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HomeMy WebLinkAbout09022025 Planning & Zoning PacketPlanning & Zoning Commission Meeting Packet Regular Meeting Tuesday, September 2, 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 Community Development Director Daniel Meuninck City Planner Courtney Bringhurst Executive Assistant Jamie Crocker City Clerk Kris Peck September 2, 2025 at 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.) 5. APPROVAL OF AGENDA AND CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed under Item 6. Consent Agenda items are not considered separately unless a commissioner requests. No second or vote is needed. In the event of such a request, the item is returned to the Regular Agenda. Marked with *) 6. CONSENT AGENDA A. Minutes of Preceding Meeting 1)* Approve August 5, 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 1) KPB Planning Commissioner Report 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.) Planning & Zoning Commission Meeting Agenda September 2, 2025 2 A. Resolutions Requiring Public Hearing 1) Resolution 2025-027 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council approval of the land use amendment to rezone 2400 Dimond Blvd, 2400 Birch Street, 2404 Birch Street, 2406 Birch Street, 2411 Spruce Street, 2500 Birch Street, and 2501 Spruce Street, from a Rural Residential (RR) zoning district to a Multi -family (R3) zoning district 12 2) Resolution 2025-028, of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council amend Seward City Code § 15.10.140 Definitions for animal shelter and veterinary hospital and § 15.10.226 Land Uses Allowed Table for veterinary hospital ..29 3) Resolution 2025-029, of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council amend Seward City Code § 15.10.140 Definitions for dwelling, apartment, commercial building and mixed -use development and Table 15.10.226 Land Uses Allowed for dwelling, apartment in a commercial building .36 4) Resolution 2025-030, of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council amend Seward City Code § 15.20 Signs 44 9. UNFINISHED BUSINESS A. Resolutions - None 10. NEW BUSINESS A. Resolutions — None B. Other New Business 1) Review absence notification requirements for meetings 2) Discuss work session topic for August 19, 2025. 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Reminder of upcoming P&Z Meetings 1) Work session on Tuesday, September 16, 2025 at 6:00 pm in Council Chambers at City Hall. 2) Regular meeting on Tuesday, October 14, 2025, at 7:00 pm in Council Chambers at City Hall. B. Other Items 12. FINAL PUBLIC COMMENTS (There is no sign -in for this comment period. Time is limited to five (5) minutes per speaker.) 13. ADMINISTRATION AND COMMISSION COMMENTS AND RESPONSES TO PUBLIC COMMENTS Planning & Zoning Commission Meeting Agenda September 2, 2025 3 14. EXECUTIVE SESSION - None 15. ADJOURNMENT Planning & Zoning Commission Meeting Agenda September 2, 2025 4 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 5, 2025 Volume 8, Page CALL TO ORDER The August 5, 2025, regular meeting of the Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Carol Griswold. PLEDGE OF ALLEGIANCE Commissioner Clare Sullivan led the Pledge of Allegiance to the flag. ROLL CALL There were present: Carol Griswold, presiding, and Brenan Hornseth Charbonneau Vanessa Verhey Rhonda Hubbard Clare Sullivan Pemberton comprising a quorum of the Commission; and Daniel Meuninck, Community Development Director Courtney Bringhurst, City Planner Kris Peck, City Clerk Jamie Crocker, Executive Planning Assistant Excused — Charbonneau, Pemberton Absent — None PUBLIC COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Sullivan/Hubbard) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the July 1, 2025, Planning & Zoning Commission Meeting Minutes 5 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 5, 2025 Volume 8, Page SPECIAL ORDERS, PRESENTATION, AND REPORTS Proclamations and Awards - None City Administration Report Community Development Director Daniel Meuninck thanked his office staff for keeping things running while he was out of the office. He showed the commission a new book called Strong Towns: A Bottom -Up Revolution to Rebuild American Prosperity. On another topic, Meuninck reported there were 95 permitted short-term rentals operating in city limits. There were an additional 3 short-term rentals that were still working on coming into compliance. Presentations — None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2025-023, of the Planning and Zoning Commission of the City of Seward, Alaska, granting a conditional use permit to Harbor Holdings LLC to construct and operate an employee campground at 1713 Alameda Street within an Industrial zoning district Motion (Sullivan/Verhey) Approve Resolution 2025-023 The commission discussed ex-parte contact and determined none had occurred. City Planner Courtney Bringhurst explained this CUP would add four modified CONEX units, plus a fifth unit with a shower and bathroom. She noted that the Fire Chief Clinton Crites had concerns about inspecting these modified structures. The Fire Chief had provided a list of items that would add to the safety of the units. Bringhurst said city utilities would be brought to these units. Lastly, she summarized the conditions listed in the packet. Hornseth asked about the long list of recommended conditions from the Fire Chief. He wondered if that list was based on previous incidents. Gene Minden, applicant, addressed some of the Fire Chief's concerns and said he had no issues with them. He also elaborating on employee dining, dimensions of the rooms, ceiling height, doors and windows, and a hydrostat that senses moisture in the air. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. The resolution was amended to add a new Condition 4 Each unit will have a functioning microwave and refrigerator. 6 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 5, 2025 Volume 8, Page Griswold disagreed with some of the findings. She felt the proposal was not supported by the Comprehensive Plan, OSHA, or the Fire Chief. Main Motion as Amended Passed 4-1 Yes: Sullivan, Verhey, Hornseth, Hubbard No: Griswold Resolution 2025-024, of the Planning and Zoning Commission of the City of Seward, Alaska, recommending Seward City Council and Kenai Peninsula Borough approval of the revised preliminary plat of the property located at 3207 Sorrel Road, creating Spring Creek Park Replat Motion (Sullivan/Hornseth) Approve Resolution 2025-024 Bringhurst explained this was the same replat that the commission approved back in January of 2025. However, when the plat went to KPB for review, they verified the easement belonged to the State of Alaska and was intwined with legal interests. This new resolution would finalize this plat without messing with the State of Alaska's easement. Stacy Wessel, AK Lands, Land Surveying & Real Estate, was available telephonically for the meeting. She confirmed the process of working with the State of Alaska to vacate that easement was an option, but it would take at least a year. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. The commission agreed the revised replat was the best route to take. Hornseth noted it was funny how the easement was such a key discussion point on the initial version. The resolution was amended to delete all instances of the word "park" in the title and resolution. Main Motion as Amended Passed Unanimous Resolution 2025-025, of the Planning and Zoning Commission of the City of Seward, Alaska, recommending Kenai Peninsula Borough approval of the preliminary plat of the property located at 2007 Olympia Road, creating Lots 22-27 Gateway Subdivision 2025 Addition Motion (Hornseth/Hubbard) Approve Resolution 2025-025 Bringhurst summarized from the agenda statement and noted the preliminary plat was pretty straightforward. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. The commission agreed the preliminary plat was indeed very straightforward. Motion Passed Unanimous City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 5, 2025 Volume 8, Page Resolution 2025-026, of the Planning and Zoning Commission of the City of Seward, Alaska, recommending Kenai Peninsula Borough approval of the preliminary plat of Tract 5B-2, Forest Acres Subdivision, Seward Gateway Properties; creating Lots 1-4 and Tract 5B-3, Forest Acres Subdivision, Seward Gateway Properties No. 2 Motion (Sullivan/Hubbard) Approve Resolution 2025-026 Bringhurst summarized from the packet. This resolution involved tract 5B-2 that the commission approved two months ago. The subdivision was all within privately owned land and this replat was the first phase of the two-phase development process. The cul-de-sac was not permanent and intended to be fully connected in the future. Lastly, Bringhurst addressed adequate turnaround space for emergency personnel. The commission discussed floodplain concerns with administration. Bringhurst explained the flood zone development permit and said it would be addressed later in the development. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. The commission discussed the mounds of gravel fill brought in over the years. Griswold motioned to recommend that the applicants confer with the Borough Planning Commission on a new subdivision name that does not contain the word "Gateway," as there are already many unrelated Gateway subdivision names. Hubbard agreed there were a lot of "Gateways" in Seward. Bringhurst noted the word "Gateway" was their business name Wessel clarified the official business names were Seward Gateway Storage and Seward Gateway Properties. The commission approved a recommendation to the applicant on a new name for this subdivision that does not contain the word "Gateway." Motion as Amended Passed Unanimous NEW BUSINESS Other New Business Discuss the need for an enforcement officer [sponsored by Chair Griswold] Meuninck said he had been researching the history of code enforcement in Seward. He noted there were areas where the public may appreciate code enforcement. Griswold said a code enforcement officer could assist with ADA regulations, parking, general code enforcement, fines, complaints, and reduce stress on city staff. City staff does not have time to field complaints, and the only enforcement option is writing letters. Sullivan spoke to her experience of other cities who do have compliance officers and how it 8 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 5, 2025 Volume 8, Page alleviates the burden from city staff in each department. The commission supported a memo to council supporting the code enforcement officer. Discuss request for updates from the KPB Planning Commissioner [sponsored by Chair Griswold] Griswold was interested in hearing updates from the KPB Planning Commission. The current Seward Seat was interested in providing these reports. Bringhurst described what these updates might look like, which included a spreadsheet and a written summary. The commission supported receiving updates from the KPB Planning Commissioner. [Clerk's Note- The current Seward seat on the KPB Planning Commission is Karina England] Discuss work session topic for August 19, 2025: Parking Meuninck wanted more public input on the topic of parking. Griswold felt the summer was too busy for big changes due to locals being so busy. Hornseth said everyone was always busy, and anytime was as good as another. The whole town would not be busy on August 19, 2025. Griswold wanted more input from downtown. She wanted to focus on commercial parking downtown. Hotels and mixed use were the squeaky wheel. The commission supported a work session on parking in commercial zoning districts. INFORMATIONAL ITEMS AND REPORTS Reminder of upcoming P&Z Meetings Work session on Tuesday, August 19, 2025 at 6:00 p.m. in Council Chambers at City Hall Regular meeting on Tuesday, September 2, 2025, at 7:00 p.m. in Council Chambers at City Hall FINAL PUBLIC COMMENTS — None ADMINISTRATION AND COMMISSION COMMENTS AND RESPONSES TO PUBLIC COMMENTS Meuninck thanked everyone for being at the meeting. 