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HomeMy WebLinkAbout12032019 Planning & Zoning Packet City of Seward Planning and Zoning Commission Regular Meeting December 3, 2019 Seward Planning & Zoning Commission Regular Meeting December 3, 2019 7:00 p.m. City Council Chambers Cindy Ecklund Chair Term Expires 02120 1. Call to Order Martha Fleming Vice Chair 2. Opening Ceremony Term Expires 02120 A. Pledge of Allegiance Gary Seese Commissioner 3. Roll Call Term Expires 02122 Tom Swann 4. Special Reports & Presentations Commissioner Term Expires 02122 A. City Administration Report Craig Ambrosiani B. Other Reports, Announcements & Presentations Commissioner Term Expires 02122 5. Citizens' Comments on any subject except those items Nathaniel Charbonneau scheduled for public hearing. [Those who have signed in Commissioner will be given the first opportunity to speak. Time is limited Term Expires 02121 to 3 minutes per speaker and 36 minutes total time for this Kelli Hatfield agenda item] Commissioner Term Expires 02121 6. Approval of Agenda and Consent Agenda. [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda.] Scott Meszaros City Manager Jackie C Wilde Community Development Director Andy Bacon Planning Assistant Planning and Zoning Commission Meeting Agenda December 3, 2019 7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the first opportunity to speak] A. Unfinished Business Items requiring a Public Hearing—None B. New Business Items requiring a Public Hearing 1. Resolution 2019-017 Granting A Variance From Seward City Code 15.10.220 Development Requirements To Reed And Kelley Wiley Lane, Permitting An Exception To The Zoning Code To Allow Structure Within The 5 Foot South Side Setback On Lot 27, Block 27, Original Town Site Seward, 512 First Avenue, Within The Single Family Residential (RI) Zoning District..............................Page 4 2. Resolution 2019-018 Recommending City Council Approval Of The Rezoning Of The West Half of Federal Addition Blocks 7, 14, and 17, except Lot 7A Block 17, From Single Family Residential (RI) and Two Family Residential (R2) To Office Residential (OR)........Page 30 8. Unfinished Business —None 9. New Business A. Resolution 2019-019 Recommending That The Seward City Council Officially Proclaim The Name "Benny Benson Park" To The City Park Located At 1121 Third Avenue; the Area West of Third Avenue, Bounded By Dairy Hill Lane And Chamberlin Road, Comprising The Seward Lagoon, Rotary Pavilion, And Benny Benson Memorial, Commonly Known As Benny Benson —Lagoon Park...............................................................................Page 68 B. Resolution 2019-020 Granting a Six Month Extension To Conditional Use Permit No. 2019-07, Issued To Brad Snowden For The Operation Of A Mixed Use Four Unit Multi-Family Dwelling At 430 Fourth Avenue Located In The Office Residential (Or) Zoning District ......................................Page 75 C. Approval of November 5, 2019 Regular Meeting Minutes....................... Page 89 10. Informational Items and Reports (No action required)- A. Planning and Zoning Commissioner Newsletter..................................... Page 93 B. FEMA Region X Newsletter...................................................................... Page 97 C. 2019 Planning & Zoning Meeting Schedule..........................................Page 100 D. City Calendars ......................................................................................Page 101 Planning and Zoning Commission Meeting Agenda December 3, 2019 11. Commission Comments 12. Citizens' Comments [Limit to 5 minutes per individual Each individual has one opportunity to speak] 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment Planning and Zoning Commission Meeting Agenda December 3, 2019 Sponsored by: Staff CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION NO.2019-017 RESOLUTION 2019-017 OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING A VARIANCE FROM SEWARD CITY CODE 15.10.220 DEVELOPMENT REQUIREMENTS TO REED AND KELLEY WILEY LANE, PERMITTING AN EXCEPTION TO THE ZONING CODE TO ALLOW STRUCTURE WITHIN THE 5 FOOT SOUTH SIDE SETBACK ON LOT 27, BLOCK 27, ORIGINAL TOWN SITE SEWARD, 512 FIRST AVENUE, WITHIN THE SINGLE FAMILY RESIDENTIAL (R1) ZONING DISTRICT WHEREAS, on or about November 5, 2019 Reed and Kelly Lane applied for a zoning variance from Seward Code §15.10.222 Development Requirement to allow the placement of a roof within the 5' minimum side yard setback development requirement along the south lot line of Lot 27, Block 27, Original Townsite, more commonly known as 512 First Avenue; and WHEREAS, the applicant satisfied the hearing notice requirements of§ 15.01.040(a); and WHEREAS, the Community Development Department reviewed the application and prepared an Planning and Zoning Agenda Statement that was distributed to the applicant and commissioners in advance of the hearing; and WHEREAS, on December 3, 2019, the Planning and Zoning Commission held the required public hearing on the variance application; NOW,THEREFORE,BE IT RESOLVED by the Seward Planning and Zoning Commission: Section 1. Findings of Fact. According to Seward City Code § 15.10.325(d), the Commission shall establish a finding that all of the following conditions have been found to exist prior to issuing a variance permit. 