HomeMy WebLinkAbout10212025 Planning & Zoning Special Meeting PacketPlanning & Zoning Commission
Meeting Packet
Special Meeting
Tuesday, October 21, 2025
Council Chambers, City Hall
7: 00 p.m.
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The City of Seward, Alaska
PLANNING & ZONING COMMISSION
SPECIAL 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
October 21, 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
6. PUBLIC HEARINGS (Chair shall ask if any commissioner needs to declare a conflict of interest at this
time. Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a
person may speak for a second time for no more than one (1) minute.)
A. Resolutions Requiring Public Hearing
1) Resolution 2025-031 of the Planning and Zoning Commission of the City of Seward,
Alaska, granting a conditional use permit to Philip Zimmerman to construct a 4-plex
at 2009 Phoenix Road within a multi -family residential (R3) zoning district 3
*Quasi-judicial item. Commissioners may not discuss any items about this Resolution with the
applicant, other commissioners, or the public.
7. INFORMATIONAL ITEMS AND REPORTS (No action required.)
A. Reminder of upcoming P&Z Meetings
1) Regular meeting on Tuesday, November 4, at 7:00 pm in Council Chambers at City Hall.
8. FINAL PUBLIC COMMENTS (There is no sign -in for this comment period. Time is limited
to five (5) minutes per speaker.)
9. ADMINISTRATION AND COMMISSION COMMENTS AND RESPONSES TO PUBLIC
COMMENTS
10. ADJOURNMENT
Planning & Zoning Commission Meeting Agenda October 21, 2025
2
Planning and Zoning Agenda Statement
Meeting Date: October 21, 2025
To: Planning and Zoning Commission
Through: Daniel Meuninck, Community Development Director
From: Applicant
Agenda Item: Resolution 2025-031 of the Planning and Zoning Commission of the
City of Seward, Alaska, granting a conditional use permit to Philip
Zimmerman to construct a 4-plex at 2009 Phoenix Road within a
multi -family residential (R3) zoning district
Background and justification:
Philip Zimmerman has applied for a Conditional Use Permit (CUP) from the Seward Planning and
Zoning Commission to construct a 4-plex at 2009 Phoenix Road.
The property is located within the Multi -Family Residential (R3) zoning district. A four-plex is
allowed with an approved CUP in the R3 zoning district.
The four-plex will consist of two dwellings that are 520 square feet and have one bedroom, and two
dwellings that are 960 square feet and have two bedrooms.
The applicant has complied with all the public hearing requirements of Seward City Code
§ 15.01.040.
Regarding conditional uses, Seward City Code § 15.10.320 states, "It is recognized that there are
some uses which may be compatible with designated principal uses in specific zoning districts
provided certain conditions are met. The conditional use permit procedure is intended to allow
flexibility in the consideration of the impact of the proposed use on surrounding property, and the
application of controls and safeguards to assure that the proposed use will be compatible with the
surroundings. The commission shall permit this type of use if the conditions and requirements listed
in this chapter (Title 15) are met."
Prior to granting a conditional use permit, the Commission shall establish that the use satisfies the
following conditions as listed in SCC §15.10.320(D):
1. The use is consistent with the purpose of this chapter and the purposes of the zoning district;
2. The value of the adjoining property will not be significantly impaired;
3. The proposed use is in harmony with the Comprehensive Plan;
4. Public services and facilities are adequate to serve the proposed use;
5. The proposed use will not be harmful to the public safety, health or welfare;
3
6. Any and all specific conditions deemed necessary by the commission to fulfill the above -
mentioned conditions shall be met by the applicant. These may include but are not limited to
measures relative to access, screening, site development, building design, operation of the
use and other similar aspects related to the proposed use.
Surrounding Land Use and Zoning:
Development Requirements: The development requirements have been met. The building height
is less than 38'. The setbacks meet the required front 20', side minimum five-foot setback each
side as part of a combined 15-foot setback total between both sides, rear 10'. Lot coverage for
the entire structure is 26%, which is within the allowed maximum of 40%.
