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HomeMy WebLinkAbout03042025 Planning & Zoning PacketPlanning & Zoning Commission Meeting Packet Regular Meeting Tuesday, March 4, 2025 Council Chambers, City Hall 7: DO p.m. 1963 1965 2005 lincemal Afl-America City 11111 r The City of Seward, Alaska PLANNING & ZONING COMIVIISSION MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones and devices during the meeting Chair Carol Griswold Vice Chair Brenan Homseth Commissioner Nathaniel Charbonneau Commissioner Vanessa Verhey Commissioner Clare Sullivan Commissioner Rhonda Hubbard Commissioner June Pemberton Community Development Director Daniel Meuninck City Planner Courtney Bringhurst Executive Assistant Clara Brown City Clerk Kris Peck March 4, 2025 at 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC 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 6. Consent Agenda items are not considered separately unless a commissioner requests. No second or vote is needed. In the event of such a request, the item is returned to the Regular Agenda. Marked with *) 6. CONSENT AGENDA A. Minutes of Preceding Meeting 1)* Approve February 4, 2025 Planning & Zoning Commission Meeting Minutes 5 2)* Approve February 18, 2025 Planning & Zoning Commission Special Meeting Minutes 10 7. 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 Planning & Zoning Commission Meeting Agenda March 4. 2025 2 8. PUBLIC HEARINGS (Chair shall ask if any commissioner needs to declare a conflict of interest at this time. Public hearing continents are limited to five (5) minutes per person. After all speakers have spoken, a person nrap speak for a second time for no more than one (1) minute.) A. Resolutions Requiring Public Hearing 1) Resolution 2025-009 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council approval of the land use amendment to rezone the property located at 1604 Phoenix Road fom a Two -Family (R2) zoning district to an Auto Commercial (AC) zoning district .. 14 2) Resolution 2025-010 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council approval of the land use amendment to rezone Spring Creek Park and the tidelands to the north; Located at 403 Nash Road and 3007 Bette Cato Avenue, from an Industrial (I) zoning district to a Park (P) zoning district 31 3) Resolution 2025-011 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council approval of the land use amendment to rezone Fourth of July Beach Park; Located at 3311 Sorrel Road, from an Industrial (I) zoning district to a Park (P) zoning district 38 4) Resolution 2025-012 of the Planning and Zoning Commission recommending the City Council amend Seward City Code § 15.10.140 definition of an efficiency apartment; § 15.10.226 Land Uses Allowed Table, adding attached and detached accessory dwelling units; and updating § 15.10.215 Parking for accessory dwelling units 45 9. UNFINISHED BUSINESS A. Resolutions - None 10. NEW BUSINESS A. Resolutions - None B. Other New Business 1) Nominate and select a Chair 56 2) Nominate and select a Vice Chair 56 3) Discuss the work session topics for Tuesday, March 18, 2025. a. Building height b. Mini Training: How to read a plat 11. INFORMATIONAL HEMS AND REPORTS (No action required.) A. Reminder of upcoming P&Z Meetings 1) Work session on Tuesday, March 18th, 2025 at 6:00 pm in Council Chambers at City Hall. Maiming & Zoning Conmiission Meeting Agenda March 4, 2025 3 2) Work session on Tuesday, April 8th, 2025, at 6:00 pm in Council Chambers at City Hall a. Presentation regarding the status of the Safe Streets and Roads for All project 3) Regular meeting on Tuesday, April 8th, 2025, at 7:00 pm in Council Chambers at City Hall. B. Other Items 12. FINAL PUBLIC COMMENTS (There is no sign -in for this comment period. Time is limited to five (5) minutes per speaker.) 13. ADMINISTRATION AND COMMISSION COMMENTS AND RESPONSES TO PUBLIC COMMENTS 14. EXECUTIVE SESSION - None 15. ADJOURNMENT Planning & Zoning Commission Meeting Agenda March 4, 2025 4 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes February 4, 2025 Volume 8, Page CALL TO ORDER The February 4, 2025, regular meeting of the Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Carol Griswold. OPENING CEREMONY Conunissioner Sean Ulman led the Pledge of Allegiance to the flag. ROLL CALL There were present: Carol Griswold, presiding, and Brenan Hornseth Nathaniel Charbonneau Van& c Sean Ulman Rhonda Hubbard Clare Sullivan comprising a quorum of the Council; and Daniel Meuninck, Community Development Director Courtney Bringhurst, City Planner Clara Brown, Executive Assistant Kris Peck, City Clerk Jodi Kurtz, Deputy City Clerk Excused — Verhe Absent — None Vacant — None CITIZEN COMMENTS ON ANY SUBJECT Nate Smith, outside city limits, spoke in opposition to the proposed marijuana drive-thru and emphasized the need for proper regulations. He urged policymakers to carefully consider these issues before approving drive -thin sales, stressing the importance of establishing clear laws on open containers and enforcement. Smith understood the applicant had withdrawn the application related to Resolution 2025-006. Elle Zernia, outside city limits, spoke in opposition to the cannabis drive-thru even though it had been withdrawn by the applicant. She expressed gratitude to the commission for their openness and willingness to engage with the community Zemia thanked the board for advocating on behalf of the public and creating a space where people felt comfortable voicing their concerns. 5 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes February 4, 2025 Volume 8, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Sullivan) Approval of Agenda and Consent Agenda Griswold explained that Resolution 2025-006 regarding the Tufted Puffm drive-thru needed to be deleted from the agenda because the applicant had withdrawn the application. Griswold also requested the Special Meeting informational item be moved to New Business- Other Items for discussion. Motion as Amended Passed Unanimous The clerk read the following approved consent agenda items: Approve January 7, 2025, Planning & Zoning Commission Meeting Minutes SPECIAL ORDERS, PRESENTATION, AND REPORTS City Administration Report Community Development Director Daniel Meuninck reiterated Resolution 2025-006 with the Tufted Puffm application that had been withdrawn. He spoke to the three commission seats that would expire at the end of the month and the City Council process for appointing new members. The National Planning Conference would be held in Denver, Colorado at the end of March and there was budgeted funds available for one commission member to attend. The regular April P&Z meeting had been rescheduled to April 8, 2025 due to the conference. He reminded everyone of the Comprehensive Plan surveys that remain open until May 31, 2025. Lastly, he provided a summary of the Joint Work Session with P&Z and Council and the topics that still needed further review. PUBLIC HEARINGS 'IL Resolutions Requiring Public Hearing Resolution 2025-004: Granting a Variance from Seward City Code 15.10.220 Development Requirements to OBI Seafoods to install a condenser unit above their building, reaching a height no taller than 39'; Located at 601 Port Avenue; Marina Subdivision, Block 2 Replat, Lot 2A, Block 2; Within the Harbor Commercial (HC) Zoning District Motion (Charbonneau/Sullivan) Approve Resolution 2025-004 Bringhurst explained how OBI Seafoods was upgrading their refrigeration system by replacing three outdated shell and tube condensers with a more efficient unit. The new condenser must be placed above the compressor room for proper function and positioned in a loading dock on the building's north side to minimize space usage. The unit's total height was 39 feet and 9 inches. The applicant Dave Ramirez, and the engineer Justin Wyatt were available for questions. 