1. The proposed action must be consistent with all of the general conditions required for a conditional use permit. General use conditions required for a conditional use permit are partially satisfied,but granting the variance would authorize significant deviations from generally accepted zoning and planning principles contained in the code. 4/103 Seward Planning and Zoning Commission Resolution 2019-17 Page 2 of 6 a. The proposed use is consistent with the purpose of this chapter and the purpose of the zoning district. This condition is partially satisfied. Development Requirements: Lot 27 has nonconforming status. It is the express intent of the chapter"to eliminate the nonconformities as rapidly as the law permits. It is further the intent of this chapter that nonconforrnities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district."The proposed modification to the nonconforming structure would enlarge the nonconformity, in direct conflict with the purpose of the chapter and the zoning district. Parking: Seward City Code 15.10.215 requires that single-family dwellings have two parking spaces per dwelling unit. Lot 27 has sufficient off-road parking for two vehicles. This requirement, of particular importance in the downtown area, is satisfied. Floodplain status: This property is not located in a flood hazard area. b. The value of adjoining property will not be significantly impaired. It is uncertain if this condition is satisfied, but the circumstances mitigate its relevance. Lot 26 is the adjoining property where the value could potentially be impaired. However, applicant owns both Lots 26 and 27 and would therefore incur the burden of any such loss, to which applicant presumably does not object. Accordingly,the Commission proceeds as though this condition were fully satisfied. c. The proposed use is in harmony with the Seward Comprehensive Plan. It is uncertain if this condition is satisfied. The Plan expresses a goal of developing reasonably priced housing within Seward.This variance relates to that goal,but it is difficult to say whether it furthers or inhibits the goal. On the one hand, it could be viewed as improving the present availability of housing on Lot 27. On the other, continuing a nonconforming use could be viewed as delaying the development of superior, conforming housing on Lot 27 or inhibiting the development of quality housing on Lot 26. Owing to the uncertainty, little weight is given to this factor in reaching the conclusion that the request must be denied. d. Public services and facilities are adequate to serve the proposed site. This condition is satisfied. Adequate water, sewer, and power are available to the property, as well as adequate police, fire, and solid waste service.The enjoyment of this variance would not require any change or increase to the use of public water, sewer,or power utilities. 51103 Seward Planning and Zoning Commission Resolution 2019-17 Paize e. The proposed use will not be harmful to the public safety,health or welfare. This condition is not satisfied. Deputy Fire Chief Crites expressed concern that reducing the potential space between adjacent structures would interfere with emergency response by precluding the placement of ladders and would increase the risk of fire in one structure spreading to the adjacent structure. As explained by Building Inspector Nilsson, to inhibit the spread of fire, the 2012 International.Residential Code, adopted by the City by reference, requires a minimum fire separation distance of greater than 5' for exterior walls that are not fire resistance rated and a 2' separation from the lot line for any overhangs. f. 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 to the proposed use. This condition is not directly applicable. 2. Special conditions or circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same district. The applicant provided the following statement as explanation of the special conditions of circumstances justifying the requested variance. It is unknown whether or not past earthquakes shifted the 80+year-old- home into the setback or if the home existed in the setback prior to the city creating the codelordinanceslplat, etc. that make this home an illegal, nonconforming property today. The Commission assumes that the structure (at least prior to the applicant's 2019 modification of it) is a lawful nonconforming structure. Prior to the 2019 modification for which the variance is sought, the structure did not constitute a violation of the zoning code nor was a variance required to maintain the structure. Seward City Code § 15.10.315, which governs nonconformities, makes clear that a lawful, pre-existing nonconforming structure cannot serve as the basis for requesting a variance that would increase the conformity. "Nonconforming structures are subject to the following restrictions:A nonconforming structure may not be enlarged or altered in a way which increases its nonconformity".1 The owners of a property containing a §15.10.315(f)(1). 