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HomeMy WebLinkAbout05062025 Planning & Zoning PacketPlanning & Zoning Commission Meeting Packet Regular Meeting Tuesday, May 6, 2025 Council Chambers, City Hall 7: 00 p.m. 1963 1965 2005 kintual All-Amenca City 1 I I.. The City of Seward, Alaska PLANNING & ZONING COMMISSION MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones and devices during the meeting Chair Carol Griswold Vice Chair Brenan Hornseth Commissioner Nathaniel Charbonneau Commissioner Vanessa Verhey Commissioner Clare Sullivan Commissioner Rhonda Hubbard Commissioner June Pemberton 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Community Development Director Daniel Meuninck City Planner Courtney Bringhurst City Clerk Kris Peck May 6, 2025 at 7:00 p.m. 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 April 8, 2025 Planning & Zoning Commission Meeting Minutes 5 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 8. PUBLIC HEARINGS (Chair shall ask if any commissioner needs to declare a conflict of interest at this time. Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.) A. Resolutions Requiring Public Hearing Planning & Zoning Commission Meeting Agenda May 6, 2025 2 1) Resolution 2025-016 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending Kenai Peninsula Borough approval of the preliminary plat of 606 First Avenue vacating the interior lot lines of three adjacent lots and creating two new lots to be known as Lots 23A and 25A, Original Seward Townsite, Nilsson Replat 12 2) Resolution 2025-017 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council and Kenai Peninsula approval of the preliminary plat of 1000 Hemlock Avenue, 2500 Laurel Street, 2405 Seward Highway, and 2413 Seward Highway exchanging an equal portion of city -owned land with privately - owned land and vacating interior lot lines to create two new parcels to be known as Tracts 5B-1 and 5B-2, Forest Acres Subdivision, Seward Gateway Properties 24 3) Resolution 2025-018 of the Planning and Zoning Commission of the City of Seward, Alaska, granting a conditional use permit to Morning Star Ventures LLC to construct a 4-plex at 2018 Dunham Drive within a multi -family residential (R3) zoning district 42 *This is a quasi-judicial hearing. Commissioners may not discuss any items pertaining to this Resolution with the applicant, other commissioners, or the public. 9. UNFINISHED BUSINESS A. Resolutions - None 10. NEW BUSINESS A. Resolutions — None B. Other New Business 1) Building height discussion to review two Ordinance drafts and provide staff with a recommendation for which one the Commission would like to see at the June 3, 2025 meeting 59 2) Discuss work session topic for May 20, 2025. a. Parking 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Reminder of upcoming P&Z Meetings 1) Work session on Tuesday, May 20, 2025 at 6:00 pm in Council Chambers at City Hall. 2) Regular meeting on Tuesday, June 3, 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.) Planning & Zoning Commission Meeting Agenda May 6, 2025 3 13. ADMINISTRATION AND COMMISSION COMMENTS AND RESPONSES TO PUBLIC COMMENTS 14. EXECUTIVE SESSION - None 15. ADJOURNMENT Planning & Zoning Commission Meeting Agenda May 6, 2025 4 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes April 8, 2025 Volume 8, Page CALL TO ORDER The April 8, 2025, regular meeting of the Planning & Zoning Commission was called to order at 7:01 p.m. by Chair Carol Griswold. OPENING CEREMONY Commissioner Rhonda Hubbard led the Pledge of Allegiance to the flag. ROLL CALL There were present: Carol Griswold, presiding, and Brenan Hornseth Nathaniel Charbonneau Vanessa Verhey Rhonda Hubbard Clare Sullivan June Pemberton 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, Hornseth Absent — None Vacant — None CITIZEN COMMENTS ON ANY SUBJECT — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Sullivan) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approve March 4, 2025, Planning & Zoning Commission Meeting Minutes 5 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes April 8, 2025 Volume 8, Page SPECIAL ORDERS, PRESENTATION, AND REPORTS Proclamations and Awards — None City Administration Report Community Development Director Daniel Meuninck reminded everyone of the upcoming Comprehensive Plan Town Hall Workshops. He said a third -party facilitator will guide the workshops, and the surveys will remain open until May 31 st. He also announced that the Kenai Peninsula Borough's Safe Streets and Roads for All Safety Action Plan is open for public comment until April 30th. The Bureau of Land Management is also seeking input on revising the Iditarod National Historic Trail Management Plan. He added that the city is promoting e-notifications for more efficient communication on local projects and updates. Lastly, Meuninck shared some insights from his experience at the National Planning Conference in Denver. Seward had a theme of resiliency with geographical challenges and history of growth. Other Reports and Announcements — None Presentations - None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2025-013, of The Planning And Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to Tirebrand LLC To Operate an Auto Repair Shop at 801 Third Avenue Within an Auto Commercial (AC) Zoning District This is a quasi-judicial hearing. Commissioners may not discuss any items pertaining to this Resolution with the applicant, other commissioners, or the public. City Planner Courtney Bringhurst explained that property at 801 Third Avenue has traditionally been an auto service business. It was purchased by Tirebrand LLC in 2023. The business initially offered tire and lube services which are allowed in the area. This year, Tirebrand added mechanical repairs to their services, which requires a CUP for auto repair business. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened Chad Higgins, inside city limits, stated that he owned Tirebrand and bought property in an auto - commercial zone, expecting to run the Tirebrand automotive business without extra restrictions. He felt this CUP was unnecessary and should be removed. This process added costs and complications to his business. His business operates at a loss part of the year to provide a needed service in Seward, and he disagreed with this permit requirement. 6 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes April 8, 2025 Volume 8, Page Charbonneau wanted clarification on the lots north of the business which were used for parking cars. The business owner said the lots are owned by a business partner, Maverick LLC, but there was confusion about the exact ownership and usage. No one else appeared and the public hearing was closed. Motion (Charbonneau/Hubbard) Approve Resolution 2025-013 P&Z discussed the conditional use permit (CUP) for the business operating as an auto repair shop. They also discussed the parking and the different property boundaries and where Tirebrand parks the cars. The commissioners suggest that a formal parking agreement could clarify the situation. Griswold proposed an amendment to add a condition for this CUP that would state: the two adjacent parcels to the north, Parcels 14714015 and 14714006, are required to comply with SCC §15.10.215 Parking E.2. This amendment was discussed and then failed. Motion Passed Unanimous Resolution 2025-014, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council and Kenai Peninsula Borough approval of the preliminary plat of 204 Lowell Canyon Road and 206 Lowell Court, vacating the eastern portion of the Lowell Court right-of-way and vacating the southern 10' of the property located at 204 Lowell Canyon Road Motion (Charbonneau/Hubbard) Approve Resolution 2025-014 Bringhurst referenced the 2023 Municipal Lands Inventory and Management Plan, and how the commission recommended vacating the 50-foot right-of-way and the southern 10 feet of 204 Lowell Canyon Road. She explained how this would benefit residential development and the landowners. 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. The commission discussed building a home or structure, easements and setbacks, and what was considered enough space for good-sized property. The goal was to make the land more useful and easier to sell. They discussed the right-of-way and how it will be split between the landowners. Administration handed out a laydown from the AK Lands Surveying company for added clarification. Resolution 2025-014 was amended to incorporate the AK Lands April 8, 2025 letter to replace the AK Lands October 18, 2024 letter in the packet backup materials. Motion as Amended Passed Unanimous City of Seward, Alaska Planning & Zoning Commission Meeting Minutes April 8, 2025 Volume 8, Page Resolution 2025-015, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council and Kenai Peninsula Borough approval of the preliminary plat of 1312 Vista Avenue, 1305 First Avenue, 1303 First Avenue, 104 Mill Street, 112 Mill Street, and 1303 Chamberlin Road, vacating a portion of First Avenue right-of-way and alleyway rights -of - way and combining the six lots and vacated rights -of -way into one tract of land Motion (Charbonneau/Sullivan) Approve Resolution 2025-015 Bringhurst explained how the six lots are located west of the lagoon and are owned by three related people. She shared that the Community Development staff and Public Works Director made recommendations to create this preliminary plat to remove the right-of-way, which would give the owners full access to their property. She explained how it would help plan for utilities and future development. Land Surveyor Stacey Wessel explained how vacating both rights -of -way was considered and how the city has already supported vacating the alley right-of-way. This would allow the property owners to develop the land for housing and utilities. She felt it was an important step in making the land usable. 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. The commission discussed removing the alleyway and part of First Avenue to make it easier for property owners to develop their land and that it would help both landowners and the overall area design. Approving the plat would help with housing development which was a main goal in the comprehensive plan. Motion Passed UNFINISHED BUSINESS Resolutions Unanimous 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 from a Two -Family (R2) zoning district to an Auto Commercial (AC) zoning district. [This is a quasi -legislative hearing. Commissioners may discuss items pertaining to this Resolution. This item was postponed until the March 4, 2025 meeting so the applicant and more commissioners could be present.] Bringhurst explained that Jacob Bridges owns 1604 Phoenix Road, a 27-acre property, and had requested a rezoning from two-family residential to auto -commercial. Since the property just west of 1604 Phoenix Road is already auto commercial, the rezoning would make the property 8 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes April 8, 2025 Volume 8, Page contiguous with the existing zoning district. It was important to note that approving the rezoning would not approve the proposed uses; they are just examples for context and reasoning for the rezone. Jacob Bridges, outside city limits, explained that his main reason for requesting the rezoning was to create a multi -use property —renting out two duplexes while using the attached shop space for personal use. He also requested flexibility on the western property line as well, seeking a 15-foot setback instead of the 20-foot setback allowed for residential zoning (R2), which would be permitted under the auto -commercial zoning. Jennifer Carr, inside city limits, lives at 203 and 204 Resurrection Blvd, and has moved there as it was a residential area and believes the city needs to be protective of its residential areas and does not think that this is a good place for a business. No one else appeared and the public hearing was closed Motion (Charbonneau/Sullivan) Approve Resolution 2025-009 P&Z discussed the concerns about rezoning the property from residential (R2) to auto -commercial (AC). Some commissioners questioned whether the change would fit with the surrounding area. Rezoning could lead to a more commercial development nearby which would increase traffic and disrupt the neighborhood. Motion Failed NEW BUSINESS - None INFORMATIONAL ITEMS AND REPORTS Reminder of upcoming P&Z Meetings Unanimous Canceled work session on Tuesday, April 22, 2025, in lieu of Comprehensive Plan Town Hall meetings (see below). Regular meeting on Tuesday, May 6, 2025, at 7:00 pm in Council Chambers at City Hall. Other Items Comprehensive Town Hall workshops (for inside an outside city limits) - Tuesday, April 22nd, 2025, at 5:30pm at the K.M Rae Building and Wednesday, April 23rd, 2025, at 5:30pm at the Bear Creek Fire Station and Thursday, April 24th, 2025, at 5:30pm at the Seward High School library. 