission to develop methods to preserve the historic downtown • Work with the Seward Bear Creek Flood Service Area Board on any projects or plans that pertain to flooding issues within the City of Seward. • Planning & Zoning Commissioner education and training (Annual trainings for both procedure and content) Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of February, 2025. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: ABSENT: 6 CITY OF SEWARD, ALASKA RESOLUTION 2025-007 ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) Seward City Code: Boards and Commissions - Seward Planning and Zoning Commission 2.30.225 Powers and duties.' A. The commission shall perform the following duties: 1. Interpret the provisions of this title and make compliance determinations when requested by the administrative official; 2. Review and act upon requests for variance permits, conditional use permits, and other matters requiring consideration under the Seward Zoning Code; 3. Review the City of Seward Comprehensive Plan on an annual basis and conduct a minimum of one public hearing. Said recommendations shall be forwarded to the council for consideration; and 4. Promote public interest and understanding of comprehensive planning, platting, zoning, land management and other issues relating to community planning and development. B. The commission shall act in an advisory capacity to the city council regarding the Seward Zoning Code, Subdivisions, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the city council. C. The commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding the following matters: 1. Subdivision plat proposals; 2. Right-of-way and easement vacation petitions; 3. Kenai Peninsula Borough Comprehensive Plan and Coastal Zone Management Plan development, updates and amendments; and 4. City of Seward Comprehensive Plan amendments not otherwise delegated to the City of Seward. D. The commission shall have no authority to solicit or commit city funds without first obtaining approval of the city council. (Ord. 426, 1976; Ord. 438, 1977; Ord. 492, § 1, 1980; Ord. 626, § 2, 1989; Ord. 92-09; Ord. 94-04; Ord. No. 2022- 004, § 1, 2-14-2022; Ord. No. 2024-008, § 1, 5-13-2024) 'Editor's note(s)—City Ord. No. 94-04 deleted historic preservation duties and created a separate historic preservation commission. See § 2.30.410 et seq. (Supp. No. 29-1, Update 2) Created: 2024-12-17 11:50:45 [EST] Page 1 of 1 8 Seward City Code: General Provisions of Title 15 - Planning and Land Use Regulations 15.01.010 Authority, purpose; intent. A. Authority. In accordance with the provisions of AS 29.40.010(b), and Kenai Peninsula Borough Code of Ordinances 21.01.020 A. and 21.01.025, this title is enacted for the regulation of land uses within the City. B. Purpose. It is the purpose of this title to promote public health, safety and general welfare by providing for planning and land use regulations within the City. C. Intent. It is the intent of this title to: 1. Provide for orderly development of the community; 2. Promote safety and public order; 3. Protect the public health and general welfare of the citizens of the community; and 4. Stimulate systematic development of transportation systems, public utilities, schools, parks and other public facilities. (Ord. 626, § 3, 1989) 15.05.015 Incorporation of additional documents. For the purposes of this title the following documents as initially enacted and thereafter amended are adopted by reference as part of the Seward Comprehensive Plan: 1. Seward Airport Land Use and Development Plan (Dec. 1985). 2. Emergency Preparedness Plan (May 1986). 3. Plan of Action —Seward Fire Department (May 1986). 4. Seward Small Boat Harbor Uplands Management Plan (Nov. 1983). 5. Seward Marine Industrial Center Development Plan (Jan. 1995). 6. Seward Boat Harbor Master Plan (March 1993). 7. Municipal Lands Management Plan (May 1995). (Ord. 626, § 3, 1989; Ord. 95-17, § 2) (Supp. No. 29-1, Update 2) Created: 2024-12-17 11:S1:03 [EST] Page 1 of 1 9 2024 P&Z Priorities 1 1 i Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA RESOLUTION 2024-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE PLANNING AND ZONING COMMISSION PRIORITIES FOR JANUARY 2024 TO JANUARY 2025 WHEREAS, the Seward City Code §2.30.225(B) states that "the Commission shall act in an advisory capacity to the City Council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the City Council"; and WHEREAS, the Planning and Zoning Commission discussed their priorities during the review of the Municipal Lands Inventory and Management Plan at the end of 2023; and WHEREAS, the Planning and Zoning Commission approved Resolution 2024-006 requesting that Council approve the below stated priorities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby approves the following list of priorities for the Planning and Zoning Commission for January 2024 to January 2025: SHORT TERM j2024) SPECIFIC PRIORITIES • Through powers of the Commission, contribute and collaborate as needed to help be part of the solution for the housing issues that Seward is facing including recommending changes to the Muni Land Plan and Title 15. • 2030 Comprehensive Plan Review and Update Recommendations: Hold a public hearing to do a preliminary update identifying items that have been `completed' in the Comprehensive Plan. Hold work sessions to discuss a plan for carrying out a more extensive update to the Comprehensive Plan to be implemented by 2025. • Revise requirements for Conditional Use Permits: Create a higher standard for applications and approved developments and improve compliance. • Attend a joint work session with Seward Bear Creek Flood Board, Parks and Recreation, and Trout Unlimited Alaska: Discuss the NFWF Coastal Resiliency grant and its use in the waterfront restoration. ONGOING PRIORITIES 10 2024 P&Z Priorities CITY OF SEWARD, ALASKA RESOLUTION 2024-007 Page 2 of 3 • Review and make recommendations to update Title 15 as needed. (Title 15 is a living document and keeping it current is part of the role of Community Development and the P&Z Commission.) Topics to address this year include signs, height restrictions, parking, development standards, etc. • Review and update the Municipal Lands Inventory and Management Plan (MLIMP) to meet the current and future needs of the City of Seward. (Annual Review at Regular meeting in September.) • Promote public interest and understanding for the upcoming review process of the Comprehensive Plan (Different pieces of the comprehensive plan can be reviewed each year to help keep up to date before the official review every 10 years. Code requires that we have one public hearing on an annual basis and recommendations shall be forwarded to council for consideration.) • Look at current and future community needs to identify a wide range of strategies, including land use and zoning changes, to support the long- term vitality of the City. • joint Work sessions with Seward Bear Creek Flood Board regarding city/borough projects: Lidar mapping, Flood mitigation, Airport, Second Avenue culvert project, Resurrection River, Japanese Creek, Lowell Canyon, Beach revitalization project (Annual Joint Work session) • Work with PACAB on the Seward Marine Industrial Center (SMIC) new zoning overlay and development plan (Annual Joint Work session) • Work with Historic Preservation Commission to develop methods to preserve the historic downtown (Annual Joint Work session) • Planning & Zoning Commissioner education and training (Annual trainings for both procedure and content) Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 22nd day of January 2024. THE CITY OF SEWARD, ALASKA fl l_u,t Sue McClure, Mayor 11 2024 P&Z Priorities 1 1 1 CITY OF SEWARD, ALASKA RESOLUTION 2024-007 Page 3of3 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk +%ISt ��i• �QF SE {v1••i (City Seal) .•�'� p0��Q'•.�• - r E :• S • s• /UNE ICI S •�••.. +.:•A✓ 12 Municipal Land Inventory and Management Plan GENERAL POLICY RECOMMENDATIONS Where possible the City should strive to: a. Retain all currently City -owned land as a general rule. b. Require dedication of land during subdivision re -platting to widen sub -standard rights -of -way. c. Lease terms should be for the shortest term possible to amortize development financing and allow for windows of opportunity to make changes consistent with then current policy. d. Replat city property to vacate lot lines and consolidate lots where appropriate. e. Continue to require leases to replat parcels into legal subdivisions. f. Maximize long term revenues from city lands. g. Where possible, when leases expire and it is mutually determined to continue the lease, issue new agreement documents updated to current standards. h. Develop a Land Bank account to use for the sale and purchase of city lands. Leverage sale of land for infrastructure expansion. i. Develop a Conservation Overlay District to protect critical natural lands. PLAN IMPLEMENTATION While it is hoped that actions presented in this plan will be implemented, it is recognized that plans must be flexible to reflect condition changes and funding availability necessary to implement certain recommendations. Plans are key program documents and should be utilized to assist in capital budgeting process of the City of Seward. The goal of any plan is for it to be implemented. In order to ensure the successful implementation of this Municipal Lands Management Plan and enable the City to realize its benefits, it should be adopted by City Council resolution and incorporated by reference as a part of the Comprehensive Plan. The City normally reviews its Comprehensive Plan annually with an overall update every five years. It is strongly urged that the Municipal Land Management Plan be reviewed and updated annually. An annual review and update will help track accomplishments, changes and any inadvertent omissions. Because dynamic changes in community needs and politics occur daily, it is vital that up to date information upon which to make management, planning and budgeting decisions is available to the public, administration, and the City Council. 13 Municipal Land Inventory and Management Plan PRIORITIES BY PLANNING AND ZONING COMMISSION Priorities: 1. Assisting in residential development 2. Continue Title 15 code/land use review/revision. 3. Annual Municipal Lands Inventory and Use Plan Review and Revision 4. Cemetery Master Plan Revision 5. Tighten up Conditional Use Permit standards 6. Waterfront park revitalization (create more of a "green space'; move fire pits away from beach side of pathway) PROPOSED ACTION ITEMS Short Term (<1 year) 1. Work Sessions: a. Have a joint work session with Parks and campgrounds and Spring Creek Campground b. Have a joint work session with Parks and and Recreation Master Plan 2. Replats: a. Citizen ballfield and Electrical building b. New Public Works building site c. Juniper ROW Recreation to discuss Recreation to provide Waterfront input on the Parks 14 Municipal Land Inventory and Management Plan PROPOSED ACTION ITEMS Long Term (>1 year) 1. Work Sessions: a. Discuss new name for"North Dock" b. Discuss Conservation Lands i. Identify other anadromous streams, wetlands, tidelands, etc. that can be added to the Plan ii. Define the term, "conservation overlay" c. Discuss "Lands for Acquisition" d. Discuss solutions for widening and improving Nash Road 2 Replats: a. Replat the two parcels that make up the future Jesse Lee Home Memorial Park into one parcel b. Replat the two parcels that make up Kawabe Park into one parcel c. Replat Lowell Canyon Picnic Area to its own parcel (Map 42. Lowell Canyon Picnic Area, Mt Marathon Runner's Trailhead) d. Sorrel Road (make sure plat reflects the road vacation) e. Road to rock quarry 3. General Policy Recommendations: a. Section (a) — consider implementing the Kenai Peninsula Borough's standards for road widths 4. Maps: a. Update maps with the most recent parcel boundaries from pending replats 15 Municipal Land Inventory and Management Plan APPENDIX Accomplishments 2022/3: Completed: Fourth of July Beach Recommendation — focus on maintaining public access, adding signage, dedicated parking spaces for RVs, and replatting area. Spring Creek Campground Recommendation — focus on maintaining public access to the beach, adding signage, a land acquisition for easement, and rezoning area. Borough access easement to Citizens / Lewi Field In the process of replatting the remainder of Fort Raymond for new Public Works building 16 Municipal Land Inventory and Management Plan: Housing Recommendations for City -Owned Land 17 M ACaska Starts 7fere... SEWARD ALASKA City of Seward Municipal Lands Inventory and Management Plan City of Seward City Hall 410 Adams Street Seward, AK 99664 Kat Sorensen City Manager ksorensen@cityofseward.net 907-224-4012 Jason Bickling Assistant City Manager jbickling@cityofseward.net 907-224-4066 18 INTRODUCTION Public lands are a finite community asset held in trust. This document addresses the City of Seward's (the City) land asset holdings and needs. The issues related directly to the management of City - owned lands are numerous: • Land management decisions are being made without full knowledge of City -owned lands. • How should the City determine a fair return to the community for the use of public lands? • City -owned lands such as the Public Works facility, Boulder Field, Parks and Recreation warehouse, and Fort Raymond, may not be achieving their best and highest use. • How should funds from the disposal of public lands be used? • The City has not completed its selection of state entitlement lands. • Do we have sufficient lands to accommodate future public facilities (new fire station, new police/ safety station, new City Hall, new Parks and Recreaction maintenance/warehouse facility, new Public Works facility, new sewage lagoon, and expanded harbor facilities) and transportation needs? • Is the City taking the greatest advantage of its land as a source of direct and indirect revenues? Whereas the Municipal Land Inventory and Use Plan segment of the Comprehensive Plan is the primary tool to ensure quality community land use arrangements, this Municipal Lands Management Plan is a component that will provide an action guide specifically for the management of City -owned lands. The goals of the plan are to: • Provide an inventory of City -owned lands, describing their present and proposed uses • Assist in establishing a successful land management program by identifying: • City lands surplus for disposal (sale or trade) • Land acquisition needs for future public facility development • Lands for economic development • Assist in implementing the Seward Comprehensive Plan The Municipal Lands Management Plan was adopted in May 1995 and updated as the Municipal Lands Inventory and Management Plan in 2014. In 2022, the Municipal Lands Inventory and Management Plan was majorly updated. The major reformat includes a map atlas and over 85 new individual maps. All City -owned lands have been individually updated on enclosed tables and maps. City Council approved this major revision on October 24th, 2022 (Res 2022-107). This document will be reviewed and updated annually, and a list of future improvements and non -urgent revision items will be maintained. 6 19 ACQUISITION Tax/Lien Foreclosure: State statutes require that tax foreclosed property within the city limits be deeded to the City. It gives the City the opportunity to declare by ordinance whether a foreclosed property is needed for a public purpose. If so, all redemption avenues by the former owner are closed. If property is not needed for a public use, the former owner has first right of redemption for up to 10 years. Any funds over and above taxes, penalties, interest and administrative costs gained from the sale of tax foreclosed property are made available to the former property owner within the 10-year limit. Purchase: Many of the City's parcels have been purchased from private landowners. Such purchases are generally based on a fair market appraisal value. Funding for such purchases is on a cash available basis from appropriated funds. Recommendation: Establish a Land Bank where funds acquired from the sale of surplus property accrue to a special account for acquisition of other needed lands, or other development purposes. Trade/Exchange: The City has acquired some lands through trades with private and public sources. DISPOSAL Seward City Code defines"disposition" as the transfer of City interest in real property by warranty or quitclaim deed, easement, grant, permit, license, deed of trust, mortgage, contract of sale of real property, plat dedication, lease, tax deed, will, or other lawful method or mode of conveyance or grant. Sale: After conducting a public hearing, City Council may approve the negotiated, sealed bid or public outcry auction sale of public property. The sale price or minimum bid price must be at fair market value unless otherwise found to be in the public interest by the Council. The sale of land converts a capital asset to cash which accrues to the City's general fund or one of the enterprise funds. It may then be appropriated through the budget process to many different uses. There has been increasing discussions about establishing a Land Bank fund in which the proceeds for land sales would accrue for the acquisition of future municipal lands, thereby benefiting present and future citizens and promoting the orderly development and achievements of the goals of the Comprehensive Plan. Recommendation: Establish a Land Bank where funds acquired from the sale of surplus property accrue to a special account for acquisition of other needed lands, public infrastructure, and development support. 9 20 DISPOSAL Lease: City Council Resolution 94-101 established the most recent policy and procedure relating to the lease of public lands. The essential terms and conditions of City leases generally include length of the lease, rental rate, and development requirements. With the exception of those to the state or federal government, all leases require proof of liability insurance naming the City as an insured party. Leases are allowed to be assigned or sublet with written City consent. A condition of any sublet consent is that the City receives a copy of the sublet agreement including the rental value. This information is important to the City in the development of fair market land values. Although the Comprehensive Plan suggests that the City continues to dispose of commercial and industrial public land through long term leases rather than sale; lessees continue to lobby for the fee simple transfer of their sites. Although the sale of these lands would generate a large one-time cash infusion to the City, it would have a significant long term adverse impact on annual City budgets. Leases currently generate revenues of over $554,000.00 per year; and this amount generally increases over time due to periodic appraisal adjustments and new leases. These lost revenues would have to be offset in some manner in the budget process. Note: Preliminary estimates of interest that might be earned from the deposited projected lease site sale income show that it will not replace lease income revenues. Recommendation: Support the Comprehensive Plan using multiple strategies including development, leasing, land swaps, and sales to get the optimal use of commercial and industrial lands. City lands are normally leased at fair market rental rates based on a percent of fee simple land value. The City uses an 8% rate and leased lands are appraised every five years to make sure the value is current. Reviews of other community and public agency lease policies show that this rate varies from 6% to 1 0 % throughout the state. The lower rates appear to apply where there is strong desire to encourage development and higher rates where the demand for land is high. Trade/Exchange: The City has disposed of substantial acreage through land trades with both public agencies and private individuals. 10 21 Map 5. Public Works Facility/Former Animal Shelter Site Legend City Property *Parcels showing parcel ID number are in this map group All Others City Sewer City Water 0 37.5 75 Feet is.forgraphic representation only. Imagery may not match true parcel boundaries 20 22 Map 5. Public Works Facility/Former Animal Shelter Site These parcels include the public works facility, sand building, storage yard, and former Seward Animal Shelter Site. The main building was constructed under the post -earthquake Urban Renewal Project. It was formally a storage yard for the power company. The facility is outdated and significantly undersized. This facility will be relocated with a new, modern, and larger one to meet the current and future needs of the city. During the August 8, 2022, Special City Council Meeting, the Council passed a motion to "Select the Fort Raymond property as the site for the new Public Works facility...". (Map 76. Fort Raymond Vacant Lots — South of Sea Lion). Resolution 2022-106 approved the Engineering for the new Public Works Facilities. The extension of the utilities needed to turn these parcels into residential housing is currently being engineered and an RFP for the project being issued. The current draft plan will create 21 new lots on this property: twelve 45'x100' lots on the Ballaine side and eight 45'x100' lots on the Sixth Ave side with one 60'x100' lot on the corner of Madison St and Sixth Ave, to provide for a range of housing needs. Recommendation is to retain location until the new Public Works Facility is completed. Following relocation and utility improvements, property will be replotted, rezoned to Urban Residential, and put up for sale for residential development. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14817004 434 Sixth Ave (East side of alley -Sand Shed/ Storage) Original Townsite, Lots 1-18, Block 21 54,014 SF (1.24 acre) General Fund Auto Commercial Retain Ownership 14817005 434 Sixth Ave (West side of alley -main shop bldg.) Original Townsite, North 18 ft of Lot 28 and Lots 29- 40, Block 21 37,800 SF (0.87 acre) General Fund Auto Commercial Retain Ownership 14817005 412 Sixth Ave (Former Animal Shelter) Original Townsite Lot 27 & South 12 feet of Lot 28, Block 21 4,200 SF (0.09 acre) General Fund Auto Commercial Retain Ownership 21 23 Map 38. Parks Near Dora Way Legend City Property *Parcels showing parcel ID number are in this map group All Others City Sewer City Water 75 150 Feet i i I A Data is for graphic representation only.iImagery may not match true parcel boundaries. 81 24 Map 38. Parks Near Dora Way Gateway Playground (Dora Way Playground) A neighborhood pocket park playground. Recommendation is to sell as single-family lot once the Jesse Lee Memorial Park is completed. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14535242 1911 Dora Way Gateway Subdivision Amended, Lot 6, Block 1 11,761 SF (0.27 acre) General Fund Single Family Sell Jesse Lee Memorial Park This site will be developed as a Jesse Lee Home Memorial Park in accordance with a State grant. It will include interpretive signs, benches, picnic tables, playground, and potentially a community garden and dog park. It is not platted as a separate parcel. Recommendations include developing property under terms of grant, continue use as a day use park, add a pedestrian/bike path along northern edge of parcel, and replat as one parcel. Investigate possiblity of acquiring land from the parcels to the north to create a road that connects Benson Drive to Dora Way. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14502320 101 Benson Drive, 1824 Phoenix Rd Jesse Lee Heights Subdivision Addition No. 4, Lot 15B 72,310 SF (1.66 acres) General Fund Park Retain Ownership 14502321 105 Benson Drive Jesse Lee Heights Subdivision Addition No. 4, Lot 15A 43,560 SF (1 acre) General Fund Park Retain Ownership 82 25 Map 77. Fort Raymond Vacant Lots - South of Sea Lion Avenue Aida:gal .Legend City City Property *Parcels showing parcel ID number are in this map group All Others City Sewer City Water 85 170 Feet SEALION AVE • • illElectrical Easement 14502628 4P- A - Data is for graphic representation only. Imagery may not match true parcel boundaries 168 26 Map 77. Fort Raymond Vacant Lots - South of Sea Lion Avenue Former Air Force Rec Camp Originally leased by the US Government from the State in 1964 for an Air Force Rec Camp, the City acquired the 11.04-acre parcel in 1983 with the Air Force Camp lease intact. A new lease was negotiated in 1987, charging $1.00 annually. The City was notified of the camp closure and reversion to the City in 2013. City Council Resolution 2021-038 authorized City Manager to negotiate the sale of 3.31 acres on the south end to Chugachmiut for a Regional Healthcare Facility. At a Special City Council Meeting on August 8, 2022, the City Council unanimously selected the southern portion of the Fort Raymond property as the location of the new public works facility (approximately 4.5 acres). It is currently being replatted for the facility along with the powerline and easement between that and the remaining parcel to the north. Recommendation for the remainder of the parcel is to lease or sell (with a sound development plan) to purchase other desirable city facility properties. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14502627 (northern remainder) 2101, 2105, and 2109 Dimond Blvd Fort Raymond Subdivision, Replat No. 1, 2022 Addn, Lot 7A-1 3.25 acres General Fund Auto- Commercial Retain Ownership Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14502627 (Public Works) 2101, 2105, and 2109 Dimond Blvd Fort Raymond Subdivision, Replat No. 1, 2022 Addn, Lot 7A-1 4.5 acres General Fund Auto- Commercial Retain Ownership 169 27 Map 78. Fort Raymond Vacant Lot - North of Hemlock Legend City Property 'Parcels showing parcel ID number are in this map group All Others City Sewer City VVater 0 70 140 Feet Map 31. Japanese Creek North Forest Acres Levee Parcels 1450 601 .• - i. 7,*' .444.4 Datalis.farigrap_hic representation only. Imager.' ma}ranot match true parcel boundaries. 171 28 Map 78. Fort Raymond Vacant Lot - North of Hemlock Fort Raymond (North Corner - Hemlock Ave & Seward Hwy) A narrow triangular shaped parcel along Hemlock Avenue. It is a portion of a larger parcel purchased from the State in 1967, for $1, for development of an Alaska Centennial Campground (now called Forest Acres Campground). This parcel became separated from the larger parcel with the construction of Hemlock Ave. The deed restricted its use to "public recreational purposes." Deed restrictions have been removed. It is within 100-year flood plain. Recommendation is to sell with a sound development plan. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14502601 1000 Hemlock Avenue Fort Raymond Subdivision, Lot 13 94,090 SF (2.16 acres) General Fund Institutional Retain Ownership 172 29 I Map 80. Marathon Addition Vacant Lot (204 Lowell Canyon Road) I Map 26. Mount Marathon Trails and Lowell Creek Diversion Tunnel and Outflow Legend City Property *Parcels showing parcel ID number are in this map group All Others City Sewer - City Water 25 50 Feet A Ma. 61 Providence Medical, and Care Cente Data is for graphic representation only. Imagery may not Match true parcel boundaries 175 30 Map 80. Marathon Addition Vacant Lot (204 Lowell Canyon Road) (West of Glacier View Apartments) This wooded lot is one of three lots on a poorly defined cul-de-sac at the end of platted Lowell Canyon Road ROW. The lot is large enough for different options for dwelling units and is in a prime downtown neighborhood. Recommendations: Require removal of private property stored on the interior and south side of lot. Define cul-de-sac ROW. Vacate and replat the 50' ROW between this lot and Parcel 14801004 to north, which would give each parcel half of the ROW while still providing access to both parcels. Vacate and replat south property line to create a minimum 60' ROW for Lowell Canyon Road. Declare as surplus and sell with RFP / bid for residential housing. Rezone to R1 or UR. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14801003 204 Lowell Canyon Road Marathon Addition Lot 6 6,534 SF (0.15 acre) General Fund Urban Residential Sell 176 31 Map 76. 328 Fourth Avenue Legend City Property 'Parcels showing parcel ID number are in this map group All Others City Sewer City Water 40 I i I JEF ERSON 14912007 Map 3. City Hall and Fire Hall Data is for graphic representation only. Imagery may not match true parcel boundaries • 166 32 Map 76. 328 Fourth Avenue Located north of fire hall. Property was donated to the City for the benefits of the community by JB Woods family in November 2012. Recommendations are to retain ownership and acquire Parcel 14912007 at 322 Fourth, from the Seward Volunteer Fire Department and replat all five parcels as a single parcel for a new fire hall, and possible municipal offices, courthouse, and public safety building complex. A Public Safety (Fire Department and Police Department) facility feasibility study is being completed in 2023. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14912008 328 Fourth Avenue Original Townsite of Seward, Lots 34 & 35, Block 16 6,098 SF (0.14) acre General Fund Central Business District Retain Ownership 167 33 Map 82. Nash Road Properties and Tidelands City Property Parcels sho*ing parcel ID number are in this map group J All Others 1-3 City Limits City Sewer Map 83. Nash Road / SMIC Bench and Fourth of July Creek Valley is.pregraphic,represe.ntation only. Imagery m41/14. ay not match true parcel boundaries 179 34 Map 82. Nash Road Properties and Tidelands Nash Road Shore Property 1 This parcel is located on the east shore of Resurrection Bay with no dedicated road access. Terrain is generally steep. Much of it is in a canyon. No public water, sewer or electric available. Recommendations are to keep as Resource Management and lease or sell with a planned unit development. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14533009 1201 Nash Road US Survey 3924, Lot 1 57,935 SF (1.33 acres) General Fund Resource Management Lease or Sell Nash Road Shore Property 2 This parcel is located on the east shore of Resurrection and has direct access from Nash Road via an old road. Terrain is generally moderate. No public water, sewer or electric available. Recommendations are to keep as Resource Management and lease or sell with a planned unit development. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14533024 1217 Nash Road Fourth of July Creek Subdivision, Roberts Replat Tract H 1 409,464 SF (9.4 acres) General Fund Resource Management Lease or Sell 180 35 Nash Road Shore Property 3 This long narrow parcel is located on the east shore of Resurrection Bay has direct access from Nash Road; however, it is very steep down to the shore and would be a challenge to develop. No public water, sewer or electric available. There is a public access trail from Nash Road by Parcel 14533018, the location of the communications tower." Recommendations are to keep as Resource Management and lease or sell with a planned unit development. Maintain public access to beach. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14533026 705 Nash Road Fourth of July Creek Subdivision, Roberts Replat Tract H2 683,021 SF (15.68 acres) General Fund Resource Management Lease or Sell Tideland (along Nash Road) Tidelands east side of Resurrection Bay. Parcel 14533022 contains a Mitigation site established May 25, 2015, to comply with USACE Permit #POA-1980-468-M13 for the SMIC Breakwater Project. Recommendation is to retain ownership. Maintain public access to beach and tidelands. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14533022 1103 Nash Road Tidelands Survey ATS 1574 Tract A Replat Tract A-1 59.11 acres General Fund Resource Management Retain Ownership 14533023 909 Nash Road Tidelands Survey ATS 1574 Tract A Replat, Tract A-2 96.11 acres General Fund Resource Management Retain Ownership Tideland SMIC Parcel fronts private land in the center of Fourth of July Creek valley. Submerged tidelands and part of popular Spring Creek Beach, accessed from Spring Creek Campground. Recommendation is to retain ownership. Maintain public access to beach and tidelands. Seek acquisition of tidelands and beach or easement from adjacent private property on Parcels 14533004 and 14533005. Rezone from Industrial to Resource Management. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14533021 3007 Bette Cato Avenue Alaska Tidelands Survey 1574, Tract B 314,939 SF (7.23 acres) General Fund Industrial Retain Ownership 181 Map 83. Nash Road / SMIC Bench and Fourth of July Creek Valley Legend City Property *Parcels showing parcel ID number are in this map group All Others City Limits City Sewer City Water 0.175 0.35 Miles Data is for graphic representation only. Imagery may not match true parcel boundarie 182 37 Map 83. Nash Road / SMIC Bench and Fourth of July Creek Valley Nash Road / SMIC Bench, Fourth of July Creek Valley This large tract is located around the valley of the industrial area going from the bench on Nash Road, toward Godwin Glacier, and around toward Fourth of July Beach. The area was acquired from the KPB as part of land trade for the elementary school site. Nash Road was extended south along the steep forested, western slope of Mt Alice to create access to Fourth of July Valley for the development of SMIC in 1980. This large tract is surrounded by DNR and USFS land to the north, and DNR land to the west and south. It encompasses the shoulder and slopes of Mt Alice, a portion of Fourth of July Creek Valley containing a long stretch of Fourth of July Creek flowing from Godwin Glacier, and the steep, forested slope of Fourth of July Peak to the south. The Nash Road Bench, also known as "SMIC Bench" and "Mt Alice Bench" is an approximately 800- acre area on the northwest portion of the parcel. A portion with up to 20% slope lies between 700- and 1050 feet elevation. Spring Creek originates in this area and flows south down the steep mountainside. Development of this bench has been a topic of interest for 30 years. City Council approved a feasibility study in 2021 to explore the options to provide housing. After a presentation at a Special Meeting on September 26, 2022, Council declined to pursue the development any further at this time due to extremely high cost to bring utilities in (over $100million). Recommendations are to retain with the possibility of a public recreation site or lease/sell with a sound development plan. Keep zoning as Resource Management. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14532003 700 Nash Road Fourth of July Creek Subdivision No. 2, Tract G excluding Lot G-1 Anderson Replat 1,828.5 acres General Fund Resource Retain 183 38 600 Nash Road and Bette Cato Avenue This parcel has some frontage on Nash Road and all along Bette Cato Avenue. It was at one time used for composting sewer lagoon sludge. It is anticipated that when the composted material is inert, it will be sold or spread for soil. Recommendations: Develop timeline and methods for disposal of sludge that is currently composting and any finished compost. Find alternative site for composting sludge or funding to haul it away. Lease or sell for residential development or commercial support properties for the SMIC Area. Parcel ID Physical Address Legal Description Parcel Size Fund Zoning Retention Status 14532006 600 Nash Road (at Bette Cato Avenue) Fourth of July Creek Subdivision No. 2, Tract D-1 30.2 acres General Fund Resource Management Lease or Sell 184 39 Review Documents for Joint Work Session with City Council Marijuana Establishments Planning and Zoning Memorandum Meeting Date: January 27, 2025 To: Seward City Council From: Planning and Zoning Commission Subject: Request the City Council members' input regarding proposed code amendments to Marijuana Establishments in Seward City Code Title 15. Background and justification: On June 18th, 2024, due to the request by the Planning and Zoning Commission, supported by public input, the Commission held a work session to review the definitions and Land Uses Allowed portions of code in Title 15 regarding Marijuana Establishments. Subsequent work sessions were held on July 16th, October 23rd, and December 17th to create the draft Ordinance which has been included in this packet. The proposed changes encompass three sections of Title 15; Definitions SCC 15.10.140, Land Uses Allowed SCC 15.10.226, and the Land Uses Allowed Table. Definitions SCC 15.10.140 The Commission updated the definitions to more accurately reflect the definitions in Alaska State Statute. Land Uses Allowed SCC 15.10.226 The Commission included a few more locations which they felt should be included within the 500' area restricted from marijuana establishments. They also included a requirement that a marijuana establishment must be in a permanent structure. Land Uses Allowed Table Part of the Commission's work prior to this current draft Ordinance, was to add the various types of marijuana establishments to the Land Uses Allowed Table. Previously, the uses had only been listed in the land uses allowed section and classified with other generic uses already listed in the Land Uses Allowed Table. On September 9th, 2024, the City Council enacted an Ordinance which added the various types of marijuana establishments, already listed and allowed in City Code, to the Land Uses Allowed Table. This current draft Ordinance from the Planning and Zoning Commission, revisits the Land Uses Allowed Table with proposed amendments to where certain marijuana establishments should be allowed or prohibited. As the revised definitions simply update the City Code to reflect what is in Alaska State Statute, the Commission recommends that the City Council primarily spend their time providing input on the proposed changes within the Land Uses Allowed Table. Of course, all input and thoughts are appreciated. 