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HomeMy WebLinkAbout11042025 Planning & Zoning PacketPlanning & Zoning Commission Meeting Packet Regular Meeting Tuesday, November 4, 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 November 4, 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 September 2, 2025 Planning & Zoning Commission Meeting Minutes 4 2)* Approve October 21, 2025 Planning & Zoning Commission Special Meeting Minutes 12 7. SPECIAL ORDERS, PRESENTATIONS, AND REPORTS A. Proclamations and Awards - None B. City Administration Report C. Other Reports and Announcements 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 November 4, 2025 2 A. Resolutions Requiring Public Hearing 1) Resolution 2025-032 of the Planning and Zoning Commission of the City of Seward, Alaska, granting a conditional use permit to the Alaska Railroad Corporation for the installation of a Living Reef within Tideland Parcel No. 14734009, located southeast of the Alaska SeaLife Center, within the Central Business (CB) zoning district *Quasi-judicial item. Commissioners may not discuss any items about this Resolution with the applicant, other commissioners, or the public. 2) Resolution 2025-033 of the Planning and Zoning Commission of the City of Seward Alaska, recommending City Council amend Seward City Code §15.10.215 Parking 9. UNFINISHED BUSINESS A. Resolutions - None 10. NEW BUSINESS A. Resolutions — None B. Other New Business 1) Discuss work session topic for November 18, 2025. 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Reminder of upcoming P&Z Meetings 1) Work session on Tuesday, November 18, 2025 at 6:00 pm in Council Chambers at City Hall. 2) Regular meeting on Tuesday, December 2, 2025, at 7:00 pm in Council Chambers at City Hall. B. Other Items 1) KPB Planning Commissioner Report 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 14. EXECUTIVE SESSION - None 15. ADJOURNMENT Planning & Zoning Commission Meeting Agenda November 4, 2025 3 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 2, 2025 Volume 8, Page CALL TO ORDER The September 2, 2025 regular meeting of the Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Carol Griswold. PLEDGE OF ALLEGIANCE Pemberton led the Pledge of Allegiance to the flag. ROLL CALL There were present: Carol Griswold, presiding, and Brenan Hornseth Nathaniel Charbonneau Vanessa Verhey Clare Sullivan Rhonda Hubbard June Pemberton comprising a quorum of the Commission; and Daniel Meuninck, Community Development Director Courtney Bringhurst, City Planner Jamie Crocker, Executive Planning Assistant Jodi Kurtz, Deputy City Clerk Excused — Charbonneau Absent — None PUBLIC COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Becky Dunn, inside city limits, reminded everyone that the Planning & Zoning members are volunteers who put in many hours and deserve respect. Dunn wanted to open up conversations about low-income housing requirements and how it affects Seward. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Pemberton/Sullivan) Approval of Agenda and Consent Agenda Motion Passed Unanimous 4 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 2, 2025 Volume 8, Page The clerk read the following approved consent agenda items: Approve August 5, 2025, Planning & Zoning Commission Meeting Minutes SPECIAL ORDERS, PRESENTATION, AND REPORTS Proclamations and Awards — None City Administration Report Community Development Director Daniel Meuninck said the City's GIS technician is creating a new public map viewer that combines many map layers such as zoning, subdivisions, city -owned property, short-term rentals, and building height overlays. The map is currently in the testing phase and staff and commissioners were encouraged to test it out and provide feedback. The public will also get a chance to test it before the final version is released. Other Reports and Announcements KPB Planning Commissioner Report City Planner Courtney Bringhurst stated that Karina England did not plan on coming tonight as she had no extra updates beyond the spreadsheet provided in the packet. PUBLIC HEARINGS Resolutions Requiring Public Hearing 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. City Planner Courtney Bringhurst explained that an application was submitted to rezone seven properties between Spruce Street, Birch Street, and Dimond Boulevard from Rural Residential to Multifamily Residential. She also explained that if the resolution is failed by the commission, it could still be brought forward to council if sponsored by a council member and it would go through the same process at a council level. Casie Warner spoke as the applicant for the rezone. She emphasized the need for affordable housing, noting that two lots are currently out of compliance with Rural Residential zones and would be brought into compliance under R3. She addressed concerns about short-term rentals, the traffic concerns and community safety. She stressed that the rezone aligns with Seward's comprehensive and strategic plans, supports workforce housing, and respects the neighborhood's character. Her goal is to provide stable housing and strengthen the community. 5 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 2, 2025 Volume 8, Page Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Public hearing comments are limited to five minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one minute. Ann Wright, inside city limits, has lived in Seward for 56 years and currently resides on Birch Street. She spoke in opposition to the proposed rezoning, saying many residents prefer single- family homes over multifamily dwellings. Sam Kazuba, inside city limits, shared that he is a new resident of the neighborhood and expressed opposition to rezoning the area for multifamily housing. Sarah Tougas, inside city limits, spoke in opposition to rezone. She explained her petition against the rezone and emphasized that the neighborhood should be considered. Steve Fink, inside city limits, has lived in Seward for 25 years, including 17 years near the proposed rezoning area. He strongly opposed the rezone, arguing it would set a precedent for high - density development, increase traffic, reduced privacy, and more noise. This was profiteering at the expense of the quality of life of the neighbors. Jenn Appel, inside city limits, strongly opposed to the rezone. She emphasized that Forest Acres is a quiet, family -oriented neighborhood where children play outside, and the rezoning could gradually changing the integrity of the area. Randall Johnson, inside city limits, owns property bordering two of the parcels proposed for rezoning. He was strongly opposed to the rezone. He believes P&Z has been misled and that the rezoning does not address Seward's housing shortage. Tim McDonald, inside city limits, owns two properties in this area and supported the rezoning. He explained that the area is mostly small and rural, with only a few houses on Spruce Street, and allowing duplexes would have minimal impact on traffic, the neighborhood's character, or Forest Acres. Leighton Radner, inside city limits, does not live in the immediate rezoning area but wanted to comment from an economic and community perspective. He expressed concern about recent property buyers whose investments may be affected by sudden changes and emphasized that long- term residents could feel displaced. Steven Severn, inside city limits, moved from the lower 48 because he didn't want to live in a crowded area again and now enjoys the privacy of his large lot in Seward. He explained that he values space, peace, and not being surrounded by constant activity. He shared his concerns and stressed that he is against the rezoning, saying the neighborhood doesn't need to change and that there are other areas better suited for higher -density housing. 6 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 2, 2025 Volume 8, Page Becky Dunn, inside city limits, said she moved to Forest Acres for peace, space, and a quiet neighborhood. She was concerned that rezoning would allow large apartment buildings that would bring congestion and change the neighborhood character. She hoped to protect the neighborhood's quiet character while still addressing housing needs in other ways. Diana Kazuba, inside city limits, was against the rezone proposal because it jumps too many zoning levels too quickly without considering smaller steps, such as two-family zoning. Randall Johnson, inside city limits, addressed the reason for R3 instead of R2, and said the applicant doesn't meet the R2 rezoning requirements. Steven Severn, inside city limits, noted the public notice signs on the road and would like to be informed on these notices by mail. Tim McDonald, inside city limits, clarified that he does live in Forest Acres, and has no plans on building anything on his empty lot. Casie Warner, inside city limits, explained that she operates a nightly rental in her attached dwelling unit [ADU], but emphasized that the rules for short-term rentals apply equally across all zoning types. She explained why she had applied for this application and the reasoning behind it. She rejected claims that her support for rezoning is a money grab and invited anyone to speak with her directly. She said that multifamily units fill an important gap and questioned why the community opposed her while remaining silent during earlier R3 rezonings. No one else appeared and the public hearing was closed. Motion (Pemberton/Sullivan) Approve Resolution 2025-027 The commission discussed their views on the rezoning of RR to R3 for this location. Griswold referenced the Title 15 code and she said that planning rules are meant to protect health, safety, and the community. The roads and utilities in the area are not adequate for R3 zoning. She spoke about road width, sidewalks, and emergency access, high density, tourists, short term rentals, traffic and character of this subdivision. She explained what R3 zoning would allow how and the rezoning would lower property values and go against the purpose of the RR zone. She concluded that new housing should focus on vacant sites and be done in ways that match the community plan. Motion Failed 2-4 Yes: Verhey, Hornseth No: Sullivan, Pemberton, Hubbard, Griswold City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 2, 2025 Volume 8, Page 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. Motion (Sullivan/Pemberton) Approve Resolution 2025-028 Bringhurst explained that a veterinary hospital has been offering services at the local animal shelter, but the zoning rules did not allow it in that district. The commission had discussed updating the zoning code to address this by including a definition for animal shelter and changing "veterinary hospital" to "veterinary services". The amendment would also change the zoning rules, so veterinary services would be allowed outright in Auto Commercial, Industrial, Resource Management, and Institutional zoning districts. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Becky Dunn, inside city limits, spoke in favor of the change and thanked the City of Seward for allowing the animal shelter to hold low-cost spay and neuter clinics. She noted that a local veterinarian is available for some services. No one else appeared and the public hearing was closed. The Commissioners discussed the resolution. Pemberton had concerns about the noise from barking dogs at an animal shelter. She wanted more community input before she could support this resolution. Motion Passed 5-1 Yes: Hornseth, Hubbard, Verhey, Sullivan, Griswold No: Pemberton 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. Motion (Sullivan/Hornseth) Approve Resolution 2025-029 Bringhurst discussed the lack of clarity in the city code about mixed -use buildings in housing and parking, especially apartments in commercial buildings. She said the commission proposed updating the code by defining "mixed -use development" as a project that combines two or more permitted uses. She said the proposed code update would allow apartments in mixed -use buildings and be allowed in several different zones. These amendments would also clear up confusion about parking rules. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. 8 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 2, 2025 Volume 8, Page Kelli Hatfield, outside city limits, thanked the commission for their work. She appreciated the easier definitions, the new outright allowed uses, and supported the decision that gives her flexibility to manage parking. She noted it makes sense to not require parking for a restaurant with apartments above when other nearby uses bring in more traffic. No one else appeared and the public hearing was closed. Sullivan supported the changes because they would give people more opportunities to develop housing above businesses. The flexibility would support new development and provide more options for the community. Hornseth said the changes encouraged building housing by setting clear rules, instead of leaving future decisions up to the ever -changing lineup of P&Z commissioners. He felt this legislation would level the playing field and support more housing development. Pemberton wanted to hear more from what the majority of the community wanted, which is not necessarily what the commission wants. Motion Passed 5-1 Yes: Verhey, Hubbard, Hornseth, Sullivan, Griswold No: Pemberton 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 Motion (Hornseth/Verhey) Approve Resolution 2025-030 Bringhurst explained that the sign code amendment was about temporary signs as well as addressing concerns about unclear rules for awnings. She explained sign sizes in residential and commercial areas, content -based rules for political signs, and feather signs for vendors at approved community events. Hubbard brought up political signs, electric signs, animated signs, and illuminated signs. Griswold questioned if temporary signs could include a timestamp. Hubbard about if a parked vehicle with a sign on it would be considered a sign. 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. Hornseth said this sign code update was the result of a lot of work and discussion. He stated the sign code is complicated and this amendment brings the city into compliance. He felt it was a good step forward and fully supported it. 9 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 2, 2025 Volume 8, Page Verhey also fully sported this update to the sign code. Sullivan said the city code is a living document that needs updating as new issues arise. While not everything can be anticipated, this amendment is solid, and the result of a lot of hard work. She felt it was a very good product overall. Motion Passed Unanimous UNFINISHED BUSINESS — None NEW BUSINESS Other New Business Review absence notification requirements for meetings Meuninck explained that the commission discussed the need for a code enforcement officer and recently submitted a memorandum of support to the city council. He noted that commissioners have not been following the code when it comes to absence rules. He also explained the code requirements for a commissioner to have an excused absence. This discussion item was to make sure the commission was aware of the current rules, start following them, and consider any recommended changes. Griswold had taken a close look at city code and presented the changes she would like to see as a laydown item. The commission discussed current city code and proposed changes to streamline the process. Discuss work session topic for September 16, 2025 The Work Session topic for September 16, 2025 will be to review a draft ordinance for parking and to review the Municipal Land Inventory and Management Plan for 2025. INFORMATIONAL ITEMS AND REPORTS Reminder of upcoming P&Z Meetings Work session on Tuesday, September 16, 2025, at 6:00 pm in Council Chambers. Regular meeting on Tuesday, October 14, 2025, at 7:00 pm in Council Chambers. FINAL PUBLIC COMMENTS Sarah Tougas, inside city limits, thanked the commission for their work and for listening to community concerns. She questioned the impact that new subdivision homes and duplexes would have on the rental market. 10 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes September 2, 2025 Volume 8, Page ADMINISTRATION AND COMMISSION COMMENTS AND RESPONSES TO PUBLIC COMMENTS Meuninck thanked the public for attending and noted it was the biggest turnout he had experienced. He reminded everyone of the deadline code and that the meeting must adjourn by 10:30 p.m. and expressed appreciation for their time. Kurtz apologized for the earlier issues with the timer, explaining she was getting back into the groove after missing the past two meetings. Sullivan expressed gratitude that the public attended, noting their input brings new perspectives and strengthens the decision -making process. She also thanked the administration for organizing everything and acknowledged that all the commissioners are learning and adapting. Pemberton expressed gratitude to the public, saying that part of her role is understanding what the community wants. She emphasized that rules and big ideas only matter if they reflect the needs of the community. She appreciated the public's participation and input. Hubbard expressed appreciation for the applicant's effort on the rezone resolution. She acknowledged that R3 zoning is a big change and not everyone wants to share walls or floors. However, there are ways to allow more density while keeping it comfortable for R1 residents. She also thanked city staff for answering questions, providing clarity. Lastly, Hubbard emphasized the value of respectful discussion even when opinions differed. Griswold summarized the events and actions that took place during the meeting. She thanked the public for their strong turnout and participation, praised city staff for handling complex issues and last-minute tasks, and acknowledged the Commission and Clerk's Office for their support and contributions. ADJOURNMENT The meeting was adjourned at 9:56 p.m. Jodi Kurtz Carol Griswold Deputy City Clerk Chair (City Seal) 11 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes October 21, 2025 Volume 8, Page CALL TO ORDER The October 21, 2025 Special Meeting of the Planning & Zoning Commission was called to order at 7:04 p.m. by Chair Carol Griswold. PLEDGE OF ALLEGIANCE Commissioner Pemberton led the Pledge of Allegiance. ROLL CALL There were present: Carol Griswold, presiding, and Brenan Hornseth Nathaniel Charbonneau Vanessa Verhey Rhonda Hubbard Clare Sullivan June Pemberton comprising a quorum of the Commission; and Daniel Meuninck, Community Development Director Courtney Bringhurst, City Planner Jamie Crocker, Executive Planning Assistant Jodi Kurtz, Deputy City Clerk Excused — None Absent — None PUBLIC COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS PUBLIC HEARING Casie Warner, inside city limits, commented about the discrepancy on the of land for housing. PUBLIC HEARINGS Resolutions Requiring Public Hearing SCHEDULED FOR zones and the parcels 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. 12 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes October 21, 2025 Volume 8, Page [Quasi-judicial item. Commissioners may not discuss any items about this Resolution with the applicant, other commissioners, or the public.] City Planner Courtney Bringhurst explained that this conditional use permit [CUP] to construct a fourplex at 2009 Phoenix Road is located within a multifamily residential zoning district and meets all required development standards, including setbacks, building height, and lot coverage. She also briefly shared the description of the units, parking requirements, installation of bear - resistant refuse containers within a three -walled enclosure, and landscaping with grass and ornamental shrubbery on all non -developed areas of the property. Courtney explained that a certificate of occupancy will not be granted until the above conditions have been met. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Phil Zimmerman, outside city limits, was the developer and was available to answer any questions that the commission asked. No one else appeared and the public hearing was closed. Motion (Sullivan/Pemberton) Approve Resolution 2025-031 Hubbard made a motion to strike the first sentence in condition #4 to read as follow: The applicant shall be required to provide the minimum number of parking spaces on sites as required by city code for multi -family dwellings. However, the motion failed to receive a second. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS Reminder of upcoming P&Z Meetings Regular meeting on Tuesday, November 4, at 7:00 pm in Council Chambers at City Hall. FINAL PUBLIC COMMENTS - None ADMINISTRATION AND COMMISSION COMMENTS AND RESPONSES TO PUBLIC COMMENTS Meuninck spoke about the great public engagement during the work session. He also wanted to get the perspective of the Planning and Zoning Commission at some point for their input. Bringhurst said it was great to see so much positive energy from the public. The feedback would be incorporated into the next update of the Comprehensive Plan. Sullivan congratulated Community Development for their hard work. The information they put together was clear and well presented. 