9 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes April 8, 2025 Volume 8, Page CITIZEN COMMENTS Robbie Williams and Travis Mau, outside city limits, own property at 2405 Seward Highway near the snow dump. Mau has 40 years of experience in construction and development and Williams works in real estate assessment. They discussed building heights and how building developments for housing would be more efficient for land use and utilities. With high building costs, increasing the height to four stories makes financial sense, as it's more cost-effective when construction expenses are already high. Robbie spoke from a builder's perspective, the difference between 35 feet and 48 feet would not be noticeable. They also appreciate the idea of their property being entrance to Seward and want to make the most of this prime spot. BOARD AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Meuninck stated how the city manager suggested the building height discussion and it would be best to have a recommendation for the council by early summer. He'tated another work session on the building height topic could be arranged if needed. Brown spoke to how she emailed the person in charge of the Seward Folly newspaper and asked them to include the Comprehensive Plan workshop information in the next issue. Kurtz announced the Kenai Peninsula Borough Assembly meeting that will be held at the library conference room next Tuesday. Everyone is welcome to attend, and the assembly will be acknowledging all the Seward Seahawks state champions. Charbonneau thanked the public for coming out and for all the city administration's hard work. Hubbard thanked everyone for a good meeting and a packed agenda. She thanked everyone that came to speak and appreciated staff. She thanked all the commissioners for their time and energy. Pemberton thanked everyone for attending and to everyone who came out. Sullivan thought the packets were amazing and made it easy to digest the information and make a sound decision. She appreciated Clara Brown for her hard work and responding quickly to emails. She also thanked the commissioners for continuing to learn and move forward for the best of Seward. Griswold thought tonight's agenda was a whopper and it covered a lot of different topics. She thanked the administration and appreciated the work session presentation on road safety and appreciated Stacy Wessel with AK Land Surveying. 10 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes April 8, 2025 Volume 8, Page ADJOURNMENT The meeting was adjourned at 8:56 p.m. Jodi Kurtz Carol Griswold Deputy City Clerk Chair (City Seal) 11 Planning and Zoning Agenda Statement Meeting Date: May 6, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2025-016, of the Planning and Zoning Commission of the City of Seward, Alaska, recommending Kenai Peninsula Borough approval of the preliminary plat of 606 First Avenue vacating the interior lot lines of three adjacent lots and creating two new lots to be known as Lots 23A and 25A, Original Seward Townsite, Nilsson Replat Background and justification: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Mats and Binget Nilsson for their property located at 606 First Avenue. The proposed plat is subdividing the North 1 foot of the West 1/2 of Lot 22 and Lot 23 excluding the South 1 foot of the East'/2 and all of Lots 24 and 25, Block 40, Original Townsite of Seward, creating Lots 23A and 25A, Block 40, Original Seward Townsite, Nilsson Replat. The preliminary plat will vacate the interior lot lines of three adjacent 3,000 square foot lots and create two new 4,500 square foot lots. Proposed Lot 23A has an existing one-story home constructed on it. The building is a non -conforming structure due to an insufficient front setback and south side yard setback. Neither of these non -conformities can be corrected with this plat. There is adequate space for the north side yard setback to meet the required 5-foot minimum. Lot 25A is vacant except for a small greenhouse which encroaches into Lot 23A. The greenhouse was not included in the as -built survey since the property owner has plans to remove the greenhouse. No structure may be built on Lot 25A until the greenhouse has been removed. Seward City Code § 16.01.015(A) states that "No preliminary or final plat for the subdivision or resubdivision of land located within the city limits shall be approved by the city unless all of the required improvements set forth in section 16.05.010 are provided for by the subdivider, owner, proprietor or developer in the manner described in sections 16.05.015." The proposed plat has access to developed rights -of -way and city water, sewer, and electricity. Thus, a subdivision agreement will not be required with this plat. All conditions required by Seward City Code §16.01.015(C), Conditions to plat approval, were met. The property owners within 300 feet of the requested preliminary plat were notified of the proposed subdivision, and the property was posted with public notice signage. In accordance with City and Borough requirements, the Seward Planning and Zoning Commission must review and comment on a preliminary plat before submittal to the Kenai Peninsula Borough Planning Commission for approval. [SCC 16.01.040] 12 Subdivision Review: Zoning: The property is currently zoned single-family residential (R 1). Size: Lot 23A will be 4,500 square feet, and Lot 25A will be 4,500 square feet. Utilities: Both lots have access to city water, sewer, and electricity Existing Use: Lot 23A has a one-story residence constructed on it, and Lot 25A is currently vacant except for a small greenhouse which encroaches onto Lot 23A. Access: Both lots have access to First Avenue. Flood Zone: The property is not located within a FEMA-mapped floodplain. 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." Strategic Plan: N/A Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication, the Community Development Department has 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. 13 If the Commission finds the proposed preliminary plat meets the requirements in Seward City Code Titles 15 and 16, they will recommend approval to the Kenai Peninsula Borough Planning Commission. 14 Sponsored by: Applicant Public Hearing: May 6, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-016 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF 606 FIRST AVENUE VACATING THE INTERIOR LOT LINES OF THREE ADJACENT LOTS AND CREATING TWO NEW LOTS TO BE KNOWN AS LOTS 23A AND 25A, ORIGINAL SEWARD TOWNSITE, NILSSON REPLAT WHEREAS, Mats and Binget Nilsson have submitted a preliminary plat to the Seward Planning and Zoning Commission for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the proposed plat is a subdivision of the North 1 foot of the West 1/2 of Lot 22 and Lot 23 excluding the South 1 foot of the East'/2 and all of Lots 24 and 25, Block 40, Original Townsite of Seward, creating Lots 23A and 25A, Block 40, Original Seward Townsite, Nilsson Replat; and WHEREAS, the preliminary plat vacates the interior lot lines of three adjacent 3,000 square foot lots and creates two 4,500 square foot lots; and WHEREAS, the lots are zoned single-family residential (R1); and WHEREAS, Lot 23A has an existing one-story home and is a non -conforming structure due to inadequate front and south side yard setbacks; and WHEREAS, the preliminary plat cannot address these non -conformities, but the 4,500 square foot lot size allows for adequate space for the north side yard setback to meet the required 5-foot minimum; and WHEREAS, Lot 25A is vacant except for a small greenhouse that encroaches into Lot 23A; and WHEREAS, the greenhouse was not included in the As -Built survey because the property owner has plans to remove it; and WHEREAS, the size of proposed Lots 23A and 25A meets the required minimum lot size and lot width for the single-family residential zoning district; and WHEREAS, according to the Kenai Peninsula Borough Floodplain map, neither lots are within a FEMA-mapped flood zone; and 15 CITY OF SEWARD, ALASKA RESOLUTION 2025-016 WHEREAS, both lots have access to city water, sewer, and electricity; and WHEREAS, both lots have access to First Avenue; and WHEREAS, a subdivision agreement will not be required with this plat; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals within the City of Seward. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The Commission hereby recommends that in accordance with Seward City Code Section 16.01.015 (B), the Kenai Peninsula Borough approve the submittal of the preliminary plat of the North 1 foot of the West '/2 of Lot 22 and Lot 23 excluding the South 1 foot of the East 1/2 and all of Lots 24 and 25, Block 40, Original Townsite of Seward, creating Lots 23A and 25A, Block 40, Original Seward Townsite, Nilsson Replat Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6th day of May, 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck - City Clerk - (City Seal) THE CITY OF SEWARD, ALASKA Carol Griswold, Chair 16 razz i in MEMO Context Map ARATHON I�TRAIL 100 feet Preliminary Plat Application Property Map RES 2025-016 - Vacating the interior lot lines of three adjacent lots and creating two lots to be known as, Lots 23A and 25A, Original Seward Townsite, Nilsson Replat Location: 606 First Avenue Parcel #: 14806003 17 Community Development/Planning & Zoning 410 Adams Street, Seward, Alaska 99664 •(907) 224-4049 • (907) 224-4020 or email: planning@cityofsaward.net PRELIMINARY PLAT SUBMITTAL FORM ❑✓PRELIMINARY PLAT El REVISED PRELIMINARY PLAT (no fee required) PHASED PRELIMINARY PLAT❑PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed. Original Seward Topwnsite Nilsson Addition PROPERTY INFORMATION: Legal DescriptionSee Attached Section, Township, Range Section 10, Townsite 1 South, Range 1 West General area description East side of 1st Avenue, North of Monroe St, South of A Street City Seward Total Acreage 0.210 SURVEYOR Company: Kenneth G. Lang PLS Mailing Address: 1731 George Bell Circle Phone: 907 351-9110 Contact Person: Ken Lang City, State, zip Anchorage, AK 99515 e-mail: keno Iangsurvey.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER❑ on site El City WATERElon siteLICity SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planning and Zoning meeting after a complete application has been received. O Electronic file of Plat and ▪ Preliminary plat NON-REFUNDABLE submittal fee $200.00 + $14.00 Tax = $214.00 Certificate to plat for ALL parcels included in the subdivision ▪ Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) ❑ Public Notice Sign(s) Posted on property - City staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 1. 2. 3. APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individuals) signing. Contact KPB staff for clarification if needed. OWNERS) Name (printed): Mats Stefan Nilsson Phone: 907 422-7001 Name (printed): Binget Sue Nilsson Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONL Y RECEIVED BY DATE SUBITTED Receipt # The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall dearly show the following: 1. Within the title block: Not applicable to my plat. The required information has been shown/noted. a, Name of the subdivision which shall not be the same as an existing city, town, tract, or subdivision of land in the borough, of which a plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion; b. Legal description, location, date, and total area in acres of the proposed subdivision; and J c. Name and address of owner(s), as shown on the KP8 records and the certificate to plat, and registered land surveyor; / d 2. North point; 1 v 3. The location, width and name of existing or platted streets and public ways, railroad rights -of -way, and other important features such as section lines or political subdivisions or municipal corporation boundaries abutting the subdivision; 4. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation, township and range, section lines, roads, political boundaries, and prominent natural and manmade features, such as shorelines or streams; f Y/ 5. All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purposes, conditions, or limitations of reservations that could affect the subdivision; 6. The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision; 7. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the adjacent land is not subdivided; / �/ 8. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if applicable; J 9. Approximate locations of areas subject to tidal inundation and the mean high water line; / ✓ 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; 11. The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto 12. Contours al suitable intervals when any roads are to be dedicated unless the planning director or commission finds evidence that road grades will not exceed 6 percent on arterial streets, and 10 percent on other streets; 13. Approximate locations of slopes over 20 percent in grade and if contours are shown, the areas of the contours that exceed 20 percent grade shall be clearly labeled as such; / ' 14. Apparent encroachments, with a statement indicating how the encroachments will be resolved prior to final plat approval Subdivision Name: S i a.'t �S� V W LJ'o Date v°h 1.5 m z m U) tn tn 40 0' l— Lot 26 100.0' H n Lot 25A 4,500 s.f. 0 EXISTING LOT LINES 100.0' Lot 23A 4,500 s.f. 2.0 50.0' 50.0' Lot 22 Lot 21 WASTEWATER DISPOSAL Plans for wastewater disposal that meet regulatory requirements are on file at the Department of Environmental Conservation. NOTES 1) The front 10' adjoining rights -of -way are designated utility easements as granted by this plat. 2) Na permanent structure shall be constructed or placed within a utility easement which would interfere with the ability of a utility to use the easement. SURVEYOR'S CERTIFICATE I hereby certify that I am properly registered and licensed to practice land surveying In the State of Alaska. This plat represente a eurvey made by me or under my direct supervision, the monuments ehown hereon actually exist as described, and all dimenelone and other details are correct to the normal standards of practice of land surveyors in the State of Alaska PLAT APPROVAL Plat approved by the Kenai Peninsula Borough Planning Commtsion at the meeting of Borough Official 0 0 i 20.0' I I eiLIZ in CERTIFICATE OF OWNERSHIP AND DEDICATION We hereby certify that we, MATS STEFAN PATRIK NILSSON & BINGET SUE NILSSON, are the owners of the real property shown and described hereon and that we, hereby adopt lhls plan of subdivision and by our free consent dedicate all rights -of -ways and public areas to public use and grant all easements to the use shown. Owner MATS STEFAN PATRIK NILSSON & BINGET SUE NILSSON P.O. Box 529 Seward, AK 99664 Notary Acknowledgement for Acknowledged before me this day of Notary Public for the State of Alaska My Commission Expires Vicinity Map Scale: 1" = 1 Mile ris 4 — THIS PLAT 9 18 r1S 2 OT 11 15 14 PLAT OF ORIGINAL SEWARD TOWNSITE NILSSON REPLAT Lots 23A & 25A, Block 40 - CONTAINING 0.210 Acres A RESUBDIMISION Or N 1' of the W 1/2 Lot 22. Lot 23, EXCEPTING THE SOUTH 1' of the E 1/2, Lot 24, A: Lot 25 Bloak 40 ORIGINAL SEWARD TOMMSMTE (Plea No. I) LOCATED IN THE CITY OF SEWARD, WITHIN THE NW 1/4, SECTION 10, T1S, R1W, SEWARD MERIDIAN, ALASKA KENAI PENINSULA BOROUGH SEWARD RECORDING DISTRICT Kenneth G. Lang Professional Land Surveyor 1731 George Bell Circle Anchorage, Alaska 99515 (907) 351-9110 kenOlengsurvey.cam Owners MATS STEFAN PATRIK NILSSON & BINGET SUE NILSSON P.O. Box 529 Seward, AK 99864 GRID: N/A SCALE: 1" = 30' DRAWN: JCL SHEET 1 OF' 1 JOB FILE: K24018pp.dwg DATE: 27 MARCH 2025 PROJECT #: 24-018 KPB FILE No. 20 0 0 4.9 3.1 ZI,a t-H'rJCL 3. w 2M,3 to47 50,ob 5 °oo eat-kea Lcs LGl�n,tp 010.5 .4 FT 4o4 1-„52/z4 ,4 vac i 't7. LAST' L.67 L.yA L4 e:13•CLT :rere droL>J7k4 t ‘t-i01,7 tit L•s �L�1C-zlr4AR- PLOT PLAN AS BUILT X SCALE Kenneth G. Lang Professional Land Surveyor a la 0 GRID 45 ` '� Project No 1731 George. Bell Circle Anchorage, Alaska 99515 (907) 522-6476 kenOlangsurvey.com ! hereby certify that I have surveyed the following described properly: rL \11`Y t uYt-L . Recording Recording District, Alaska, and that the improvements situated thereon are within the property lines and do not encroach onto the property adjacent thereto, that no improvements on the property lying adjacent thereto encroach on the surveyed premises and that there are no roadways, transmission lines or other visible eaeernents on said property except as indicated hereon. Dated this the 4S Day ofPr�?"vrc2-- , at Anchorage, Alaska It ie the responsibility of the owner to determine the ex1stenbb of any easements, covenants. or restrictions which do not annear on the recorded subdivision slat. aFgL , .4918 KEN 000a CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE o t-cti , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on m 1 } 2c 1 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Original Townsite of Seward, The North 1 ft of the West"/2 of Lot 22 and Lot 23 Excluding the South 1 ft of the East V2 and all of Lots 24 & 25, Block 40; Located at 606 First Avenue as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this 10 day of 2025. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, r NIA , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 for the property located at Original Townsite of Seward, The North 1 ft of the West'/2 of Lot 22 and Lot 23 Excluding the South 1 ft of the East'/z and all of Lots 24 & 25, Block 40; physical address 606 First Avenue the owners of which have petitioned for a Public Hearing to replat the above named property, vacating the interior lot lines to create two new parcels to be known as Lots 23A & 25A, Block 40, Original Townsite of Seward, Nilsson Replat. The notice was posted on =� 1 22, 2._O2` , which is /3 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 22 day of Signature 23 Planning and Zoning Agenda Statement Meeting Date: May 6, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2025-017 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council and Kenai Peninsula approval of the preliminary plat of 1000 Hemlock Avenue, 2500 Laurel Street, 2405 Seward Highway, and 2413 Seward Highway exchanging an equal portion of city -owned land with privately -owned land and vacating interior lot lines to create two new parcels to be known as Tracts 5B-1 and 5B-2, Forest Acres Subdivision, Seward Gateway Properties Background and justification: Attached for the Commission's review and recommendation to the Seward City Council and Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by AK Lands, Land Surveying LLC on behalf of the City of Seward. The proposed plat will subdivide Fort Raymond Subdivision, Lot 13; Forest Acres Subdivision Levee Replat, Tract 5B and Lot B1; and that portion of US Survey No. 149 described as Parcel Number 2; creating Tract 5B-1 and Tract 5B-2, Forest Acres Subdivision, Seward Gateway Properties. On August 12, 2024, Seward City Council approved Resolution 2024-041 authorizing the City Manager to negotiate a land swap for a portion of city property located at 1000 Hemlock Avenue in exchange for a portion of private property located at 2405 Seward Highway. This preliminary plat is the result of those negotiations and shows the new boundaries of the city -owned property, Tract 5B-1, and the privately -owned property, Tract 5B-2. Seward City Code § 16.01.015(A) states that "No preliminary or final plat for the subdivision or resubdivision of land located within the city limits shall be approved by the city unless all of the required improvements set forth in section 16.05.010 are provided for by the subdivider, owner, proprietor or developer in the manner described in sections 16.05.015." The proposed plat has access to developed rights -of -way and electricity, but not city water or sewer. Thus, a subdivision agreement will be required with this plat. All conditions required by Seward City Code §16.01.015(C), Conditions to plat approval, were met. The property owners within 300 feet of the requested preliminary plat were notified of the proposed subdivision, and the property was posted with public notice signage. In accordance with City and Borough requirements, the Seward City Council and Planning and Zoning Commission must review and comment on a preliminary plat of city -owned land before submittal to the Borough for approval. 24 Subdivision Review: Zonin': 1000 Hemlock Avenue is zoned Institutional (I), 2500 Laurel Street is zoned Resource Management (RM), 2405 Seward Highway is zoned Auto Commercial (AC), and 2413 Seward Highway is zoned Auto Commercial (AC). The segmented zoning created by the preliminary plat will be corrected in a future Resolution. Size: Tract 5B-1 will be 8.083 acres and Tract 5B-2 will be 5.716 acres. Tract 5B-1 is 5,755 square feet (0.13 acres) smaller than the combined acreage of the two city -owned properties on 1000 Hemlock Avenue and 2500 Laurel Street because an additional 20' of right-of-way is being dedicated to Juniper Street. Utilities: Both Tracts have access to city electricity, but not water or sewer. Existink Use: Tract 5B-1 is vacant, but is utilized as the city snow dump. Tract 5B-2 is vacant. Access: Tract 5B-1 has access to Hemlock Avenue and Juniper Street. Tract 5B-2 has access to the Seward Highway and Hemlock Avenue. Flood Zone: All of Tract 5B-1 and the southwest end and northwest corner of Tract 5B-2 are located within the FEMA-mapped AE flood zone. The AE flood zone is a high -risk flood zone, meaning it has a 1% annual chance of flooding, or a 26% chance over a 30-year mortgage. Construction in these areas will require a floodplain permit. 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 • "Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values." Strategic Plan: N/A Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X 25 Public Comment Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication the Community Development Department has 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 The Commission will recommend approval to the Kenai Peninsula Borough Planning Commission if they find the proposed preliminary plat meets the requirements in Seward City Code Title 15 and 16. 