9 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes August 5, 2025 Volume 8, Page Sullivan thanked city staff for putting everything together and thanked the commission for taking care of four resolutions by 8:30 p.m. Hubbard thanked Chair Griswold, city staff, and everyone for being at the meeting. She hoped for public participation in the upcoming parking work session. Griswold summarized the four public hearings and the actions taken at the meeting. She appreciated everything who attended and thanked Jamie Crocker for attending her first P&Z regular meeting. Lastly, Griswold thanked the public for attending the meeting. ADJOURNMENT The meeting was adjourned at 8:30 p.m. Kris Peck Carol Griswold City Clerk Chair (City Seal) 10 Resolution Description Approved by Seward P&Z Needs City Council Approval (Y/N) City Council Resolution Number Approved by City Council Initial Approval by KPB Planning Commission Final Approval by KPB 2025-001 Spring Creek Park Replat 1/7/2025 Y 2025-007 2/10/2025 Sent back for revisions (see P&Z Res 2025-024) 2025-002 Fourth of July Park Replat 1/7/2025 Y 2025-008 1/27/2025 Pending 2025-003 Kawabe Park Replat 1/7/2025 Y 2025-012 1/27/2025 4/14/2025 2025-014 Marathon Addn Replat 3/20/2025 Y 2025-039 4/28/2025 Pending 2025-015 Cliff Addition Replat/vacating First Ave 3/20/2025 Y 2025-040 4/28/2025 7/14/2025 2025-016 606 First Ave Replat 5/6/2025 N NA NA 7/14/2025 2025-017 Land Swap Replat 5/6/2025 Y Pending Pending 2025-019 303 Second Ave Replat 6/3/2025 N NA NA No scheduled meeting yet 2025-024 Spring Creek Replat (Revised) 8/5/2025 Y Pending Pending 2025-025 Olympia Road Replat 8/5/2005 N NA NA No scheduled meeting yet 2025-026 Seward Hwy Replat 8/5/2005 N NA NA No scheduled meeting yet 11 Planning and Zoning Agenda Statement Meeting Date: September 2, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2025-027 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council approval of the land use amendment to rezone 2400 Dimond Boulevard, 2400 Birch Street, 2404 Birch Street, 2406 Birch Street, 2411 Spruce Street, 2500 Birch Street, and 2501 Spruce Street, from a Rural Residential (RR) zoning district to a Multi - Family (R3) zoning district Background and justification: Casie Warner, the owner of 2411 Spruce Street, has submitted a Land Use Plan amendment application to rezone seven properties within the Forest Acres Subdivision from Rural Residential to Multi -family Residential. Seward City Code §15.01.035(B)(1) states that an amendment to change zoning and land use district boundaries may be initiated by petition of a majority of the property owners in the area to be amended. Community Development staff discussed this language with the city attorney to clarify that the majority of property owners would be evaluated based on each separate property, even if the property was owned by the same individual. There are a total of 7 properties within the proposed area to be amended, and the applicant has submitted the signatures of 4 property owners, which is the majority of property owners in the area to be amended. Seward City Code §15.01.035(B)(3) also states that "except for an ordinance altering the boundaries of existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the City shall be considered if the area encompassed by the proposed ordinance contains less than one acre." The area of land in the proposed rezone is approximately 3.70 acres. The applicant is requesting this rezone to create more housing opportunities in Seward through potential land subdivisions and/or the development of duplexes, townhouses, or small multi -family dwelling units. Currently, five of the seven properties have been developed for single-family homes. 2500 Birch Street is vacant but partially cleared and is used for private vehicle parking. 2400 Birch Street is vacant and undeveloped. The properties are bounded by Spruce Street, a dead-end road, to the east, Dimond Blvd and Hemlock Avenue to the south, and Birch Street to the west. The primary land uses to the south of the proposed rezone area are residential housing and the Seward Military Resort on Dimond Blvd, and Forest Acres Park and Forest Acres Campground on Hemlock Avenue. The zoning is Rural Residential, Park, and Institutional. The land uses to the east, west, and north are single-family residential housing. The properties to the east of Spruce Street are zoned Multi -family Residential. 12 The properties to the west of Birch Street are zoned Rural Residential and Two-family Residential. The properties to the north are zoned Rural Residential and Resource Management. The setback requirements for the Rural Residential zoning district (RR) and the Multi -family Residential (R3) zoning district are the same: front 20', side 10', and rear 10'. The minimum lot widths are 100' in RR and 60' in R3. The maximum lot coverage is 30% in RR and 40% in R3. The minimum buildable lot size in RR is 20,000 square feet; R3 requires a minimum of 6,000 square feet for a single-family home or duplex and 9,000 square feet for a tri-plex or four-plex. The current square footage of each of the properties within the proposed rezone area is: 2400 Dimond Blvd - 11,761 sf 2400 Birch St - 19,602 sf 2404 Birch St - 30,927 sf 2406 Birch St - 21, 344 sf 2411 Spruce St - 21,344 sf 2500 Birch St - 21,780 sf 2501 Spruce St - 39,204 sf The Seward Comprehensive Plan has a goal to "promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established", as well as to "expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations." Prior to publication, one property owner within the rezone area expressed opposition to the rezone, voicing concerns that the area would become more densely populated, inhibiting the safe, rural neighborhood feel for which they purchased their property. The public notification process was complied with and the appropriate public hearing, as required by Seward City Code § 15.01.040. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2.11 Plan: • "Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established." Vol 1, Chapter 3.2.1.2 — "Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations." Vol 1, Chapter 3.3.1.1 — "Support a range of housing choices that meeting the needs of people in various income and age groups." Vol 1, Chapter 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." Vol 1, Chapter 3.9.1.1 — "Maintain Seward's small town, family -oriented character throughout the growth process." 13 Strategic Plan: N/A Other: Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X Property owners within three hundred (300) feet of the proposed land use amendment were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication, the Community Development Department has received public inquiries. If further correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation Seward City Code 15.01.035B(1)(c) allows an individual to initiate a land use amendment application by petition of a majority of the property owners in the area to be amended if it is altering the boundaries of existing, contiguous zoning districts. Seward City Code 15.01.035C(3) also states that "the commission shall, upon public hearing, forward its written recommendation to the City Council along with all certified minutes and public records relating to the proposed amendment." The City Council may or may not adopt the amendment as a City ordinance [SCC 15.01.035C(5)]. 14 Sponsored by: Applicant Public Hearing: September 2, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-027 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE LAND USE AMENDMENT TO REZONE 2400 DIMOND BOULEVARD, 2400 BIRCH STREET, 2404 BIRCH STREET, 2406 BIRCH STREET, 2411 SPRUCE STREET, 2500 BIRCH STREET, AND 2501 SPRUCE STREET, FROM A RURAL RESIDENTIAL (RR) ZONING DISTRICT TO A MULTI -FAMILY (R3) ZONING DISTRICT WHEREAS, Casie Warner, the owner of 2411 Spruce Street, has submitted a land use plan amendment application to rezone seven properties within the Forest Acres Subdivision from rural residential to multi -family residential; and WHEREAS, Seward City Code §15.01.035(B)(1) states that an amendment to change zoning and land use district boundaries may be initiated by petition of a majority of the property owners in the area to be amended; WHEREAS, the applicant has acquired signatures from 4 of the 7 property owners; and WHEREAS, Seward City Code §15.01.035(B)(3) states that "except for an ordinance altering the boundaries of existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the City shall be considered if the area encompassed by the proposed ordinance contains less than one acre"; and WHEREAS, the total area of land in the proposed rezone is 3.70 acres; and WHEREAS, the proposed rezone would provide the property owners within the area to be amended with more flexibility to subdivide or develop housing such as duplexes, townhomes, and small multi -family dwelling units; and WHEREAS, the Seward Comprehensive Plan advocates to "promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established"; and WHEREAS, the Seward Comprehensive Plan recommends "creating incentives to provide land for housing development within the City of Seward"; and WHEREAS, the Seward Comprehensive Plan advocates to "maintain Seward's small town, family -oriented character throughout the growth process." WHEREAS, the public notification process was complied with and the appropriate public hearing, as required by Seward City Code § 15.01.040. 15 PLANNING AND ZONING COMMISSION RESOLUTION 2025-027 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Planning and Zoning Commission approves Resolution 2025-027 and recommends an Ordinance be forwarded to City Council to approve the land use amendment to rezone Lot CC-2, Forest Acres Resubdivision Lot CC, located at 2400 Dimond Blvd; Lot CC-1, Forest Acres Resubdivision Lot CC, located at 2400 Birch Street; Lot DD, Forest Acres Subdivision, located at 2404 Birch Street; Lot EE-1, Forest Acres Subdivision Williams Addition, located at 2406 Birch Street; Lot EE-2, Forest Acres Subdivision Williams Addition, located at 2411 Spruce Street; Lot FF-1, Forest Acres Subdivision Cox Addition, located at 2500 Birch Street; and Lot FF2, Forest Acres Subdivision Cox Addition, located at 2501 Spruce Street; from a Rural Residential (RR) zoning district to a Multi -Family Residential (R3) zoning district. Section 3. The Planning and Zoning Commission recommends the City Council approve updating the current and future Land Use Maps for these locations from Rural Residential to Multi - Family Residential. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Planning and Zoning Commission this 2nd day of September, 2025. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 16 CITY OF SEWARD P. O. Box 167 410 Adana Street Seward, Alaska 99664 Community Development 907.224.4049 planning@eityofseward.net LAND USE PLAN AMENDMENT - REZONING APPLICATION This completed application is to be submitted to the Community Development Department no later than six (6) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $321 filing fee. Petitioner: �C( s! e 6Uo-t- n.e_.i Address: c '--{ 1 i Sec, 0 C. S.n 2e Se_ ci c-r kV: ci ct Co (a 4./ ! Telephone Number: 6 7 Lig 1 & Lig Email: C Q S { ex L .) NI Gc..t I. •ChM Property Description Address: e_ e Y o.c In-e A Lot: Block: Subdivision: Size of subject area: • s% acres Number of parcels within subject area: Additional Information Located in Historic Overlay District? Yes lI No EK to �i Sn Intended use and/or reason for rezoning: Se_e_ oC1 Does the proposed amendment comply with the Comprehensive Plan? Please list how below. Seward 2030 Comprehensive Plan Volume I: https://www.cityotseward.usfhotnelshowdocmnent?id=1705 Volume II: https://www.cityofseward.uslhome/showdocutnent?id=1707 t'T So e t"rckci' I es-1 17 Does the proposed amendment comply with the Historic Preservation Plan (skip if not within Historic Overlay District) What is the effect of the zoning amendment on the property owners and on the community at large? j E e e P 1 �l�Y E7e.c I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge. 1 understand that this item will be scheduled for action only if all application materials are submitted not less than six (6) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. Applicant Signature: Enclosed: $321 Payment ( ) Map of the subject area ( ) Other: ( ) A map is required to accompany this application. Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE of $321.00 (payable to the City of Seward) to the Community Development Office. Please mark the method through which this Rezone application is being initiated: (SCC 15.01.035 (b)) ( ) By the City Council on its own motion; ( ) By the commission on its own motion; p‹) *By petition of a majority of the property owners in the area to be amended; ( ) *By petition bearing the signatures of 50 registered voters within the City; or ( ) *By petition as provided by the home rule charter of the City. *If the initiated method was through petition, please include the signatures on the page provided or additional pages if needed. 18 200 feet Rezone Application Property Map Context Map Rural Residential Two-family Residential Multi -family Residential Auto Commercial Institutional Resource Management Park RES 2025-027 - Rezoning 2400 Dimond Blvd, 2400 Birch Street, 2404 Birch Street, 2406 Birch Street, 2500 Birch Street, 2411 Spruce Street, and 2501 Spruce Street from rural residential (RR) to multi -family residential (R3) Parcel #s: 14506311, 14506310, 14506306, 14506314, 14506316, 14506315, 14506317 19 Proposed Properties to be Rezoned with Property Owner Support 1. Property Address: 2400 Dimond Blvd Legal Description: T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0760006 FOREST ACRES RESUB LOT CC LOT CC-2 Printed Name: Signature: Date: 2. Property Address: 2400 Birch St Legal Description: T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0760006 FOREST ACRES RESUB LOT CC LOT CC-1 Printed Name: ,d/6.r / de/4'7- Signature: Date:/5`" 3. Property Address: 2404 Birch St Legal Description: T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0000017 FOREST ACRES SUB LOT DD Printed Name: Signature: Date: 4. Property Address: 2406 Birch St Legal Description: T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0840014 FOREST ACRES SUB WILLIAMS ADDN LOT EE-1 Printed Name: Signature: Date: 20 5. Property Address: 2411 Spruce St Legal Description: T 1N R 1 W SEC 34 SEWARD MERIDIAN SW 0840014 FOREST ACRES SUB WILLIAMS ADDN LOT EE-2 Printed Name: Signature: sre (,tariw Date: / r 5 /35 6. Property Address: 2500 Birch St Legal Description: T IN R 1W SEC 34 SEWARD MERIDIAN SW 0960022 FOREST ACRES Printed Name: SUB COX ADDN LOT FF1 r*� d 7- ce Signature: 4 Date: 7. Property Address; 2501 Spruce St Legal Description: T IN R 1W SEC 34 SEWARD MERIDIAN SW 0960022 FOREST ACRES SUB COX ADDN LOT FF2 Printed Name: # epT14 //1/t de4ot ,1d Signature: ,� Date: Property Descriptions for lots to be rezoned: 1. 2400 DIMOND BLVD T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0760006 FOREST ACRES RESUB LOT CC LOT CC-2 2. 2400 BIRCH ST T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0760006 FOREST ACRES RESUB LOT CC LOT CC-1 3. 2404 BIRCH ST T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0000017 FOREST ACRES SUB LOT DD 4. 2406 BIRCH ST T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0840014 FOREST ACRES SUB WILLIAMS ADDN LOT EE-1 5. 2411 SPRUCE ST T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0840014 FOREST ACRES SUB WILLIAMS ADDN LOT EE-2 6. 2500 BIRCH ST T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0960022 FOREST ACRES SUB COX ADDN LOT FF 1 7. 2501 SPRUCE ST T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0960022 FOREST ACRES SUB COX ADDN LOT FF2 Intended use and/or reason for rezoning: The proposed rezoning from Rural Residential (RR) to Multi -Family Residential (R3) addresses Seward's growing need for year-round housing by allowing greater development flexibility. R3 zoning supports duplexes, townhouses, small multi -family buildings, and potential lot subdivision, helping increase housing supply for professionals, families, and essential workers while aligning with the City of Seward's Comprehensive Plan. The subject lots do not currently qualify for the recently approved 48-foot building height allowance, whereas the R3-zoned lots directly across Spruce Street do. Rezoning will create a natural transition from taller R3 buildings to slightly lower -height R3 development, before blending into RR zoning. This supports cohesive neighborhood design while enabling responsible density. One lot is non -conforming with RR lot size requirements. Several of the lots can be subdivided and two remain undeveloped, presenting opportunities to add much -needed housing within the existing urban footprint. The intended use for rezoning from Rural Residential (RR) to Multi -Family Residential (R3) is to address the growing housing shortage in Seward by enabling more year-round housing options. As it stands, the housing market has become increasingly difficult for professionals and families hoping to establish themselves in our community. R3 zoning provides property owners with greater development flexibility, including the ability to construct duplexes, townhouses, or small multi -family buildings, or to 22 subdivide lots for additional housing. This aligns with the goals of the City of Seward's Comprehensive Plan and directly supports our local workforce, businesses, and overall economic stability by increasing housing supply in a thoughtful and community -centered way. Additionally, the Planning and Zoning Commission and City Council have approved a building height allowance of 48 feet for properties north of Hemlock and east of Spruce. This adjustment would allow property owners in the area to responsibly develop multi -family units that maximize available space, helping Seward meet critical housing demands while maintaining the character of our residential neighborhoods. Does the proposed amendment comply with the Comprehensive Plan? The proposed rezoning from Rural Residential (RR) to Multi -Family Residential (R3) directly supports and aligns with several objectives of the Seward 2030 Comprehensive Plan, particularly those outlined in Volume I, Section 3.2 "Land Use" (page I-13) and Section 3.3 "Housing" (page I-14). The plan encourages updates to zoning regulations to reflect modern community needs and promote housing diversity. One of the key objectives under the housing section is to "encourage the development of a variety of housing types to meet the needs of all residents", a directive that clearly supports the increased density and flexibility R3 zoning provides. By enabling the construction of duplexes, townhouses (with a CUP), and accessory dwelling units, this rezoning meets the plan's goal to provide "opportunities for infill and redevelopment" in existing neighborhoods (Volume I, page I-14). The Comprehensive Plan emphasizes land use strategies that support orderly growth and "balanced development that is driven by community consensus in conformance with the land use plan" (Volume I, Section 2.2.10, page I-10). Rezoning these lots not only mirrors the existing R3 zoning directly across the street but also fits within a broader land use vision for more sustainable and adaptable neighborhoods. With the City's building height increase to 42 feet for properties north of Hemlock and east of Spruce, aligning the zoning of these properties with R3 would allow property owners to fully utilize their properties full potential. This action would help support the Plan's stated commitment to maximizing land efficiency and addressing the local housing shortage through "increased housing opportunities within the existing urban fabric" (Volume II, Section 7.1, page 11-20). These references demonstrate that the proposed amendment is not only consistent with, but actively advances, the long-range goals outlined in the Seward 2030 Comprehensive Plan. 23 What is the effect of the zoning amendment on the property owners and on the community at large? The proposed zoning amendment from Rural Residential (RR) to Multi -Family Residential (R3) would allow the property owners involved by granting them greater flexibility in how they use and develop their land. Property owners would be able to construct duplexes, townhouses (with a Conditional Use Permit), or multi -family units depending on the size of their lots. This expanded use potential makes the undeveloped properties more viable for the property owners to develop, particularly in a community where demand for long-term housing far exceeds supply. In addition, property owners could choose to subdivide larger lots, allowing for the construction of an additional home or unit that can support family expansion and rental income. For the community at large, the amendment addresses a pressing issue in Seward: the lack of available, year-round housing. The current housing shortage has made it increasingly difficult for professionals, essential workers, and families to find a place to live, which in turn affects the ability of local employers to recruit and retain staff. Allowing for greater housing density through R3 zoning is a step toward creating a more resilient and inclusive community. It encourages responsible growth within existing neighborhoods, promotes infill development, and utilizes existing city infrastructure without expanding into untouched natural spaces. Aligning with Seward's broader goals for sustainable development. Additionally, aligning zoning regulations north of Hemlock and east of Spruce with the 48-foot building height consideration will ensure that properties in this area can be developed in accordance with evolving city policies. This would not only maximize the use of available land but also support thoughtful design and construction of multi -unit buildings that fit within the residential character of the neighborhood. With these changes, the community benefits from increased housing supply and stronger neighborhood vitality. While still maintaining safeguards, such as owner -occupancy rules for short-term rentals, that preserve the integrity of Seward's small-town character. 24 25 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE T aiThe Cvc(6(-- , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on j 0 0 Oaf she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of 2400 Dimond Blvd, 2400 Birch Street, 2404 Birch Street, 2406 Birch Street, 2411 Spruce Street, 2501 Spruce Street, and 2500 Birch Street, as prescribed by Seward City Code 15.01.040. Affirmed and signed this 00 day of 2025. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, VAS (/a r r nr , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 on the property located at 2400 Dimond Blvd, 2400 Birch Street, 2404 Birch Street, 2406 Birch Street, 2411 Spruce Street, 2501 Spruce Street, and 2500 Birch Street, the owners of which have petitioned for a Public Hearing to Rezone the properties from a Rural Residential Zoning District to a Multi -Family Residential Zoning District. The notice was posted on RU )5 oe-)0 5 , which is ( j 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 N_ u , 2025. [2( Signature 27 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, \m,Q ko v , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 on the property located at 2400 Dimond Blvd, 2400 Birch Street, 2404 Birch Street, 2406 Birch Street, 2411 Spruce Street, 2501 Spruce Street, and 2500 Birch Street, of which a petition for a Public Hearing to Rezone the properties from a Rural Residential Zoning District to a Multi -Family Residential Zoning District was submitted. The notice was posted on _ 24 aO 1 ao�S , 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. Affirmed and signed thisQC day of v - , 2025. CLIVVW Signature 28 Planning and Zoning Agenda Statement Meeting Date: September 2, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2025-028, of the Planning and Zoning Commission of the City of Seward Alaska, recommending City Council amend Seward City Code § 15.10.140 Definitions for animal shelter and veterinary hospital and § 15.10.226 Land Uses Allowed Table for veterinary hospital Background and justification: A veterinary hospital located in Soldotna, Alaska has been offering temporary and limited veterinary services to animals as a mobile medical unit through the Seward Animal Shelter located at 601 Sea Lion Avenue. This property is zoned Institutional. An animal shelter is allowed in the Institutional and Resource Management zoning districts by conditional use permit and in the Industrial zoning district outright. A veterinary hospital, however, not allowed in the Institutional zoning district. It is allowed in the Auto Commercial, Industrial, and Resource Management zoning districts by conditional use permit. This situation has provided the City with an opportunity to review the Land Uses Allowed Table to expand the options to include the Institutional zoning district for permanent veterinary services within Seward. The Commission held a work session on July 15, 2025 to discuss veterinary hospitals within Title 15. During this work session, the Commission recommended amending the definition for veterinary hospitals and allow their use in the Institutional zoning district. During the discussion, the Commission also recommended adding a definition for animal shelter since it is not defined in city code, but is a listed use on the Land Uses Allowed Table. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.1 — Economic Development Plan: • 3.1.1 — "Attract new business and industry to the greater Seward area." • 3.1.1.4 — "Support private sector business, employment, and programs." o "Support and encourage the growth of business." Strategic Plan: N/A Other: N/A 29 The public hearing posting requirements of Seward City Code § 15.01.040(A)(1) were complied with. At the time of this publication, the Community Development Department has not received public inquiries that have been forwarded to the Commission. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation If the Commission is in favor of the amendments, SCC 15.01.035B(1)(b) gives the Commission power to provide a recommendation to City Council to amend Seward City Code § 15.10.140 Definitions for animal shelter and veterinary hospital and § 15.10.226 Land Uses Allowed Table for veterinary hospital as outlined in the attached Ordinance 2025-XXX. 30 Sponsored by: Planning and Zoning Commission Public Hearing: September 2, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-028 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AMEND SEWARD CITY CODE §15.10.140 DEFINITIONS FOR ANIMAL SHELTER AND VETERINARY HOSPITAL AND §15.10.226 LAND USES ALLOWED TABLE FOR VETERINARY HOSPITAL WHEREAS, according to Seward City Code § 15.01.035B(1)(b), the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, the Commission held a work session on July 15, 2025 to discuss veterinary hospitals within Title 15; and WHEREAS, the Commission recommended amending the definition of Veterinary Hospital; and and WHEREAS, there are currently no permanent veterinary hospitals operating in Seward; WHEREAS, a veterinary hospital is allowed with a Conditional Use Permit (CUP) in the Auto Commercial, Industrial, and Resource Management zoning districts; and WHEREAS, the Land Uses Allowed Table should ensure that there are options for suitable locations for permanent veterinary services; and WHEREAS, an animal shelter is allowed outright in the Industrial zoning district and with a CUP in Resource Management and Institutional zoning districts; and WHEREAS, there is no definition for animal shelter within Title 15. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The Commission recommends Ordinance 2025-XXX attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon adoption. 31 CITY OF SEWARD, ALASKA RESOLUTION 2025-028 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd day of September, 2025. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 32 Sponsored: Sorensen Introduction: September XX, 2025 Public Hearing: October XX, 2025 Enactment: October XX, 2025 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE §15.10.140 DEFINITIONS FOR ANIMAL SHELTER AND VETERINARY HOSPITAL AND §15.10.226 LAND USES ALLOWED TABLE FOR VETERINARY HOSPITAL WHEREAS, according to Seward City Code §15.01.035 B(1)b, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, the Commission held a work session on July 15, 2025 to discuss veterinary hospitals within Title 15; and and WHEREAS, there currently are no permanent veterinary hospitals operating in Seward; WHEREAS, a veterinary hospital is allowed with a Conditional Use Permit (CUP) in the Auto Commercial, Industrial, and Resource Management zoning districts; and WHEREAS, animal shelters are allowed in the Institutional zoning district but not a veterinary hospital; and WHEREAS, the Commission recommended that veterinary services should be allowed in Institutional zoning district in the Land Uses Allowed Table to ensure that there are options for suitable locations for permanent veterinary services; and WHEREAS, the Commission recommended amending the definition of Veterinary Hospital to better describe the services and scope; and WHEREAS, an animal shelter is listed in the Land Uses Allowed Table but there is no definition for animal shelter within Title 15; and WHEREAS, the Commission approved Resolution 2025-028 on September 2, 2025, recommending the City Council approve the proposed changes. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: 33 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Section 1. Seward City Code Title 15.10.140B Specific Definitions is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 7. Animal shelter. A facility operated by or under contract with a municipality for the purpose of temporary impoundment, care, quarantine, placement for adoption, and other services for any animal abandoned, lost, surrendered, seized, or otherwise subject to impoundment accordinji to law. Includes animal control shelter. 107.106. Veterinary services hospital. The provision of professional medical care to animals by licensed veterinarians, and other services to animals, A facility, which may include animal care, jroominz, and runs, in which veterinary services are rendered to animals and domestic pets and which may include clipping, bathing, boarding in a permanent facility, and other services. Includes veterinary clinic. Section 2. Seward City Code Title 15.10.226 Land Uses Allowed Table is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): TABLE Zoning District Designations 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 34 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Table 15.10.226. Land Uses Allowed Key: O — Use Permitted Outright H — Home Occupation C — Use Requires Conditional Use Permit P — Use Requires Administrative Permit Blank — Use Prohibited Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Veterinary services C 0 E 0 CO O hesPital Section 3. This ordinance shall take effect ten (10) days upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the XX day of October, 2025. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 35 Planning and Zoning Agenda Statement Meeting Date: September 2, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2025-029 of the Planning and Zoning Commission of the City of Seward Alaska, recommending City Council amend Seward City Code § 15.10.140 Definitions for dwelling, apartment, commercial building and mixed -use development and Table § 15.10.226 Land Uses Allowed for dwelling, apartment in a commercial building Background and justification: During Planning and Zoning Commission work sessions over the past year, housing and parking issues were frequently discussed. A recurring concern was the lack of clarity in the Seward City Code regarding regulations for mixed -use buildings and mixed -use development. Currently, the Code does not include a definition for "mixed -use buildings" or "mixed -use development." Although mixed -use developments are permitted within the zoning code, their allowance is determined by whether the individual uses are permitted within the zoning district where the development is proposed. References to mixed -use development appear in the Land Uses Allowed Table and the parking code, but these provisions are fragmented and would benefit from greater consistency and clarity. For example, "Dwelling, apartment in a commercial building (two or more units)" are permitted outright in the Office Residential and Auto Commercial zoning districts, while they require a Conditional Use Permit (CUP) in the Central Business and Harbor Commercial zoning districts. Additionally, the parking code outlines regulations for "group use of lots," which further impacts mixed -use projects. Public feedback during these discussions highlighted particular concern with the regulations for apartments in commercial buildings within the Central Business District. Because these projects require a CUP and face ambiguous parking requirements, it is difficult for developers to plan with certainty. Without a clear standard, a developer cannot determine how many apartment units may be feasible, as the Commission has broad discretion in requiring parking as a condition of approval. This creates significant financial and regulatory uncertainty, which discourages development. It was also noted that many existing apartments in commercial buildings within the Central Business District are considered "nonconforming," as they were constructed prior to the CUP requirement. If one of these buildings were destroyed, a CUP would now be required for reconstruction, and the owner would face the same uncertainty as a new developer, with no assurance the building could be rebuilt in its prior form. On July 15, 2025, the Planning and Zoning Commission held a work session, which included discussing mixed -use development and apartments in commercial buildings. The Commission's discussion focused primarily on establishing clear definitions for "mixed -use buildings" and 36 "mixed -use development" and clarifying its treatment within the Land Uses Allowed Table. Parking requirements associated with mixed -use buildings and mixed -use developments were set aside to be addressed later in the context of the broader parking code review already underway. The effect of the proposed legislation would be to: • Establish a definition of mixed -use development in the Seward City Code. • Permit apartments in mixed -use buildings outright in the Central Business and Harbor Commercial zoning districts. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2 — Community Values Plan: • 2.2.8 — City Government: "Continue to review and update the city code." • 2.2.10 — Land Development: "Ensure all adopted codes reflect community values." • 2.2.11— Economic Base: "Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established." Vol 1, Chapter 3.2 — Land Use • 3.2.1.2 — "Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations." Vol 1, Chapter 3.3 — Housing • 3.3.1.1 — "Support a range of housing choices that meet the needs of people in various income and age groups." • 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." Strategic Plan: N/A Other: N/A The public hearing posting requirements of Seward City Code §15.01.040(A)(1) were complied with. At the time of this publication, the Community Development Department has not received public inquiries that have been forwarded to the Commission. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation The proposed amendments to Title 15 have been reviewed thoroughly by staff, the Commission, and the public in various work sessions. If the Commission is in favor of the amendments, § 15.01.035 gives the Commission power to provide a recommendation to City Council to amend Seward City Code § 15.10.140 Definitions for mixed -use development and § 15.10.226 Land Uses Allowed Table for apartments in a mixed -use building as outlined in the attached Ordinance 2025-XXX. 37 Sponsored by: Planning and Zoning Commission Public Hearing: September 2, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-029 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AMEND SEWARD CITY CODE §15.10.140 DEFINITIONS FOR DWELLING, APARTMENT, COMMERCIAL BUILDING; AND MIXED - USE DEVELOPMENT AND TABLE §15.10.226 LAND USES ALLOWED FOR DWELLING, APARTMENT IN A COMMERCIAL BUILDING WHEREAS, according to Seward City Code §15.01.035B(1)(b), the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, during Planning and Zoning work sessions discussing housing and parking issues, concerns regarding the lack of clarity for mixed -use buildings and mixed -use developments arose; and WHEREAS, there are no definitions in the Seward City Code for mixed -use buildings or mixed -use development; and WHEREAS, the Land Uses Allowed Table allows two or more apartments in a commercial building outright in Office Residential and Auto Commercial zoning districts, and requires a Conditional Use Permit in the Central Business and Harbor Commercial zoning district; and WHEREAS, requiring a Conditional Use Permit in the Central Business zoning district for mixed -use buildings would create several non -conforming structures; and WHEREAS, the Planning and Zoning Commission held a work session on July 15, 2025 to discuss mixed -use developments and apartments in mixed -use buildings and recommend changes; and WHEREAS, the proposed code change is consistent with values and goals expressed in the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The Commission recommends Ordinance 2025-XXX attached and incorporated herein by reference, be forwarded to City Council for approval. 38 CITY OF SEWARD, ALASKA RESOLUTION 2025-029 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd day of September, 2025. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 39 Sponsored: Sorensen Introduction: September XX, 2025 Public Hearing: October XX, 2025 Enactment: October XX, 2025 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE §15.10.140 DEFINITIONS FOR DWELLING, APARTMENT, COMMERCIAL BUILDING; AND MIXED -USE DEVELOPMENT AND TABLE §15.10.226 LAND USES ALLOWED FOR DWELLING, APARTMENT IN A COMMERCIAL BUILDING WHEREAS, according to Seward City Code § 15.01.035, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, during Planning and Zoning work sessions discussing housing and parking issues, concerns regarding the lack of clarity for mixed -use buildings and mixed -use developments arose; and WHEREAS, there are no definitions in the Seward City code for mixed -use buildings or mixed -use development; and WHEREAS, the Land Uses Allowed Table allows two or more apartments in a commercial building outright in Office Residential and Auto Commercial zoning districts, and requires a Conditional Use Permit in the Central Business and Harbor Commercial zoning district; and WHEREAS, requiring a Conditional Use Permit in the Central Business zoning district for mixed -use buildings would create several non -conforming structures; and WHEREAS, the Planning and Zoning Commission held a work session on July 15, 2025 to discuss mixed -use developments and apartments in mixed -use buildings and recommend changes; and WHEREAS, the proposed code change is consistent with values and goals expressed in the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission approved Resolution 2025-029 on September 2, 2025, recommending the City Council approve the proposed changes in code. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: 40 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Section 1. Seward City Code Title §15.10.140 Definitions is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: 31. Dwelling. A building designed or used exclusively as living quarters for one or more families. c. Apartment, commercial mixed -use building. An apartment located within a building designed to accommodate a mix of residential and commercial non- residential uses. 58. Mixed -use development. A development that combines two or more land uses permitted in the zoning district, such as residential, commercial, and/or public uses in a single building and/or on a single site. Section 2. Seward City Code Title 15.10.226 Land Uses Allowed Table is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): TABLE Zoning District Designations 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 41 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX INS = Institutional, public, quasi -public uses P = Parks Table 15.10.226. Land Uses Allowed Key: O — Use Permitted Outright H — Home Occupation C — Use Requires Conditional Use Permit P — Use Requires Administrative Permit Blank — Use Prohibited Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR RI R2 R3 UR OR AC HC CB I RM INS P Dwelling, attached accessory dwelling unit 0 0 0 0 0 0 0 C Dwelling, detached accessory dwelling unit 0 0 0 0 0 0 0 C Dwelling, apartment in a mixed -use O O O O O C commercial building (limited to one unit) Dwelling, apartment in a mixed -use O O O C O C commercial building (two or more units) Dwelling, apartment, studio CCCCC C Dwelling, attached single-family, i.e., townhouse, row CCCCCC C 42 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR Rt R2 R3 UR OR AC HC CB I RM INS P Dwelling, condominium CC C C C C C Dwelling, detached single-family 0 0 0 0 0 0 0 C C Dwelling, group home O O O O O O C Dwelling, guest house 0 0 C Dwelling, multi- family (3 or more units) CCCCCC C Dwelling, two- family or duplex O O O O O C C Dwelling, 0 C watchman or caretaker Section 3. This ordinance shall take effect ten (10) days upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the XX day of October, 2025. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 43 Planning and Zoning Agenda Statement Meeting Date: September 2, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2025-030 of the Planning and Zoning Commission of the City of Seward Alaska, recommending the City Council amend Seward City Code § 15.20 Signs Background and justification: Temporary signage has historically been difficult to interpret and enforce under the existing Seward City Code. The majority of complaints have related to "feather signs," which were not defined in the Code and had been treated as similar to banners or flags, despite being distinct types of signage. Past enforcement practices generally prohibited feather signs, and members of the public have repeatedly expressed concerns to the Community Development Department that such signs are unattractive and distracting to motorists. Additional concerns raised by the community included the regulation of temporary, off -premises signage on City property and inconsistencies in the regulation of awnings. To address these issues, the Community Development Department conducted work sessions with the Planning and Zoning Commission on July 11, 2023; August 15, 2023; and January 23, 2024. These sessions focused on clarifying how temporary signage, awnings, and other signage types not currently addressed in the Code should be regulated. On April 4, 2024, Resolution 2024-007, which recommended amending Seward City Code (SCC) 15.20 — Signs, was removed from the Planning and Zoning Commission agenda during the approval of the agenda. A subsequent work session on April 16, 2024, was held to discuss the removal and to further refine the scope of proposed amendments. At that time, the Commission recognized that the revisions had grown too broad and that a simplified update was necessary. The Commission also emphasized the importance of ensuring that the Seward sign code complies with the U.S. Supreme Court ruling in Reed v. Town of Gilbert. Following that work session, the City Attorney conducted a legal review of the Seward sign code to ensure compliance with Reed v. Town of Gilbert and provided recommended edits. These legal recommendations, along with the previously identified amendments related to temporary signage and awnings, are incorporated into the attached Ordinance The effect of the proposed legislation would be to: • Update sign code language to ensure compliance with the Reed v. Town of Gilbert Supreme Court ruling. • Revise definitions for various types of signage. • Amend regulations for temporary signage. 44 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive 2.2.8 — City Government Plan: • "Continue to review and update the city code." 2.2.10 — Land Development • "Ensure all adopted codes reflect community values." 3.2.1.1 • "Ensure uniform and consistent enforcement of the zoning code, building code, subdivision ordinance, and city lease agreements, and evaluate potential code changes to make enforcement easier." Strategic Plan: N/A Other: N/A Recommendation The proposed amendments to Title 15 have been reviewed by the city attorney and staff. The Commission and the public have also had various work sessions on the topic to provide input. If the Commission is in favor of the amendments, Seward City Code § 15.01.035 gives the Commission power to provide a recommendation to City Council to amend Seward City Code Chapter § 15.20 Signs as outlined in the attached Ordinance 2025-XXX. 45 Sponsored by: Planning and Zoning Commission Public Hearing: September 2, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-030 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL AMEND SEWARD CITY CODE §15.20 — SIGNS WHEREAS, according to Seward City Code §15.01.035, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, the regulation and use of signs has a direct impact on the feel and character of a community; and WHEREAS, various regulations within the sign code were vague or undefined, which was creating difficulty for interpretation and enforcement; and WHEREAS, Community Development had received various complaints and concerns regarding the current regulations of temporary signage and awning signs; and WHEREAS, the Planning and Zoning Commission held work sessions on July 11, 2023, August 15, 2023, and January 23, 2024 to review the sign code and recommend changes; and WHEREAS, on April 4, 2024 Resolution 2024-007 recommending City Council amend Seward City Code 15.20 — Signs was removed from the Planning and Zoning Commission agenda during the approval of the agenda; and WHEREAS, the Planning and Zoning Commission held another work session on April 16, 2024 to discuss compliance with current Supreme Court rulings regarding sign discrimination and what other changes needed to be made to the sign code; and WHEREAS, it was recognized that the revision of the sign code had expanded beyond the initial scope and that recommended amendments should be simplified; and WHEREAS, the city attorney has reviewed the Seward sign code to verify its compliance with the Reed v. Town of Gilbert Supreme Court ruling, and provided recommended edits, which are included in the attached Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: 46 CITY OF SEWARD, ALASKA RESOLUTION 2025-030 Section 1. The Commission recommends Ordinance 2025-XXX attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd day of September, 2025. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 47 Sponsored: Sorensen Introduction: September XX, 2025 Public Hearing: October XX, 2025 Enactment: October XX, 2025 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE CHAPTER §15.20 — SIGNS WHEREAS, according to Seward City Code § 15.01.035B(1)(b), the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, the regulation and use of signs has a direct impact on the feel and character of a community; and WHEREAS, various regulations within the sign code were vague or undefined, which was creating difficulty for interpretation and enforcement; and WHEREAS, Community Development had received various complaints and concerns regarding the current regulations of temporary signage and awning signs; and WHEREAS, the Planning and Zoning Commission held work sessions on July 11, 2023, August 15, 2023, and January 23, 2024 to review the sign code and recommend changes; and WHEREAS, on April 4, 2024 Resolution 2024-007 recommending City Council amend Seward City Code 15.20 — Signs was removed from the Planning and Zoning Commission agenda during the approval of the agenda; and WHEREAS, the Planning and Zoning Commission held another work session on April 16, 2024 to discuss compliance with current Supreme Court rulings regarding sign discrimination and what other changes needed to be made to the sign code; and WHEREAS, it was recognized that the revision of the sign code had expanded beyond the initial scope and that recommended amendments should be simplified; and WHEREAS, the city attorney has reviewed the Seward sign code to verify its compliance with the Reed v. Town of Gilbert Supreme Court ruling, and provided recommended edits, which are included in the attached Ordinance; and WHEREAS, on September 2, 2025 the Planning and Zoning Commission approved Resolution 2025-030 recommending City Council amend Seward City Code Chapter § 15.20 Signs. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: 48 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Section 1. Seward City Code Chapter § 15.20 Signs is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): Chapter 15.20. Signs 15.20.010 Purpose and scope. It is the purpose of this chapter to promote: A. The protection of the health, safety, property and welfare of the citizens of Seward, and aesthetics of the community; B. Commercial and civic communications that accommodate the need of the community to convey information to the public; C. The protection and enhancement of the historic charm and natural beauty, and the visual character and identity of the community, by the thoughtful placement and design of signs; D. Flexibility and incentive for creative and innovative sign designs; E. The proper maintenance of signs; and F. Consistency with the goals and objectives of the Seward Comprehensive Plan. (Ord. 98-02) 15.20.015 Definitions. For purposes of this section, the following definitions pertaining to signs shall apply: Abandoned sign. A sign or sign structure which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found. Animated sign. Any sign which uses movement or change of lighting to depict action or to create a special effect or scene. Awning A structure projecting beyond a building wall at an entrance to a building, or extending along and projecting beyond the building's wall, composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable. Banner. A temporary sign made of fabric or similar nonrigid material with no enclosing framework, but secured to a solid structure at all four corners. Banners do not include Flags as defined by this Chapter. National flags, state or municipal flags, or the official flag of any institution or non commercial organization shall not be considered banners. Building marker. Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material. 49 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Construction sign. A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Directional sign. A sign containing no advertising, and designed to direct, inform or guide pedestrian or vehicular traffic to a location, place or convenience parking, drive through window, restrooms. Electricals n „ lit „t ; otion by f electrical r Facade (false front). A false, superficial or artificial facing on a building, given special architectural treatment. It may or may not be part of the structural wall. Feather sign. Any temporary, portable, animated sign made of lightweight materials that is prone to move in the wind, and that contains a pole or staff that is driven into the ground or supported by means of an individual stand. This definition includes such signs of any shape including flutter, bow, teardrop, rectangular, shark, and U-shaped. Flag. A piece of cloth or similar material, attached at one edge to a pole and used as the symbol or emblem of a country or institution, or as a marker or signal; and in no way can be construed as advertising. Flashing sign. A sign which contains an intermittent or sequential flashing light source. Freestanding sign (pole, monument or ground sign). A permanently mounted, self- supporting sign supported from the ground by means of poles, standards, or any other type of base. 111u inated s n v illu inat d in any manner by an artificial light source. Incidental sign. A sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or sign indicating hours of business. Identification sign. A nonelectric sign limited to the name, address and/or occupation of an occupant or group of occupants. Indirect illumination. Use of lights which are shielded from public view, to indirectly project illumination onto a sign which is, itself, not internally lit. Inflatable sign. A temporary sign filled by air or other gas and designed to be tethered to the ground. Marquee (canopy or awning). A permanent roof -like structure projecting beyond a building wall at an entrance to a building, or extending along and projecting beyond the building's wall, and generally designed to provide protection against the weather. Marquee sign. A sign that is a part of or attached to a marquee. Nameplate. A nonelectric sign limited to the name and address of an occupant or group of occupants. Nonconforming sign. Any sign which was legally erected, but does not now conform to the regulations of this chapter. 50 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Off -premises sign (billboard). A sign or structure which advertises a business, person, product, activity or service not on or offered on the property on which subject sign is located, also known as a billboard, off -site, or outdoor advertising sign. On -premises sign. A sign which pertains to the use of the premises on which it is located. Parapet. The extension of a false front or wall above a building roofline Pennant. Triangular, swallow-tailed, or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind. Point of purchase display. Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser. Politicals ^ tem„orang e f the purpese-of wig, premoting or endorsing a political candidate, party initiative, issue, referendum or ballot proposition. Portable sign. A sign that is not attached to any building or structure. It may readily be picked up and moved from one location or another. It may be with or without its own wheels. Projecting sign (fin or right angle sign). A sign affixed to any building or structure, the edges of which extend perpendicularly beyond such building wall. Readerboard sign (bulletin board). A sign face consisting of tracks to hold readily changeable letters, allowing frequent changes of copy. upon which the sign is placed. Roof sign. Any sign erected over or on the roof of a building. Roofline. Either the edge of the roof which is the junction of the roof and the perimeter wall of the structure, or the peak or ridge line, whichever forms the line of the building silhouette. Sign. Any device fixed to, painted on, or incorporated into the building surface; displayed from or within a building or structure; or free-standing upon the site, and which is (a) visible from a public right-of-way and (b) designed to convey or direct a message to the public concerning the identification of the premises or to advertise or promote the interests of any private or public firm, person or organization. Sign area. The area of all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, but excluding any supporting framework and bracing which are solely incidental to the display itself provided the same do not contain any lettering, wording, designs, or symbols. When two identical signs faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure, only one side shall be considered for the purpose of calculating total sign area. Sign height. The vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and a level plane going through the nearest point of the improved public right-of-way, other than an alley. In the event a sign is equidistant from more than one improved public right-of-way, none of which are alleys, the highest point shall be used. 51 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Sign, sandwich board (also V-shaped). Signs erected upon common or separate structures which present a V-shape appearance and having an exterior angle between faces of not more than 45 degrees with a distance between faces of such signs at their closest point not exceeding two feet. Sign structure. A structure which supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. If a "support" is "internally or decoratively illuminated," then it is counted as a sign and must conform to this chapter. Snipe sign. A temporary sign illejially placed in the public rijiht-of-way or on a property that is not the site of the business or event or poster affixed to a tree, fence or utility pole. Special events sign. Signs that announce a civic, cultural, unique or random event. Street frontage. The length of a property line that borders a public right-of-way which provides the principal means of access. Alleys, public parking lots, emergency access and/or pedestrian easements are not generally considered as public rights -of -way for purposes of this definition. Suspended sign. A sign that is suspended beneath a canopy, ceiling, roof, or marquee. Temporary sign. Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light material with or without frames, intended to be displayed for a short period of time only and not permanently fixed to any building or structure. Traffic sign (safety sign). A sign which functions primarily to provide for the efficient, safe and orderly flow of traffic. Wall sign. A sign painted, mounted or otherwise affixed to the wall of a building or structure, parallel to the building, and confined to the limits of outside wall, which includes windows and doors. exterior of the building. The term does not include merchandise. (Ord. 98-02; Ord. 99-16, § 5, 1999; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.020 Administration and enforcement. A. Except as provided herein, it shall be unlawful to display, erect, relocate or alter any sign without the property owner first filing with the Aadministrative Oofficial, as defined under section 15.01.015, a written application and obtaining a sign permit. B. When a sign permit is issued by the Aadministrative Oofficial, it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of said permit without prior approval of the Aadministrative Oofficial. A written record of such approval 52 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX shall be entered upon the original permit application and maintained in the files of the Aadministrative °official. C. A sign permit shall become null and void if the work for which the permit was issued has not been completed within six months of its issuance. Before such work can be recommenced, a new permit to do so shall first be obtained, and the fee shall be one-half the amount required for a new permit. D. Fees shall be set by resolution of the City Council. E. Issuance of a certificate of occupancy for each new facility using a sign for identification or advertising shall be contingent upon approval of a sign permit. F. Exceptions: 1. Painting, repainting or cleaning of a sign or the changing of copy or message thereon shall not be considered an erection or alteration which requires a sign permit, unless structural change is made. 2. Other specific exceptions are listed under signs allowed without permits. (Ord. 98-02; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.021 Measurement standards. The following regulations shall control the computation and measurement of sign area and sign height: A. The sign area shall include the face of all the display area(s), the sign frame, the structural support, and any attendant construction of the sign, except as follows: 1. Structural support that is located below the sign face area and its accompanying frame, does not contain a message other than the street number in conformance with SCC $12.01.020, and is clearly distinguishable from the sign face area, shall not be considered sign area. B. For a sign that is framed, outlined, painted, or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of not more than three geometric shapes that encompass the entire area of the sign including the background or frame. C. For a sign comprised of individual letters, figures, or elements on a wall or similar surface of a building or structure, or an irregular shaped freestanding sign, the area of the sign shall be the area of not more than three regular geometric shapes that encompass the perimeter of all the elements in the display. D. For freestanding and projecting signs the sign area shall be computed by the measurement of one of the faces when two display faces are joined, are parallel, or are within 30 degrees of being parallel to each other and are part of the same sign structure. For any sign that has two display surfaces that do not comply with the above regulation, or has more than two display surfaces, then each surface shall be included when determining the area of the sign. 53 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX E. The height of a freestanding sign shall be measured from the elevation of the edge of the public right-of-way immediately adjacent to, or nearest the sign structure, to the highest point of the sign, its frame, or decorative features. (Ord. No. 2019-002, § 1, 1-28-2019) 15.20.025 Requirements applicable to all signs. The following provisions shall apply in all zoning districts to all signs governed by this ordinance, subject to the specific regulations in each zoning district: A. Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply. B. In matters of unspecified uses or clarification, the Aadministrative °official shall make determinations. C. Except when approved by the administrative official City Council for civic purposes, signs are considered an accessory use on a lot. Only signs identified under section 15.20.030 are allowed on vacant lots. D. Signs containing non-commercial speech are permitted anywhere business signs are permitted and are subject to the same regulations applicable to such signs. E. All signs, including signs heretofore installed, and the area around the base of each freestanding sign, shall be constantly maintained in a state of security, safety and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign within five days after receiving notice from the administrative official. F. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid glare or reflection of light on private or public property in the surrounding area and so as to avoid distracting pedestrians and motorists. G. In those cases where a business or institution has frontage on more than one street, signs are allowed on each street frontage, provided they are in conformance with applicable district regulations, and that frontage limits are not combined. H. The symbol, slogan or national trademark of a national brand beverage or other product that is sold on the premises shall not comprise more than 25 percent of the total area of the sign. National brand logo signs designed to hang in a window and not exceeding four square feet, and signs advertising products that form the bulk of the business transaction, are exempted from this provision. J. No sign shall be located so as to physically obstruct any door, window or exit from a building or be hazardous to a motorist's ingress and egress from any public or private parking area. K. Signs used seasonally are to be included in the total square footage of sign area allowed for that district. 54 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX L. In no case shall any portion of a sign attached to a building exceed the maximum allowable building height limit, or more than four feet above the roof line, facade or parapet height, whichever is less. M. No sign shall exceed the roofline of a building within any historic district. N. Freestanding signs are subject to the following limitations: 1. Maximum height of 20 feet or the height of the building, whichever is less; 2. One per parcel; 3. Only allowed within front yards or side yards which are adjacent to a street. O. No readerboard sign may exceed 32 square feet per side; changeable letters of such signs must be adequately secured against wind loss, and each readerboard sign must be one of the following: 1. A wall sign; 2. A marquee sign; 3. A freestanding sign within a structural framework. P. Except in the central business district (CBD) zone and along the west side of Fourth Avenue between North and South Harbor Streets, no sign, except temporary street banners, shall project into the airspace above any right-of-way or sidewalk. Projecting signs (fin or right angle signs) are subject to the following limitations: 1. One per pedestrian entrance; 2. Maximum height of 20 feet or the height of the building, whichever is less; 3. Shall not extend over a public sidewalk in excess of the width of the sidewalk; 4. Shall maintain a clear vertical distance above the nearest grade by a minimum of eight feet. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) Q. 15.20.030 Signs allowed without permits. The following signs are not subject to a permit requirement if the following standards are met. They shall be regulated by the following size and placement standards and shall not be included when calculating permitted sign area for any building or parcel. If a proposed sign exceeds the limits of this section, a sign permit must be obtained and the signage must count toward the total allowed signage for the building or parcel. A. Nameplates not exceeding two square feet and building markers; B. Standard flags and insignia of government, religious, civic, charitable, educational or philanthropic groups which can, in no way, be construed as advertising; 55 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX C. Signs identifying the historic name of a building, provided that such name is approved by the historic preservation commission and the sign does not exceed 20 square feet in size; D. Legal notices, traffic signs, information signs, historic signs or directional signs erected by government bodies and signs required by law; E. Directional signs not exceeding six square feet (directional signs contain no advertising); F Signs advertising subdivision tract developments of two or more acres, not exceeding 32 square feet and limited to one such sign per street frontage; F.G. G.14. Incidental signs not exceeding four square feet each; Notices and warning signs of not more than two square feet each in area, i.e., vacancy, no trespassing, beware of dog; H. LPoint of purchase advertising displays; L J. Structure or improvements intended for a separate use, such as, donation containers, product dispensers, trash receptacles or recycling boxes; K. Suspended signs provided they do not cxtcnd farther from the building facadc than the marquee or canopy to which they are attached, do not exceed four square feet in area, and maintain a clear distance of eight feet between the sidewalk and the sign bottom. One sign per pedestrian entrance; J. L. Signs or scoreboards on athletic fields intended for on -premises viewing; K. M. Fuel price signs not exceeding 20 square feet per sign face, with one sign allowed per abutting street right-of-way; L. N Two-sided or three -sided signs mounted on the roof of a vehicle for hire (as defined in section 8.20.010) not exceeding 14 inches in height and 39 inches in length on each side; signs on the side of said vehicle not exceeding four square feet; or a sign mounted between the bumper and the lowest level of the rear window, not exceeding 18 inches by 36 inches; M. O. Signs on vehicles, primarily and actively used for business purposes, which identify the firm or its principal product (see also section 15.20.035C.); N. P Wall and freestanding murals which are purely decorative in nature and content, and do not include advertising by picture or verbal message; O. Q7 Signs painted on or placed inside windows, as long as they do not extend beyond the first story of the building and do not block any opening required for entrance or exit from buildings; P P Temporary signs may be posted for not more than 30 days in a 180 day time period. 1. One temporary sign is allowed per property if non-commercial residential, and one for each business in commercial districts; 56 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX 2. Temporary signs may include banners and portable signs, such as sandwich boards and weighted signs, as specified in 15.20.035F., flags, or pennants; 3. Temporary signs may not exceed 4-2- 6 square feet in residential areas and 32 24 square feet in commercial or industrial districts; 4. Temporary signs referencing a date or event shall be displayed no earlier than 30 days prior to the event and must be removed within ten days following the date or event; 5. Special noncommercial event signs may be erected two weeks prior to the event. 6 Political signs not more than six square feet per sign in residential districts and 32 square feet per sign in commercial districts may be displayed no earlier than 30 days prior to any election and shall be removed within seven days following the election; provided that signs erected for any primary election that remain relevant to the following general election may be maintained for the period between elections; 7. Garage sale signs located at the site of the sale. 6. Feather signs may be allowed by mobile vendors during specific scheduled community events as determined and approved by administrative official. 7. Temporary signs posted on City property require approval by the City Manager. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.035 Prohibited signs. Unless otherwise and specifically authorized, the following signs are prohibited in all districts: A. Any sign contrary to the provisions of this chapter; B. Signs within any sight distance triangle or right-of-way, unless otherwise authorized; C. Signs attached to, or placed on, vehicles or trailers which are parked or located for the primary purpose of displaying said sign (see also signs allowed without permits — vehicles with signs used in the normal course of business); D. Off -premises signs and/or billboards except the posting of temporary signs relating to civic events as allowed under section 15.20.030P(7) and subject to the limitations of this chapter; E. Snipe signs; F. Portable signs, except sandwich boards and weighted signs, provided that they do not exceed ten square feet per side and are located entirely on private property; G. Signs which interfere with radio and television reception; 57 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX H. Flashing and animated signs; except time and temperature; and except open signs placed inside a window; I. Any sign with incandescent lamp bulbs exposed to view, with or without internal or external reflectors; not to include neon signs as allowed in other sections of title 15; J. Banners, clusters of flags, feather signs, inflatable signs, pennants, ribbons, streamers, balloons or bubble machines, except as allowed under section 15.20.030PR.; K. Suspended strings of lights, spinners; twirlers or propellers; flashing, rotating (except barber poles) or blinking light; beacons; chasing or scintillating lights; flares, or signs containing elements creating sound; L. Abandoned signs or sign structures; M. Signs imitating or resembling a traffic -control sign, signal or device, or the light of an emergency vehicle; or which obstructs the visibility of any traffic or street sign or signal device; N. Projecting signs and freestanding signs fronting alleyways; O. Signs advertising a home occupation. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.040 Sign standards by zoning district which require permits. All signs, except those specifically allowed without permits, shall be calculated in determining the total square footage of sign area on a parcel. A. Residential Rural residential, single-family residential, two-family residential, multi- family residential, and urban residential districts. Only the following types of signs shall be permitted in the residential zoning districts, except as provided for otherwise within this chapter and zoning code. Illumination of these signs shall be limited to indirect lighting. 1. Signage for churches, public and quasi -public institutions, including schools and municipal buildings may erect for their own use: a. One identification sign not exceeding 20 square feet in area; b. One announcement sign or bulletin board not exceeding 20 square feet in area; c. The height of any freestanding signs shall not exceed eight feet. 2. Multiple family (two- to four -unit) dwellings are allowed one sign identifying the premises, not exceeding six square feet in area, and five feet in height if freestanding. 3. Multiple family dwellings of five units or more may have one sign, not exceeding 20 square feet in area and if freestanding, not exceeding eight feet in height. B. Office residential, auto commercial, and industrial districts. 58 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX 1. For any permitted residential use, signs for such use shall conform to the requirements in subsection A. of this section. 2. For all permitted uses, or legal nonconforming uses, the combined square footage of signs shall not exceed one square foot per lineal foot of property street frontage, to a maximum of 200 square feet per parcel. 3. Signage is not allowed within side yards or attached to sides of buildings which front side yard areas, except in cases of multiple frontage lots where a side property line fronts an alley. 4. Signage fronting alleys is limited to one identification sign, not exceeding two square feet, unless a business has a customer entrance on the alley. If a business has a customer entrance on the alley, up to 25 percent of the property's total allowed signage may be reallocated, as a wall sign only, to front the alley. 5. Freestanding and projecting and marquee signs, if internally illuminated, shall not exceed 32 square feet in area per side; otherwise, a maximum of 50 square feet per side is allowed (see subsections 15.20.0251Vb or Q0. for freestanding or projecting sign limitations). C. Central business district. For all permitted or legal nonconforming uses, the following limitations shall apply: 1. Combined square footage of signs shall not exceed two square feet per lineal foot of street frontage to a maximum of 200 square feet per parcel. 2. Any portion of a property's total allowed signage may be allocated to the sides or rear of the lot at the discretion of the property owner. 3. Freestanding signs, if internally illuminated, shall not exceed 32 square feet in area; otherwise, a maximum of 50 square feet is allowed (see section 15.20.0251VL. for freestanding sign limitations). 4. Marquee or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed 25 square feet in area (see section(s) 15.20.030K. for under marquee signs, 15.20.025QQ. for projecting signs). D. Harbor commercial district. 1. The following property frontages may be combined at one square foot per lineal foot of frontage to maximum of 200 square feet of signage per parcel: a. A street; b. The harbor basin; c. The public boardwalk; d. Where a building faces toward a street but does not abut it; or e. A public parking lot. 59 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX 2. At the discretion of the property owner, any portion of a property's total allowed signage may be allocated to the sides or rear of the lot not fronting 1.a.—e., above so long as it does not exceed one square foot per lineal foot of that property line. 3. Freestanding, projecting and marquee signs, if internally illuminated, shall not exceed 32 square feet in area per side; otherwise, a maximum of 50 square feet per side is allowed (see section 15.20.025/VE. for freestanding sign limitations). 4. Marquee or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed 25 square feet in area (see section 15.20.030K., for under marquee signs, and section 15.20.025Q0., for projecting signs.) E. Institutional, park and resource management districts. 1. Signs for any permitted commercial and industrial uses shall conform to the requirements in subsection B. herein. 2. Signs for all other permitted uses, or legal nonconforming uses, are subject to the following limitations: a. One permanent identification sign is permitted for each premises. The area of the sign shall not exceed one square foot for each lineal foot of street frontage, provided no such sign shall exceed 40 square feet; b. No sign shall exceed eight feet in height; and c. Illumination for institutional facilities shall be restricted to indirect lighting. (Ord. 98-02; Ord. 99-16, § 5, 1999; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.050 Nonconforming signs. The intent of this section is to permit the continuance of nonconforming signs until such time as they are removed, but not to encourage their perpetuation or expansion. A. Nonconforming signs are allowed to continue, subject to the following: 1. Shall not be used as grounds for adding additional nonconforming signs; 2. Shall not be structurally altered so as to change the shape, size or type of the sign, or be relocated, except into conformance with this Code; 3. Shall not be allowed to remain after the activity, business or use to which it relates has been discontinued; and 4. Must be removed if damaged in such a manner that the estimated expense of repair exceeds 50 percent of its replacement value. B. Nothing in this section shall relieve the owner or user of a nonconforming sign, or owner of the property on which the nonconforming sign is located, from the provisions of this Code regarding the safety, maintenance and repair of signs. 60 C. An illegal sign is any sign within the City limits which does not comply with the requirements of this Code or previous codes at the time the sign was erected, and which is not eligible for characterization as nonconforming. The City may immediately remove any sign located on City property or right-of-way. (Ord. 98-02) 15.20.055 Variance procedure provided. A. The commission is hereby authorized to grant special variances from the provisions of this chapter in accordance with the following restrictions: 1. To encourage the use of signs which are harmonious with Seward's scenic beauty and historic character, the commission may issue a variance for specific signs up to 1.5 times larger than provided in this chapter. Each applicant for such variance shall submit a scale drawing and a color rendering of the proposed sign(s) in relation to its surroundings. 2. A variance may be granted in harmony with the general purpose and intent of this Code by varying the application of rules, regulations or provisions so long as the spirit and benefits of this Code will be preserved. 3. The commission may vary the rules and regulations or provisions of this Code provided the commission, upon due and diligent investigation, makes specific findings that all of the following conditions have been considered: a. The variance will not constitute a grant of a special privilege inconsistent with the limitation upon signage and uses of other properties in the vicinity and zone in which the property, on behalf of which the application as filed, is located; b. That such variance is necessary because of special circumstances such as, but not limited to, health and safety or the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; c. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the zone in which the subject property is situated. 4. In granting a variance, the commission may attach thereto such conditions regarding the location, character and other features of the proposed sign as it may deem necessary to carry out the spirit and purpose of this code of moderating the size, number and obtrusive placement of signs and reduction of clutter in the public interest. B. Fees for sign variances shall be set by resolution of the City Council. (Ord. 98-02) Section 2. This ordinance shall take effect immediately upon adoption. 61 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the XX day of October, 2024. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 62 TITLE 2 — ADMINISTRATION Chapter 2.30 — Boards and Commissions 2.30.216 Absences. A. In order for an absence to be excused, a commission member shall notify the city clerk and administration. Except in emergency situations, notice will be given at least 48 hours prior to a commission meeting stating the reason for the member's inability to attend the meeting. B. The city clerk will inform the presiding officer of the request for an excused absence prior to the meeting and the presiding officer will rule whether the absence is excused or unexcused. C. When calling the roll call for the meeting, the city clerk will indicate whether a member's absence was ruled to be excused or unexcused, and the clerk will make an appropriate notation in the minutes. D. If a member has two consecutive unexcused absences, three unexcused absences total, misses eight meetings in an appointment year, or has a record of attendance which shows disregard for the position and hinders the function of the commission, administration will inform council and the council may remove the member from the commission. E. Member attendance will be submitted in the quarterly report. (Ord. No. 2023-006, § 1, 4-10-2023) (Supp. No. 31-1, Upd 1) Created: 2025-08-21 07:48:08 [EST] Page 1 of 1 63