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Home My WebLink AboutPZ Res2025-027 Rezone RR to R3 FAILEDFAILED 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. CITY OF SEWARD, ALASKA RESOLUTION 2025-027 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. AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA FAILED Carol Griswold, Chair Verhey, Hornseth Pemberton, Sullivan, Hubbard, Griswold Charbonneau None Kris Peck City Clerk (City Seal) 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)]. 14 200 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 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