Surrounding Land Use: The surrounding properties are all zoned multi -family residential. There
is a combination of single-family dwellings, duplexes, and multi -family dwellings.
Floodplain status: According to the Kenai Peninsula Floodplain Map, the property is not located
within a FEMA-mapped floodplain.
Utilities: City water, sewer, and electricity are connected to the property.
Parking: The Multi -family Residential (R3) zoning district requires "2 parking spaces per
dwelling unit plus '/2 space for every unit larger than 2 bedrooms or greater than 1,000 square
feet." Since there are 4 units, all smaller than 1,000 square feet and with 1-2 bedrooms, 8 parking
spaces are required. The Americans with Disabilities Act (ADA) requires 1 of those 8 spaces to
meet the requirements for accessibility.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Vol 1 Ch 2.2.11 - Economic Base
Plan: • "Encourage the development of infrastructure expansion plans for
currently undeveloped residential and commercial property."
Vol 1 Ch 3.2 - Land Use
• "Promote residential and commercial development within the city of
Seward and its vicinity in accordance with community values."
• "Expand the opportunity for affordable, diverse, year-round housing
through appropriate land use regulations
• "Support apartments and other high -density residential development"
Vol 1 Ch 3.3 - Housing
• "Encourage development of new housing in Seward."
• "Support a range of housing choices that meet the needs of people
in various income and age groups
Strategic Plan: N/A
4
Department
Comments
No
Comment
N/A
Building Department
X
Fire Department
X
Public Works
Department
X
Harbor Department
X
Police Department
X
Electric Department
X
Public Notice
Property owners within three hundred (300) feet of the location of the proposed Conditional Use
Permit action were notified of this public hearing. Public notice signs were posted on the property
and all other public hearing requirements of Seward City Code § 15.01.040 were complied with.
At the time of this publication, the Community Development Department has not received public
inquiries regarding the proposed Conditional Use Permit. If any correspondence is received after
publication of this agenda statement, it will be submitted to the Planning and Zoning
Commissioners for their review.
1. The applicant shall work with the building official through the building permit process to
address any requirements per International Fire Code and International Building Code.
2. For any upgrades or connections to the water, sewer and/or electric utilities prior to a
certificate of occupancy being issued, the applicant will work with the appropriate city
departments.
3. All of the units must meet the requirements in the Tariff Service Connections Provisions and
Seward City Code Title 14.
4. A minimum of 8 parking spaces shall be provided for on site. At least one (1) of those
parking spaces shall be compliant with the Americans Disabilities Act (ADA).
5. All parking and maneuverability shall remain on site for the life of the use.
6. Functional bear -resistant refuse carts designed to prevent the upsetting or spillage by wind,
weather, animals, or accident, shall be provided for all garbage and refuse for the life of the
use.
7. A three -walled structure with roof must be provided on site to house the bear -resistant carts.
8. A certificate of occupancy will not be granted until all the above conditions are met.
9. All areas not devoted to buildings, drives, walks, parking areas or other authorized
installations shall be covered with one or more of the following: lawn grass, natural or
ornamental shrubbery or trees. Landscaping must be completed one year from when an
occupancy certificate has been issued for the structure.
10. Per Seward City Code § 15.10.325(f). an approved CUP shall lapse six months from the date
of approval if the use for which the permit was issued has not been implemented or a
building permit obtained. The Commission may grant a six-month extension upon finding
that circumstances have not changed sufficiently since the date of initial permit approval.
5
11. Modification of final approval of a conditional use permit may, upon application by the
permittee, be modified by the Planning and Zoning Commission:
a. When changed conditions cause the conditional use to no longer conform to the
standards for its approval.
b. To implement a different development plan conforming to the standards for its
approval.
c. The modification plan shall be subject to a public hearing and a filing fee set by City
Council Resolution.