41 Marijuana Establishments Sponsored: Planning and Zoning Introduction: March XX, 2025 Public Hearing: April XX, 2025 Enactment: April XX, 2025 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE 15.10.226 — LAND USES ALLOWED FOR MARIJUANA ESTABLISHMENTS WHEREAS,; and WHEREAS,; and WHEREAS,; and WHEREAS,; and WHEREAS,; and WHEREAS,; and WHEREAS,; and NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 15.10.140 Definitions is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: 54. Marijuana. Marijuana means "marijuana" as that term is as defined in Alaska Statute 17.38.900 and any amendments thereto, means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate; "marijuana" does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant that is incapable of germination, the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products, or industrial hemp as defined in AS 03.05.100 42 Marijuana Establishments CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX 55. Marijuana establishment. Marijuana establishment means a A marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store as those terms are defined in AS 17.38.900 and any amendments thereto. a. Cultivation facility, limited. A licensed limited marijuana facility has the same privileges and prohibitions set forth in 3 AAC 306.405(a)(b)(c) and can perform the same activities as a licensed standard marijuana cultivation facility except it must have fewer than 500 square feet under cultivation (3 AAC 306.400). a b. Marijuana eCultivation facility, standard. Marijuana cultivation facility mean) aAn entity registered to plant, propagate, cultivate, harvest, prepare, cure, package, store, and label and package marijuana,: and to sell marijuana to licensed retail marijuana stores, to licensed marijuana product manufacturing facilities, and to other licensed marijuana cultivation facilities, but not to consumers;;-, subject to all the privileges and prohibitions described in 3 AAC 306.600-3 ACC 603.675. 1. Limited marijuana cultivation facility A limited marijuana cultivation facility has the privileges set forth at 3 AAC 305.405(a) and (b), and is subject to the prohibitions at 3 AAC 306.405(c), cxccpt that it must have fewer than 500 square feet under cultivation. Vic. Marijuana pProduct manufacturing facility, heavy. Marijuana product manufacturing f cility mean a An entity registered to purchase harvested marijuana from a cultivation facility; extract, process, manufacture, prepare, and package marijuana products; and transfer or sell marijuana and marijuana products to other marijuana product manufacturing facilities, a marijuana testing facility, or and to retail marijuana stores, but not to consumers. There is a high potential of creating noise, vibration, dust, smoke, fumes, odor, glare, toxins, or other environmental impacts on surrounding properties or uses because of the nature of its equipment, operations, processes, materials, and products. d. Product manufacturing facility, light. An entity registered to engage in the manufacture, predominantly from previously prepared and/or finished marijuana products or parts that, because of the nature of its equipment, operations, processes, materials, and products, has little or no potential of creating noise, vibration, dust, smoke, fumes, odor, glare, or other environmental impacts on surrounding properties or uses. 4 e. Retail marijuana store. Retail marijuana store moans a An entity registered to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers. f Retail store with onsite consumption endorsement, indoor. An entity authorized to sell specific marijuana products and amounts for consumption at the time of purchase only within an indoor area of the building designated as the marijuana consumption area. 43 Marijuana Establishments CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX g. Retail store with onsite consumption endorsement, outdoor. An entity authorized to sell specific marijuana products and amounts for consumption at the time of purchase within a designated outdoor space surrounded by a sight - obscuring wall or fence. h. Retail store walk-up or drive -through exterior window pick-up. A window attached to the licensed marijuana retail store through which a customer on foot or in a vehicle may purchase marijuana products. Marijuana testing facility. Marijuana testing facility means aAn entity registered to analyze and certify the safety and potency of marijuana. 56. Marijuana products. Marijuana products means cConcentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. Section 2. Seward City Code Title 15.10.226 Land Uses Allowed Table is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): H. Marijuana establishments as defined in section SCC .15.10.140.B.55 are allowed in accordance with SCC Land Uses Allowed tTable §15.10.226 of this chapter subject to the following: 1. The facility owner or operator has submitted a license application to the State of Alaska for the corresponding type of marijuana establishment prior to operation, and maintains a current license from the state at all times the facility is in operation. 2. Marijuana establishments shall not to be located within 500 feet of the entrance of any building where religious ceremonies are regularly held, a correctional facility, recreational facility or youth center licensed by the state or local government, park, playground, athletic field, community center, childcare facility, housing facility owned by a public housing authority, homeless and transient shelter, habilitative care facility, or within 1,000 feet of any school. The distance specified in this subsection must be measured by the shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the outer parcel boundaries of the school, recreation or youth facility or to the main public entrance of the building in which religious services are regularly held, or the correctional facility. The burden of proof demonstrating that the facility meets the required separation distances is the responsibility of the marijuana establishment owner or operator. 3. A marijuana establishment shall be in a permanent structure with a valid certificate of occupancy. No marijuana establishment shall be authorized in a vehicle, trailer, 44 Marijuana Establishments CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX mobile food unit, standalone intermodal shippine container (i.e. conex unit), or temporary structure. 