6 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes February 4, 2025 Volume 8, Page Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Dave Ramirez, outside city limits, introduced himself as the applicant. Typically, condensers were installed on rooftops, but in this case an alternative location was necessary. He spoke to the location and height variance to prevent snow accumulation, as the condenser needed sufficient clearance above the existing roofline to function properly. No one else appeared and the public hearing was closed. The applicant, engineer and commissioners discussed the possibility of reducing the height of the condenser unit by 2 feet, bringing it down to 37 feet and 9 inches. This would better align with local snow removal requirements and avoid unnecessary height variance. They also discussed protective bollards, hazard signs, and windsocks. Resolution 2025-006 was amended to adjust the height of the building to be lowered two feet from 39 feet and 9 inches to a height of 37 feet and 9 inches. Motion as Amended Passed Unanimous Resolution 2025-005: Granting a Conditional Use Permit to Chugachmiut to construct and operate a pharmacy drive-thru window at the new Chugachmiut Regional Health Center on Fort Raymond Subdivision Replat No 1, 2022 Addition, Lot 7A-2; Located at 704 Aspen Lane; Within an Auto Commercial (AC) Zoning District Motion (Charbonneau/Sullivan) Approve Resolution 2025-005 Bringhurst explained the pharmacy drive-thru window was included in the construction of the Chugachmiut Regional Health Center. The drive-thru would provide convenience and contactless service for individuals with illnesses. She confirmed the pharmacy drive-thru met the city's setback requirements. Albi Tatum, outside city limits, introduced herself as the Chugachmiut Health Service Operator. She explained the drive-thru would not be high -traffic. She emphasized that the drive-thru was designed to accommodate individuals with mobility challenges or those who are sick and prefer not to enter the building. Currently, these individuals require assistance from staff or their caregivers, but the new service would allow more independence. Tatum explained that the facility had ample space for the proposed drive-thru operation. She clarified that the facility did not intend to operate the drive-thru while the rest of the facility was closed. If a pedestrian or someone on a non -motorized vehicle needed service, staff would bring the prescription out to them, rather than having them access the drive-thru lane. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one else appeared and the public hearing was closed. 7 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes February 4, 2025 Volume 8, Page The commission discussed adding a condition that required the pharmacy to ensure pedestrians and non -motorized vehicle users were provided with equivalent service. An amendment to add a condition for a "walk up service shall be provided whenever drive up window is open" was failed by the commission. The commission discussed controlling noise from drive-thru speaker systems, breaches in privacy, and exterior lighting from the pharmacy window. Main Motion Passed Unanimous Resolution 2025 006, of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Usc Pcrmit to The Tuftcd Puffin LLC to operatc a drivc tluu window to ocll rctail cannabis products and non cannabis food and bcvcragc itcmo on Lot 1, Block 2, North Harb r Subdivioi n; L catcd at 108 P rt Avcnuc; Within an Aut C mrncrcial (AC) Z ning District Resolution 2025-006 was deleted from the agenda due to application being withdrawn by the applicant. NEW BUSINESS Resolutions Resolution 2025-007: Recommending City Council Approval of the Planning and Zoning Commission Priorities for January 2025 to January 2026 Motion (Charbonneau/Sullivan) Approve Resolution 2025-007 Bringhurst summarized the Planning & Zoning Commission priorities from the agenda packet. The commission discussed the priorities in detail. Motion Passed Unanimous Other New Business Discuss the Work Session topics for Tuesday, February 18, 2025 The commission planned for a shorter work session followed by a special meeting. They wanted to focused on accessory dwelling units (ADUs) and building height regulations. Based on council direction, they aim to prioritize ADUs. Discuss the Special Meeting on Tuesday, February 18, 2025. The special meeting following the work session would be to approve the updated Rules of Procedure document with the current lineup on commissioners in place. There would also be a 8 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes February 4, 2025 Volume 8, Page discussion on the residency requirement for Planning & Zoning Commissioners. City Council had requested feedback from the Planning & Zoning Commission on the matter. INFORMATIONAL ITEMS AND REPORTS Reminder of Meetings Work session on Tuesday, February 18th, 2025 at 5:30 p.m. in Council Chambers at City Hall Special meeting on Tuesday, February 18th, 2025 at 7:00 p.m. in Council Chambers at City Hall Regular meeting on Tuesday, March 4th, 2025 at 7:00 p.m. in the Council Chambers at City Hall COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Charbonneau thanked everyone for coming out to the meeting and thanked city staff for their work. Sullivan appreciated all the hard work from everyone and moving things forward in Seward. She stated we are all in this boat together. Hubbard thanked everyone for their work and thought the agenda packet was nicely put together. She appreciated the Community Development staff and City Clerk's office staff. Meuninck thanked the commission for their work and reviewing the packets. He appreciated the effort they put into reviewing the material. Hornseth thanked everyone for coming to the meeting including: the public, city staff, fellow commissioners, the City Clerk, Deputy City Clerk, Executive Assistant. He really appreciated everyone for all their work. The meeting was adjourned at 8:43 p.m. Jodi Kurtz Carol Griswold Deputy City Clerk Chair (City Seal) 9 City of Seward, Alaska Planning & Zoning Commission Special Meeting Minutes February 18, 2025 Volume 8, Page CALL TO ORDER The February 18, 2025, special meeting of the Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Carol Griswold. OPENING CEREMONY Commissioner Claire Sullivan led the Pledge of Allegiance to the flag. ROLL CALL There were present: Carol Griswold, presiding, and Brenan Hor nseth Nathaniel Charbonneau Vanc33a Vcrhcy Sean Ulman Clare Sullivan comprising a quorum of the Commission; and Daniel Meuninck, Community Development Director Courtney Bringhurst, City Planner Clara Brown, Executive Assistant Jodi Kurtz, Deputy City Clerk Excused — Verhey, Hubbard Absent — None Vacant — None CITIZEN COMMENTS ON ANY SUBJECT — None APPROVAL OF AGENDA Motion (Charbonneau/Sullivan) Motion Passed NEW BUSINESS Resolutions Resolution 2025-008: Adopting the Planning and Zoning Commission Rules of Procedures 2025 Update Approval of Agenda Unanimous 10 City of Seward, Alaska February 18, 2025 Planning & Zoning Commission Special Meeting Minutes Volume 8, Page Motion (Charbonneau/Sullivan) Approve Resolution 2025-008 Meuninck explained the Rules of Procedure update for the Planning & Zoning Commission had been a year -long effort aimed at reducing vague things and improving procedural clarity. The last revision had taken place in 2014 and was in need of an update. The primary goal had been to ensure due process, minimize reliance on legal consultation, and serve as an effective training tool for new commissioners. The goal was to adopt it at this meeting and keep opportunities open for continued feedback and future amendments. The commission expressed appreciation and acknowledged the effort put into the revised Rules of Procedures. They recognized the significant work that had gone into the revisions over the past year and commended the document for being comprehensive, well -structured, and thoughtfully prepared. Griswold noted some housekeeping edits throughout the document and the conunission agreed on making the edits. Resolution 2025-008 was amended to add to Rule 5, last paragraph, last sentence to add "an executive session or" so the section would read: "a person solely removed from office shall have a right to an executive session or public hearing before council concerning the cause for removal." Resolution 2025-008 was amended to Rule 12 regarding city staff and the city clerk align with the current city code 2.30.217 B. Resolution 