13 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes October 21, 2025 Volume 8, Page Hubbard expressed her disappointment with her colleges for not supporting her proposed amendment. She was concerned about the commission not stepping up to relieve the regulatory burden for those trying to provide housing. She thanked the administration for their work and looked forward to more discussions. Griswold thanked the staff for their handouts and a terrific work session. She thanked the CUP applicant Phil Zimmerman for his efforts to provide more housing. ADJOURNMENT The meeting was adjourned at 7:27 p.m. Jodi Kurtz Carol Griswold Deputy City Clerk Chair (City Seal) 14 Planning and Zoning Agenda Statement Meeting Date: November 4, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2025-032 of the Planning and Zoning Commission of the City of Seward, Alaska, granting a conditional use permit to the Alaska Railroad Corporation for the installation of a Living Reef within Tideland Parcel No. 14734009, located southeast of the Alaska SeaLife Center, within the Central Business (CB) zoning district Background and justification: The Alaska Railroad Corporation (ARRC) has proposed the construction of an artificial reef in Resurrection Bay, adjacent to the Alaska SeaLife Center (ASLC), as compensatory mitigation for the expansion of the Seward Freight Dock. The reef is designed to provide critical habitat for juvenile fish, marine invertebrates, and native subtidal vegetation, offsetting impacts to approximately 4.7 acres of tidal soft -bottom fill resulting from the dock expansion. This project was developed in consultation with local and regional stakeholders and will be monitored by the ASLC to ensure ecological success, with funding for design and construction provided by ARRC. The proposed site, east of the SeaLife Center, occupies tidelands historically altered by the 1964 earthquake and former railroad dock structures. The area features a mix of shallow rocky zones and deeper silty -sand substrates, suitable for reef installation. The reef will utilize artificial structures referred to as "Reef Balls," and arranged in clusters to maintain open spaces that provide shelter and refuge for fish and benthic organisms. The artificial reef is designed to restore habitat in a location and depth comparable to the impacted area and can be expanded in the future to mitigate additional impacts from dock widening. Implementation will be carried out in three phases, with the first phase estimated to be completed in February of 2027. The ASLC will receive an annual allowance to support ongoing observation and monitoring of the artificial reef, which will include surveys using scuba diving, underwater video, hook -and -line sampling, and fish traps. By restoring ecological functions to altered tidelands, providing critical habitat for marine species, and supporting educational and research opportunities, the project offers significant environmental and community benefits. Although the proposed location for the living reef lies within the tidelands, the parcel is designated as part of the CB Zoning District within the City of Seward. All zoned lands in the city are regulated under Seward City Code (SCC) Title 15 — Planning and Land Use Regulations. The Land Uses Allowed table in SCC 15.10.226 does not identify a specific land use category that would encompass a living reef. However, SCC 15.10.125(B) states that "in cases of reasonable doubt as to whether a use is permitted in a specific zone, the guidelines established for conditional uses shall apply." Accordingly, a Conditional Use Permit is required for the installation of the proposed living reef. 15 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; 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. Surrounding Land Use: The location of the proposed use is underwater and will not affect surrounding land uses. The Alaska SeaLife Center is adjacent to the project site. Floodplain status: Since the project location is within the tidelands and proposed to be installed underwater, it is within a VE floodzone. The project has been reviewed and approved by the US Corp of Engineers and will be installed by a marine contractor. Similar artificial reefs have already been installed successfully in other Alaskan coastal communities. Utilities: City utilities are not necessary for the function and purpose of the artificial reef. Parking: These requirements are not applicable to this project. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1 Ch 2.2.2 - Natural Environment and Open Space 16 Plan: • "Plan for the careful use of natural resources in order to prevent depletion, prevent pollution and to do no harm to the environment." • "Strive to meet or exceed standards and regulations for compliance with state and federal environmental regulations." Strategic Plan: N/A Staff Comments 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 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. Recommended Conditions 1. The applicant shall obtain, prior to installation, a separate permit or authorization from the City of Seward granting the right to access and utilize City -owned tidelands for the installation and maintenance of the artificial reef. 2. All artificial reef structures shall be installed under the supervision of, and certified by, a licensed professional engineer with demonstrated experience in marine or coastal engineering. 3. The applicant shall be responsible for establishing and maintaining formal agreements to ensure the ongoing monitoring, reporting, and maintenance of the artificial reef in accordance with applicable environmental standards. 4. 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. 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. 17 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. 18 Sponsored by: Applicant Public Hearing: November 4, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-032 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO THE ALASKA RAILROAD CORPORATION FOR THE INSTALLATION OF A LIVING REEF WITHIN TIDELAND PARCEL NO. 14734009, LOCATED SOUTHEAST OF THE ALASKA SEALIFE CENTER, WITHIN THE CENTRAL BUSINESS (CB) ZONING DISTRICT WHEREAS, the Alaska Railroad Corporation (ARRC) has proposed the construction of an artificial reef in Resurrection Bay, adjacent to the Alaska SeaLife Center (ASLC), as compensatory mitigation for the expansion of the Seward Freight Dock; and WHEREAS, the reef will utilize artificial reef structures, referred to as "Reef Balls," which will be arranged in clusters to create interstitial spaces that provide shelter and refuge for fish and benthic organisms; and WHEREAS, the artificial reef is designed to restore marine habitat in a location and depth comparable to the area impacted by the dock expansion and may be expanded in the future to provide additional mitigation for subsequent dock improvements; and WHEREAS, the property is in a Central Business (CB) zoning district; and WHEREAS, all zoned lands within the City of Seward are regulated by Seward City Code Title 15 - Planning and Land Use Regulations; and WHEREAS, the Land Uses Allowed table in SCC 15.10.226 does not specify a category of land use in which a living reef could be categorized; and WHEREAS, SCC 15.10.125B says that "in cases of reasonable doubt as to whether a use is permitted in a specific zone, the guidelines established for conditional uses shall apply"; 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; and WHEREAS, by restoring ecological functions to altered tidelands, providing critical habitat for marine species, and supporting educational and research opportunities, the proposed artificial reef project will provide substantial environmental and community benefits to the City of Seward and the surrounding region. 19 CITY OF SEWARD, ALASKA RESOLUTION 2025-032 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, the proposed use presents a unique circumstance in which tidelands have been assigned a zoning district designation, despite the low likelihood of traditional "land use" development. However, the installation of an artificial reef is compatible with the nature and intent of tideland and underwater uses, and therefore consistent with the purpose of the zoning district and the Seward Zoning Code. B. The value of the adjoining property will not be significantly impaired. a. Finding: Surrounding properties are characterized by marine -related and waterfront activities. The installation of an artificial reef is not anticipated to adversely affect the value or use of adjoining properties and may enhance the ecological and educational value of the area. 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 2.2.2 - Natural Environment and Open Space • "Plan for the careful use of natural resources in order to prevent depletion, prevent pollution and to do no harm to the environment." • "Strive to meet or exceed standards and regulations for compliance with state and federal environmental regulations." D. Public services and facilities are adequate to serve the proposed use. a. Finding: Yes, City utilities and public infrastructure are not required for the function or operation of the artificial reef. Ongoing monitoring and maintenance will be conducted by the Alaska SeaLife Center, ensuring adequate support for the proposed use. E. The proposed use will not be harmful to the public safety, health, or welfare. a. Finding: This condition has been satisfied. Artificial reefs have been successfully implemented in other Alaskan coastal communities without adverse effects. The structures will be designed and installed under the supervision of a certified marine engineer, ensuring safety, stability, and environmental compliance. 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: 20 CITY OF SEWARD, ALASKA RESOLUTION 2025-032 1. The applicant shall obtain, prior to installation, a separate permit or authorization from the City of Seward granting the right to access and utilize City -owned tidelands for the installation and maintenance of the artificial reef. 2. All artificial reef structures shall be installed under the supervision of, and certified by, a licensed professional engineer with demonstrated experience in marine or coastal engineering. 3. The applicant shall be responsible for establishing and maintaining formal agreements to ensure the ongoing monitoring, reporting, and maintenance of the artificial reef in accordance with applicable environmental standards. 4. Per Seward City Code § 15.10.325(0. 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. 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 the Alaska Railroad Corporation to install a living reef within the tideland parcel 14734009, located to the southeast of the Alaska SeaLife Center. 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 4th day of November, 2025. 21 CITY OF SEWARD, ALASKA RESOLUTION 2025-032 THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 22 CITY OF SEWARD P. O. Box 167 410 Adams Street Seward, Alaska 99664 Community Development 907.224.4048- Director 907.224.4020- Planner 907.224.4049- Planning Assistant CONDITIONAL USE PERMIT APPLICATION 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. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $374.50 nonrefundable filing fee. In addition, please provide an as -built survey if the property has been developed or a scaled site plan with elevations if the property is undeveloped. Applicant: Alaska Railroad Corporation Address: 327 Ship Creek Rd Telephone Number: (907) 265-2217 Email: greere@akrr.com Property Owner (if other than applicant): City of Seward Address: 410 Adams Street Telephone Number: (907) 224-4020 Property Description Address: Lot Size: Email: cbringhurst@cityofseward.net Lot: Block: Subdivision: Kenai Peninsula Borough Tax Parcel ID Number: 14734009 Development Information What structures are on the property? None How is the property being used? Tidelands What is the proposed use of the property? Establishment of a reef What is the development timeline? Complete by Spring 2027 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 attached pages for specific City Code requirements) 23 A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. Central Business (CB) fur ind ine fauna and suL Lldal dertatiu1I. ft IN; H be Dui r pvs ahm'ts in clusters B) Describe any impacts to the adjoining properties and how property values may be affected. S�rppurl Liie BedLife Center'brlliSsiurr di' ul. nti IIy en di rucreatiurrai Ciivirly C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: http:llwww.citvofseward.usl TI icts ierc l� no confl d D) Describe / list the public services and facilities that will serve the proposed use. (Le., roads, utilities.) Enhancement of marine life E) The proposed project or use must not be harmful to the public health, safety and welfare. Describe any mitigation measures that may be needed to protect the public health, safety and welfare. GLasl Uartl and NOAA will lie ill ()line of installation F) Include building elevation T) Property dimensions 2) Location and dimensions 3) Parking configuration 4) Driveways and access 5) Natural features 6) Other pertinent information plans and of ■ a site existing 1 plan, drawn to scale. The and planned buildings site plan should include: 24 hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge and that I have the following legal interest in the property: Authorized to act for a person who has the following I I understand that this item will be scheduled for action only if all application materials are submitted not Tess than three 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: Elizabeth Greer Digitally signed by Elizabeth Greer Date: 2025. 