HomeMy WebLinkAboutPZ Res2025-029 Land Use Table Update - ApartmentsSponsored 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.
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.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
V4`Q '4
Carol Griswold, Chair
Verhey, Hubbard, Homseth, Sullivan, Griswold
Pemberton
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: 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: 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