2025-008 was amended in Rule 19 Special Meeting to strike the word "administration" from the first sentence to align with current city code 2.30.220 B. Main Motion as Amended Passed INkOther New Business ` 1 Unanimous Receive Commission feedback on allowing one member of the Planning and Zoning Commission to live outside Seward City Limits if they live in the greater Seward area and own and operate a business on their property inside city limits Meuninck said this idea had already been presented to City Council as a discussion item. Council had requested feedback from the commission on the topic of allowing a member outside of city limits. Meuninck explained the current proposal was designed with strict limitations such as owning property in town and operating a business on it to be eligible for a commission seat. The commission relaxed the rules to allow the audience members to speak on the topic: June Pemberton, inside city limits, expressed opposition to allowing individuals from outside the city to serve on the Commission. As someone who currently resided inside city limits, she would be most affected by the planning and zoning decisions that were being made. Those potential 11 City of Seward, Alaska Planning & Zoning Commission Special Meeting Minutes February 18, 2025 Volume 8, Pate commissioners who live outside of city limits would do their business in town and then go home at the end of the day. Stephanie Millane, outside city limits, owned two business inside city limits and felt non-residents could serve fairly on the commission. She suggested removing the property ownership requirement since she leases her business space. Millane also emphasizes her tax contributions and limited opportunities to voice concerns. Jena Peterson, outside city limits, echoed Millane's confluents. She expressed support for allowing non-residents to serve on the commission. Samantha Allen, inside city limits, highlighted the enthusiasm and insight the business community could bring to the Planning and Zoning Commission. She noted that business owners had shown interest in joining, which could help with quorum and provide a diverse perspective on the board. The commission discussed the topic in great detail. Several commissioners expressed differing views on the matter. Some emphasized that business owners already had a voice on the commission. Others expressed concerns about giving too much influence on non-residents. There were also points raised about the restrictive requirements for non-resident applicants, such as owning property or a business within the city. It was mentioned that ultimately it was a city council decision. The goal was to ensure that decisions made had a positive and lasting impact on the surrounding areas. CITIZEN COMMENTS June Pemberton, inside city limits, spoke to the continuous impact of local government decisions on those who live within the city limits. By contrast, other individuals would be affected only during their regular business hours inside city limits. Pemberton also expressed frustration with the online application process where she experienced technical issues. She advocated for a greater understanding of how local decisions affect residents daily lives and urged the commission to ongoing impact of these decisions on those who live in the city. COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Charbonneau thanked city administration and the public. Sullivan thanked the administration for putting the Rules of Procedures document together and it represented an amazing amount of work. She noted Chair Griswold as one of the best editors she knows. Sullivan was thankful for all ongoing support that the city clerk's office and administration does for the commission. Ulman thanked everyone for coming and thanked administration for the support. 12 City of Seward, Alaska Planning & Zoning Commission Special Meeting Minutes February 18, 2025 Volume 8, Page Hornseth thanked all the commissioners and those who were completing their terms. He also thanked the public for their engagement and thanked city staff. Griswold asked city staff to assist June Pemberton in obtaining the P&Z application. Griswold appreciated the commission and thanked them for a great discussion tonight. She appreciated the public for sitting through the meeting and thanked everyone behind the scenes. ADJOURNMENT The special meeting was adjourned at 8:12 p.m. Jodi Kurtz Carol Griswold Deputy City Clerk Chair (City Seal) 13 Planning and Zoning Agenda Statement Meeting Date: March 4, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2025-009 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council approval of the land use amendment to rezone Lot 19, Clearview Subdivision No. 6; Located at 1604 Phoenix Road, from a Two -Family (R2) zoning district to an Auto Commercial (AC) zoning district Background and justification: Jacob Bridges, the owner of 1604 Phoenix Road, has submitted a land use plan amendment application to the Planning and Zoning Commission to rezone his property from Two -Family Residential to Auto Commercial. Seward City Code §15.01.035(B)(3) states that "except for an ordinance altering the boundaries of existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the City shall be considered if the area encompassed by the proposed ordinance contains less than one acre." The area of land owned by the applicant is 0.27 acres, however, it is adjacent to an Auto Commercial zoning district to the southwest, which meets the requirement allowing the alteration of the boundaries of existing, contiguous zoning districts. The properties to the north, northwest, and northeast are zoned Two-family Residential. The property directly to the north is vacant. The property to the northeast is a duplex, and the property to the west is a single-family home. The properties to the southeast and east are zoned Auto Commercial and are utilized for a seasonal parking lot, two employee bunkhouses, and a warehouse. The property to the southwest, across from Phoenix Road, is a vacant lot zoned Resource Management. The applicant is requesting this rezone in order to better utilize his property to provide long-term housing and space for a small business operation. He would like to use the property to construct a duplex, which is allowed outright in the Two -Family Residential zoning district, and a large workshop. The applicant plans to use the workshop commercially for small boat repairs and a woodshop. The applicant only plans to move one or two vessels into the workshop in the fall to work on them during the winter and then move them out in the spring. Woodshops and boat repair and maintenance are not allowed in the Two -Family Residential zoning district. Both uses are allowed outright in the Auto Commercial zoning district. The applicant would also like to add a small garage to the building where the residents of the duplex can park their vehicles. Due to the setback requirements and lot coverage restrictions, this possibility is limited if the property remains zoned as Two -Family Residential. The applicant intends to use the duplex for long-term rentals, which is a demonstrated need in the community, 14 and would like the extra flexibility of the Auto Commercial zone in lot coverage and setbacks to provide reasonably sized units adequate for families to rent. Two -Family Residential setback requirements are 20' in the front, 5' minimum on the sides with a total of 15' from both sides, and 10' in the back. The minimum lot coverage allowance is 35%. This specific property has additional restrictions that limit the amount of land that can be developed due to a 20' easement in the back and a 10' easement to the southeast. Changing the property's zoning to Auto Commercial, which requires a 10' setback in the front, 5' on the sides, and 10' in the back, would not reduce the setbacks on the side, due to the easement restrictions, but it would provide more flexibility in the front. The minimum lot coverage allowance in the Auto Commercial zoning district is 50%. Although the Seward Comprehensive Plan's Future Land Use Map does not support a rezone from Two-family Residential to Auto Commercial, the Seward Comprehensive Plan has a goal to "promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established". This property is a vacant piece of land within a developed neighborhood. All public utilities are available to the property. The Seward Comprehensive Plan also recommends "creating incentives to provide land for housing development within the City of Seward". The proposed rezone would provide the applicant with incentives to develop his vacant lot through the additional developable square footage and the multi -use opportunity of combining residential and commercial space. The public notification process was complied with and the appropriate public hearing, as required by Seward City Code § 15.01.040. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2.11 Plan: • "Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established." Vol 1, Chapter 3.2.1.2 — "Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations." Vol 1, Chapter 3.3.1.1 — "Support a range of housing choices that meeting the needs of people in various income and age groups." Vol 1, Chapter 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." Strategic Plan: N/A Other: 15 Staff Comments Department Comments No Comment N/A Building Department _ Buildings constructed for commercial purposes in a commercial zoning district are required to be structurally engineered _ Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed land use amendment were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication, the Community Development Department has received public inquiries, which were forwarded to the Commission for their review. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation Seward City Code 15.01.035B(1)(c) allows an individual to initiate a land use amendment application by petition of a majority of the property owners in the area to be amended if it is altering the boundaries of existing, contiguous zoning districts. Seward City Code 15.01.035C(3) also states that "the commission shall, upon public hearing, forward its written recommendation to the City Council along with all certified minutes and public records relating to the proposed amendment." The City Council may or may not adopt the amendment as a City ordinance [SCC 15.01.035 C (5)]. 16 Sponsored by: Applicant Public Hearing: March 4, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-009 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE LAND USE AMENDMENT TO REZONE LOT 19, CLEARVIEW SUBDIVISION, NO. 6; LOCATED AT 1604 PHOENIX ROAD, FROM A TWO-FAMILY (R2) ZONING DISTRICT TO AN AUTO COMMERCIAL (AC) ZONING DISTRICT WHEREAS, Jacob Bridges, the owner of 1604 Phoenix Road submitted a land use plan amendment application to rezone his property from Two -Family Residential to Auto Commercial; and WHEREAS, the size of the parcel is 0.27 acres; and WHEREAS, Seward City Code §15.01.035(B)(3) states that "except for an ordinance altering the boundaries of existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the City shall be considered if the area encompassed by the proposed ordinance contains less than one acre"; and WHEREAS, the proposed rezone location is contiguous to an Auto Commercial zoning district to the southwest; and WHEREAS, the applicant would like to utilize the property to construct a duplex and a large workshop; and WHEREAS, the applicant intends to use the workshop commercially for small boat repairs and woodworking; and WHEREAS, woodshops are not allowed in the Two -Family Residential zoning district, but are allowed outright in the Auto Commercial zoning district; and WHEREAS, boat repair and maintenance is not allowed in the Two -Family Residential zoning district, but it is allowed outright in the Auto Commercial zoning district; and WHEREAS, the applicant intends to use the duplex for long-term rentals, and would like the extra flexibility in lot coverage and setbacks to provide reasonably sized units adequate for families to rent; and WHEREAS, the Seward Comprehensive Plan advocates to "promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established"; and 17 PLANNING AND ZONING COMMISSION RESOLUTION 2025-009 Page 2 of 2 WHEREAS, the Seward Comprehensive Plan recommends "creating incentives to provide land for housing development within the City of Seward"; and WHEREAS, the proposed rezone would provide the applicant with incentives to develop his vacant lot through the additional developable square footage and the multi -use opportunity of combining residential and commercial space; and WHEREAS, the public notification process was complied with and the appropriate public hearing, as required by Seward City Code § 15.01.040. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Planning and Zoning Commission approves Resolution 2025-009 and recommends an Ordinance be forwarded to City Council to approve the land use amendment to rezone Lot 19, Clearview Subdivision No. 6; located at 1604 Phoenix Road, from a Two -Family Residential (R2) zoning district to an Auto Commercial (AC) zoning district. Section 3. The Planning and Zoning Commission recommends the City Council approve updating the current and future Land Use Maps for this location from Two -Family Residential to Auto Commercial. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Planning and Zoning Commission this 4th day of March, 2025. AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck - City Clerk - (City Seal) THE CITY OF SEWARD, ALASKA Carol Griswold, Chair 18 Key Single-family Residential Two-family Residential Multi -family Residential Auto Commercial Harbor Commercial Resource Management Rezone Application Property Map RES 2025-009 - Rezoning 1604 Phoenix Road from two-family residential to auto commercial Location: 1604 Phoenix Road Parcel #: 14510439 CITY OF SEW_A_RD 1'. < ), liox I r;7 111) ,\ilium Surd .St aril..\I,1 ka'.)9iili I Coininunity Development 907.22 1.1019 planninel cif) olicn•ard.ncr LAND USE PLAN AMENDMENT - REZONING APPLICATION This completed application is to be submitted to the Community Development Department no later than six (6) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $300 filing fee. Petitioner: Jacob Bridges Address: Telephone Number: Email: Property Description Address: 1604 Phoenix. T1S R 1W SEC3 Seward Meridian SW 2005015 Lot: 19 Block: Subdivision: Clearveiw 1 Size of subject area: ,127 acres Number of parcels within subject area: Additional Information Located in Historic Overlay District? Yes L] No L] Intended use and/or reason for rezoning: Reason for rezone request is to increase allowable )jiiilrlahlr 1.-,1,..r,-, and rlr.crr.ner.rl crtlr,nrk rrniiirrmrntc Clair riiirrrnt nlanc invnlvr a cinndr hiiilrting roughly 44'x80' to include two stacked dwelling spaces and an attached shop/garage. Each living space to include 3 bedrooms/2 bath @1600 sq' each. Remaining area as shop space accessible by i head door facing Phoenix Rd. Does the proposed amendment comply with the Comprehensive Plan? Please list how below. Seward 2030 Comprehensive Plan Volume I: baps:;/vww.citvofscward.us/homcshowdocumcnr?id=1705 Volume II: httms:/hvww.citvofscward.us/homc;showdocumcnt?id=1707 ver- 20 Does the proposed amendment comply with the Historic Preservation Plan (skip if not within Historic Overlay District) What is the effect of the zoning amendment on the property owners and on the community at large? This zoning amendment, in my opinion does not negatively impact the neighbors any more than having a neighbor. Furthermore, I believe the amendment allows for the maximum benefit due to limited lots and facilitates development for necessary long term family housing. I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge. I understand that this item will be scheduled for action only if all application materials are submitted not Tess than six (6) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. Applicant Signature: Enclosed: 4 $300 Payment ( ) Map of the subject area ( ) Other: ( ) A map is required to accompany this application. Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE of $300.00 (payable to the City of Seward) to the Community Development Office. Please mark the method through which this Rezone application is being initiated: (SCC 15.01.035 (b)) ( ) By the City Council on its own motion; ( ) By the commission on its own motion; (X ) *By petition of a majority of the property owners in the area to be amended; ( ) *By petition bearing the signatures of 50 registered voters within the City; or ( ) *By petition as provided by the home rule charter of the City, *If the initiated method was through petition, please include the signatures on the page provided or additional pages if needed, 21 RES 2006-53 VACATE z.0 A WASTEWATER DISPOSAL 0 PLAT APPROVAL a >- z ;s 00•]a-s+' a 4az.s+') 500'!9'J9"f 2$1.84' �ry7, 4 4 6 to'% g5 50k A 1 i F 014 5 50 1.41* R� �0 � 5u$0'I pLA1 Too / flp1t� "01°- A $�. f a pf / lua«+ BAYVYEW PLACE m DATE: 10/06/05 0 0 ORAWNG NO LEGEND + Found Monument 6 Found Reba- & N. Cap LS 375.3 • Found Reba,- & Pt Cap L5 8535 • Set 5/Bx2e" Re6ar & Alastrc Cap. LS 7569 105.71- Measured this survey 3;3 q.M'e 0,h A W 4.! biz • O 'a W h- 01 zzzzzzA. 333333 OW..101�Nhf` h� F b � iip-P�n-r nnm�hh"6 1 Y `55 1 h n_ x rg^m<�rymaao:: U��^ry^nomo-.r5iF �vanh E`r.z 8T59R5 057d77" 55J6'35" 7225'O8" . 122636" 1225'S5' wF��,�i'� `'8ao8888 885 6ti' oRootiti4;"01;1 V •F>yrbnma� a<'-G u[1 EfUUVU V V r z J a $fin as un tin 8S an in u H y {ins tlb} Record Dola Prat 200r-5 22 40 1 719g No•EN:LNK IZopiD 1 • • rv<oreri-vorgitftpivii.:141 l -MEW '414 5 BRA? ir 14'{ BEDROOM 10-5" X 10- ' BEDROOM 10-1rX1P•10 BEDROOM 10.6'X 10.1r 7? 110.114 Utility Area r { DECK 11-0' X T•11' 11 i 4 LIVING AREA 15T15Q FT IT GARAGE 40-4" X 34-0" 10 GARAGE 24-0" X28A" r it tt J 16 40' 45 T 10 64 10 24 HIGHEST RIDGE 28.3' TOP OF PLATE 11.2' 'OP OF SUBFLOOR - 2ND FLOOR 9.1' TOP OF PLATE 8.1' co cra In Co {r _ I -OP OF SUBFLOOR - 15T FLOOR,` 0' BOTTOM OF FOOTING -1' csa 1 I I -11 OD 110 0 0 o v o v HIGHEST RIDGE 25.3' TOP OF PLATE 11.2' TOP OF SUBFLO OR - 2ND FLOOR - 1.11 TOP OF PLATE o� 5.1' -' DP OF SUBFLOOR - FOUNDATION rikIF \ BOTTOM OF FOOTING -1' 26 27 28 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE Ci&--& ivy , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on 'eebunl21 'ZoZ she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Lot 19, Clear View Subdivision No. 6; physical address 1604 Phoenix Road, as prescribed by Seward City Code 15.01.040. Affirmed and signed this e dayof 2025. 9 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, (A.) , \ 2dci_,) C,L , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 on the property located at Lot 19, Clear View Subdivision No. 6; physical address 1604 Phoenix Road, the owners of which have petitioned for a Public Hearing to Rezone the property from a Two -Family Zoning District to an Auto Commercial Zoning District. The notice was posted on 1"4" ualiu)1..2 y 101 , which is I Ci 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 ) day of -bn, L , 2025. Signature 30 Planning and Zoning Agenda Statement Meeting Date: March 4, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2025-010 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council approval of the land use amendment to rezone Spring Creek Park and the tidelands to the north; Located at 403 Nash Road and 3007 Bette Cato Avenue, from an Industrial (I) zoning district to a Park (P) zoning district Background and justification: The Municipal Lands Inventory and Management Plan (MLIMP) 2023-2024 Update (page 99- 100) recommends platting the Spring Creek campground, beach, and adjacent city tidelands to the north into one parcel and rezone as Park. On January 7, 2025, the Planning and Zoning Commission approved Resolution 2025-001 recommending Council approval of the preliminary plat of Spring Creek campground and beach. On February 10, 2025, Council approved Resolution 2025-007, recommending Kenai Peninsula Borough approval of the same preliminary plat. Due to complications with the plat, the tidelands to the north of Spring Creek campground, which include a significant stretch of beach used by the public, were not included in the recent plat that created a separate parcel for the Spring Creek campground and beach area. However, Seward City Code 15.01.035(B)(3) allows the Commission to initiate a land use amendment to rezone a parcel to a different zoning district than the surrounding properties as long as that parcel is a minimum of one acre. Tract A is 22.496 acres and Tract B is 7.23 acres. The proposed land use amendment would rezone Tract A, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Spring Creek Park Replat, located at 403 Nash Road; and Tract B, Alaska Tidelands Survey 1574, located at 3007 Bette Cato from an Industrial (I) Zoning District to a Park (P) Zoning District. The Comprehensive Plan highlights the importance of recreational areas in Seward and outlines a goal to "ensure that Municipal land acquired for or converted to long-term or permanent -park or recreational uses are officially dedicated as Park." The Spring Creek campground and beach has been used as a recreational area for many years and is a popular place for locals and visitors alike. Rezoning the land to Park would ensure that the public has continued access to this location in years to come. The public notification process was complied with and the appropriate public hearing, as required by Seward City Code § 15.01.040. 31 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.6.1.1 "Improve existing and develop additional Plan: recreational infrastructure." • Identify, protect, and preserve scenic and natural areas for recreational enjoyment." Vol 1, Chapter 3.6.1.2 • Ensure that Municipal land acquired for or converted to long-term or permanent -park or recreational uses are officially dedicated as park land. Strategic Plan: N/A Other: Municipal Lands Inventory and Management Plan Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed land use amendment 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 Conununity Development Department has received no public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation Seward City Code 15.01.035(B)(1)(b) allows the Planning and Zoning Commission to initiate a land use amendment on its own motion. The preliminary plat was recently approved by the Commission and Council. The proposed zoning change of the Spring Creek campground, beach, and adjacent tidelands to the north to Park is the next step as recommended by the Municipal Lands Inventory and Management Plan 2023-2024 Update. The proposed zoning change would protect the campground and beach area, ensure public parking, and provide public access to this beloved beach area. 32 Sponsored by: Planning and Zoning Commission Public Hearing: March 4, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-010 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE LAND USE AMENDMENT TO REZONE SPRING CREEK PARK AND THE TIDELANDS TO THE NORTH; LOCATED AT 403 NASH ROAD AND 3007 BETTE CATO AVENUE, FROM AN INDUSTRIAL (I) ZONING DISTRICT TO A PARK (P) ZONING DISTRICT WHEREAS, the Municipal Lands Inventory and Management Plan (MLIMP), recommends that the Spring Creek campground, beach, and city tidelands to the north should be platted into one parcel and rezoned as Park; and WHEREAS, on January 7, 2025, the Planning and Zoning Commission approved Resolution 2025-001, recommending Council approval of the preliminary plat to subdivide 3207 Sorrel Road into two tracts of land, separating the Industrial area from the Spring Creek campground and beach parking; and WHEREAS, on February 10, 2025, the City Council approved Resolution 2025-007 recommending Kenai Peninsula Borough approval of the same preliminary plat; and WHEREAS, due to the complexity of the plat, the city tidelands to the north which include a significant stretch of beach used by the public were not included in the recent plat that created a separate parcel for the Spring Creek campground and beach; and WHEREAS, Seward City Code 15.01.035(B)(3) allows the Commission to initiate a land use amendment to rezone a parcel to a different zoning district than the surrounding properties as long as that parcel is a minimum of one acre; and WHEREAS, the two parcels being rezoned are 22.496 acres and 7.23 acres; and WHEREAS, a goal of the Seward Comprehensive Plan is to, "ensure that Municipal land acquired for or converted to long-term or permanent -park or recreational uses are officially dedicated as Park"; and WHEREAS, the Spring Creek campground, beach, and adjacent city tidelands to the north have been used as a recreational area for many years and are a popular place for locals and visitors alike; and WHEREAS, rezoning the land to Park would ensure that the public has continued access to this location in years to come; and 33 PLANNING AND ZONING COMMISSION RESOLUTION 2025-010 Page 2 of 2 WHEREAS, the public notification process was complied with and the appropriate public hearing, as required by Seward City Code § 15.01.040. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Planning and Zoning Commission approves Resolution 2025-010 and recommends an Ordinance be forwarded to City Council to approve the land use amendment to rezone Tract A, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Spring Creek Park Replat, Located at 403 Nash Road; and Tract B, Alaska Tidelands Survey 1574, located at 3007 Bette Cato Avenue from an Industrial (I) zoning district to a Park (P) zoning district. Section 3. The Planning and Zoning Commission recommends the City Council approve updating the current and future Land Use Maps for this location from Industrial to Park. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Planning and Zoning Commission this 4th day of March, 2025. AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Carol Griswold, Chair 34 Rezone Application Property Map RES 2025-010 - Approval of the land use amendment to rezone Spring Creek Park and Tract B from the Alaska Tidelands Survey 1574 from an Industrial zoning district to a Park zoning district Location: 403 Nash Road & 3007 Bette Cato Avenue Parcel #: 14534040 & 14533021 35 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE ora b-nwTh , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on rebsrucu-i 12, 20 7_5 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Tract A, Block 10, Fourth of July Creek Subdivision, SMIC, Spring Creek Park Replat; physical address 403 Nash Road; and Tract B, Tidelands Survey 1574; physical address 307 Bette Cato Ave as prescribed by Seward City Code 15.01.040. Affirmed and signed this ) 2 day of 2025. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, ('. (614_ (ov )-\ , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 on the property located at Tract A, Block 10, Fourth of July Creek Subdivision, SMIC, Spring Creek Park Replat; physical address 403 Nash Road; and Tract B, Tidelands Survey 1574; physical address 307 Bette Cato Ave the owners of which have petitioned for a Public Hearing to Rezone the property from an Industrial Zoning District to a Park Zoning District. The notice was posted on ke kt.t . 1 7,71 'Lo 25 , which is 9 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 I3 day off-- ► , 2025. Signature Planning and Zoning Agenda Statement Meeting Date: March 4, 2025 To: Planning and Zoning Commission Tluough: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2025-011 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council approval of the land use amendment to rezone Fourth of July Beach Park; Located at 3311 Sorrel Road, from an Industrial (I) zoning district to a Park (P) zoning district Background and justification: The Municipal Lands Inventory and Management Plan (MILIMP) 2023-2024 Update (page 101- 102) recommends platting the Fourth of July Beach area and parking into one parcel and rezone as Park. On January 7, 2025, the Planning and Zoning Commission approved Resolution 2025- 002 recommending Council approval of the preliminary plat. On January 27, 2025, Council approved Resolution 2025-008 recommending Kenai Peninsula Borough approval of the same preliminary plat. Seward City Code §15.01.035(B)(3) allows the Commission to initiate a land use amendment to rezone a parcel to a different zoning district than the surrounding parcels as long as the parcel is a minimum of one acre. The parcel proposed for rezone contains 15.331 acres. The proposed land use amendment would rezone Tract B-2, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Fourth of July Beach Park Replat, located at 3311 Sorrel Road, from an Industrial (I) zoning district to a Park (P) zoning district. The Comprehensive Plan highlights the importance of recreational areas in Seward and outlines a goal to "ensure that Municipal land acquired for or converted to long-term or permanent -park or recreational uses are officially dedicated as Park." The Fourth of July Beach has been used as a recreational area for many years and is a popular place for locals and visitors alike. Rezoning the land to Park would ensure that the public has continued access to this location in years to come. The public notification process was complied with and the appropriate public hearing, as required by Seward City Code § 15.01.040. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.6.1.1 "Improve existing and develop additional Plan: recreational infrastructure." • Identify, protect, and preserve scenic and natural areas for recreational enjoyment." 38 Vol 1, Chapter 3.6.1.2 • Ensure that Municipal land acquired for or converted to long-term or permanent -park or recreational uses are officially dedicated as park land. Strategic Plan: N/A Other: Municipal Lands Inventory and Management Plan 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 Property owners within three hundred (300) feet of the proposed land use amendment were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication the Community Development Department has received no public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Seward City Code 15.01.035(B)(1)(b) allows the Planning and Zoning Commission to initiate a land use amendment on its own motion. The preliminary plat was recently approved by the Commission and Council. The proposed zoning change to Park is the next step as recommended by the Municipal Lands Inventory and Management Plan 2023-2024 Update. The proposed zoning change would protect the beach area, ensure public parking, and provide public access to this beloved beach area. 39 Sponsored by: Planning and Zoning Commission Public Hearing: March 4, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-011 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE LAND USE AMENDMENT TO REZONE FOURTH OF JULY BEACH PARK; LOCATED AT 3311 SORREL ROAD, FROM AN INDUSTRIAL (I) ZONING DISTRICT TO A PARK (P) ZONING DISTRICT WHEREAS, the Municipal Lands Inventory and Management Plan (MLIMP) 2023-2024 Update, recommends that the Fourth of July Beach area should be platted into one parcel and rezoned as Park; and WHEREAS, on January 7, 2025 the Planning and Zoning Commission approved Resolution 2025-002, recommending Council approval of the preliminary plat to combine the southern portion of 3207 Sorrel Road and 3311 Sorrel Road into one tract of land; and WHEREAS, on January 27, 2025 the City Council approved Resolution 2025-008 recommending Kenai Peninsula Borough approval of the same preliminary plat; and WHEREAS, the tract of land that was created was the land that encompasses the Fourth of July Beach and parking area; and WHEREAS, Seward City Code 15.01.035(B)(3) allows the Commission to initiate a land use amendment to rezone a parcel to a different zoning district than the surrounding properties as long as that parcel is a minimum of one acre; and WHEREAS, the parcel being rezoned is 15.331 acres; and WHEREAS, a goal of the Seward Comprehensive Plan is to, "ensure that Municipal land acquired for or converted to long-term or permanent -park or recreational uses are officially dedicated as Park"; and WHEREAS, the Fourth of July Beach has been used as a recreational area for many years and is a popular place for locals and visitors alike; and WHEREAS, rezoning the land to Park would ensure that the public has continued access to this location in years to come; and WHEREAS, the public notification process was complied with and the appropriate public hearing, as required by Seward City Code § 15.01.040. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, that: 40 PLANNING AND ZONING COMMISSION RESOLUTION 2025-011 Page 2 of 2 Section 1. The Planning and Zoning Commission approves Resolution 2025-011 and recommends an Ordinance be forwarded to City Council to approve the land use amendment to rezone Tract B-2, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Fourth of July Beach Park Replat; located at 3311 Sorrel Road, from an Industrial (I) zoning district to a Park (P) zoning district. Section 3. The Planning and Zoning Commission recommends the City Council approve updating the current and future Land Use Maps for this location from Industrial to Park. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Planning and Zoning Commission this 4th day of March, 2025. AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Carol Griswold, Chair 41 Industrial Plat Boundary 400 feet Rezone Application Property Map II Inc %lilt II; Tr IlDu Context Ma RES 2025-011 - Approval of the land use amendment to rezone Fourth of July Beach Park from an Industrial zoning district to a Park zoning district Location: 3311 Sorrel Road Parcel #: 14534040 42 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE Ciatzt , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on'-pbn u 12, 202c she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Tract B-2, Block 10, Fourth of July Creek Subdivision, SMIC, Fourth of July Beach Park Replat; physical address 3311 Sorrel Road, as prescribed by Seward City Code 15.01.040. Affirmed and signed this\day of 2025. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, La- P7DM-) , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 on the property located at Tract B-2, Block 10, Fourth of July Creek Subdivision, SMIC, Fourth of July Beach Park Replat; physical address 3311 Sorrel Road, the owners of which have petitioned for a Public Hearing to Rezone the property from an Industrial Zoning District to a Park Zoning District. The notice was posted on rebyuAt5 1 � %oZS , which is / I days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. 11 Affirmed and signed this 1 _ day of reba41 , 2025. Signature Planning and Zoning Agenda Statement Meeting Date: March 4, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2025-012 of the Planning and Zoning Commission recommending the City Council amend Seward City Code §15.10.140 definition of an efficiency apartment; § 15.10.226 Land Uses Allowed Table, adding attached and detached accessory dwelling units; and updating § 15.10.215 Parking for accessory dwelling units 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 efficiency/accessory apartments and are 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 structure to the house, nor could the dwelling unit have separate rooms. ADUs provide a unique housing solution for family members who may require assistance or simply want to live near family. ADUs also provide an affordable housing option for young couples, seniors, or families who can't afford to rent a larger space or buy a home. ADUs also provide an extra source of income through long-term or short-term rentals to ease the financial burden of high mortgage payments, making homeownership more feasible. The Planning and Zoning Commission held three subsequent work sessions on November 19th and December 17th, 2024 and February 18th, 2025 and one joint work session with City Council on January 27th, 2025 to further discuss ADUs. Questions were raised regarding the reason for requiring an ADU to be attached to the primary dwelling either by sharing a common wall or with a breezeway. 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. 45 Detached ADUs would not be required to be connected to the primary dwelling with a breezeway with this amended code. The Commission expressed that requiring an ADU to be directly attached to, or within the primary dwelling helps to maintain the character and intent of neighborhoods that are zoned to only allow single-family dwellings, which is why detached ADUs are prohibited within the Rural Residential and Single -Family Residential zoning districts in the proposed regulations. The Commission agreed that while it made sense to allow more than one habitable space within an ADU, the overall size of the ADU should still be subordinate to the primary dwelling. Attached and detached ADUs would still be required to abide by the development requirements in each zoning district for setbacks, maximum lot coverage allowances, and accessory building height, which will also restrict the overall size of the dwelling unit. 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 The effect of this legislation would be to 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, and AC zoning districts and the CB zoning district with a conditional use permit. • Detached ADUs with any number of rooms, but subordinate in size to the single-family dwelling, in the R2, R3, UR,OR, and AC zoning districts and the CB zoning district with a conditional use permit. Only one (1) ADU would be allowed per single-family dwelling. Detached ADUs would be required to have their own water, sewer, and electric lines separate from the primary dwelling if the unit was located on a property that could be subdivided. One parking space on the property, in addition to the two (2) parking spaces for the single-family dwelling, would be required for an attached or detached ADU. Lodging regulations for short-term rentals as found in Seward City Code §15.10.226(B) would still apply to the development and use of both attached and detached ADUs.. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2 — Community Values Plan: • 2.2.8 — City Government: "Continue to review and update the city code." • 2.2.10 — Land Development: "Ensure all adopted codes reflect community values." • 2.2.11— Economic Base: "Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established." Vol 1, Chapter 3.2 — Land Use • 3.2.1.1 — "Ensure uniform and consistent enforcement of the zoning code, building code, subdivision ordinance, and city lease agreements, and evaluate potential code changes to make enforcement easier." • 3.2.1.2 — "Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations." 46 Vol 1, Chapter 3.3 — Housing • 3.3.1.1— "Support a range of housing choices that meeting the needs of people in various income and age groups." • 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." Strategic Plan: N/A Other: N/A The proposed amendments to Title 15.20 have been reviewed thoroughly by staff, the Commission, and the public in various work sessions. If the Commission is in favor of the amendments, SCC 15.01.035 gives the Commission power to provide a recommendation to City Council to amend Seward City Code §15.10.140 Defmitions, §15.10.226 Land Uses Allowed Table, and §15.10.215 Parking as outlined in the attached Ordinance 2025-XXX. 47 Sponsored by: Planning and Zoning Commission Public Hearing: March 4, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-012 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL AMEND SEWARD CITY CODE §15.10.140 DEFINITION OF AN EFFICIENCY APARTMENT; §15.10.226 LAND USES ALLOWED TABLE, ADDING ATTACHED AND DETACHED ACCESSORY DWELLING UNITS; AND UPDATING §15.10.215 PARKING FOR ACCESSORY DWELLING UNITS WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, Community Development has received various complaints and concerns expressed by the public regarding the current regulations for efficiency apartments which require the unit to be attached to the primary dwelling and only have one habitable room; and WHEREAS, the Planning and Zoning Commission held work sessions on September 17, November 19, and December 17, 2024 and February 18, 2025 to discuss efficiency apartments and recommend changes; and WHEREAS, the Planning and Zoning Commission had a joint work session with the City Council on January 27, 2025 to review the proposed changes to efficiency apartments within code; and WHEREAS, the term, accessory dwelling unit (ADU) is more commonly used for what city code describes as an efficiency apartment; and WHEREAS, ADUs provide affordable housing solutions for a wide range of individuals and unique situations; and WHEREAS, the building inspector informed the Commission that there are no building codes or life