09.2913:55:41 -08'00' Property Owner Signature: Enclosed: $374.50 Payme Dimensioned plot plan / drawingsZ Other: ra/eJas- 25 CITY OF SEWARD P. O. Box 167 410 Adams Street Seward, Alaska 99664 September 23, 2025 Community Development (907) 224,4.020 cbringhurst@cityofsewarcl.net Subject: Letter of Authorization — Conditional Use Permit Application To the Seward Planning and Zoning Commission: The City of Seward is the owner of certain tidelands located within the corporate boundaries of the City, more particularly described as: "That point of ATS 174 in Section 10 & lying southwesterly of Seward Original Townsite Waterfront Park Replat, Tract A, Excluding that point described in Easement recorded at Book 21, page 182" (Parcel ID# 14734009) The City of Seward hereby authorizes the Alaska Railroad to act as the applicant and to submit a Conditional Use Permit (CUP) application for the above -described tidelands. This authorization includes the authority to represent the City in all matters related to the CUP application, including filing, communications, and participation in proceedings before the City of Seward Planning and Zoning Commission and any other reviewing agencies. Sincerely, Kat Sorens Signature: Title: e % City of Seward Seward City Code is available at https://library.municode.com/ak/seward/codes/code of ordinances 26 � 1 1• Key Single-family Residential Multi -family Residential Urban Residential Office Residential Central Business Auto Commercial Industrial Resource Management Institutional Park 1000 feet 14734009 Context Map Actual placement site for living reef Conditional Use Permit Application Property Map RES 2025-032 - Granting a conditional use permit to install a living reef in City tidelands Location: City tidelands southeast of the Alaska SeaLife Center Parcel #: 14734009 27 D\SEWARD PORT \SEWARD FREIGHT DOCK AND PORT \ ENVIRONMENTAL \ MITIGATION \CAD FILES \S PROPOSED ARTIFICIAL REEF MITIGATION — PHASE 1, APPROX.100,000 SQF PROPOSED ARTIFICIAL REEF STRUCTURE "REEF BALLS" OR APPROVED EQUAL LOCATION: P:\PROJECTS\01 PROJECTS\03 AT A. RAILROAD SEWARD FREIGHT DOCK EXPANSION PROJECT MITIGATION LAT: 60.1180 N, LONG: 149.4242 W 0 80 160 FEET HORIZONTAL DATUM NAD83 AK STATE PLANE 4 RUSSIA KOTZEBUE PROJECT LOCATION SEWARD, AK ALASKA VICINITY MAP NTS CANADA APPLICANT: ALASKA RAILROAD CORPORATION PERMIT NO: TBD WATERWAY: RESURRECTION BAY LOCATION: SEC 3, T1S, R1W, SM SHEET 02 OF 02 DATE: October 31, 2024 28 Seward Freight Dock Expansion Permittee - Responsible Mitigation Plan: Seward Living Reef The Alaska Railroad, the City of Seward, and the Alaska SeaLife Center's establishment of an Artificial Reef POA-xxx-xxxx September 15, 2025 (Draft) PND Project No. 201122-08 PREPARED FOR: ALASKA RAILROAD ALASKA RAILROAD 327 W. Ship Creek Avenue Anchorage, AK 99510 PREPARED BY: E\CTNF:F.RS, PND ENGINEERS, INC. 1506 W. 36th Avenue Anchorage, AK 99503 29 Seward Living Reef - Artificial Reef Table of Contents Executive Summary 3 Goals and Objectives 3 1. Introduction 4 2. Project History 4 3. Mitigation Project 6 4. Artificial Reefs in Alaska 7 5. Proposed Mitigation Site and Baseline Information 9 6. Proposed Mitigation Plan 12 7. Regulatory Compliance 18 8. Mitigation Work Plan 18 9. Maintenance and Monitoring Requirements 19 10. Financial Assurances 19 11. Future Reef Expansion 19 Appendix A — Reef Size Calculations 20 Appendix B — Reef Plans Phase 1 20 Appendix C — Reef Plans Phase 2 & 3 20 Appendix D — Mitigation Log 20 Acronyms AR Artificial Reef ARRC Alaska Railroad CFR Code of Federal Regulations EA Environmental Assessment El. Elevation (MLLW) m meters MARAD Maritime Administration NEPA National Environmental Policy Act USACE United States Army Corps of Engineers WOTUS Waters of the United States 2 30 Seward Living Reef - Artificial Reef Executive Summary This document recommends the development of an artificial reef (AR) colony in Seward, Alaska, adjacent to and in cooperation with the Alaska SeaLife Center and the City of Seward. The AR colony would be located in the shallow water, above El. -80.0, in the tidelands of Resurrection Bay, south of the downtown area and adjacent to the Alaska SeaLife Center. It would provide habitat for juvenile fish, marine invertebrates, and native subtidal vegetation. Monitoring of the AR colony would be provided by the SeaLife Center. This project will provide compensatory mitigation for the expansion of the Seward Freight Dock, at the head of Resurrection Bay. Funding for design and construction will be provided by the Alaska Railroad (ARRC). The artificial reef will be composed of structural units in clusters over an area equal (1:1) in the area to be filled at the freight dock expansion. The reef is anticipated to be constructed in phases, but may be constructed to full build out if funding is available. Goals and Objectives 1. Provide compensatory mitigation to offset impacts of 4.7 acres of fill over tidal soft bottom resources. 2. Be placed in a similar location and water depth as the area to be impacted; 3. Allow for expansion of the reef for mitigation for the future dock widening. 3 31 Seward Living Reef - Artificial Reef 1. Introduction Compensatory Mitigation is required to offset unavoidable impacts to wetlands and navigable waters (33 Code of Federal Regulations [CFR] Parts 325 and 322; 40 CFR Part 230) after all appropriate and practicable steps have been taken to avoid and minimize adverse impacts to the aquatic ecosystem, pursuant to Clean Water Act Section 404(b)(1) Guidelines. Compensatory mitigation can be achieved through restoration, enhancement, or preservation of a new or existing wetland or aquatic site. This plan is written in accordance with Compensatory Mitigation Considerations for the U.S. Army Corps of Engineers, Alaska District Regulatory, dated January 2025. As no opportunities for mitigation bank or in - lieu fee credit purchase exist, the permittee will be responsible for executing this mitigation plan. The purpose of this plan is to describe permittee-responsible compensatory mitigation that will be executed to offset impacts of the Seward Freight Dock Expansion Project (POA-xxx-xxxx). The construction will result in approximately 4.7 acres loss of waters of the U.S. (WOTUS) in Resurrection Bay. The project, its purpose and need, and associated impacts are described in detail in the applicant's project description. The compensatory mitigation plan will be funded and executed by the project proponent, ARRC. The Maritime Administration (MARAD) is the lead federal agency for the project and is partially funding design and construction. An Environmental Assessment (EA) has been prepared for the project in accordance with the National Environmental Policy Act (NEPA) of 1969. 2. Project History The proposed project is described in detail in the associated NEPA documentation and permit applications. An Alternatives Analysis was completed in accordance with Clean Water Act Section 404(b)(1) Guidelines. The existing Seward Freight Dock is a sheet pile fill bulkhead constructed on alluvial material deposited by Resurrection Creek. It was constructed against an old groin east of the passenger dock. Figure 1 - Existing Seward Freight Dock, on right. 4 32 Seward Living Reef - Artificial Reef The Freight Dock expansion will be phased as funding is available. The first phase, shown in brown below, will extend the dock an additional 375 feet and will be the same type of sheet pile construction, as what is currently there, with fill to the groin area. 0 .90 OD 110 lea Fr FUTURE WIDENING 7 EXISTING DOCK / AREA 3) FUTURE WIDENING EXISTING DOCK (AREA 2) • 1630,2 j EXISTING r» p, i .. z•-,1, -fix;=i.x =; III9ti' tat .711 L NEW 37SY OCSP'"' FREIGHT DOCK EXTENSION {AREA 1) EXISTING GROIN, - TO REMAIN The area to be filled in Phase 1 is 2.8 acres and in alluvial deposits, predominately above El - 5.0. The deposit drops off to about El -30.0 at the proposed face of dock Phase 2 fill is approximately 1.7 acres, and Phase 3 is approximately 0.2 acres. The photos in Figure 3 and Figure 4 were taken with a tide at approximate El. -1.0, June 8, 2023. Figure 2 - Proposed Seward Freight Dock Expansion Phases Figure 3 - Seward Freight Dock - Sediment Groin 5 33 Seward Living Reef - Artificial Reef Figure 4 - Seward Freight Dock Sediment Groin - Proposed Fill Area 3. Mitigation Project The Seward Freight Dock Expansion was designed with the lowest environmental impact possible while still meeting project purpose and need. In accordance with 33 CFR §320.4(r), project impacts are specifically identifiable, reasonably likely to occur, and of importance to the aquatic environment. As a result, compensatory mitigation is necessary to reduce the adverse impacts so that they are no more than minimal (33 CFR §330.1(e)(3)). Seward and the surrounding Resurrection Bay area do not have a Mitigation bank. ARRC and its consultant, PND Engineers, explored several mitigation opportunities in the area. Local and Regional stakeholders were consulted, concepts tracked, and options assessed. An artificial reef was selected as the preferred alternative, as it provides benefits to a proximate and similar in -water area, has local support, and can be completed on a schedule. Partnering with the Alaska SeaLife Center will allow for professional support during development and post -construction monitoring. The artificial reef colony (reef) would be developed in Seward, Alaska in cooperation with the Alaska SeaLife Center. The reef would be located in the shallow water, above El. -80.0, in the tidelands of Resurrection Bay, south of the downtown area and adjacent to the Alaska SeaLife Center. It will provide habitat for juvenile fish, marine invertebrates, and native subtidal vegetation. Monitoring of the reef will be provided by the SeaLife Center. Funding for design and construction will be provided by the ARRC. 6 34 Seward Living Reef - Artificial Reef Figure 5 - Alaska SeaLife Center, credit City of Seward. 