Recommendation
The proposed use is permittable through the Conditional Use Permit process, which allows the
Commission the opportunity to ensure that the use is consistent with the purpose of the zoning
district and surrounding land uses, is in harmony with the Comprehensive Plan, and will not be
harmful to the public safety, health, or welfare.
6
Sponsored by: Applicant
Public Hearing: October 21, 2025
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2025-031
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE
PERMIT TO PHILIP ZIMMERMAN TO CONSTRUCT A 4-PLEX AT 2009
PHOENIX ROAD WITHIN A MULTI -FAMILY RESIDENTIAL (R3)
ZONING DISTRICT
WHEREAS, Philip Zimmerman has applied for a Conditional Use Permit (CUP) from the
Seward Planning and Zoning Commission to construct a 4-plex at 2009 Phoenix Road; and
WHEREAS, the property is in a Multi -Family Residential (R3) zoning district; and
WHEREAS, a 4-plex requires a CUP in the R3 zoning district; and
WHEREAS, the surrounding properties are also zoned R3 and contain a mixture of single-
family dwellings, duplexes, and multi -family dwellings; and
WHEREAS, Seward City Code § 15.10.320 recognizes that there are some uses that may
be compatible with designated principal uses in specific zoning districts provided certain
conditions are met; and
WHEREAS, the applicant has complied with all of the public hearing requirements of
Seward City Code § 15.01.040;
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission, that:
Section 1. The Commission finds that the proposed use satisfies the following conditions
as specified in SCC §15.10.320.D.
A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and
the purposes of the zoning district.
a. Finding: Yes, a multi -family dwelling is allowed in the R3 zoning district
with an approved CUP.
B. The value of the adjoining property will not be significantly impaired.
a. Finding: The surrounding properties are zoned for multi -family dwellings and
already contain a mixture of single-family, duplex, and multi -family
dwellings.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
a. Finding: Yes, the proposed use is supported by the Comprehensive Plan
Vol 1 Ch 2.2.11 - Economic Base
CITY OF SEWARD, ALASKA
RESOLUTION 2025-031
• "Encourage the development of infrastructure expansion plans for
currently undeveloped residential and commercial property."
Vol 1 Ch 3.2 - Land Use
• "Promote residential and commercial development within the city of
Seward and its vicinity in accordance with community values."
• "Expand the opportunity for affordable, diverse, year-round housing
through appropriate land use regulations
• "Support apartments and other high -density residential development"
Vol 1 Ch 3.3 - Housing
• "Encourage development of new housing in Seward."
• "Support a range of housing choices that meet the needs of people in
various income and age groups."
D. Public services and facilities are adequate to serve the proposed use.
a. Finding: Yes, city water, sewer, and electricity are connected to the property.
The property has access to Phoenix Road.
E. The proposed use will not be harmful to the public safety, health, or welfare.
a. Finding: This condition has been met.
Section 2. Any and all specific conditions deemed necessary by the Commission to fulfill
the above -mentioned conditions shall be met by the applicant. Approval of the CUP shall be subject
to the following conditions:
1. The applicant shall work with the building official through the building permit process to
address any requirements per International Fire Code and International Building Code.
2. For any upgrades or connections to the water, sewer and/or electric utilities prior to a
certificate of occupancy being issued, the applicant will work with the appropriate city
departments.
3. All of the units must meet the requirements in the Tariff Service Connections Provisions
and Seward City Code Title 14.
4. A minimum of 8 parking spaces shall be provided for on site. At least one (1) of those
parking spaces shall be compliant with the Americans Disabilities Act (ADA).
5. All parking and maneuverability shall remain on site for the life of the use.
6. Functional bear -resistant refuse carts designed to prevent the upsetting or spillage by wind,
weather, animals, or accident, shall be provided for all garbage and refuse for the life of
the use.
7. A three -walled structure with roof must be provided on site to house the bear -resistant
carts.
8. A certificate of occupancy will not be granted until all the above conditions are met.
9. All areas not devoted to buildings, drives, walks, parking areas or other authorized
installations shall be covered with one or more of the following: lawn grass, natural or
ornamental shrubbery or trees. Landscaping must be completed one year from when an
occupancy certificate has been issued for the structure.