safety requirements that require an ADU to be attached to the primary dwelling; and WHEREAS, the requirement for an accessory dwelling unit to be attached to the primary dwelling helps to maintain the character and intent of neighborhoods that are strictly zoned for single-family dwellings; and 48 CITY OF SEWARD, ALASKA RESOLUTION 2025-012 WHEREAS, an ADU is accessory to the primary dwelling, and thus required to be smaller in size; and WHEREAS, development requirements such as setbacks, maximum lot coverage, and accessory building height will also further restrict the overall size of the ADU; and WHEREAS, only one ADU will be allowed per single-family dwelling; and WHEREAS, detached ADUs will only be allowed in zoning districts where duplexes and multi -family dwellings are allowed; and WHEREAS, detached ADUs located on properties that may be subdivided will be required to be attached to water, sewer, and electric lines separate from the primary dwelling; and WHEREAS, the proposed code change is consistent with values and goals expressed in the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The Commission recommends Ordinance 2025-XXX attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of March, 2025. AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck - City Clerk - (City Seal) THE CITY OF SEWARD, ALASKA Carol Griswold, Chair 49 Sponsored: Sorensen 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 AN EFFICIENCY APARTMENT; §15.10.226 LAND USES ALLOWED TABLE, ADDING ATTACHED AND DETACHED ACCESSORY DWELLING UNITS; AND UPDATING §15.10.215 PARKING FOR ACCESSORY DWELLING UNITS WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, Community Development has received various complaints and concerns expressed by the public regarding the current regulations for efficiency apartments which require the unit to be attached to the primary dwelling and only have one habitable room; and WHEREAS, the Planning and Zoning Commission held work sessions on September 17, November 19, and December 17, 2024 and February 18, 2025 to discuss efficiency apartments and recommend changes; and WHEREAS, the Planning and Zoning Commission had a joint work session with the City Council on January 27, 2025 to review the proposed changes to efficiency apartments within code; and WHEREAS, the term, accessory dwelling unit (ADU) is more commonly used for what city code describes as an efficiency apartment; and WHEREAS, ADUs provide affordable housing solutions for a wide range of individuals and unique situations; and WHEREAS, the building inspector informed the Commission that there are no building codes or life safety requirements that require an ADU to be attached to the primary dwelling; and WHEREAS, the requirement for an accessory dwelling unit to be attached to the primary dwelling helps to maintain the character and intent of neighborhoods that are strictly zoned for single-family dwellings; and WHEREAS, an ADU is accessory to the primary dwelling, and thus required to be smaller in size; and 50 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX WHEREAS, development requirements such as setbacks, maximum lot coverage, and accessory building height will also further restrict the overall size of the ADU; and WHEREAS, only one ADU will be allowed per single-family dwelling; and WHEREAS, detached ADUs will only be allowed in zoning districts where duplexes and multi -family dwellings are allowed; and WHEREAS, detached ADUs located on properties that may be subdivided will be required to be attached to water, sewer, and electric lines separate from the primary dwelling; and WHEREAS, the Planning and Zoning Commission approved Resolution 2025-012 on March 4, 2025, recommending the City Council approve the proposed code changes; and WHEREAS, the proposed code change is consistent with values and goals expressed in the Comprehensive Plan. 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. 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 dwelline unit Efficiency apartment) 51 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX 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, built on a permanent foundation, located on the same lot as a detached single-family dwelling, which is subordinate in size to the primary single-family dwelling. There shall only be one accessory dwelling unit per single-family dwelling i. Attached accessory dwelling unit (AADU). A dwelling unit that shares a common wall or is built within the existing primary single-family dwelling The use of a breezeway is not considered a form of connection to the primary dwelling ii. Detached accessory dwelling unit (DADU). A new stand-alone structure or converted portion of an existing stand-alone accessory structure into a dwelling unit. The DADU must be connected to its own water, sewer, and electric lines separate from the primary dwelling if the property on which the DADU is being built has the potential to be subdivided. 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. 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 52 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 RI R2 R3 UR OR AC HC CB I RM INS P Dwellin', 0 O 0 0 0 O 0 C accessory dwelling unit, attached Dwelling, 0 0 0 0 0 C accessory dwellink unit, detached 53 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 0 0 0 0 0 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. Seward City Code Title 15.10.215 Parking is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 54 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX 15.10.215 Parking. A. Except in the CB and the HC districts, there shall be provided permanently maintained off- street parking for each principal business. It shall be the responsibility of the business owner to provide and maintain said off-street parking in accordance with this chapter continuously during the life of the business. B. For each principal building or use within a principal building, there shall be no less than the number of off-street vehicle parking spaces specified under this section: Land Use Minimum Number of Parking Spaces Dwellings and Lodges Single-family and 2-family dwellings and parish houses 2 parking spaces per dwelling unit Multiple -family dwellings and other places containing multiple dwelling units 2 parking spaces per dwelling unit plus 1/2 space for every unit larger than 2-bedrooms or greater than 1,000 square feet in size Hotels and motels 1 space per guest unit Lodging, rooming and boardinghouses 1 space per guest room plus spaces for the principal dwelling unit Dwelling, apartment efficiency accessory 1 off-street parking space in addition to those required of the principal dwelling dwelling unit Dwelling, studio apartment 1 space per dwelling unit Section 4. 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. AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck - City Clerk - (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 55 Planning and Zoning Memorandum Meeting Date: March 4, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director RE: Election of Chair & Vice Chair Background and justification: Seward City code 2.30.210(B) states that "the Commission shall select a chair and vice chair annually." The Chair presides at the meetings and work sessions, and in the absence of the Chair, the Vice Chair fills in as the presiding officer. Below are guidelines that may be used for the election of the Chair and Vice Chair positions. VOTING & APPOINTING PROCEDURE 1. The Presiding Officer opens the floor for nominations of Chair. 2. Any commissioner, including the Presiding Officer, may nominate one or more commissioners for the position. 3. If only one nomination is received, a motion is made to close the nominations and cast a unanimous ballot for the chosen person. That motion will need a second and can be approved by unanimous consent (no roll call is necessary). 4. If more than one nomination is received, paper ballots will be distributed for each commissioner to sign and vote for a nominee, or else the commission may conduct a voice vote. It takes four affirmative votes to be appointed. Once the Chair is elected, the same procedure is repeated for the Vice Chair. 56