4. Artificial Reefs in Alaska Artificial reefs (AR) are manufactured concrete objects deployed on the seafloor with the effect of influencing biological and physical parameters in the marine environment. Worldwide, AR are used to restore or enhance productivity in marine ecosystems. In the United States, AR have been utilized in the coastal waters of Gulf of Mexico, Atlantic, and Pacific states. In the Gulf of Mexico and South Atlantic states, AR are known to provide Essential Fish Habitat. Artificial reef designs integrate biology and engineering to create specific habitats that mimic natural habitat. These artificial structures encourage settlement by marine plants and benthic invertebrates and provide shelter and a forage base for fish. The two most common AR structures used worldwide are pyramidal concrete structures called Fish Havens (©Artificial Reef, Inc.) and spherical concrete reef structures called Reef Balls (© Reefball Foundation). This type of reef has been installed in Alaska at False Pass and Smitty's Cove in Whittier (Figures 6 & 7). The artificial reef was the first of its kind used in Alaska, and was constructed in spring of 2006. The purpose of the pilot project was to evaluate the reef's potential as a fish habitat restoration tool in sub - Arctic marine waters. Excerpt from NOAA memo: "In spring 2006, NMFS will install Alaska's first artificial reef near Whittier in western Prince William Sound (PWS). The purpose of this pilot project is to evaluate the reef's potential as a fish habitat restoration tool in sub -Arctic marine waters." The intent was for colonization by marine plants and animals increased biomass productivity for selected species and increased habitat complexity. 7 35 Seward Living Reef - Artificial Reef Figure 6 - Reef Balls Installation - Whittier Alaska The project installed sphere -shaped Reef Balls in accordance with a mitigation commitment. The result was a reef of 90 each Fish Havens and Reef Balls deployed in three paired patches on a declining slope (15-20m depth) over mixed soft and hard sediment substrates. Figure 7 - Installed Reef — Whittier, Alaska 8 36 Seward Living Reef - Artificial Reef 5. Proposed Mitigation Site and Baseline Information The concept of developing a reef colony was one of the proposed mitigation alternatives suggested by the Alaska SeaLife Center. Figure 8- Proposed location of Reef, east of the SeaLife Center Figure 9-Old Railroad Pier A reef colony immediately east of the Alaska SeaLife Center, in the location of the old Railroad Dock, would improve benthic habitat for flora, fauna and features. This area was altered during the 1964 Earthquake and associated tsunami which included elimination of much the rocky area and manmade structures. The proximity to the Alaska SeaLife Center would allow the developing reef colony to be easily observed and monitored. 9 37 Seward Living Reef - Artificial Reef 3 Figure 10 - Surveyed Bathymetry An underwater bathymetric survey had recently been done by the SLC for the planning of a separate project in the vicinity of their facility. This survey shows a reasonable sloped area above contour EL -80.0 to the tidelands. These tidelands are located in (pre -state) property owned by the City of Seward. Authorization for installation will be required from the City. The Alaska SeaLife Center completed a reconnaissance survey of the proposed reef area (reference SeaLife Center Video, 16 October 2024). The benthic area was documented with approximately 20 minutes of (SCUBA) dive video. The shallower areas have small to medium rocks with some marine growth. Some debris and timber piling are present, which are assumed to have been part of pre-1964 Railroad dock trestle. Deeper water is silty sands with limited marine growth. The remaining segments of the timber piling have established marine growth. Figure 11 - Shallow Water of proposed Reef area 10 38 Seward Living Reef - Artificial Reef Figure 12 - Deep Water of proposed Reef Areas Figure 13 - Sand Bottom in proposed Deep Reef Areas Figure 14 - Sand Bottom in proposed Deep Reef Areas 11 39 Seward Living Reef - Artificial Reef 6. Proposed Mitigation Plan ARRC is proposing mitigation of an artificial Reef to enhance fish habitat and provide areas for greater marine growth and fish habitat. The Reef will include artificial structures "units" in spaced clusters. They will be placed in a similar location and water depth as the area to be impacted and provide a benthic habitat with interstitial spaces that provides refuge for benthic organisms and juvenile fish n + I111. A rrr WP91PIgToN Swcrr l• •- .. -LR9F.a stiurt aTCER MIMED ARAFlCPL -EEF 4171CR1AC4l — A-ut• _ APPROK !WWI SaF _ — f -F r EEiii4/, �fi J � / l; A Rai PII✓t'! S61aaR0 §1:Cal r DOCK ESPP71 CN PR ELECT Ain:Arm LAT E0.11132 N, LONG 1042.42 Y: fw ! IrEET A.LASY.A ACINIT hiAP N73 PROPOSED AR11FI0141 RFFF STP.IJCTIIRF 'Pay 8ALL5• oR aK.Yea'm EQUAL fi 1 f t aPPL NTer; AL451% R+JIF6.40 CORPORRITIi PERM' pCC TDO Alen: .7r! RES u PECTID J RAY LDCATTat SEC i T75, 1,11y, Ili slam 02 Dr Ga 0.47E 0046ir 71, 2024 12 40 Seward Living Reef - Artificial Reef The Resurrection River is an anadromous water body that supports a significant run of all five salmon species occurring in Alaska: Chinook, chum, coho, pink, and sockeye as well as eulachon. Airport Creek on the airport property contains coho, chum, and sockeye salmon while an adjacent unnamed stream provides pink salmon spawning habitat (ADF&G 2022), and one of the streams mapped on the eastern side of the Reserve has provided spawning coho habitat (HDR 2013c). Chinook, sockeye, and coho salmon are stocked fisheries in Resurrection Bay. Resurrection Bay also provides Essential Fish Habitat (EFH) for groundfish species during one or more life cycle stages, including Pacific cod, flathead sole, and walleye pollock (HDR 2013c). Additional species listed in the Groundfish of the Gulf of Alaska Fishery Management Plan (GFMP) (NPFMC 2020) that have been sampled in the bay include buffalo sculpin, sand sole, great sculpin, speckled sanddab, prowfish, starry flounder, and other juvenile flatfish and sculpin, as well as abundant Pacific herring (a GFMP- prohibited species) (NOAA Fisheries 2021). Pacific sand lance, a fishery forage species, is also abundant. Reef units will be set in clusters to establish fish protective areas, primarily for salmon smolt, and still allow portions of the sandy bottom to remain. The reef units are sized such that they will be individually stable under the influence of tide, current, and wave conditions that area reasonable likely to occur during storm events. The migration pathways and return times vary between different salmon species and stocks. (10) Eventually, environmental cues cause fry to begin their migration downstream towards the oceans. At this time, smolting begins, and scales grow as they turn a silvery color. At night to avoid predators, small fry (or developing smolts) allow the river to take them tail -first downstream while larger fry swim actively towards the ocean. Estuaries, at the mouth of the river, are crucial to the survival of young smolts. While allowing their bodies to adjust to the new conditions, they feed heavily, hoping to ensure survival in the ocean. (11) Given the limited inland fresh water streams and tributaries around Resurrection Bay, smelts would be able to reach the ocean quicker the other inland stocks. Compensatory mitigation to offset impacts is proposed at a 1:1 ratio. This will include the reef assemblies and clear substrate (foray) areas. The area of impact for each Phase of the Project are: • Phase 1: = 2.80 acres • Phase 2: = 1.72 acres • Phase 3: = 0.23 acres As limited information is available as the migration of smelt in the Bay, a study on the Damselfish is used as a basis to develop the Reef layout: Protective void space is the habitat that reefs create for fish. Just like trees create habitat for birds, providing them shade, hiding places, nesting sites and wind protection. The most critical function that coral (or any reef structure) provides to reef associated with fish, is protective void space. Protective void space is the area that protects fish (or other mobile marine life) from larger predators and provides shelter from energy -draining currents. All reef dwelling demersal fish species (as opposed to pelagic fish species) exhibit a certain degree of habitat fidelity, and need protective void space. The amount of protective void space provided by a reef helps to determine the carrying capacity for fish and other marine life of the reef Reefs with higher carrying capacities for small fish will also support a larger number of pelagic predators which feed on reef associated fish species. Protective void space is created 13 41 Seward Living Reef - Artificial Reef by reefs. A reef is defined as "a submerged ridge of rock or coral near the surface of the water" by the dictionary [Source: WordNet (r) 1.7] but for purposes of this manual it can be defined more loosely as rocks or outcroppings in the sea. Outcroppings can develop from coral branches and in the interior of the coral structures. The interior often contains holes and cavities of the eroded limestone. Outcroppings can also come from other biological organisms such as oysters and rocks can form from exposed hard bottom or other geological processes on the seabed. When considering rehabilitation options, it is often useful to try to quantify that amount of protective void space that has been lost or is being created by the lost or degraded reef. To compute an E PVS, calculate the maximum foray distance in all directions, which can be further defined as resting, foraging, mating, high current, predator attack, or other foray category as needed for the specific analysis goals, and subtract the volume of the reef space (natural or artificial) that cannot be occupied by the species. It may be easier to understand the concept by thinking of a single artificial reef module place on an open bottom as in the illustration below. Illustration of effective protective void space (EPVS) for Damselfish on a Pallet Ball sized Reef Ball categorized by daytime and nighttime foray. Damselfish Daytime (feeding) —,.. EPVS f Nighttime (non -feeding) EPVS Figure 15 - Illustration of effective protective void space (EPVS) for Damselfish on a Pallet Ball sized Methodology for Design of the Reef: • The required mitigation area used is the area of fill on seabed at a 1:1 ratio • Reef structural units are located in cluster with a spacing of clusters for visibility at approximately 50' * • The reef area created by each ball = Estimated "foray area" of 3 Diameters + Area of reef structural unit 14 42 Seward Living Reef - Artificial Reef Reef Structural units: A variety of materials have been used in the development of marine and estuarine artificial reefs in the United States. The Guidelines for Marine Artificial Reef Materials notes some of the considerations for material include: • Compatibility: Compatibility of materials with the marine environment is essential to developing a successful artificial reef. When there are documented environmental risks associated with using a specific material, those risks should be known and steps taken to minimize such risks. If the risks outweigh the other criteria, or minimizing the risks becomes too expensive, alternative materials should be considered. In the case of new materials with unknown risks, it is important that an environmental assessment be performed to determine the risks. • Durability: The marine environment is, at best, hostile to man-made materials. Therefore, artificial reef • materials should be selected for their resistance to the chemical and physical forces that will be in constant action in the marine environment. Durability is specifically related to how long a material will last in the marine environment in a form that will maintain its function and compatibility. • Stability: Stability is related to a material remaining in its original configuration and on the permitted site. This is especially important when artificial reefs are subjected to strong storm events, such as hurricanes. If a material is not stable, alternative materials should be considered. The Reef Ball Foundation's structural units were used to for the design of reef. This these units are widely used for the development of artificial reefs, and have been installed in Alaska. Goliath - Booster Ring Goliath Ball Super Ball UltraBoll Reef Ball Pallet Ball Bay Ball Mini -Bay Ball Lo-Pro Ball Oyster Ball wIDI11 HEIC H T WEIGHI CCINC:RETE VOLUME SURFACE AREA 0OF'-1O'S 6' 6" 3' 4000.6000 Ibs '2 mj (0.91 mj (1800.2727 kg) 6' 4'l0" 40130.6000lb, 0.83 m) (1.46 m) (1818.2727 &g) 6' 4'6" 4000-6000lbs 1.83 m) (1.37 m) (1818 - 2727 kg) 5' 3'10" 3000.4000111. (1.52 m) (1.83 m) (1360- 1818 kg) 6' 318" 3000-4200Ibs 11-12m) 11360- 1905 kg) 4' 2'11" 1200- 1500 bs (1.22m) (0.88m) (544. 