HomeMy WebLinkAboutPZ RES2025-032 CUP Alaska Railroad for Living ReefSponsored 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.
CITY OF SEWARD, ALASKA
RESOLUTION 2025-032
Page 2 of 4
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:
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CITY OF SEWARD, ALASKA
RESOLUTION 2025-032
Page 3 of 4
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.
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.
CITY OF SEWARD, ALASKA
RESOLUTION 2025-032
Page 4 of 4
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
c LL
Carol Griswotfl Chairb
Sullivan, Hubbard, Verhey, Charbonneau, Hornseth, Griswold
Pemberton
None
None
Kris Peck
City Clerk
(City Seal)
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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.
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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
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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.
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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.
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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)
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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:
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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-
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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
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� 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
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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
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