26 Sponsored by: Applicant Public Hearing: May 6, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-017 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING SEWARD CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF 1000 HEMLOCK AVENUE, 2500 LAUREL STREET, 2405 SEWARD HIGHWAY, AND 2413 SEWARD HIGHWAY EXCHANGING AN EQUAL PORTION OF CITY -OWNED LAND WITH PRIVATELY -OWNED LAND AND VACATING INTERIOR LOT LINES TO CREATE TWO NEW PARCELS TO BE KNOWN AS TRACTS 5B-1 AND 5B-2, FOREST ACRES SUBDIVISION, SEWARD GATEWAY PROPERTIES WHEREAS, AK Lands, Land Surveying LLC has submitted a preliminary plat on behalf of the City of Seward for review and recommendation to the Seward City Council and Kenai Peninsula Borough; and WHEREAS, the proposed plat is a subdivision of Lot 13, Fort Raymond Subdivision; Tract 5B, Forest Acres Subdivision Levee Replat; Lot B 1, Forest Acres Subdivision Levee Replat; and that portion of US Survey No. 149 described as parcel number 2; creating Tract 5B-1 and Tract 5B-2, Forest Acres Subdivision, Seward Gateway Properties; and WHEREAS, on August 12, 2024, the Seward City Council approved Resolution 2024-041 authorizing the City Manager to negotiate a land swap for a portion of city property located at 1000 Hemlock Avenue in exchange for a portion of private property located at 2405 Seward Highway; and WHEREAS, Tract 5B-1 will remain city -owned land and Tract 5B-2 will be privately owned; and WHEREAS, Tract 5B-1 will be 8.083 acres; and WHEREAS, Tract 5B-2 will be 5.716 acres; and WHEREAS, Tract 5B-1 will be 5,755 square feet (0.13 acres) smaller than the combined acreage of the two city -owned properties on 1000 Hemlock Avenue and 2500 Laurel Street because a 20' wide portion of land adjacent to Juniper Street, which had previously been dedicated as an access easement, is now being dedicated as right-of-way; and WHEREAS, 1000 Hemlock Avenue is zoned Institutional (I) and 2500 Laurel Street is zoned Resource Management (RM); and WHEREAS, 2405 & 2413 Seward Highway are zoned Auto Commercial (AC); 27 CITY OF SEWARD, ALASKA RESOLUTION 2025-017 WHEREAS, the segmented zoning created by the preliminary plat will be corrected in a future Resolution; and WHEREAS, according to the Kenai Peninsula Borough Floodplain map, all of Tract 5B- 1 and the southwest end and northwest corner of Tract 5B-2 are located within the FEMA-mapped AE flood zone; and WHEREAS, development within these areas will require a floodplain permit; and WHEREAS, both Tracts have access to city electricity but not water or sewer; and WHEREAS, Tract 5B-1 has access to Hemlock Avenue and Tract 5B-2 has access to the Seward Highway and Hemlock Avenue; and WHEREAS, a subdivision agreement will be required with this plat to address the installation of water and sewer lines to the property; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals within the City of Seward. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The Commission hereby recommends that in accordance with Seward City Code Section 16.01.015 (B), the Seward City Council and Kenai Peninsula Borough approve the submittal of the preliminary plat of Lot 13, Fort Raymond Subdivision; Tract 5B, Forest Acres Subdivision Levee Replat; Lot B 1, Forest Acres Subdivision Levee Replat; and that portion of US Survey No. 149 described as parcel number 2; creating Tract 5B-1 and Tract 5B-2, Forest Acres Subdivision, Seward Gateway Properties Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6t' day of May, 2025. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair 28 CITY OF SEWARD, ALASKA RESOLUTION 2025-017 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 29 Context Map AIRPORT Preliminary Plat Application Property Map RES 2025-017 - Exchanging an equal portion of city -owned land with privately -owned land and vacating interior lot lines to create two new parcels to be known as Tracts 5B-1 and 5B-2, Forest Acres Subdivision, Seward Gateway Properties Location: 1000 Hemlock Ave, 2500 Laurel St, 2405 & 2413 Seward Hwy Parcel #: 14502601, 14502142, 14502133, 14502140 30 Community Development/Planning & Zoning 410 Adams Street, Seward, Alaska 99664 • (907) 224-4049 • (907) 224-4020 or email: planning@cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM []✓PRELIMINARY PLAT REVISED PRELIMINARY PLAT (no fee required) PHASED PRELIMINARY PLAID PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed. Forest Acres Subdivision -Seward Gateway Properties PROPERTY INFORMATION: Legal DescriptionSee attached Sheet Section, Township, Range The E1/2 OF SEC. 34, Ti N, R1 W, S.M., AK General area description South of Resurrection River City Seward Total Acreage 13.799 SURVEYOR company: AK Lands, Land Surveying Contact Person: Stacy Wessel Mailing Address: PO Box 110485 City, State, Zip Anchorage, AK 99511 Phone: (907) 744-LAND a -mail: stacyLa'>>aklands.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER on siteCity WATERnon siteCity SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planning and Zoning meeting after a complete application has been received. ['Electronic file of Plat and Preliminary plat NON-REFUNDABLE submittal fee $200.00 + $14.00 Tax= $214.00 ['Certificate to plat for ALL parcels included in the subdivision QDocumentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) ❑ Public Notice Sign(s) Posted on property - City staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 1. 2. KPB 20.30.120 3. APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individual(s) signing. Contact KPB staff for clarification if needed. OWNER(s) Name (printed): Stacy Wessel Signature: i�oeaa� Phone: (90) 744-LAND (5263) e-mail: stacyAaklands.com Name (printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED Receipt # 31 The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the following: 1. Within the title block: Not applicable to my plat. The required information has been shown/noted. a. Name of the subdivision which shall not be the same as an existing city, town, tract, or subdivision of land in the borough, of which a plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion; b. Legal description, location, date, and total area in acres of the proposed subdivision; and 1]10°' c. Name and address of owner(s), as shown on the KPB records and the certificate to plat, and registered land surveyor; Vv 2. North point; 3. The location, width and name of existing or platted streets and public ways, railroad rights -of -way, and other important features such as section lines or political subdivisions or municipal corporation boundaries abutting the subdivision; V." 4. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation, township and range, section lines, roads, political boundaries, and prominent natural and manmade features, such as shorelines or streams; 5. All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purposes, conditions, or limitations of reservations that could affect the subdivision; 6. The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision; 7. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the adjacent land is not subdivided; t 8. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if applicable; 9. Approximate locations of areas subject to tidal inundation and the mean high water line; 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; f V 11. The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto , %- 12, Contours at suitable intervals when any roads are to be dedicated unless the planning director or commission finds evidence that road grades will not exceed 6 percent on arterial streets, and 10 percent on other streets; 13. Approximate locations of slopes over 20 percent in grade and if contours are shown, the areas of the contours that exceed 20 percent grade shall be clearly labeled as such: 14. Apparent encroachments, with a statement indicating how the encroachments will be resolved prior to final plat approval Subdivision Name: Otf 'SSA ft-C..if e S StAiod Ski L rx3 Date ((ikAN DS Land Surveying April 7, 2025 City of Seward and Kenai Peninsula Borough Subject: Forest Acres Subdivision — Letter of Authorization To Whom It May Concern: PO Box 110485 Anchorage, AK 99515 (907} 744-LAND aklands@aklands.com http://aklands.com I, Doug Schoessler, am the authorized agent for Lot 13, Fort Raymond Subdivision, Plat 86-10 and Lot B1, Forest Acres Subdivision Levee Replat, Plat 2012-17. I hereby authorize AK Lands, Land Surveying LLC to represent me before the City of Seward and the Kenai Peninsula Borough for all matters related to the platting action, including any necessary KPB Exceptions to code, Right -of -Way dedication, and all related activities. Doug Schoessler Name Doug Sc oessler (Apr 24, 2025 08:37 AKDT) 04/24/25 Signature Date 1 of 1 33 AK LAN DS — Lond Surveying — April 9, 2025 City of Seward and Kenai Peninsula Borough Subject: Forest Acres Subdivision — Letter of Authorization PO Box 110485 Anchorage, AK 99515 (907) 744-LAND aklands@aklands.com http://aklands.com To Whom It May Concern: I, , am the owner (or authorized agent) of Lot B1, Forest Acres Subdivision, Levee Replat, and the unsubdivided portion of U.S. Survey No. 149, described as Parcel No. 2 per the Warranty Deed recorded on September 19, 2022, at Serial No. 2022-000966-0. 1 hereby authorize AK Lands, Land Surveying LLC to represent me before the City of Seward and the Kenai Peninsula Borough for all matters related to the platting action, including any necessary KPB Exceptions to code, Right -of -Way dedication, and all related activities. Aeti47- aJ//tf41?k( Name Signature Date 1 of 1 34 kANDS — Land Surveying April 9, 2025 City of Seward and Kenai Peninsula Borough Subject: Forest Acres Subdivision — Letter of Authorization PO Box 110485 Anchorage, AK 99515 (907) 744-LAND aklands@aklands.com http://aklands.com To Whom It May Concern: I, , am the owner (or authorized agent) of Lot B1, Forest Acres Subdivision, Levee Replat, and the unsubdivided portion of U.S. Survey No. 149, described as Parcel No. 2 per the Warranty Deed recorded on September 19, 2022, at Serial No. 2022-000966-0. I hereby authorize AK Lands, Land Surveying LLC to represent me before the City of Seward and the Kenai Peninsula Borough for all matters related to the platting action, including any necessary KPB Exceptions to code, Right -of -Way dedication, and all related activities. -zs Signature Date 1 of 1 35 CERTIFICATE OF OWNERSHIP AND DEDICATION I HEREBY CERTIFY THAT THE CITY OF SEWARD IS THE OWNER OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND THAT I ON BEHALF OF THE CITY OF SEWARD HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RIGHTS -OF -WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. OWNER OF LOT 13, FORT RAYMOND SUB. AND TRACT 5B, FOREST ACRES SUB. LEVEE REPLAT CITY OF SEWARD 410 ADAMS STREET CITY HALL BUILDING SEWARD, AK 99664 AUTHORIZED OFFICIAL SIGNATURE DATE TITLE PRINTED NAME NOTARY'S ACKNOWLEDGMENT FOR: ACKNOWLEDGED BEFORE ME THIS NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES: DAY OF 2025. CERTIFICATE OF OWNERSHIP AND DEDICATION I HEREBY CERTIFY THAT THE CITY OF SEWARD IS THE OWNER OF THE REAL PROPERTY SHOWN AND DESCRIBED HEREON AND THAT I ON BEHALF OF THE CITY OF SEWARD HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RIGHTS -OF -WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE SHOWN. OWNER OF THAT UNSUBDIVIDED PORTION OF US SURVEY NO. 149 AND LOT B1, FOREST ACRES SUB. LEVEE REPLAT TRAVIS E MAURER 4301 REID DR. NW GIG HARBOR, WA 98335 AUTHORIZED OFFICIAL SIGNATURE DATE TITLE NOTARY'S ACKNOWLEDGMENT FOR: ACKNOWLEDGED BEFORE ME THIS NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES: PRINTED NAME CERTIFICATE OF ACCEPTANCE DAY OF 2025. THE UNDERSIGNED OFFICIAL IDENTIFIED BY NAME AND TITLE IS AUTHORIZED TO ACCEPT AND HEREBY ACCEPTS ON BEHALF OF THE CITY OF SEWARD FOR PUBLIC USES AND FOR PUBLIC PURPOSES THE REAL PROPERTY TO BE DEDICATED BY THIS PLAT INCLUDING EASEMENTS, RIGHTS -OF -WAY, ALLEYS, AND OTHER PUBLIC AREAS SHOWN ON THIS PLAT IDENTIFIED AS FOLLOWS: THE ACCEPTANCE OF LANDS FOR PUBLIC USE OR PUBLIC PURPOSE DOES NOT OBLIGATE THE PUBLIC OR ANY GOVERNING BODY TO CONSTRUCT, OPERATE, OR MAINTAIN IMPROVEMENTS. AUTHORIZED OFFICIAL SIGNATURE DATE TITLE PRINTED NAME PLAT APPROVAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF KENAI PENINSULA BOROUGH AUTHORIZED OFFICAL SIGNATURE GG FOREST ACRES SUB. PLAT NO. SW17 1 TRACT 5C FOREST ACRES SUB. / LEVEE REPLAT PLAT NO. 2012-17 1 FF1 / FF2 FOREST ACRES SUB. COX ADDITION PLAT NO. SW96-22 [RURAL RESIDENTIAL] 1 EE-1 EE-2 1 FOREST ACRES SUB. WILLIAMS ADDITION PLAT NO. SW84-14 1 DD FOREST ACRES SUB. PLAT NO. SW17 CC-1 RESUBDIVISION OF FOREST ACRES SUB. PLAT NO. SW76-6 \ CC-2 \ I LEGEND 50' 13 s M1 Ij a cc I r C4 C2 USS 242 USS 149 O LOT 11A1 FORT RAYMOND SUB. REPLAT NO. 4 PLAT NO. 2016-4 50' 1 NN [PARK] PP [MOLTl 00 T [RESOURCE MANAGEMENT] TRACT 