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Home My WebLink AboutORD2025-016 Title 15 Mixed Use DevelopmentSponsored: Planning & Zoning Introduction: September 22, 2025 Public Hearing: October 13, 2025 Enactment: October 13, 2025 CITY OF SEWARD, ALASKA ORDINANCE 2025-016 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. CITY OF SEWARD, ALASKA ORDINANCE 2025-016 Page2of5 NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: 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 stficken): 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 1 1 CITY OF SEWARD, ALASKA ORDINANCE 2025-016 Page 3 of 5 RM = Resource management - partially developable lands subject to floodplains and steep slopes 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 G O G commercial building (two or more units) CITY OF SEWARD, ALASKA ORDINANCE 2025-016 Page 4 of 5 Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Dwelling, apartment, studio CC CCC C Dwelling, attached single-family, i.e., townhouse, row CCCCCC C Dwelling, condominium CCCCCC 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, watchman or caretaker 0 C Section 3. This ordinance shall take effect 10 days upon enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the 13th day of October 2025. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 1 L L CITY OF SEWARD, ALASKA ORDINANCE 2025-016 Page 5 of 5 AYES: Wells, Barnwell, Crites, Osenga, McClure NOES: None ABSENT: Warner, Finch ABSTAIN: None ATTEST: Kris Peck City Clerk (City Seal) �.s,• OF SE{ti''•,, :• • SEAL • • --+- J '',g7OFA, Pis'. , City Council Agenda Statement Introduction September 22, 2025 Meeting Date: To: City Council Through: Kat Sorensen, City Manager From: Daniel Meuninck, Community Development Director Subject: Ordinance 2025-016: 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 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 "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. On September 2, 2025, the Planning and Zoning Commission approved Resolution 2025-029 recommending approval of the amendments to Title 15 included in this Ordinance. 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 Plan: Strategic Plan: Other: Yes Vol 1, Chapter 2.2 — Community Values • 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." NA NA Attorney Signature: Kody George Not applicable Comments: