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HomeMy WebLinkAbout08182026 Planning & Zoning Work Session PacketPlanning & Zoning Commission Work Session Packet Work Session Tuesday, August 18, 2026 Council Chambers, City Hall 6: 00 p.m. The City of Seward, Alaska SEWARD PLANNING AND ZONING COMMISSION WORK SESSION AGENDA August 18, 2026 Clare Sullivan Chair Term February, 2029 Brenan Hornseth Vice Chair Term February, 2028 Nathaniel Charbonneau Commissioner Term February, 2027 Vanessa Verhey Commissioner Term February, 2029 Rhonda Hubbard Commissioner Term February, 2028 Andrew Wilder Commissioner Term February, 2027 Tyna Siptrott Commissioner Term February, 2028 Daniel Meuninck Community Development Director Courtney Bringhurst City Planner Jamie Crocker Executive Planning Assistant Jodi Kurtz Deputy City Clerk 6:00 p.m. 1) CALL TO ORDER 2) STAFF COMMENTS 3) DISCUSSION ITEMS Council Chambers a) Conditional Use Permit (CUP) Code and application draft review .4 b) Future Land Use Map drafting exercise 21 4) ADJOURNMENT 2 WORK SESSION OBJECTIVES Objectives for the Work Session: • Review draft of CUP application and code updates. • Review what a Future Land Use Map is and how it is created • Conduct and exercise with the Commission and public to create a Future Land Use Map draft Background On June 16 and July 21, 2026, the Planning and Zoning Commission held work sessions to review the City's current Conditional Use Permit (CUP) application and approval process. Based on the Commission's feedback, staff prepared a draft ordinance amending the Land Uses Allowed and Conditional Use Permit sections of City Code for the Commission to review. Staff also incorporated the proposed changes into an updated CUP application for the Commission to review and provide any additional feedback. Over the past year, the Community Development Department has been working to update the City of Seward Comprehensive Plan. As part of this process, the Planning and Zoning Commission and members of the public will participate in a work session to help create a draft Future Land Use Map. A Future Land Use Map illustrates the community's long-term vision for how land should generally be used and developed. It is intended to guide future planning and land use decisions but does not change a property's zoning or regulate how it may currently be used. During the work session, participants will use future land use categories developed by staff to identify appropriate land use designations throughout the community. They will also consider information from supporting maps, including topography, existing land uses and aerial imagery, floodplain areas, and other relevant physical and environmental conditions. The input gathered during the work session will be used to develop a draft Future Land Use Map for further review and refinement. 3 CUP Code Amendments Sponsored by: Planning and Zoning Commission Introduction: Month XX, 2026 Public Hearing: Month XX, 2026 Enactment: Month XX, 2026 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE 15.10.226 — LAND USES ALLOWED AND 15.10.320 CONDITIONAL USE PERMITS 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, at ; and WHEREAS, the; and WHEREAS, the ; and WHEREAS, the Planning and Zoning Commission has held three work sessions to review the Conditional Use Permit process and the applicable section in code on June 16, July 21, and August 18; and WHEREAS, the Planning and Zoning Commission approved Resolution 2026-XXX on Month XX, 2026 recommending the contents of this Ordinance for City Council approval; and WHEREAS, the proposed amendments are intended to clarify and further tighten the requirements for Conditional Use permits while changing certain uses within the Land Uses Allowed Table to outright that do not merit such scrutiny since the development requirements are listed in code. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS: Section 1. Seward City Code Title 15.10.226 Land Uses Allowed Table is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): F. Reserved. Multi family dwellings, condominiums, and studio apartments as defined in section 15.10.140(B) are allowed in accordance with table 15.10.226 of this chapter subject to the following: 1. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. Landscaping must be completed one year from when an occupancy certificate has been issued for the structure. 5 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX 2. Bear -resistant carts designed to prevent the upsetting or spillage by wind, weather, animals, or accident, shall be provided for all garbage and refuse for the life of the use. 3. A three -walled structure with roof must be provided on site to house the bear -resistant carts. 