5C FOREST ACRES SUB. LEVEE REPLAT PLAT NO. 2012-17 FAMILY RESIDENTIAL] XX FOREST ACRES SUB. PLAT NO. SW17 CD- l-7 l L BJ N\Q�� 3p6��' nA N6 u ki 00 0? N W 60 o o) o 0 0� 00 zz 50' (R1 &C) 45' PUBLIC USE ACCESS ESMT SERIAL NO. 2024-000535-0 RIGHT OF WAY DEDICATION 5,755 SQ.FT. 297 26, N75°47'101' • \5°47'4j„768 6g18%' (M .03 (R) i TRACT A FORT RAYMOND SUB. NO. 1 HEMLOCK ADDITION PLAT NO. 2023-9. [INSTI TUTIONAL] O FOUND/SET MONUMENT AS DESCRIBED O FOUND 5/8" REBAR, BENT, MEASURED TO POE O FOUND 1-1/4" YELLOW PLASTIC CAP, STAMPED CLINE LS7569 • NOTHING FOUND OR SET SET 1-1/4" YELLOW PLASTIC CAP, O STAMPED AKLAND 107877 FLUSH WITH GRADE M# DTP AK LAN D LS107877 MEASURED BEARING AND/OR DISTANCE COMPUTED BEARING AND/OR DISTANCE HELD BEARING AND/OR DISTANCE RECORD PER PLAT SW1986-10 RECORD PER PLAT NO. 2012-7 RECOVERED MONUMENT DEDICATED THIS PLAT -0- POWER POLE C GUY ANCHOR EM ELECTRICAL METER ELECTRICAL TRANSFORMER UTILITY VAULT ET FO 0 TELECOM. PEDISTAL FIRE HYDRANT U CULVERT x POST u SIGN �ar�J�or�JY�ar�JY�ar�JY�ar�JY�ar�JY�ar�J� OHP S w FENCE EDGE OF ASPHALT PLOWED AREAS FEMA FLOOD ONE OVER HEAD POWER SEWER UNDERGROUND GIS w WATER UNDERGROUND GIS [CITY OF SEWARD ZONING] [RESOURCE MANAGEMENT] TRACT 5A FOREST ACRES SUB. LEVEE REPLAT PLAT NO. 2012-17 G,ggFF'cR TRACT 5B-1 352,080 SQ.FT 8.083 ACRES TRACT 5B-2 248,990 SQ.FT 5.716 ACRES �OHP cb- tio EASEMENT LINE DATA LINE BEARING DISTANCE E1 N09°50'24"E 56.08' S10°19'52"W 56.08' (R1) E2 N63°12'07"E 252.00' 563°41'13"W 251.96' (R1) E3 N11°45'29"E 422.60' S12°14'48"W 422.57' (R1) E4 S69°03'12"W 12.67' N69°32'31"E 12.67' (R1) E5 N20°56'48"W 10.00' S20°27'29"E 10.00' (R1) E6 N69°03'12"E 19.09' N69°32'31"E 19.09' (R1) E7 N11°45'29"E 21.88' N12°14'48"E 21.88' (R1) E8 N64°21'27"W 7.19' S63°52'08"E 7.19' (R1) E9 N25°38'33"E 10.54' S26°07'52"W 10.54' (R1) E10 N51°01'32"W 25.98' S50°32'13"E 25.98' (R1) Ell N38°58'28"E 10.00' 539°27'47"E 10.00' (R1) E12 S51°01'32"E 25.28' N50°32'13"W 25.28' (R1) E13 N57°20'14"E 15.55' S57°49'33"W 15.55' (R1) E14 S61°59'16"E 89.77' S61°29'57"E 89.77' (R1) E15 S69°04'38"W 43.71' S69°33'57"W 43.72' (R1) E16 S11°45'29"W 411.05' 512°14'48"W 411.01' (R1) E17 N61°59'16"W 267.44' S61°29'57"W 267.44' (R1) 2/ LOT 4 USS 9000 / ciD / LOT 5 USS 9000 P 0' T1S R1W SM SMALL BOAT HARBOR VICINITY MAP SCALE: 1" = 1/2 MILE NOTES: 1. THIS PROJECT IS LOCATED WITHIN ALASKA STATE PLANE ZONE 4 NAD 83. ALL DISTANCES ARE GROUND DISTANCES USING A COMBINED SCALE FACTOR OF 1.000091535 EXPRESSED IN U.S. SURVEY FEET. 2. NO EASEMENTS VACATED THIS PLAT 3. ZONING INFORMATION, UNDERGROUND WATER, AND SEWER LINES AND ARE FROM THE CITY OF SEWARD GIS INTERACTIVE MAP. FEMA FLOOD ZONES ARE BASED ON THE FEMA NFHL (NATIONAL FLOOD HAZARD LAYER WEB MAP SERVICE) DOWNLOADED ON APRIL 4, 2025 AND BEST FIT TO THE KENAI PENINSULA BOROUGH PARCEL DATA. 4. OTHER UNDERGROUND UTILITIES, NOT SHOWN HEREON, MAY EXIST WITHIN THE PROPOSED SUBDIVISION. 5. SURVEY PERFORMED IN WINTER CONDITIONS, SITE FEATURES NOT SHOWN HEREON MAY HAVE BEEN CONCEALED BY ICE AND/OR SNOW. DRIVEWAYS AND PADS DEPICTED REPRESENT PLOWED AREAS AND MAY NOT ACCURATELY REFLECT THE FULL EXTENT OF THESE SITE FEATURES. 6. A PORTION 0 THIS PROPERTY IS SUBJECT TO A CLEAR ZONE EASEMENT IN FAVOR OF THE STATE OF ALASKA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF AVIATION, RECORDED ON MARCH 5, 1963 AT BOOK 35R PAGE 192. 7. THIS PROPERTY IS SUBJECT TO RESERVATIONS CONTAINED IN DEED, EXECUTED BY THE STATE OF ALASKA, RECORDED ON MARCH 2, 1967 IN BOOK 31D PAGE 5, AND FURTHER SUBJECT TO DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT RELEASE OF CONDITION IN DEED RECORDED OCTOBER 4, 1982 IN BOOK 27 AT PAGE 75; STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND DIRECTORS FINAL DECISION, RECORDED OCTOBER 3, 1997 IN BOOK 87 AT PAGE 863; AND STATE OF ALASKA QUITCLAIM RELEASE NO. 2, RECORDED APRIL 8, 2004, UNDER SERIAL NO. 2004-0000620-0. 8. 10' UTILITY EASEMENT LOCATED ON TRACT B1, PER PLAT 2012-17 HAS BEEN VACATED PER KENAI PENINSULA BOROUGH PLANNING COMMISSION RESOLUTION 2019-25. 9. THIS PROPERTY IS SUBJECT TO A PERMIT AGREEMENT RECORDED MAY 22, 2012 AS SERIAL NO. 2012-000551-0. THIS PERMIT EXPIRED ON DECEMBER 31, 2020. 10. THIS PROPERTY IS SUBJECT TO RESERVATIONS AND EXCEPTIONS AS CONTAINED IN U.S. PATENT RECORDED AT 11. DEVELOPMENT OF THESE LOTS IS SUBJECT TO THE CITY OF SEWARD'S ZONING REGULATIONS. 12. NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED WITHIN A UTILITY EASEMENT WHICH WOULD INTERFERE WITH THE ABILITY OF A UTILITY TO USE THE EASEMENT. 13. LOTS WITHIN THIS SUBDIVISION MAY BE LOCATED WITHIN A DESIGNATED FLOOD HAZARD AREA; IF SUCH IS THE CASE, DEVELOPMENT MUST COMPLY WITH TITLE 15 OF THE CITY OF SEWARD'S CHARTER AND CODE OF LAWS. A SURVEY TO DETERMINE THE ELEVATION OF THE PROPERTY MAY BE REQUIRED PRIOR TO CONSTRUCTION. 14. THIS PLAT WAS GRANTED EXCEPTIONS TOKPB 20.30.120 (STREET WIDTH REQUIREMENTS), BY THE KPB PLAT COMMITTEE MEETING OF , 2025. 100' 200' SURVEYOR'S CERTIFICATE MONUMENT DETAILS M1 M2 M3 M4 FOUND 2-1/2" ALCAP IN MONUMENT CASE 1.7' BELOW RIM. SCARRED SET 1.5" ALCAP ON 5/8" X 30" REBAR FLUSH WITH GRADE FOUND 3-1/4" ALCAP IN MONUMENT CASE 0.4' BELOW RIM GOOD CONDITION FOUND 1.5" ALCAP ON 5/8" REBAR 1.3' BELOW GRADE. ILLEGIBLE FOUND 1.5" ALCAP ON 5/8" REBAR, 0.1' BELOW GRADE. ILLEGIBLE I, STACY M WESSEL, PROFESSIONAL LAND SURVEYOR, HEREBY CERTIFY THAT I AM PROPERLY REGISTERED AND LICENSED TO PRACTICE LAND SURVEYING IN THE STATE OF ALASKA, THAT THIS PLAT REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION, THAT THE MONUMENTS SHOWN HEREON ACTUALLY EXIST AS DESCRIBED, AND THAT ALL DIMENSIONS AND OTHER DETAILS ARE CORRECT. OFA<4 ‘‘_ PRELI 1\4 1� • P LAT • H r,� , Stacy M. Wessel • 00 V` s No. 107877• F• 11°,0R••••••OFESSIONA��P�O Plat of: FOREST ACRES SUBDIVISION SEWARD GATEWAY PROPERTIES CREATING TRACT 5B-1 AND TRACT 5B-2 CONTAINING 13.799 ACRES A SUBDIVISION OF: LOT 13, FORT RAYMOND SUBDIVISION, PLAT 86-10 LOT B1, FOREST ACRES SUBDIVISION LEVEE REPLAT, PLAT 2012-17 AND THAT PORTION OF US SURVEY NO. 149 DESCRIBED AS PARCEL NO. 2 PER WARRANTY DEED RECORDED ON SEPTEMBER 19, 2022 AT SERIAL NO. 2022-000966-0 CITY OF SEWARD SEWARD RECORDING DISTRICT KENAI PENINSULA BOROUGH LOCATED WITHIN: THE E1/2 OF SECTION 34, T1N, R1W, S.M., AK. OWNER (TRACT B1 & UNSUBDIVDED PORTION OF USS 149) TRAVIS E MAURER 4301 REID DR. NW GIG HARBOR, WA 98335 Date: 04/30/2025 Drawn: SMW Scale: 1"= 100 PN: 1538 OWNER (LOT 13 AND TRACT 5B) CITY OF SEWARD P.O. BOX 167 SEWARD, ALASKA 99664 AK Lands, Land Surveying LLC PO Box 110485 Anchorage, AK 99511 aklands@aklands.com http://aklands.com (907) 744-LAND Date of Survey: JAN. 15-17, 2025 Field Book: 12/65-71 Sheet: 1 of 1 KPB No. N/A e o o 144 N. Binkley Street, Soldotna, Alaska 99669 • (907) 714-2200 • (907) 714-2378 Fax Planning Department EXCEPTION REQUEST APPLICATION NAME OF PRELIMINARY PLAT OR PLANNING COMMISSION ITEM: PROPERTY INFORMATION: legal description: see attached General area location: South of Resurrection River 20.50.010. - EXCEPTIONS TO REGULATIONS -PROCEDURE -COMMISSION AUTHORITY. A. Unless prohibited under this title, the commission may authorize exceptions to any of the requirements set forth in this title. Application for an exception shall present the commission with substantial evidence, justifying the requested waiver or exception stating fully the grounds for the application and the facts relied upon. The commission shall make findings of fact meeting the following standards before granting any exception: 1. That special circumstances or conditions affecting the property have been shown by application; 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title; 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. B. Where a design requirement of this title is addressed by a zoning regulation adopted by the borough assembly or city council, the variance procedures of the applicable zoning code shall be utilized in lieu of the exception procedures. C. All exceptions must be requested and granted at the time of preliminary plat approval. Exceptions may not be requested with a final plat submittal. D. Upon reconsideration of a plat committee decision following the procedure in KPB 20.25.120, an appeal of a decision of the planning commission made under this section shall be taken to the SUBMITTAL REQUIREMENTS Identify the exceptions requested including the section identifier of KPB code. Provide evidence justifying the requested exceptions that fully states the grounds for the exception request, and the facts relied upon. A letter can be attached to this application. FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED KPB FILE # 37 ((kAN DS — Land Surveying — April 8, 2025 City of Seward Planning Commission 410 Adams St. Seward, AK 99664 Subject: Forest Acres Subdivision — Seward Gateway Properties - KPB exception Request Dear City of Seward and Kenai Peninsula Borough Officials: PO Box 110485 Anchorage, AK 99515 (907) 744-LAND aklands@aklands.com http://aklands.com On behalf of AK Lands, the City of Seward, and Mr. Travis Maurer, I am pleased to submit this request for a replat that will consolidate four existing parcels into two new lots within the City of Seward. The City of Seward currently owns Lot 13 of the Fort Raymond Subdivision and Tract 5B of the Forest Acres Subdivision Levee Replat. Mr. Maurer owns Lot B-1 of the Forest Acres Subdivision Levee Replat, as well as the unsubdivided portion of land situated between Lot 13 and Lot B-1. These parcels are largely undeveloped, consisting of gravel surfaces with some grading. Mr. Robert Williams, a developer, is collaborating with Mr. Maurer on this project. The City and Mr. Maurer seek to reconfigure their respective properties through a land swap designed to benefit both parties. The proposed reconfiguration will consolidate Lot 13, the unsubdivided land, Tract B-1, and Tract 5B into two lots. Tract 5B will be absorbed into the newly configured City -owned lot, which will be utilized as a snow dump. The second newly created lot will be slated for future development by Mr. Maurer and Mr. Williams, likely involving a further subdivision into multiple lots for housing. This subdivision plan will include dedicating a portion of the right-of-way (ROW) along Juniper Street and requesting an Exception to KPB code 20.30.120 Right of Way Widths. Responses to KPB Exception Criteria Under KPB Code, requests for an exception must satisfy the following three criteria: • Special Circumstances or Conditions Affecting the Property o Laurel Street was initially established with a narrower ROW under earlier plats (17 & 2012-17) o The road is not a main thoroughfare, primarily serving one multifamily property, and two large tracts zoned for resource management. o Expanding the ROW to the full 60-foot standard would require an additional five-foot dedication at this time, and potentially another ten -foot dedication if the private landowner decides to further subdivide in the future. Requiring multiple dedications from different property owners does not align with current use patterns or projected traffic needs. • Necessity for Preservation and Enjoyment of a Substantial Property Right; Practical Manner of Complying with the Title o The proposed ROW configuration preserves developable acreage and minimizes unnecessary encumbrances on private property (west) and City -owned property (east). o Requiring the full 60-foot ROW may impose a significant burden with minimal public benefit, especially given the low -traffic nature and limited length of Laurel Street. Page 1 of 2 38 • No Detrimental Impact on Public Welfare or Adjacent Properties o Reduced ROW width along Laurel Street has been granted in previous subdivisions (2012-17) without adverse effects on public welfare or neighboring parcels. o The area's flat terrain and modest traffic do not warrant a standard 60-foot ROW. o Future utility installations can be adequately accommodated within the current ROW width. Conclusion We appreciate your consideration of this replat and our request for an exception under KPB Code 20.30.120. The proposed land swap and ROW configuration will facilitate the City of Seward's operational needs —such as creating a new snow dump —while enabling Mr. Maurer's and Mr. Williams's plans for future development. We believe the proposed replat and associated ROW exceptions serve both private and public interests. The flat terrain, minimal traffic, and absence of existing utility infrastructure —coupled with prior plat exceptions —confirm that strict 60- foot ROW compliance is unnecessary. Granting this request will allow the property to be responsibly developed without compromising public safety or welfare. Thank you for your time and consideration. Please contact me with any questions or if further information is needed. AK Lands, Land Surveying by Stacy Wessel, Professional Land Surveyor Attachments: Plat 2012-17 2 of 2 39 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE Ck_c -a brov,,r, , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on Pr, a 2o2 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of 1000 Hemlock Ave, 2500 Laurel St, 2405 Seward Highway, 2413 Seward Highway as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this day of Apr j 2025. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE n I, La. w t �,. , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 for the property located at Located at 1000 Hemlock Ave, 2500 Laurel St, 2405 Seward Highway, 2413 Seward Highway, the owners of which have petitioned for a Public Hearing to replat the above named property, exchanging an equal portion of city -owned land with privately - owned land and vacating interior lot lines, creating two new parcels Tracts 5B-1 and 5B-2, Forest Acres Subdivision, Seward Gateway Properties. The notice was posted on 3 , which is ( Li 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 ):5 day of 2025. 41 Planning and Zoning Agenda Statement Meeting Date: May 6, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2025-018 of the Planning and Zoning Commission of the City of Seward, Alaska, granting a conditional use permit to Morning Star Ventures LLC to construct a 4-plex at 2018 Dunham Drive within a multi -family residential (R3) zoning district Background and justification: G & P Enterprises LLC has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission on behalf of Morning Star Ventures LLC to construct a 4-plex at 2018 Dunham Drive. The property is located within the Multi -Family Residential (R3) zoning district. A duplex was approved to be built on the property in October 2024. A duplex is allowed outright in the R3 zoning district. The property owner would like to add another two units to the duplex, creating a total of four dwelling units on the property. The addition of these two units turns the dwelling into a 4-plex, which requires a CUP. The existing duplex has three bedrooms in each unit, and the two proposed units to be added to the existing duplex will have one bedroom each. The applicant has complied with all the public hearing requirements of Seward City Code § 15.01.040. Regarding conditional uses, Seward City Code § 15.10.320 states, "It is recognized that there are some uses which may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property, and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission shall permit this type of use if the conditions and requirements listed in this chapter (Title 15) are met." Prior to granting a conditional use permit, the Commission shall establish that the use satisfies the following conditions as listed in SCC §15.10.320(D): 1. The use is consistent with the purpose of this chapter and the purposes of the zoning district; 2. The value of the adjoining property will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 42 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above - mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Surrounding Land Use and Zoning: Development Requirements: The development requirements have been met. The building height is less than 34'. The setbacks meet the required front 20', side 15' combined (5' min on one side), rear 10'. Lot coverage for the entire structure is 25%, which is within the allowed maximum of 40%. Surrounding Land Use: The surrounding properties are all zoned multi -family residential. There is a combination of single-family dwellings, duplexes, and multi -family dwellings. Floodplain status: According to the Kenai Peninsula Floodplain Map, the property is not located within a FEMA-mapped floodplain. Utilities: City water, sewer, and electricity are connected to the property. Parking: A total of 9 parking spaces are required for 4-plex. Parking spaces must be 9'x18'. At least one (1) of those parking spaces shall be compliant with the Americans Disabilities Act (ADA). Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1 Ch 2.2.11 - Economic Base Plan: • "Encourage the development of infrastructure expansion plans for currently undeveloped residential and commercial property." Vol 1 Ch 3.2 - Land Use • "Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values." • "Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations • "Support apartments and other high -density residential development" Vol 1 Ch 3.3 - Housing • "Encourage development of new housing in Seward." • "Support a range of housing choices that meet the needs of people in various income and age groups Strategic Plan: N/A 43 Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Public Notice Property owners within three hundred (300) feet of the location of the proposed Conditional Use Permit action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication, the Community Development Department has not received public inquiries regarding the proposed Conditional Use Permit. If any correspondence is received after publication of this agenda statement, it will be submitted to the Planning and Zoning Commissioners for their review. 1. The applicant shall work with the building official through the building permit process to address any requirements per International Fire Code and International Building Code. 2. For any upgrades or connections to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued, the applicant will work with the appropriate city departments. 3. A minimum of 9 parking spaces shall be provided for on site. At least one (1) of those parking spaces shall be compliant with the Americans Disabilities Act (ADA). 4. All parking and maneuverability shall remain on site for the life of the use. 5. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. Landscaping must be completed one year from when an occupancy certificate has been issued for the structure. 6. Bear -resistant refuse cart designed to prevent the upsetting or spillage by wind, weather, animals, or accident, shall be provided for all garbage and refuse for the life of the use. 7. A three -walled structure with roof must be provided on site to house the bear -resistant carts. 8. Per Seward City Code § 15.10.325(f). an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 9. Modification of final approval of a conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission: 44 a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. 1 Recommendation The proposed use is permittable through the Conditional Use Permit process, which allows the Commission the opportunity to ensure that the use is consistent with the purpose of the zoning district and surrounding land uses, is in harmony with the Comprehensive Plan, and will not be harmful to the public safety, health, or welfare. 45 Sponsored by: Applicant Public Hearing: May 6, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-018 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO MORNING STAR VENTURES LLC TO CONSTRUCT A 4- PLEX AT 2018 DUNHAM DRIVE WITHIN A MULTI -FAMILY RESIDENTIAL (R3) ZONING DISTRICT WHEREAS, G & P Enterprises LLC has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission on behalf of Morning Star Ventures LLC to construct a 4-plex at 2018 Dunham Drive; and and WHEREAS, the property is in a Multi -Family Residential (R3) zoning district; and WHEREAS, a duplex was approved to be constructed on the property in October 2024; WHEREAS, a duplex is allowed outright in the R3 zoning district; and WHEREAS, the owner would like to add another two dwelling units on the property, and the addition of these two units will turn the duplex into a 4-plex; and WHEREAS, a 4-plex requires a CUP in the R3 zoning district; and WHEREAS, the surrounding properties are also zoned R3 and contain a mixture of single- family dwellings, duplexes, and multi -family dwellings; and WHEREAS, Seward City Code § 15.10.320 recognizes that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met; and WHEREAS, the applicant has complied with all of the public hearing requirements of Seward City Code § 15.01.040; NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The Commission finds that the proposed use satisfies the following conditions as specified in SCC §15.10.320.D. A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. a. Finding: Yes, a multi -family dwelling is allowed in the R3 zoning district 46 CITY OF SEWARD, ALASKA RESOLUTION 2025-018 with an approved CUP. B. The value of the adjoining property will not be significantly impaired. a. Finding: The surrounding properties are zoned for multi -family dwellings and already contain a mixture of single-family, duplex, and multi -family dwellings. C. The proposed use is in harmony with the Seward Comprehensive Plan. a. Finding: Yes, the proposed use is supported by the Comprehensive Plan Vol 1 Ch 2.2.11 - Economic Base • "Encourage the development of infrastructure expansion plans for currently undeveloped residential and commercial property." Vol 1 Ch 3.2 - Land Use • "Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values." • "Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations • "Support apartments and other high -density residential development" Vol 1 Ch 3.3 - Housing • "Encourage development of new housing in Seward." • "Support a range of housing choices that meet the needs of people in various income and age groups." D. Public services and facilities are adequate to serve the proposed use. a. Finding: Yes, city water, sewer, and electricity are connected to the property. The property has access to Dunham Drive. E. The proposed use will not be harmful to the public safety, health, or welfare. a. Finding: This condition has been met. Section 2. Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions shall be met by the applicant. Approval of the CUP shall be subject to the following conditions: 1. The applicant shall work with the building official through the building permit process to address any requirements per International Fire Code and International Building Code. 2. For any upgrades or connections to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued, the applicant will work with the appropriate city departments. 3. A minimum of 9 parking spaces shall be provided for on site. At least one (1) of those parking spaces shall be compliant with the Americans Disabilities Act (ADA). 4. All parking and maneuverability shall remain on site for the life of the use. 5. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. Landscaping must be completed one year from when an occupancy certificate has been issued for the structure. 47 CITY OF SEWARD, ALASKA RESOLUTION 2025-018 6. Bear -resistant carts designed to prevent the upsetting or spillage by wind, weather, animals, or accident, shall be provided for all garbage and refuse for the life of the use. 7. A three -walled structure with roof must be provided on site to house the bear -resistant carts. 8. Per Seward City Code §15.10.325(f). an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 9. Modification of final approval of a conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 3. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 2 are met by the applicant, and authorizes administration to issue a conditional use permit to Morning Star Ventures LLC to construct a 4-plex on Lot 4, Block 3, Gateway Subdivision Addition No. 1, located at 2018 Dunham Drive. Section 4. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320: Conditional Use Permits. A Conditional Use Permit may be transferred to a new owner per § 15.10.320(G), in which case the new owner will be required to maintain conformance to the conditions of the permit. Section 5. Administration shall periodically confirm the approved conditional use conforms to the standards of its approval. Nonconformance to these above stated conditions shall be grounds for revoking the Conditional Use Permit. Section 6. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6th day of May, 2025. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair 48 CITY OF SEWARD, ALASKA RESOLUTION 2025-018 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 49 r+f 111 geririm MITT4us mar MP IOW Key Single-family Residential Multi -family Residential Resource Management Institutional Park 100 feet Context Map s rn ...sir■. r IY Sr. Conditional Use Permit Application Property Map RES 2025-018 - Granting a conditional use permit to construct a 4-plex Location: 2018 Dunham Drive Parcel #: 14535140 a 50 CITY OF SEWARD I . c). Box 167 410 Adams Street Seward, Alaska 4)966 1 Community Development 907.224.4O48- 1)irector 907.221.4020- Planner 907.224.404.9- Planning assistant CONDITIONAL USE PERMIT APPLICATION This completed application is to be submitted to the Community Development Department no later than four (4) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $374.50 nonrefundable filing fee. In addition, please provide an as -built survey if the property has been developed or a scaled site plan with elevations if the property is undeveloped. Applicant: G and P Enterprises LLC Address: 33318 Bear Lake Road, Seward Telephone Number: (907) 362-3291 Email: gpenterprise88@gmail.com Property Owner (if other than applicant): Morning Star Ventures LLC Address: 2018 Dunham Drive Telephone Number: (907) 362-3866 Email: mclemens59@gmail.com Property Description Address: 2018 Dunham Drive Lot size: 12,750 ft/sq Lot: 4 Block: 3 Subdivision: Gateway addn #1 Kenai Peninsula Borough Tax Parcel ID Number: 14535140 Development Information What structures are on the property? new duplex How is the property being used? long term rental What is the proposed use of the property? long term rental What is the development timeline?6 months Please note that prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit, it shall be established that the proposed use satisfies the following conditions of Seward City Code 15.10.320 (See the attached pages for specific City Code requirements) 51 A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. Multi- Family Residential (R3) B) Describe any impacts to the adjoining properties and how property values may be affected. None C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: http://www.cityofseward.usl =Fhris-rirfl-p rcF 17Wrre► . D) Describe / list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.) City electric, water and sewer, Building is accessed by Dunham Drive. E) The proposed project or use must not be harmful to the public health, safety and welfare. Describe any mitigation measures that may be needed to protect the public health, safety and welfare. l-e, r°ititt-a riurr; rre-as u 1 e s rrar9 F) Include building elevation plans and a site plan, drawn to scale. The site plan should include: 1) Property dimensions ✓ 2) Location and dimensions of existing and planned buildings n I • 3) Parking configuration ✓ 4) Driveways and access 5) Natural features 6) Other pertinent information n 52 I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge and that I have the following legal interest in the property: Owner of record I understand that this item will be scheduled for action only if all application materials are submitted not Tess than three weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. ular meetings are held the first Tuesday of every month. Applicant Signature: Property Owner Signature: Enclosed: $374.50 Paymeil Dimensioned plot plan / drawings Other: s 53 Q(-11/6.4.01/ 9) 0 54 ///W:,/ f {r V ! 4 `Y �,?,e-1_,(21 ib Pictures of existing duplex at 2018 Dunham Dr Pictures of existing duplex at 2018 Dunham Dr CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE 6ro,Nr-) , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on \')-c)v;1 y �S Zo Z. she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Gateway Subdivision Addition No. 1, Lot 4, Block 3; Located at 2018 Dunham Drive as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this Wkday of 1PY; i 2025. e` --ZIP---„ AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I,'hA? VIA )1ke/rCki,(4 , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040/16.01.015 on the property located at Gateway Subdivision Addition No.1, Lot 4, Block 3; Located at 2018 Dunham Drive on which the applicant has petitioned for a Public Hearing for a Conditional Use Permit to construct a 4-plex, within an Multi -Family Residential (R3) Zoning District. The notice was posted on Pr1 0? ,which is 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. ti Affirmed and signed this /J� day of 58 Planning and Zoning Memorandum Meeting Date: May 6, 2025 To: Planning and Zoning Commission From: Daniel Meuninck, Community Development Director Subject: Building height discussion to review two Ordinance drafts and provide staff with a recommendation for which one the Commission would like to see at the June 3, 2025 meeting Background and justification: The Planning and Zoning Commission has discussed the building height requirements in code and options for raising the building height at the past 4 work sessions. At the March 18th work session, the Commission discussed allowing buildings up to 48 feet in specified areas within city limits. However, there were still mixed discussions on whether the location should be the only restriction or if there should be other restrictions on the specified use of the structure. The Commission also discussed whether the overall building height in Seward should be raised to 38 feet everywhere, or if it should be restricted to areas north of a specific street. Sufficient input has been gathered from the Commission and the public for staff to compose two Ordinance drafts with proposed changes to building height in the city code. The purpose of this discussion item is for the Commission to review the two drafts and then provide staff with guidance on which draft the Commissioners would like to be presented as a Resolution at the June 3, 2025 meeting. Below is a summary of the proposed code changes in each draft. Option 1: Least Restrictive • Raises building height to 38 feet everywhere in Seward • Raises building height to 48 feet with an approved Conditional Use Permit if the property is located: o north of Hemlock Avenue, south of Dieckgraeff Road, east of Spruce Street, and west of the Seward Highway, or o East of Nash Road, or o East of Spring Creek Campground and south of Bette Cato Avenue Option 2: Most Restrictive • Raises building height to 38 feet everywhere north of A Street, the east and west sides of Nash Road, and south of Bette Cato Avenue • Raises building height to 48 feet with an approved Conditional Use Permit if the following criteria are met: o The property is located: ■ North of Hemlock Avenue, south of Dieckgraeff Road, east of Spruce Street, and west of the Seward Highway, or 59 • East of Nash Road, or • East of Spring Creek Campground and south of Bette Cato Avenue o The proposed use for the structure must be a multi -family dwelling, condominiums, or townhomes with units/dwellings no smaller than two bedrooms, or a hotel, or a multi -use building that incorporates commercial and residential uses I OPTION 1— Building Height — Least Restrictive 15.10.220 Development requirements. A. Table 15.10.222, development requirements, is incorporated herein by reference and the restrictions and annotations contained therein are mandatory unless otherwise modified by this chapter. (See table at the end of this section; see also section 15.10.210.) B. Building height. The purpose of building height standards is to prevent loss of life or excessive property damage through thc inability of thc City firc department to reach upper stories or roofs and to help maintain the character of neighborhoods through balanced development and historic preservation, and to protect access to views, light, and privacy. 1. Conditional Height Increase. Buildings may exceed the height permitted in Table 15.10.222 up to a maximum of 48 feet, subject to a conditional use permit review as set forth in SCC 15.10.320 and the following additional approval criteria: a. The property must be located: i. North of Hemlock Avenue, south of Dieckgraeff Road, east of Spruce Street, and west of the Seward Highway, or ii. East of Nash Road, or iii. East of Spring Creek Campground and south of Bette Cato Avenue b. The proposed development must be an allowed use within the underlying zoning district. C. Setbacks —Yards. 1. Setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy, fire separation and visual relief between structures. 2. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or open space on one lot shall be considered as providing a yard or open space on any other lot. 3. No yard or lot shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after December 5, 1978 shall meet at least the minimum requirements established by this chapter. 4. In cases of corner lots with multiple frontages, the administrative official shall designate the front yard, and all other frontages shall be designated as a side to a street. 5. All structures shall be designed and constructed to prevent roofs from shedding snow onto adjacent lots, structures, fences, or other property. (Ord. 99-10, § 3; Ord. No. 2018-004, § 1) (Supp. No. 28-1) Created: 2024-08-06 13:39:31 [EST] Page 1 of 4 61 I OPTION 1— Building Height — Least Restrictive TABLE Zoning District Designations The following zoning district abbreviations are provided for information and interpretation: RR = Rural, very low density single-family residential R1 = Single-family, low density residential R2 = Single and two-family, medium density residential R3 = Single, two and multi -family, high density residential UR = Urban residential, a mix of residential uses and low impact home professional offices OR = Office residential AC = Auto and neighborhood oriented, light commercial HC = Harbor commercial CB = Central business district - dense downtown commercial I = Industrial RM = Resource management - partially developable lands subject to floodplains and steep slopes INS = Institutional, public, quasi -public uses P = Parks (Supp. No. 28-1) Created: 2024-08-06 13:39:31 [EST] Page 2 of 4 62 I OPTION 1— Building Height — Least Restrictive Table 15.10.222. Development Requirements Zoning Districts Principa ly Residential Principally Commercial Principa ly Public RR R1 R2 R3 UR OR AC HC CB I RM INS P Maximum Building Height (ft.) (See Note 1 and 9, next page) 3438 3438 3438 3438 3438 3438 3438 Varies 26* or 34 38 3438 3438 3438 34 38 34 38 Minimum Buildable Lot Size (sq. ft.) (See Notes 2 and 7, next page) 20,000 Varies 3,000 to 6,000* Varies 3,000 to 6,000* Varies 3,000 to 9,000* Varies 3,000 to 9,000* Varies 3,000 to 9,000* Varies 6,000 to 9,000* None Varies 3,000 to 9,000* 10,000 20,000 None None Minimum Lot Width (ft.) (See Notes 3 and 7, next page) 100 Varies 30 to 60* Varies 30 to 60* Varies 30 to 90* Varies 30 to 90* Varies 30 to 90* 60 or 90* 30 Varies 30 to 90* 100 100 None None Minimum Front Yard Setback (ft.) (See Note 7, next page) except Leirer and Tract C-1 below 20 20 20 20 20 20 10 None None 20 20 20 20 Minimum Front Yard Setback (ft.) for Leirer Industrial Subdivision and Alaska Skill Center Tract C-1 only. (See Note 7, next page) 20 20 20 20 20 20 10 None None 10 20 20 20 Minimum Side Yard Setback (ft.) (See Notes 4 and 7, next page) 10 5 or 5 min. with 15 total* 5 or 5 min. with 15 total* 10 5 5 5 5 None 10 10 10 20 Minimum Side Yard Setback Adjacent to Street (ft.) (See Note 7, next page) 10 10 10 10 10 10 10 None None 20 10 10 20 Minimum Rear Yard Setback (ft.) (See Notes 5 and 7, next page) 10 10 10 10 10 10 10 None, 5 and io* None 10 10 15 20 Maximum Accessory Building Height (ft.) 20 20 20 20 20 20 20 20 34 34 20 34 20 Maximum Lot Coverage (%) (See Notes 2G and 6, next page) 30 35 35 40 40 50 50 100* 100 100* 30 50 10 (Supp. No. 28-1) Page 3 of 4 63 Created: 2024-08-06 13:39:31 [EST] I OPTION 1— Building Height — Least Restrictive Table 15.10.222. Development Requirements —Table Notes NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the southern boundary of the South Harbor Uplands - Tract H, Waterfront Park Replat, the harbor basin and J Float Ramp, building height is limited to 26 feet. NOTE 2. A. Buildable/useable area —Lot may have to be larger to have minimum buildable area available. B. In the R1, R2, R3, UR, OR , AC and CB Districts, from the Seward Highway/Phoenix Road intersection South, to include the Bayview Subdivision, a minimum of 3,000 SF lots and 30 foot minimum frontages and north of the Seward Highway/Phoenix Road intersection, a minimum of 6,000 SF lots and 60 foot minimum frontages C. Lots located on a cul-de-sac bulb shall have a minimum of 8,000 square feet and a 40-foot minimum lot frontage. D. Flag lots shall have a minimum of 15,000 square feet and a 30-foot minimum lot frontage on the staff portion of the lot. E. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000 SF is to accommodate required widening of an adjacent right-of-way. F. In the R1, R2, R3, UR, OR , AC and CB Districts, individual lots of at least 3,000 SF in the Original Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed for single-family residences provided all other development requirements of this chapter are met. G. Multiple -Family developments (except studio apartments) with three or more units require a minimum of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said districts require an additional 1,200 SF per unit of five or more units. H. Two -Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision require 5,000 SF. All other development requirements of this chapter shall be met. I. Multiple -Family, studio apartments in the OR, AC, CB, HC, I and RM districts require a minimum of 9,000 SF. The total square footage required for lot setbacks shall be reserved as open area. All other requirements set forth in this chapter shall be met. NOTE 3. See Notes 2-F and 2-G above. NOTE 4. From Seward Highway/Phoenix Road intersection —South, a five-foot setback, each side; north, a minimum five-foot setback each side as part of a combined 15-foot setback total between both sides. NOTE 5. In the HC District, parcels abutting mean high tide —No rear yard setback; parcels abutting the waterfront boardwalk —Five feet; and parcels not abutting the waterfront boardwalk or mean high water mark —Ten feet. NOTE 6. Excludes setbacks in HC and I. NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic sites. NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in an R1 district, except for a long term care facility, aka skilled nursing care facility. NOTE 9. if approved by a conditional use permit, buildings up to 48 feet in height may be allowed if the criteria specified in 15.10.220(8)(1) has been met. (Ord. 2007-009, § 1; Ord. 2008-006, § 1; Ord. No. 2012-002, § 1; Ord. No. 2016-009, § 1; Ord. No. 2017-002, § 1; Ord. No. 2018-004, § 1; Ord. No. 2023-019, § 1, 7-10-2023) (Supp. No. 28-1) Created: 2024-08-06 13:39:31 [EST] Page 4 of 4 64 I OPTION 2 — Building Height — Most Restrictive 15.10.220 Development requirements. A. Table 15.10.222, development requirements, is incorporated herein by reference and the restrictions and annotations contained therein are mandatory unless otherwise modified by this chapter. (See table at the end of this section; see also section 15.10.210.) B. Building height. The purpose of building height standards is to prevent loss of life or excessive property damage through thc inability of thc City firc department to reach upper stories or roofs and to help maintain the character of neighborhoods through balanced development and historic preservation, and to protect access to views, light, and privacy. 1. Conditional Height Increase. Buildings may exceed the height permitted in Table 15.10.222 up to a maximum of 48 feet, subject to a conditional use permit review as set forth in SCC 15.10.320 and the following additional approval criteria: a. The property must be located: i. North of Hemlock Avenue, south of Dieckgraeff Road, east of Spruce Street, and west of the Seward Highway, or ii. East of Nash Road, or iii. East of Nash Road and south of Bette Cato Avenue b. The proposed development must be an allowed use within the underlying zoning district. c. The structure must be a multi -family dwelling, condominiums, or townhomes with units/dwellings no smaller than two bedrooms, or a hotel, or a multi -use building that incorporates commercial and residential uses. C. Setbacks —Yards. 1. Setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy, fire separation and visual relief between structures. 2. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or open space on one lot shall be considered as providing a yard or open space on any other lot. 3. No yard or lot shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after December 5, 1978 shall meet at least the minimum requirements established by this chapter. 4. In cases of corner lots with multiple frontages, the administrative official shall designate the front yard, and all other frontages shall be designated as a side to a street. 5. All structures shall be designed and constructed to prevent roofs from shedding snow onto adjacent lots, structures, fences, or other property. (Ord. 99-10, § 3; Ord. No. 2018-004, § 1) (Supp. No. 28-1) Created: 2024-08-06 13:39:31 [EST] Page 1 of 4 65 I OPTION 2 — Building Height — Most Restrictive TABLE Zoning District Designations The following zoning district abbreviations are provided for information and interpretation: RR = Rural, very low density single-family residential R1 = Single-family, low density residential R2 = Single and two-family, medium density residential R3 = Single, two and multi -family, high density residential UR = Urban residential, a mix of residential uses and low impact home professional offices OR = Office residential AC = Auto and neighborhood oriented, light commercial HC = Harbor commercial CB = Central business district - dense downtown commercial I = Industrial RM = Resource management - partially developable lands subject to floodplains and steep slopes INS = Institutional, public, quasi -public uses P = Parks (Supp. No. 28-1) Created: 2024-08-06 13:39:31 [EST] Page 2 of 4 66 I OPTION 2 — Building Height — Most Restrictive Table 15.10.222. Development Requirements Zoning Districts Principa ly Residential Principally Commercial Principa ly Public RR R1 R2 R3 UR OR AC HC CB I RM INS P Maximum Building Height (ft.) (See Note 1*, 9 and 10, next page) 34 or 38 34 or 38 34 or 38 34 or 38 34 or 38 34 or 38 34 or 38 Varies 26* or 38 34 or 38 34 or 38 34 or 38 34 or 38 34 Minimum Buildable Lot Size (sq. ft.) (See Notes 2 and 7, next page) 20,000 Varies 3,000 to 6,000* Varies 3,000 to 6,000* Varies 3,000 to 9,000* Varies 3,000 to 9,000* Varies 3,000 to 9,000* Varies 6,000 to 9,000* None Varies 3,000 to 9,000* 10,000 20,000 None None Minimum Lot Width (ft.) (See Notes 3 and 7, next page) 100 Varies 30 to 60* Varies 30 to 60* Varies 30 to 90* Varies 30 to 90* Varies 30 to 90* 60 or 90* 30 Varies 30 to 90* 100 100 None None Minimum Front Yard Setback (ft.) (See Note 7, next page) except Leirer and Tract C-1 below 20 20 20 20 20 20 10 None None 20 20 20 20 Minimum Front Yard Setback (ft.) for Leirer Industrial Subdivision and Alaska Skill Center Tract C-1 only. (See Note 7, next page) 20 20 20 20 20 20 10 None None 10 20 20 20 Minimum Side Yard Setback (ft.) (See Notes 4 and 7, next page) 10 5 or 5 min. with 15 total* 5 or 5 min. with 15 total* 10 5 5 5 5 None 10 10 10 20 Minimum Side Yard Setback Adjacent to Street (ft.) (See Note 7, next page) 10 10 10 10 10 10 10 None None 20 10 10 20 Minimum Rear Yard Setback (ft.) (See Notes 5 and 7, next page) 10 10 10 10 10 10 10 None, 5 and 10* None 10 10 15 20 Maximum Accessory Building Height (ft.) 20 20 20 20 20 20 20 20 34 34 20 34 20 Maximum Lot Coverage (%) (See Notes 2G and 6, next page) 30 35 35 40 40 50 50 100* 100 100* 30 50 10 (Supp. No. 28-1) Page 3 of 4 67 Created: 2024-08-06 13:39:31 [EST] I OPTION 2 — Building Height — Most Restrictive Table 15.10.222. Development Requirements —Table Notes NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the southern boundary of the South Harbor Uplands - Tract H, Waterfront Park Replat, the harbor basin and J Float Ramp, building height is limited to 26 feet. NOTE 2. A. Buildable/useable area —Lot may have to be larger to have minimum buildable area available. B. In the R1, R2, R3, UR, OR , AC and CB Districts, from the Seward Highway/Phoenix Road intersection South, to include the Bayview Subdivision, a minimum of 3,000 SF lots and 30 foot minimum frontages and north of the Seward Highway/Phoenix Road intersection, a minimum of 6,000 SF lots and 60 foot minimum frontages C. Lots located on a cul-de-sac bulb shall have a minimum of 8,000 square feet and a 40-foot minimum lot frontage. D. Flag lots shall have a minimum of 15,000 square feet and a 30-foot minimum lot frontage on the staff portion of the lot. E. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000 SF is to accommodate required widening of an adjacent right-of-way. F. In the R1, R2, R3, UR, OR , AC and CB Districts, individual lots of at least 3,000 SF in the Original Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed for single-family residences provided all other development requirements of this chapter are met. G. Multiple -Family developments (except studio apartments) with three or more units require a minimum of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said districts require an additional 1,200 SF per unit of five or more units. H. Two -Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision require 5,000 SF. All other development requirements of this chapter shall be met. I. Multiple -Family, studio apartments in the OR, AC, CB, HC, I and RM districts require a minimum of 9,000 SF. The total square footage required for lot setbacks shall be reserved as open area. All other requirements set forth in this chapter shall be met. NOTE 3. See Notes 2-F and 2-G above. NOTE 4. From Seward Highway/Phoenix Road intersection —South, a five-foot setback, each side; north, a minimum five-foot setback each side as part of a combined 15-foot setback total between both sides. NOTE 5. In the HC District, parcels abutting mean high tide —No rear yard setback; parcels abutting the waterfront boardwalk —Five feet; and parcels not abutting the waterfront boardwalk or mean high water mark —Ten feet. NOTE 6. Excludes setbacks in HC and I. NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic sites. NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in an R1 district, except for a long term care facility, aka skilled nursing care facility. NOTE 9. A building height of up to 38 feet is allowed north of A Street, the east and west sides of Nash Road, and south of Bette Cato Avenue. NOTE 10. If approved by a conditional use permit, buildings up to 48 feet in height may be allowed if the criteria specified in 15.10.220(B)(1) have been met. (Ord. 2007-009, § 1; Ord. 2008-006, § 1; Ord. No. 2012-002, § 1; Ord. No. 2016-009, § 1; Ord. No. 2017-002, § 1; Ord. No. 2018-004, § 1; Ord. No. 2023-019, § 1, 7-10-2023) (Supp. No. 28-1) Created: 2024-08-06 13:39:31 [EST] Page 4 of 4 68