816 ic. ) 1.3 yd3 (0.99 m3) 1.3yd3 (0.99 m3) 1.3 yd3 (0.99 m3) 0.75 yd3 (0.57 m.3) 0.75 yd3 (0.57 m3) 0.33 yd3 (0.25 m3f 180 ft2 116.7 m2) 230 ft2 (21.4 m2) 190 ft2 117.E rn2) 150 ff2 (14 m2) 130 fit 112 m2) 75 142 (7 m2) 15-25 25.40 22.34 22.34 22.34 15.20 3' 2' 375 - 7501bs 0.16 yd3 91 ni! (0.61161 1170-310kg) (0-12m3) 40112 {3.7 m2) 11 - 16 2'6"' i0 7bm) 2' ' 0 .51 Rf . 0. 46m) (0.53m) `0.46m) ;G.3Gr») 250 - 400 am (113. 181 kg) 100. 200 Ibs 4s 90 kg) 40-6016s '1a 27 k ) • 0.09 yd3 .0.07 m3) 0.05 yd3 04 n131 0.016 yd3 f'0.012 m3) 30 ft2 {?.8 m2) 17 ft2 (i.6 m2) i 112 (0.74 m2) 9-14 8-12 6-8 o c}e'C .e®®® ealk Figure 16 - Reef Ball Sizes and Specifications • O'4 7ft 5ft- 3ft- 1ft• 3m 2m .1m 15 43 Seward Living Reef - Artificial Reef The Whittier reef used a 6' "Reef Ball" unit. This unit mold is no longer in production. Similar sizes are considered feasible based on similar installation and substrate as Whittier and constructability. The following text is from a Step -by -Step Guide for Grassroots Efforts to Reef Rehabilitation, The Reef Ball Foundation (Reference 3). It is noted that the method is set for in -kind replacement so maintenance of the foray areas is not directly related, but using an area, as opposed to volume, allows a quantitative assessment of reef structures needed to develop a reef at a 1:1 ratio. The number of units (balls) are calculates dividing Mitigation Area/Reef Area for each unit. These are laid out in clusters with set clearances between them Recommendations were requested from the Reef Ball Foundation for reef clusters to open/sandy bottom. The following information was provided by Todd R. Barber, Chairman, Reef Ball Foundation 12/18/2024: It's usually important to try to mimic the nearshore natural reef systems, typically Reef Balls are in clusters to take advantage of shelter between Reef Balls (usually 5-10 Reef Balls in a cluster) and then to have the clusters comprise the overall reef footprint based on the density target (and that often depends on marine life goals as some species like foraging spaces where as others just need the surface area of the reef) 1 usually recommend that the clusters are within average visual range of the water....so for example if your area averages 50 feet of visibility then 50 foot spacing between clusters is nice. Ranges in practice are 5 -10 yards for a dense reef, 10-25 yards for an average reef, and 75-225 yards apart for deeper water sand/mud dominated sparse reefs. Considerations are diving trail configurations that lead divers (or monitoring surveys) along specific human paths. In those cases, it's nice to design the clusters in specific navigational paths. Other considerations are any natural features within the planned deployment area where the Reef Balls can complement the feature. Sometimes, you also want one area (i.e. center of the reef) very dense with a large single cluster...this is good for diving and reef associated species but is most suitable for a marine protected area as it can encourage over fishing as it will attract fisher people as well as large schools of fish. In the end, the total number of Reef Balls (and their surface area/size) is the biggest factor that affects the mitigation, clusters and spacing are nice for some species tuning but have less overall impact than volume. Maintaining sandy bottom based on net approximate three diameters (3D) to provide foray area and assuming an average 50' visibility (Reference 9). Four alternative units (balls) are considered. The "Ultra Ball" is proposed as it provides a similar size unit as the Whittier "Reef Balls" and will provide stability and constructability. Table 1 provides the alternatives assessed for alternatives units. 16 44 Seward Living Reef - Artificial Reef Reef Type Pallet Ball UltraBall Supra Reef Super Ball Width - Diameter 4 5 5.42 6 Ft Height 2.83 3.83 4.25 4.5 Ft Weight Min 1200 3000 4200 4000 Ibs Surface Area 75 150 180 190 SF Fish Foray = 3D* 12.00 15.00 16.26 18.00 FT Fish foray area 452 707 830 1017 SF Net Reef per cell 527 857 1010 1207 SF Phase 1- Area 2.80 2.80 2.80 2.80 Ac Number of Balls 231 142 121 101 # Clusters (7 Balls) 33 20 17 14 # Phase 2 - Area 1.72 1.72 1.72 1.72 AC Number of Balls 142 87 74 62 # Phase 3 - Area 0.23 0.23 0.23 0.23 Ac Number of Balls 19 12 10 8 # Table 1— Reef Ball Foundation — Structural Unit Alternatives Proposed Reef Development: Phase 1: Suggested layout: 20 clusters with approximately seven "Ultra Balls" structural units per cluster. Approximately 50' clearance between clusters. Locate clusters primarily on low sloping sandy bottom between El -20.0 to El -80.0 MLLW. Phase 2 and 3: The Phase 1 reef should be located similar to shown in Figure 18 to allow for future expansion of the reef. Alternative Structural Units Alternative systems may provide equal or better habitat. Contractors proposing to establish the reef will have an opportunity to propose an "or equal" system subject to the approval of the US Corp of Engineers, the Alaska Railroad, and the SeaLife Center 17 45 Seward Living Reef - Artificial Reef Figure 17 - Concept Reef -Phase 1 in Red, Phase 2 & 3 in Blue 7. Regulatory Compliance Permitting for this Effort is included in the Seward Freight Dock Project 8. Mitigation Work Plan Mitigation Schedule • September 2024 — January 2025: Develop Concept Mitigation Design • April — May 2025 — Finalize Mitigation Design & Concurrence from USACE • June 2025: Secure Funding for Mitigation • July — September 2025: Permitting and begin • November 2025: Procurement process • February 2027: Phase I Installation Complete • Phase II & Phase III — schedule depending on funding. Construction Methods: Assumed Contractor will Buy forms, Fab in Seward in Anchorage, deploy from waterfront, and install with barge mounted crane. 18 46 Seward Living Reef - Artificial Reef 9. Maintenance and Monitoring Requirements Artificial Reef Monitoring Methodology: Monitoring will rely on surveys using scuba diving, underwater camera/video, hook and line, and fish traps. Monitoring and reporting will be conducted in the first three years. Reporting will be provided at a minimum for baseline and annual underwater observations for 2028, 2029, 2030. The Monitoring and Reporting shall provide a Reef General Assessment which: • Effectively describes colonization • Provides a "count" standardized for fish and other marine life. Include information on the type and number based on area or time. • Confirms condition and of position of structural units from original installation Phase I / Area 1 post -deployment monitoring will include Reef As-builts and Baseline Observations in 2027, annual reports for 2028, 2029, and 2030 Future Phases of Reef development will be performed similarly when required to mitigation the future Freight Dock Expansion. ARRC may complete the full reef construction for Phase 1, 2 & 3 if funding is available. Reports shall be submitted to ??????? 10. Financial Assurances ARRC internal funds to complete required compensatory mitigation for the Seward Freight Dock Expansion project. The estimated costs are: o Phase 1: The Rough Order of Magnitude is about $500,000. o Phase 2 & 3 is estimated at the same magnitude — although the number of reef structures will be less, it is assumed a remobilization of equipment will be needed. This will include a lump sum payment of $xx,000 to the Sea Life Center for Observations and Reporting estimated for $10,000 to develop a Baseline report, and three years of annual report updates at $5000/year. (NEED TO DISCUSS FUNDING WITH SEALIFE) 11. Future Reef Expansion Phase 2 and Phase 3 of the Seward Freight Dock expansion will be completed as funding becomes available. If funding for mitigation of Phase 2 and Phase 3 of the dock project is available, ARRC may option for the development of the full reef mitigation project in advance of the future dock expansion. 19 47 Seward Living Reef - Artificial Reef REFERENCES/NOTES: 1. REEF Balls: The Reef Ball Foundation is a Public Non -Profit Organization. Their units are proprietary. https://reefballfoundation.org/ 2. A Step -By -Step Guide for Grassroots Efforts to Reef Rehabilitation. A publication of the Reef Ball Foundation. Version 0.8.1 beta / 07/05/08 3. 7/22/24 discussion notes: Reefball's Carla Bakos <cybakos@gmail.com> & Todd Barber. reefball@reefball.com and Email from Todd Barber 12/18/24. 4. Discussions reference material regarding the established Whittier Alaska Artificial Reef using "Reef Balls". Reef Ball reefs have been established in other parts of Alaska including Smitty's Cove Whittier: https://www.reefball.com/alaska/index.html The Smitty's Project was done in association with American Marine Lines (AML), NOAA (Erika Ammann erika.ammann@noaa.gov) and Terry Drake (Dive Alaska?) 5. Guidelines for Marine Artificial Reef Materials. Second Edition. A Joint Publication of the Gulf and Atlantic States Marine Fisheries Commissions. January 2004 6. SeaLife Center AKRR DIVE SURVEY VIDEO. 101624_SW Res Bay Dive.AKRR.mp4. October 2024. 7. https://www.scubadiving.com/scuba-diving-in-kenai-national-park-alaska (Visibility: 30 to 40 feet in summer, 50-80 feet in winter) Limits on performance and survival of juvenile sockeye salmon (Oncorhynchus nerka) during food deprivation: a laboratory -based study Open Access. Samantha M Wilson , Kendra A Robinson , Sarah Gutzmann , Jonathan W Moore , David A Patterson. Conservation Physiology, Volume 9, Issue 1, 2021, coab014. https://academic.oup.com/conphys/article/9/1/coab014/6185140 8. NOAA Salmon Life Cycle and Seasonal Fishery Planning. https://www.fisheries.noaa.gov/west- coast/sustainable-fisheries/salmon-life-cycle-and-seasonal-fishery-planning 9. The Salmon Life Cycle. National Park Service. https://www.nps.gov/olym/learn/nature/the- salmon-life-cycle.htm 10. Seward Alaska Marine Terminal Freight Dock & Corridor Improvements. DRAFT Environmental Assessment. PND June 2025 Appendix A — Reef Size Calculations Appendix B — Reef Plans Phase 1 Appendix C — Reef Plans Phase 2 & 3 Appendix D — Mitigation Log 20 48 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE -Jc '(1ke. C V oc r , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on i D ( \ b t l) cS she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Tideland Parcel No. 14734009 as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this 10 day of JCS ( 2025. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE Iarv� i C. Y oC ECQ , 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 Tideland Parcel No. 14734009 on which the applicant has petitioned for a Public Hearing for a Conditional Use Permit to the Alaska Railroad Corporation for the installation of a Living Reef within Tideland Parcel No. 14734009, located southeast of the Alaska SeaLife Center, within the Central Business (CB) zoning district. The notice was posted on OC'OOk V \(o UPS , 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 this \ day of �c�bC)- Y, 2025. Signature 50 Planning and Zoning Agenda Statement Meeting Date: November 4, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2025-033 of the Planning and Zoning Commission of the City of Seward Alaska, recommending City Council amend Seward City Code § 15.10.215 Parking Background and justification: The Planning and Zoning Commission has been reviewing Seward's parking minimums in Title 15 of the City Code to determine whether they continue to meet the needs of the community. Under Seward City Code § 15.01.035, the Commission has the authority to recommend amendments to Title 15 to the City Council. As part of this effort, the Commission held work sessions on May 20, June 17, August 19, and September 16, 2025, to review parking requirements, consider public input, and develop recommendations. A challenge that has been evident within Seward and its parking code, is that there is no universally reliable metric for calculating the exact number of parking spaces needed for each land use. Instead, rigid minimum requirements often create barriers to development when they do not reflect local needs or site conditions. Parking requirements consume valuable land area, increase construction costs, and limit design flexibility. These challenges are particularly acute for infill and mixed -use projects on smaller parcels, where the land needed for required parking stalls can make development infeasible. The Commission also discussed how high parking minimums directly affect housing. Requiring more parking than is needed adds significant cost to projects, which is passed on to renters and homebuyers through higher rents and purchase prices. Older buildings present another challenge, as many cannot meet today's standards, making adaptive reuse or redevelopment difficult. Beyond costs, excess parking promotes auto dependency, increases impervious surface coverage, and creates stormwater management challenges. There were mixed opinions within the Commission regarding the appropriate approach to reducing and/or managing the use of public right-of-ways for private parking, as well as how to prevent or mitigate negative impacts to surrounding properties and traffic congestion. Through public engagement, the Commission received feedback specifically about parking needs for hotels, multi -family housing, apartments in mixed -use buildings, and businesses in the Harbor and Central Business District. While parking remains important in these contexts, the Commission found that reducing minimums in targeted areas can create greater flexibility, lower barriers to development, and encourage more efficient use of land. Doing so would support compact, walkable neighborhoods, promote infill housing, and help align regulations with broader community sustainability and growth goals. 51 The effect of the proposed legislation would be to: • Reduces the minimum parking requirement for multi -family dwellings, hotels/motels, clinics, and bowling alleys. • Clarifies parking requirements for auto repair station • Adds parking requirements for an animal shelter and drive-in facility • Requires land used in a parking agreement to be located within City limits • Reduces the required parking for multiple businesses/uses that share a parking lot • Clarifies the code for when a reduction of parking spaces can be requested • Clarifies parking requirements for mixed -use development 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 • 3.3.1.2 — "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 §15.10.215 Parking as outlined in the attached Ordinance 2025-XXX. 52 Sponsored by: Staff Public Hearing: November 4, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-033 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AMEND SEWARD CITY CODE §15.10.215 PARKING 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 Seward zoning code to reflect community changes and needs; and WHEREAS, the Planning and Zoning Commission held work sessions on May 20, 2025, June 17, 2025, August 19, 2025, and September 16, 2025 to discuss parking minimums in Seward City Code and recommend changes; and WHEREAS, there is no reliable metric for calculating needed parking spaces for each type of land use; and WHEREAS, parking requirements can be a barrier to development if the minimum requirement does not reflect the needs and situation of the community; and WHEREAS, the Commission aims to ensure the appropriate management of private parking within public right-of-ways and to reduce traffic congestion and negative impacts on nearby properties; and WHEREAS, the Commission primarily received public input regarding parking needs for hotels, residential apartments in a mixed -use building, multi -family dwellings, and businesses within the harbor and central business zoning district; 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. Section 2. This resolution shall take effect immediately upon adoption. 53 CITY OF SEWARD, ALASKA RESOLUTION 2025-033 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of November, 2025. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 54 Sponsored: Sorensen Introduction: Month XX, 2025 Public Hearing: Month XX, 2025 Enactment: Month 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 §15.10.215 PARKING 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 Seward zoning code to reflect community changes and needs; and WHEREAS, the Planning and Zoning Commission held work sessions on May 20, 2025, June 17, 2025, August 19, 2025, and September 16, 2025 to discuss parking minimums in Seward City Code and recommend changes; and WHEREAS, there is no universally reliable metric for calculating the number of parking spaces needed for each type of land use, as needs vary by site, season, and user behavior; and WHEREAS, rigid parking requirements can act as a barrier to development by consuming valuable land area, increasing construction costs, and limiting design flexibility, especially on small or infill parcels; and WHEREAS, high parking minimums raise the cost of housing by requiring developers to build parking spaces that may not be needed, thus increasing rents and purchase prices; and WHEREAS, parking requirements can discourage adaptive reuse of older buildings, as many sites cannot meet modern minimums, preventing their conversion to housing or mixed -use purposes; and WHEREAS, excess parking encourages auto dependency, increases impervious surfaces, and creates stormwater management challenges, which run counter to community sustainability goals; and WHEREAS, reducing or eliminating minimum parking requirements, particularly in walkable, mixed -use, and infill areas, can lower barriers to housing development, support compact growth, and make more efficient use of limited land resources; and WHEREAS, the Commission aims to ensure the appropriate management of private parking within public right-of-ways and to reduce traffic congestion and negative impacts on nearby properties; and 55 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX WHEREAS, the Commission primarily received public input regarding parking needs for hotels, residential apartments in mixed -use buildings, multi -family dwellings, and businesses within the Harbor and Central Business zoning districts; and WHEREAS, the Planning and Zoning Commission approved Resolution 2025-033 on November 4, 2025, recommending the City Council approve the proposed parking amendments; and WHEREAS, the proposed code change is consistent with values and goals expressed in the Comprehensive Plan. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 15.10.215 Parking is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 15.10.215 Parking. A. In the RR, R1, R2, R3, UR, OR, AC, I, RM, INS, and P zoning districts Except in the CB and the HC districts, there shall be provided permanently maintained off-street parking for each principal building or use business. There are no parking requirements in the HC and CB zoning districts unless required in a conditional use permit. It shall be the responsibility of the business property owner to provide and maintain said off-street parking in accordance with this chapter continuously during the life of the building or use business. B. For each principal building or use within a principal building, there shall be no less than the number of off-street vehicle parking spaces specified under this section: Land Use Minimum Number of Parking Spaces DwellingsjHousing, and Lodginges Single-family and 2-family dwellings and parish houses 2 parking spaces per dwelling unit Multiple -family dwellings, condominium, 2-1 dwelling parking spaces per unit pins44 for larger than 2 bedrooms townhouse, and mixed -use residential space every unit than 1,000 feet in al artments other places containing or greater square size multiple dwelling units Hotels and motels, hostel 1- % space per guest unit Lodging, Bed Breakfast, 1 space per guest-reem rental unit plus and short-term rental, rooming and boardinghouses spaces for the principal dwelling unit Dwelling, Aaccessory dwelling 1 dwelling unit, guest off street parking space per unit house, watchman or caretaker dwelling Dwelling, 1 space per dwelling unit studio apartment Institutions and Public Uses 56 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Animal Shelter 1 space per 500 square feet ofjiross floor area plus 1 space for each employee on duty Churches, auditoriums, sports arenas, funeral chapels, theaters and other places of public assembly l space for each 4 seats maximum capacity Multi -family dwelling, institutional 1 space per unit Hospitals, group care homes, long term care facilities and other healthcare facilities 1 space per 2 beds at maximum capacity plus 1 space for each employee on duty Dormitories/Bunkhouses 1 space per 4 residents at maximum capacity Public libraries, museums and art galleries; post offices; community/senior centers 1 space per 1,000 square feet of gross floor area Primary and secondary public and private schools 1 parking space for every 4 seats in the main auditorium or assembly room, or 3 parking spaces for every classroom plus 1 parking space for each staff member or employee, whichever is greater Post -secondary, vocational and music schools; dance studios and colleges 1/2 parking space for each instructor and space for each student, based upon maximum student capacity at one time Day Child kindergartens 1/2 space for each staff member and employee on duty plus 1 space for each care, nurseries and 