4. Parking spaces shall be compliant with the Americans Disabilities Act (ADA). TABLE Zoning District Designations The following zoning district abbreviations are provided for information and interpretation: RR = Rural, very low density single-family residential R1 = Single-family, low density residential R2 = Single and two-family, medium density residential R3 = Single, two and multi -family, high density residential UR = Urban residential, a mix of residential uses and low impact home professional offices OR = Office residential AC = Auto and neighborhood oriented, light commercial HC = Harbor commercial CB = Central business district - dense downtown commercial I = Industrial RM = Resource management - partially developable lands subject to floodplains and steep slopes INS = Institutional, public, quasi -public uses P = Parks Table 15.10.226. Land Uses Allowed Key: O — Use Permitted Outright H — Home Occupation C — Use Requires Conditional Use Permit P — Use Requires Administrative Permit Blank — Use Prohibited 6 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR Rl R2 R3 UR OR AC HC CB I RM INS P Auto repair, i.e., mechanic, glass body, upholstery C O 0 Dwelling, attached accessory dwelling unit 0 0 0 0 0 0 0 C O Dwelling, detached accessory dwelling unit 0 0 0 0 0 0 0 C O Dwelling, apartment, studio CO CO C CO C C Dwelling, attached single-family, i.e., townhouse, row CO CO CO CO C CO C Dwelling, condominium (3 to 5 CO CO CO CO C CO C units) Dwellinji, CCCCCC C condominium (6 or more units) Dwelling, multi- family (3 to 5 or more CO CO CO CO C CO C units) Dwelling, multi- CCCCCC C family (6 or more units Recreation, outdoor, i.e., miniature golf 0 C C O C Section 2. Seward City Code Title 15.10.320 Conditional Use Permits is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): B. Applications. Applications for a conditional use permit shall be filed in writing with the City Clerk. The application shall include but is not limited to the following: 1. Name and address of the applicant; CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX 2. Verification by the owner of the property concerned if other than the applicant; 3. A legal description of the property involved; 4. A description of the proposed use; S. Pictures of the site as it currently appears; 5,6. Dimensioned plot plans drawn to scale, showing the location of all existing and proposed buildings or alteration, and such data as may be required on the application form; and 6 7. The appropriate fee as established by City Council resolution. C. Public hearing. If the application is in order, a public hearing shall be scheduled in accordance with the requirements of section 15.01.040 of this title. The applicant or their representative must be present at the public hearing either in person or by phone or the application will be postponed. D. Review criteria. Prior to granting a use permit, it shall be established that the use satisfies the following conditions: 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 create significant adverse impacts to be harmful to the public safety, health or welfare that cannot be adequately mitijated through permit conditions; 6. The use will not have significant noise, glare, odor, or other nuisances and dangers substantially kreater than those anticipated from permitted development in the area; 7. The property where the development is to occur is current in payments owed to the City, including property tax; sales tax; utility billing; and assessments; or has entered into an agreement with the City for repayment and is in compliance with the terms of the agreement; 8_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. Section 3. This ordinance shall take effect immediately upon adoption. 8 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 10 DAY OF AUGUST 2026. Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 9 CUP Application Update 1 CITY OF SEWARD Community Development Department CONDITIONAL USE PERMIT APPLICATION A Conditional Use Permit (CUP) is required for certain land uses that are permitted only after a review and approval by the Planning and Zoning Commission through a public hearing process APPLICATION DEADLINE This completed application must 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 please provide a site plan drawn to scale showing proposed and existing development. Contact Information Community Development Department P.O. Box 167 410 Adams Street Seward, Alaska 99664 Director 907.224.4048 Planner 907.224.4020 Executive Assistant 907.224.4049 J 11 CITY OF SEWARD Community Development Department Application Process CUP Application completed 1 H CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING Applicant asked to provide more information or corrections Community Development Department review 1 Preparation by City Planner 1 Following the application submission, the Community Development Director will direct staff to prepare for the required public hearing before the Planning and Zoning Commission The City Planner will determine if additional information is required. The Community Development Director and staff may meet with the applicant to discuss the project and explain the need for additional information. Following City department review, the applicant may be required to provide additional information or revise the application to address identified concerns. Additional meetings with the applicant may be required Routed to other City departments for review and comment, if applicable 4 1 Project changes needed? No 4, Staff report prepared 1 )1010 Applicant notified with request for additional information or corrections Public hearing scheduled. Hearing notice published once in each of the two calendar weeks before the public hearing. 