8
CITY OF SEWARD, ALASKA
RESOLUTION 2025-031
10. Per Seward City Code §15.10.325(f). an approved CUP shall lapse six months from the
date of approval if the use for which the permit was issued has not been implemented or a
building permit obtained. The Commission may grant a six-month extension upon finding
that circumstances have not changed sufficiently since the date of initial permit approval.
11. Modification of final approval of a conditional use permit may, upon application by the
permittee, be modified by the Planning and Zoning Commission:
a. When changed conditions cause the conditional use to no longer conform to the
standards for its approval.
b. To implement a different development plan conforming to the standards for its
approval.
c. The modification plan shall be subject to a public hearing and a filing fee set by
City Council Resolution.
Section 3. The Planning and Zoning Commission finds that the proposed use, subject to
the above conditions satisfies the criteria for granting a conditional use permit provided the
conditions listed on Section 2 are met by the applicant, and authorizes administration to issue a
conditional use permit to Philip Zimmerman to construct a 4-plex on Lot 9, Block 3, Gateway
Subdivision Addition No. 1, located at 2009 Phoenix Road.
Section 4. The Planning and Zoning Commission finds that adherence to the conditions
of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320:
Conditional Use Permits. A Conditional Use Permit may be transferred to a new owner per
§ 15.10.320(G), in which case the new owner will be required to maintain conformance to the
conditions of the permit.
Section 5. Administration shall periodically confirm the approved conditional use
conforms to the standards of its approval. Nonconformance to these above stated conditions shall
be grounds for revoking the Conditional Use Permit.
Section 6. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 21st
day of October, 2025.
THE CITY OF SEWARD, ALASKA
Carol Griswold, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
9
CITY OF SEWARD, ALASKA
RESOLUTION 2025-031
ATTEST:
Kris Peck
City Clerk
(City Seal)
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Conditional Use Permit Application Property Map
RES 2025-031 - Granting a conditional use permit to construct a 4-plex
Location: 2009 Phoenix Road
Parcel #: 14535145
z
4014.
101.
11
8/28/25, 9:53AM CUP-25-3
Application Details
This completed application is to be submitted to the Community Development Department
no later than four (4) weeks in advance of the next regularly scheduled Planning and
Zoning Commission meeting. See link below for the submission deadline dates.
https://www.cityofseward.uslgovernment/boards-commissions/plan ning-zoning-
commission/planning-zoning-commission-meetings
Regular meetings are held the first Tuesday of each month. The application must be
accompanied by the $350 nonrefundable filing fee.
Documents Needed:
• As -built survey of the property if it has been developed or a scaled site plan with
elevations if the property is undeveloped
• Scaled drawings of structures to be built
• Any other pertinent documents to describe or support the project
Applicant Information
Full Name* Mailing Address*
Philip Zimmerman
Email* Phone Number
Property Information
Is the applicant the property owner?* Address*
Yes 2009 Phoenix Rd
12
8/28/25, 9:53AM CUP-25-3
KPB Parcel Number* A Zoning District* A
14535145 Multi -family Residential (R3)
Lot Size* A
12048 ft/sq
Zoning District: https://seward.maps.arcgis.com/apps/webappviewer/index.html?
id=56d3e72bc65040a0a4fb459b15504b01
Legal Description* A
T 1 N R 1 W SEC 33 Seward Meridian SW 0850009 GATEWAY SUB ADDN NO 1
LOT 9 BLK 3
The legal description of a property and the KPB Parcel number can be found at this link:
https://gis.kpb.us/map/index.html?viewer=basic
Click on the icon four from the left that looks like a pin and says "find parcel by address"
when you hover your mouse over it. Type in your address and press "enter". Click on your
parcel. A white box with information in it should appear on your screen. The parcel ID
number is at the top. The Legal name of the property is in the middle under the heading,
"Legal:"
Development Information
What structures are on the property?* A
Four-plex
13
8/28/25, 9:53 AM
How is the property currently being used?*
bare lot
What is the proposed use of the property?*
multifamily long term rental
What is the development timeline?*
8 months
Requirements for Consideration
CUP-25-3
Please note that prior to the Seward Planning and Zoning Commission granting a
Conditional Use Permit, it shall be established that the proposed use satisfies the following
conditions of Seward City Code 15.10.320 (See the link below for specific City Code
requirements)
https://library.municode.com/ak/seward/codes/code_of ordinances?
