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Home My WebLink AboutPZ Res2025-009 Rezone 1604 Phoenix Rd - FAILEDSponsored 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 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. THE CITY OF SEWARD, ALASKA FAILED Carol Griswold, Chair AYES: None NOES: Pemberton, Hubbard, Charbonneau, Sullivan, Griswold ABSENT: Verhey, Hornseth ABSTAIN: None VACANT: None ATTEST: Kris Peck - City Clerk - (City Seal) 1 1 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, 72 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 maximum 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 maximum 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: 73 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)]. 74 200 feet Context Map 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 77 WASTEWATER DISPOSAL RES 2006-53 VACATE KPB NOTE : PLAT APPROVAL 0UCt O 4 _ z s 06.70•3e- a 281.s+1 S00' 9'J9 C 282.84' A 6= �5 5 4 ' a1 95 551 }a BAYWEW PLACE m 0 U CC U O 7 ce Found Reba, & N. Cap LS 3753 * k (01.3 zV mz n .eroa'.�• wl N 59:J8'02" W �k3; o" � ron�.'o.Vhh"6 zzzzzzzzz 3I333; F pt1Pi», v O M .. h a^ N b d A O: Y Wh0'hO- Ljx_.. �d°A RQb :n. rrk� is iiYI ^� 0 0 1, 1 z m Owh h h A '8a8o8888888 a� 'In .. ' n%i^Ni�. -1h^ryi. a u 03EUV0UVUVU 0 ua 3 a 0 m b 8 In In up H y 0 y 80 749.9g No•EN:LNK LaF 14-4 8 13-8 4' 2' 5-1 - 3'-2'-10" 4'-8" 4' 5' BEDROOM 13'-5" X 13'-6" BEDROOM 10'-11"X 11'-10" BEDROOM 13'-6" X 10'-11" DECK 11'-0" x r-11" • • 3'-5'--F 3' 2 LIVING AREA 15r15a FT Utility Area tt N GARAGE 43'-0" X 34-0" ILOILO 17-T GARAGE 24-0" X 23'-5" 10 16 4 40 3 7 1'-6" 10 64' 24 10 1, 6„ 82 HIGHEST RIDGE 25.3' r ' Ln TOP OF PLATE A MINN _ ■ 11.2' ' - co 'OP OF SUBFLO - 2ND FLOOR '' OR �v TOP OF PLATE c D �� c\ ,\_,\__,\ , \ ,\__,\_,\ , \ /\_,\__/\ , \ /\__,\_,\ , TOP OF S U B FLOO R 1ST FLOOR - \ , \ ,--\ , \ \ ,--\ ,--, , , \ ,--\ , ,--\ , \ , , 7 N 0' BOTTOM OF FOOTING j, •- 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' 84 85 86 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 88