1 Planning and Zoning Commission Public Hearing / Determination made 4 Project approved or denied H Optional staff/applicant meeting The project is ready for the public hearing. The Planner will prepare the staff report and ensure all conditions of approval by other departments are included in the draft conditions. Determination effective, unless .mn.4 appealed within 10 days )4 If approved the applicant may proceed to Building Permit phase, if necessary 12 CITY OF SEWARD Community Development Department CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING WHY DO I NEED A CONDITIONAL USE PERMIT? Some land uses, although allowed in a particular zoning district, are only permitted under certain conditions. These uses require a Conditional Use Permit (CUP). In order to make a decision, the Planning and Zoning Commission must review the application through a public hearing process. It is important that you provide as much project detail as possible so that staff can prepare a complete report. i Once you have submitted a complete application, you are encouraged to work with the City Planner to provide any additional information. Prior to the public hearing, you may be asked to revise your project or plans so they are consistent with the Seward Comprehensive Plan and the Zoning Code in order to resolve potential impacts. The application and plans will be routed to the appropriate departments and City Administration for review and comment. 0 The City Planner or staff will notify you of the public hearing date. The applicant is responsible for posting the hearing notice on the property, including the time and location of the public hearing. Nearby property owners (within 300 feet) are notified by mail, and a legal advertisement is published (twice) in the local newspaper. The decision to approve or deny a permit will be made only after considering the evidence and facts provided by the applicant, neighbors, Community Development Department staff, other City departments and any other interested party. 1 The Planning and Zoning Commission, in approving a Conditional Use Permit, may impose conditions which are deemed necessary to ensure that the project will be compatible with the surrounding area and not harmful to the public health, safety and welfare. Conditions imposed may involve: • Buffer areas and fences. • Landscaping and maintenance of the property or snow removal. • Parking, including vehicle ingress and egress. • Sign regulations. • Other conditions found necessary to ensure the project supports the policies and goals of the Zoning Code and Seward Comprehensive Plan. The Planning and Zoning Commission decision may be appealed. Appeals must be received within 10 days of the public hearing decision. If an appeal is not received, the decision is effective. 13 CITY OF SEWARD Community Development Department APPLICANT INFORMATION • Phone Number: PROPERTY DESCRIPTION Property Address: Lot: CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING Property Owner (if other than applicant) Name: Address: Phone Number: Email: L Block: Subdivision: Kenai Peninsula Borough Tax Parcel ID Number: Lot Size: DEVELOPMENT INFORMATION What structures are on the property? How is the property currently being used? What is the proposed use of the property? What is the development timeline? 14 9 CITY OF SEWARD Community Development Department REQUIRED FINDINGS CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING 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.) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe how. Park dllik Describe any impacts to the adjoining properties and how property values may be affected. Please explain. O How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: www.cilvfseward.us Describe / list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.) Please Describe O 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. 15 CITY OF SEWARD Community Development Department CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING O Noise, Dust, Odors, and Other Potential Nuisances Describe any activities associated with the proposed development that may generate noise, dust, odors, glare, vibration, traffic, or other impacts beyond those normally associated with permitted development. Please describe what measures will be implemented to minimize or mitigate impacts on neighboring properties and businesses. 0 The property where the development is to occur is current in payments owed to the City, including property tax, sales tax, utility billing, and assessments, or has entered into an agreement with the City for repayment and is in compliance with the terms of that agreement. Yes E No j- ADDITIONAL INFORMATION DRAINAGE Provide a drainage plan or a written description of how stormwater and site drainage will be managed. If not applicable, please explain why. Accessibility (ADA) Describe how your project will address accessibility needs and requirements as outlined in the Americans with Disabilities Act (ADA). Reference: https://www.ada.gov/law-and-regsgn-standards/ 16 CITY OF SEWARD Community Development Department CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING ADDITIONAL PERMITS OR SITE CONDITIONS Please check all that apply.) Yes No Is any portion of the property located within or adjacent to a wetland? If yes, additional permits may be required by agencies such as the U.S. Army Corps of Engineers or the Alaska Department of Fish and Game. Reference: https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper Yes U No E Is any portion of the property located within a mapped floodplain or flood hazard area? If yes, additional permits may be required, including a City Floodplain Development Permit and a Kenai Peninsula Borough multi -agency permit for work within regulatory floodplains Reference: http>s geo.kpb.us/vertigisstudio/web/ Yes I I No Will new signage be installed as part of the proposed development? If yes, a separate sign permit may be required. Yes No Is the proposed development located within a designated historic district? Yes No Are there any nonconforming uses or structures on the property? 17 CITY OF SEWARD Community Development Department CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING FINAL APPLICATION REQUIREMENTS SITE PLAN REQUIREMENTS Include building elevation plans and a site plan, drawn to scale. The site plan should include: 7 Property dimensions Location and dimensions of existing and planned buildings 0 Parking configuration C Driveways and access 0 Natural features Other pertinent information PUBLIC HEARING ACKNOWLEDGMENT I acknowledge that I (or my representative) will be present at the Planning & Zoning Commission public hearing for this Conditional Use Permit application, either in person or by telephone. I understand that failure to attend may delay consideration of my application. Applicant signature: Date: CERTIFICATION I hereby certify that the information on this application is true and complete to the best of my knowledge. I understand that incomplete applications may delay the review process Authorized Representative I understand that this item will be scheduled for action only if all application materials are submitted not less 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: Date: Property Owner Signature: Date: 18 CITY OF SEWARD Community Development Department ENCLOSED Application Fee ($374.50) Dimensioned plot plan / drawings Other CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING FRAUD PREVENTION NOTICE: The City will not request payment by email, text message, or other correspondence related to this application. If you receive an unexpected request for payment claiming to be from the City, please contact the Community Development Department directly before making any payment. SEWARD CITY CODE 15.10.320 Conditional Use Permits (a) Intent 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 are met. The allowed uses are listed in the land uses allowed table 15.10.225. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (b) Applications Applications for a conditional use permit shall be filed in writing with the city clerk. The application shall include but is not limited to the following: (1) Name and address of the applicant; (2) Verification by the owner of the property concerned if other than the applicant; (3) A legal description of the property involved; (4) A description of the proposed use; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, andsuch data as may be required; and (6) The appropriate fee as established by city council resolution. (c) Public Hearing If the application is in order, a public hearing shall be scheduled in accordance with the requirements of section 15.01.040 of this title. 19 CITY OF SEWARD Community Development Department (d) Review Criteria CONDITIONAL USE PERMIT APPLICATION AND PUBLIC HEARING Prior to granting a use permit, it shall be established that the use satisfies the following conditions: (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. (e) Approval Resolution At any time after the hearing required in section 15.20.320(c), the commission may adopt a resolution approving a conditional use permit provided that it includes findings of fact that the review criteria in section 15.10.320(d) have been met. Upon adoption, the city shall cause a copy of the resolution to be posted for at least ten days in at least three public places within the city. An appeal of the commission's action may be made at any time until the resolution becomes effective. Unless rescinded, amended or appealed any resolution adopted under this chapter automatically becomes effective ten days after passage and posting. (f) Modification of Final Approval (1) An approved 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. (2) The modification application shall be subject to a public hearing and a filing fee set by city council resolution. (g) Expiration; Extensions; Transferability (1) An approved conditional use permit lapses six months after approval if no building permit is procured or if the allowed use is not initiated. (2) The commission may grant time extensions not to exceed six months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. (3) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one year or longer. (4) A conditional use permit is not transferrable from one parcel of land to another. Conditional use permits may be transferred from one owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. (Ord. 626, § 3, 1989; Ord. 649, § 5, 1991; Ord. 94-56; Ord. 97-15; Ord. 98-06) 20 Future Land Use Map Drafting Exercise What is a Future Land Use Map? A Future Land Use Map (FLUM) is a long-range planning tool that illustrates how a community would like land to be used and developed over time. It identifies broad land use categories —such as residential, commercial, industrial, public, mixed -use, and open space —and shows where those uses may be most appropriate in the future. Unlike a zoning map, a Future Land Use Map does not regulate individual properties or determine what can be built today. Instead, it expresses the community's vision and provides guidance for future land use decisions, infrastructure investments, development patterns, and potential zoning changes. The map works together with the goals and policies of the Comprehensive Plan to help guide the community toward its desired future. Process to create a Future Land Use Map: 1) Understand the existing conditions a. Evaluate current maps i. Imagery for current land uses ii. Zoning map iii. Hazards map 1. Floodplain 2. Steep slopes 3. Tsunami iv. Land ownership 2) Project future needs a. What development will Seward need or does Seward anticipate in the next 20 years? i. Coast Guard expansion ii. Housing iii. Economic growth iv. Parks and recreation v. City buildings 3) Create and assess alternatives a. Multiple groups participate in creating a future land use map i. Public created the basis of one during Comp Plan Town Halls ii. Commission will create one iii. Staff will create one b. Compare the various drafts and then create one synthesized version that will be implemented in the Comprehensive Plan 22 Land Use Categories Future Land Use Categories Intent Neighborhood Residential Areas intended primarily for low- to medium -density residential development that provides a variety of housing types for year-round living. Supporting neighborhood -serving uses such as parks, schools, places of worship, childcare facilities, and small-scale community amenities may be appropriate where compatible with surrounding residential development. Mixed Use Residential Areas intended for an integrated mix of residential, commercial, and community -serving uses that support walkability, neighborhood activity, and efficient land use. Development should create a human -scaled environment that encourages people to live, work, shop, and gather within close proximity while allowing flexibility to respond to changing community and market needs. Commercial Corridor Areas intended for retail, service, office, lodging, restaurant, entertainment, and automotive -oriented commercial uses that serve residents and visitors. Located primarily along major transportation corridors, these areas provide convenient access while accommodating larger sites, vehicle circulation, and supporting commercial development. Downtown Core Areas intended for the community's highest concentration of commercial, civic, residential, cultural, and visitor -serving uses. Development should emphasize infill, redevelopment, walkability, active streets, mixed -use buildings, and preservation of the downtown's historic character while supporting year-round economic vitality. Marine Commercial Areas primarily intended for water -dependent commercial and marine - related businesses that rely on direct access to Resurrection Bay. 23 Land Use Categories Future Land Use Categories Intent Marine Industrial Areas intended for water -dependent industrial and heavy marine uses requiring direct marine and truck access. Commercial uses may be appropriate when clearly accessory to the primary industrial function. Public and Institutional Areas intended for public, governmental, educational, institutional, transportation, and community -serving uses that provide essential services and facilities for residents, businesses, and visitors. These areas should provide opportunities for future public facilities needed to support community growth, transportation, education, recreation, and public services. Recreation and Open Space Public and private lands intended to provide recreational opportunities, community gathering spaces, trails, athletic facilities, campgrounds, parks, shorelines, and other outdoor amenities while preserving scenic character and natural resources. Development should support public access, recreation, and community enjoyment while respecting the environmental qualities of these areas. Natural Open Space Public and private lands intended to preserve environmentally sensitive areas, natural landscapes, wildlife habitat, watersheds, wetlands, steep slopes, shorelines, and other significant natural resources. These areas should remain largely undeveloped except for limited improvements necessary for resource management, public access, or environmental protection. Resource Extraction Areas intended for the extraction, processing, and temporary stockpiling of naturally occurring materials, primarily gravel and rock resources that support public infrastructure, construction, and maintenance activities. 24