1,000 square feet of gross floor area Clinics and Offices Office buildings (public and private), professional center, financial institutions and other similar uses 1 parking space for each 500 square feet of gross office floor area, but not less than 2 spaces Office (Clinic, Veterinary, Two 1 treatment medical or spaces per room and plus dental- for duty doctor, one each employee on dentist, hygienist or other professional practitioner on site. Entertainment and Services Skating rink, youth hall, fraternal and civic club, assembly hall and other similar uses without fixed seats 1 parking space for each 100 square feet of gross floor area Eating and drinking establishment 1 space 200 square feet of parking per floor for 4 gross arca, or one each seats, is whichever greater Bowling alley 1 '1 for 1 for parking spaces each alley plus each employee on duty Commercial Food store, shopping center and mall 1 parking space for each 300 square feet of gross floor area but not less than 6 spaces 57 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Barber, beauty and other personal services shop 1 parking space per 100 square feet of gross floor area Retail store or service business 1 parking space for each 300 square feet of gross floor area Service or repair shop; retail store handling exclusively bulky merchandise such as machinery, furniture, wholesale stores, appliances, carpet, showrooms, etc. 1 parking space for each 400 square feet of gross floor area Motor 1 for 400 feet vehicle sales and service establishment parking space each square of floor 4 for gross sales area plus spaces each auto service stall Laundry and dry cleaning establishment 1 parking space for each 500 square feet of gross floor area, or 1 parking space for each 4 coin -operated washing machines, dryers or dry cleaning machines, whichever is greater Auto repair station 2 spaces for each service bay plus 1 space for each employee on duty Gasoline Auto service station 1 parking space for each 2 gas pumps ply and/or 2 spaces for each grease rack, wash rack and stall for servicing vehicles Drive-in facility 4 queue spaces plus 1 space for each employee on duty Industrial Industrial, processing, manufacturing and assembling 1 parking space for each 500 square feet of gross floor area except that office space shall provide parking space as required for offices Warehousing, storage and wholesale business, and building material yards 1 parking space for each 1500 square feet of gross floor area, but not less than 3 spaces Marine Related Uses Harbor or marina 1 parking space for every 2 established boat stalls or equivalent berths based on an average boat length of 40 feet and, if a launch ramp is included, a minimum of 20% of the spaces will be long enough to accommodate vehicles with boat trailers Day cruise, charter boat operators licensed for 20 or more people 1 parking space per 4 people maximum capacity C. Unlisted uses. The requirements for off-street parking facilities for uses not specifically mentioned in this section shall be the same as the above -mentioned use which, in the opinion of the administrative official, is most similar to the use not specifically mentioned. 58 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX D. Minimum dimensions of off-street spaces and aisles. The minimum dimensions of spaces and aisles shall be as follows: 1. Parking spaces shall be at least 9 feet wide and 18 feet long. 2. The minimum width of traffic aisles providing access to parking lot spaces shall be: Angle of Parking (degrees) One -Way (feet) Two -Way (feet) Parallel 12 20 30 14 21 45 16 22 60 18 23 90 20 24 E. Location. Subject to (1) and (2) of this subsection, all required parking shall be located on the lot occupied by the principal use served, or on a lot abutting the lot occupied by the principal use. 1. Required parking may be provided on a lot that is not occupied or abutting the principal use, provided that (i) there is a pedestrian route not longer than 600 feet to the lot occupied by the principal use, or (ii) access is provided by a scheduled shuttle service or a valet parking attendant. 2. Required parking may be located on a lot not occupied by the principal use served only if (i) parking is a permitted or conditional use in the zoning district for the lot, and (ii) the lot is made subject to a recorded agreement among its owner, the owner of the lot occupied by the principal use and the City that the required parking will be maintained for the benefit of the principal use served for the life of that use, and (iii.) parkin] is located in city limits. F. Site plan. A site plan showing all parking areas shall accompany all applications for building permits. Said plan shall show dimensions of spaces, curb cuts and other information necessary to determine compliance with the provisions of this section. The administrative official shall approve or reject the site plan on the basis of compliance with the requirements of this section. No building permit shall be issued until the parking site plan is approved. G. Street access. All off-street vehicle parking facilities shall be designed with appropriate means of access to street, alley or other right-of-way, and will have adequate maneuvering area. No driveway or curb cuts in any district shall be less than 12 feet or more than 35 feet in width. Detailed plans for all curb cuts shall be submitted to the administrative official for approval before a building permit is issued. H. Parking lots. Every lot or parcel of land used as a public or private parking area shall be developed as follows, subject to the approval of the plans by the administrative official: 1. Lighting of all parking areas shall be arranged to reflect away from adjacent residential areas and all public streets and highways; 59 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX 2. All parking spaces and lots shall be durably surfaced, free of mud and standing water, and be dust free; 3. Where such area adjoins the side of a lot in any residential district, it shall be separated from such lot by a fence or hedge not less than 4 feet or more than 6 feet in height. Such fence or hedge shall be maintained in good condition and shall not extend beyond front yard lines required in such residential district; 4. All parking (except that serving single-family and duplex residences) shall be so arranged that ingress and egress are possible without backing over a sidewalk, sidewalk area, or onto a street of collector or larger designation; and 5. Turning and maneuvering space (except that which services single-family and duplex residences) shall be located entirely on private property, provided that the usable portion of an alley may be credited as aisle space subject to safety approval by the City staff engineer. I. Dual use of lots. Two or more buildings or uses may collectively provide the required off- street parking, in which case the required number of parking spaces shall not be less than 75% of the sum of the requirements for the several individual uses computed separately. In the instance of dual function of off-street parking where operating hours of uses do not overlap, administration may the „laNNiNg aNd , b Nditiona' permit, reduce the required parking to the kreatest amount of parkin' required by one of the principal uses. any amount that meets the requirements of each use. J. Computation of numbers of spaces. In figuring the total parking requirements for a use, any fraction of or more shall require one more space. K. Reduction of spaces. No existing parking area and no parking arca provided for the purpose of complying with the provisions of this scction shall, after adoption of the ordinance codified in this chapter, be relinquished or reduced in any manner below the requirements of this section. An applicant may apply to reduce or relinquish parking requirements only under the followink conditions (i) if the previously approved requirements are kreater than what is currently required, or (ii) if the current land use was changed to a lower parkins requirement. L. Uses of parking areas. Required parking areas and spaces shall not be used for sales display, storage, repair work or any other purposes other than parking. All vehicles in custody of an operator of a business for service, repair, storage, sale, or other purpose shall be stored on the premises or on a separate vehicle parking lot and shall not be parked on a public right- of-way. M. Location on property. Parking spaces shall be permitted in any required yard area provided that within the residential districts no parking space shall be permitted within five feet of any side property line. N. Intersection with public street. At the intersection of any private drive or entrance or exit for a common parking area with a public street, no fence, wall, hedge, or other planting or structure forming a material impediment to visibility between a height of 21/2 feet and eight 60 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX feet shall be erected, planted, placed or maintained, and no vehicle so impeding visibility shall be parked within triangular area defined by lines connecting points as follows: Beginning at the point where the midline of the private drive or entrance or exit for a common parking area intersects the public right-of-way to a point 35 feet along the right-of-way line in the direction of the nearer lane of approaching traffic, thence to a point 25 feet toward the interior of the property along the previously described midline, and thence to point of beginning O. Accessible parking requirements. All parking shall comply with the Americans with Disabilities Act. P. Mixed -use development . Where more than one tenant or use is included within any one building or on any one lot, the parking requirements shall be the sum total of the parking requirements for all of the various tenants or uses provided, however, that: 1. The aggregation of tenants or uses shall meet all the requirements within the definition of "shopping center" in order to become entitled to utilize the parking ratio specified in section 15.10.215(B). 2. Where a hotel or motel has other principal uses such as restaurants, bar and meeting rooms located on its premises, the principal use requiring the greatest amount of parking shall provide 100 percent of the required parking spaces and the other uses shall provide, in addition, at least 70 percent of the parking spaces which would be required if these were stand alone uses. 3. Where a convenience store includes a self-service gas station, the required parking shall be determined by the parking ratio specified in section 15.10.215(b). No additional parking spaces will be required for gasoline service station. Section 2. 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 Month, 2025. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: 61 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Kris Peck City Clerk (City Seal) 62 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 2024-022 313 & 315 Fourth Avenue, Wisel Replat 10/8/2024 N NA NA 10/13/2025 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 2025-101 10/27/2025 No scheduled meeting yet 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 2025-099 10/13/2025 No scheduled meeting yet 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 63