3-4. All marijuana establishments shall meet all other criteria in this the Seward City Code and in Alaska Statutes and Alaska Administrative Codes. TABLE Zoning District Designations The following zoning district abbreviations are provided for information and interpretation: RR = Rural, very low density single-family residential R1 = Single-family, low density residential R2 = Single and two-family, medium density residential R3 = Single, two and multi -family, high density residential UR = Urban residential, a mix of residential uses and low impact home professional offices OR = Office residential AC = Auto and neighborhood oriented, light commercial HC = Harbor commercial CB = Central business district - dense downtown commercial I = Industrial RM = Resource management - partially developable lands subject to floodplains and steep slopes INS = Institutional, public, quasi -public uses P = Parks Table 15.10.226. Land Uses Allowed Key: O — Use Permitted Outright H — Home Occupation C — Use Requires Conditional Use Permit P — Use Requires Administrative Permit Blank — Use Prohibited 45 Marijuana Establishments CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Marijuana establishment, cultivation facility 9 9 0 Marijuana INTENTIONALLY LEFT BLANK establishment, cultivation facility, limited Marijuana establishment, limited cultivation facility 14 1=1 I11 I=I I11 14 Marijuana INTENTIONALLY LEFT BLANK establishment, cultivation facility, standard Marijuana establishment, product manufacturing facility (hazardous materials) C Marijuana INTENTIONALLY LEFT BLANK establishment, product manufacturing .facility, heavy Marijuana establishment, product manufacturing facility, liuiht (non C C 0 C hazardous materials) Marijuana establishment, retail store 0 0 C 0 C 0 C Marijuana establishment, retail store with onsite consumption endorsement; indoor 0 0 C 0 C 0 C 46 Marijuana Establishments CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR RI R2 R3 UR OR AC HC CB I RM INS P Marijuana INTENTIONALLY LEFT BLANK establishment, retail store with onsite consumption endorsement; outdoor Marijuana establishment, retail 9 0 0 0 &tore with on site Eensnmption endorsement; outdoor Marijuana INTENTIONALLY LEFT BLANK establishment, retail store walk-up or drive -through exterior window pick-up Marijuana establishment, testing facility 0 0 0 0 0 C Section 3. This ordinance shall take effect immediately upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the XX day of April, 2025. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: 47 Building Height Planning and Zoning Memorandum Meeting Date: January 27, 2025 To: Seward City Council From: Planning and Zoning Commission Subject: Discuss if the City Council members are in favor of the Planning and Zoning Commission continuing to pursue possible changes to the current building height regulations in Seward City Code. Background and justification: On September 17th, 2024, the Planning and Zoning Commission held a work session to review various regulations within Title 15 and how they could be amended to potentially assist in easing the issues that private landowners and developers are facing with housing. During this work session, the current building height of 34' was addressed by the public as a point of interest for discussion. Comments were also shared explaining how the current regulation has hindered development. The Planning and Zoning Commission held three subsequent work sessions on October 23ra, November 19th, and December 17th to further discuss building height regulations. The survey results from the recent Comprehensive Plan survey show that the majority of those who answered the question on building height support the height of 3-story buildings that are currently allowed in Seward, which would be the 34' height limit However, input from developers and the building inspector recommended that the current height restriction of 34' does not always feasibly accommodate a 3-story building, requiring the developer to make expensive adjustments to the design of the building to ensure that it stays within the 34' height restriction. Currently the Commission is considering recommending locations within the City of Seward where a building height overlay could be implemented, which would allow private and commercial developers to exceed 34' up to a specified height. However, before the Commission spends more time discussing this topic at additional work sessions, they would like to request the Council's input on the following points: 1. Is the Council open to changing the building height regulations in certain areas of Seward? 2. If the Council is open to changing the building height regulation in parts of Seward, what are the Council's thoughts on zoning restrictions, overlay districts, and Conditional Use Permits (CUPs) to help determine which areas in Seward would be appropriate to modify the current building height regulations? a. Zoning Restriction: Limiting which zoning districts would be eligible for developing above the current 34-foot building height regulation. b. Overlay Districts: Two overlays that have been discussed as a potential idea would 48 Building Height be an overlay district to more comfortably accommodate 3-story buildings (38 feet), and an overlay district to accommodate 4-story buildings (50 feet). c. Conditional Use Permits: CUPs could also be used in addition to overlay districts to provide additional checks before allowing development over the current 34- foot regulation in zoning districts that qualify. 3. Should any potential changes to the current height restriction be allowed for construction of all types or specifically only for housing construction? 4. Does the Council have any additional ideas on the subject of building height? 49 Accessory Dwelling Units Planning and Zoning Memorandum Meeting Date: January 27, 2025 To: Seward City Council From: Planning and Zoning Commission Subject: Discuss if the City Council members are in favor of the Planning and Zoning Commission continuing to pursue possible changes to efficiency apartments in Seward City Code. Background and justification: On September 17th, 2024, the Planning and Zoning Commission held a work session to review various regulations within Title 15 and how they could be amended to potentially assist in easing the issues that private landowners and developers are facing with housing. During this work session, the topic of accessory dwelling units (ADUs) was brought up as one that the Commission should further discuss. ADUs are currently allowed in Seward City Code, but they are defined as an efficiency/accessory apartment and required to be "a single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single-family dwelling." The primary concerns with this current code language brought up from the public and staff were that an efficiency apartment (ADU) had to be attached to the primary dwelling and that the ADU could only have one habitable room. These two requirements meant that an individual could not convert a detached garage into a dwelling unit or build a new stand-alone structure without building a breezeway to `connect' the garage to the house, nor could the dwelling unit have any bedrooms. The Planning and Zoning Commission held two subsequent work sessions on November 19th and December 17th to further discuss ADUs. Questions were raised regarding the reason for requiring an ADU to be attached to the primary dwelling. The building inspector, who was present at the December 17th meeting, stated that no building codes or life/safety requirements