nodeld=CD ORD TITI5PLLAUSRE CH15.10SEZOCO ART3SURE 15.10.3200OUSPE
State how the proposed use is consistent with the requirements of the Seward Zoning Code and the designated A
zoning district*
Zoned multifamily.
14
8/28/25, 9:53AM CUP-25-3
Click on this link to read the definitions of each zoning district
https://library.municode.com/ak/sewardicodes/code_of ordinances?
nodeld=CD ORD TITI5PLLAUSRE CH15.05LAUSPL 15.05.025LAUSDISTDE
Describe any impacts to the adjoining properties and how property values may be affected*
none
How is the proposed use consistent with the Seward Comprehensive Plan? Explain and cite examples from the plan
(see link below)*
Seward needs more housing. This will help
Seward Comprehensive Plan:
https://www.cityofseward. us/home/showpublisheddocument/60/637001929598130000
Describe / list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.)*
water, sewer, electric are already to lot line
The proposed project or use must not be harmful to the public health, safety and welfare. Describe how the proposed
project meets this requirement. *
No harmful effects
15
8/28/25, 9:53AM CUP-25-3
Describe any mitigation measures that may be needed to protect the public health, safety and welfare, *
None applicable
Document Uploads
Include building elevation plans and a site plan, drawn to scale. The site plan should
include:
• Property dimensions
• Location and dimensions of proposed and existing buildings
• Parking configuration
• Driveways and access
• Natural features
• Other pertinent information
Site Plan I Project information* Supporting Documents
E 2009 Phoenix site plan.pdf Di 2009 Phoenix 4-plex.pdf
Supporting Documents Supporting Documents
No File Uploaded N 2009 Phoenix parking plan.pdf
Signature
I have the following legal interest in the property*
Owner of record
16
8/28/25, 9:53AM CUP-25-3
understand that this item will be scheduled for a Planning and Zoning Commission
meeting only if all application materials are submitted not less than four (4) weeks in
advance of the next regularly scheduled Planning and Zoning Commission meeting.
Regular meetings are held the first Tuesday of every month.
hereby certify that the above statements and other information submitted are true and
accurate to the best of my knowledge
Applicant Signature"
0 Philip F Zimmerman
Aug 26, 2025
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CITY OF SEWARD, ALASKA
AFFIDAVIT OF MAILING
PUBLIC HEARING NOTICE
3-ani Q Gird \'G r
upon oath, deposes and states:
That she is employed in the Community Development Office of the City of
Seward, Alaska; and that on 10 Apoc; S she mailed a
Notice of Public Hearing to the real property owners within a 300-foot
periphery of 2009 Phoenix Road as prescribed by Seward City Code
15.01.040/16.01.015.
Affirmed and signed this 3 day of 1 .* 2025.
AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
, hereby certify that I have posted a
Notice of Public Hearing, as prescribed by Seward City Code
15.01.040/16.01.015 on the property located at 2009 Phoenix Road on
which the applicant has petitioned for a Public Hearing for a Conditional Use
Permit to construct a 4-plex, within an Multi -Family Residential (R3) Zoning
District.
The notice was posted on 9/�7/a2�
days prior to the public hearing on this petition.
must be posted in plain sight, maintained and
hearings have been completed.
which isd
I acknowledge this Notice
displayed until all public
Affirmed and signed this a c day of SC }4°ivi bey, 2025.
25