require an ADU to be attached to the primary dwelling. The Commission expressed that requiring an ADU to be attached to the primary dwelling helps to maintain the character and intent of neighborhoods that are zoned to only allow single-family dwellings. The Commission had extensive discussions regarding the size requirements for an ADU whether attached or detached. In general, the consensus was that the size of the ADU should be subordinate to the primary dwelling 50 Accessory Dwelling Units The draft Ordinance included in this packet has only been provided as a starting point for discussion and should not be viewed as a final product. What Seward City Code currently allows: • Efficiency apartments (attached ADUs with only one habitable room) within a single- family dwelling in the RR, R1, R2, R3, UR, OR, and AC zoning districts What the proposed, potential changes would allow: • Attached ADUs with any number of rooms, but subordinate in size to the single-family dwelling, in the RR, R1, R2, R3, UR, OR, AC, and CB zoning districts. • Detached ADUs with any number of rooms, but subordinate in size to the single-family dwelling, in the R2, R3, UR,OR, AC, and CB zoning districts. The Commission would like to request the Council's input on whether they are in favor of the Commission spending more time pursuing these potential changes to the requirements of ADUs as listed in the draft Ordinance and whether the Council has additional insights that the Commission should consider if they engage in future discussions on this topic. 51 Accessory Dwelling Units Sponsored: Planning and Zoning Introduction: March XX, 2025 Public Hearing: April XX, 2025 Enactment: April XX, 2025 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE 15.10.140 DEFINITION OF EFFICIENCY APARTMENT AND 15.10.226 — LAND USES ALLOWED TABLE, ADDING ATTACHED AND DETACHED ADDITIONAL DWELLING UNITS WHEREAS,; and WHEREAS,; and WHEREAS,; and WHEREAS,; and WHEREAS,; and WHEREAS,; and WHEREAS,; and NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 15.10.140 Definitions is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: 1. Accessory building. A detached structure that: a. Is clearly incidental to and customarily found in connection with a principal building or use; b. Is subordinate to and serves a principal building or use; c. Is subordinate in area, extent or purpose to the principal building or use served; d. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and e. Is located on the same or adjacent lot under the same ownership as the principal building or use served. 52 Accessory Dwelling Units CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid -mounted or other moveable structures. (Accessory or mother-in-law apartment. See Dwelling, Accessory dwelling unit Efficiency apartment) 31. Dwelling. A building designed or used exclusively as living quarters for one or more families. a. Accessory dwelling unit. A single separate dwelling unit, located on the same property as a detached single-family dwelling, which is subordinate in size to the primary single-family dwelling. There may only be one accessory dwelling unit per single-family dwelling. i. Attached accessory dwelling unit. A dwelling unit connected to or built within the existing primary single-family dwelling. ii. Detached accessory dwelling unit. A new stand-alone structure or converted portion of an existing stand-alone accessory structure into a dwelling unit. a. Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building. b. Apartment, commercial building. An apartment located within a building designed to accommodate a mix of residential and commercial uses. c. Apartment, efficiency (also called accessory apartment). A single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single family dwelling. d. Apartment, owner or manager. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or manager family of that building or a commercial business located in the building. e. Apartment, studio. A small apartment less than 500 square feet with a fully functional kitchen and bathroom. f. Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multiunit building or development. Each owner owns a common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. 53 J. Accessory Dwelling Units CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX g. Guest house. An accessory building occupied on a temporary basis solely by nonpaying guests. h. Mobile home. A factory -built home designed to be used as a year-round residential dwelling and originally designed and mounted on wheels and/or axle supports for transportation by another vehicle. i. Modular home. A factory -built residential structure that is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Includes factory -built and manufactured home. Multiple -family. A building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. k. Single-family, attached. A building containing two or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. Also commonly called townhouse, row house and zero -lot line. 1. Single-family, detached. A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. m. Two-family or duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. n. Unit, dwelling unit. A building or separate portion thereof containing kitchen, living, sleeping accommodations and at least one bathroom and designed to be occupied exclusively as a residence by one family. o. Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. Section 2. Seward City Code Title 15.10.226 Land Uses Allowed Table is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): TABLE Zoning District Designations 54 Accessory Dwelling Units CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX The following zoning district abbreviations are provided for information and interpretation: RR = Rural, very low density single-family residential R 1 = Single-family, low density residential R2 = Single and two-family, medium density residential R3 = Single, two and multi -family, high density residential UR = Urban residential, a mix of residential uses and low impact home professional offices OR = Office residential AC = Auto and neighborhood oriented, light commercial HC = Harbor commercial CB = Central business district - dense downtown commercial I = Industrial RM = Resource management - partially developable lands subject to floodplains and steep slopes INS = Institutional, public, quasi -public uses P = Parks Table 15.10.226. Land Uses Allowed Key: O — Use Permitted Outright H — Home Occupation C — Use Requires Conditional Use Permit P — Use Requires Administrative Permit Blank — Use Prohibited Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Dwelling, 0 0 0 0 0 0 0 0 accessory dwellink unit, attached Dwellin', 0 0 0 0 0 0 accessory dwelling unit, detached 55 Accessory Dwelling Units CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Dwelling, apartment in a commercial O O O O O C building (limited to one unit) Dwelling, apartment in a commercial 0 0 C C building (two or more units) Dwelling, apartment, 0 0 0 0 0 0 0 efficiency or accessory Dwelling, apartment, studio CCCCC 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 Dwelling, 0 C watchman or caretaker Section 3. This ordinance shall take effect immediately upon adoption. 56 Accessory Dwelling Units CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the XX day of March, 2025. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 57