6/103 Seward Planning and Zoning Commission Resolution 2019-17 Page 4 of 6 nonconforming structure may maintain the structure in conformity with the code,Z but they may not increase the nonconformity.3 It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their perpetuation, and to eliminate the nonconformities as rapidly as the law permits. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district.4 Given the codified intent of the zoning code and the express prohibition on increasing the scope of a nonconforming structure's nonconformity, nonconforming status cannot constitute"special conditions or circumstances peculiar to the land or structures involved and which are not applicable to other lands and structures in the same district" that would merit a variance. Granting a variance on such basis would violate the express intent of the code. Moreover, the applicant has not shown that the structure cannot be adequately maintained without increasing the nonconformity and the commission is prohibited from granting a variance on the basis of financial hardship or inconvenience. 3. The special conditions and circumstances were not cause by actions of the applicant. To the extent the property's nonconforming status is asserted as the special condition or circumstance causing the need for the variance, nonconforming status was not caused by the applicant. But nonconforming status cannot serve as the basis for granting a variance that would authorize an increase in the nonconformity, To the extent the applicant asserts the prior completion of the proposed work as a special condition or circumstance, this was caused by the applicant. Because this these findings concludes that the applicant did not state special conditions and circumstances that can be validly considered, relatively little weight is given to the applicant's responsibility for the conditions. 4. Financial hardship or inconvenience shall not be a reason for granting variance. Any loss of property value that may have occurred in the absence of roof repair work is not considered because (i) the applicant has not shown that the roof could not be adequately repaired without increasing the nonconformity, and because (ii) § 15.10.315 See §15.10.315(f)(2)-(4). 3 §15.10.315(f)(1). §15.10.315(a). 7/103 Seward Planning and Zoning Commission Resolution 2019-17 Page 5 of b contemplates that such loss may occur in the case of nonconforming structures, with subsection (f) setting the standards by which those potential losses may be mitigated. Moreover,Commission expressly avoids any consideration of expense the applicant incurred by performing the proposed work prior to obtaining a building permit or that such expense may be wasted if the violation is ordered to be abated. Similarly, potential costs of abating the violation(s) are not considered because this criteria disclaims such consideration and because the applicant ought not be benefitted by sums expended in violation of the City's building and zoning codes. (Nor does the Commission take into account that the applicant proceeded with construction work without a valid building permit and may have continued to work even after a stop-work order issued. These facts, if proven, may be relevant to zoning code violation enforcement and penalties,but are not among the criteria to be considered when evaluating a variance request.) 5. Other nonconforming land uses or structures within the district shall not be considered as grounds for granting a variance. The Commission has not considered other nonconformities within the district. 6. The requested variance is the minimum variance necessary to permit the reasonable use of the property. This condition has not been satisfied. The applicant has not shown the reasonable use of the property is not possible without the variance and superficially have not shown that the roof of the nonconforming structure cannot be adequately repaired without increasing the nonconformity. 7. The requested variance will not permit a land use in a district where the use is prohibited. This condition is satisfied. The requested variance does change any use. Section 2. Denial of Variance. Seward City Code § 15.10.325(d)provides that the Commission shall establish a finding that all of the following conditions have been found to exist prior to issuing a variance permit. As identified in Section 1: Findings of Fact, the Commission is unable to find that all the required criteria have been met or should otherwise be relaxed and therefore denies applicants Reed and Kelly Lane's request for a zoning variance from Seward Code §15.10.222 Development Requirement to allow the placement of a roof within the 5' minimum side yard setback development requirement along the south lot line of Lot 27, Block 27, Original Townsite, more commonly known as 512 First Avenue. 8/103 Seward Planning and Zoning Commission Resolution 2019-17 Page 6 of 6 Section 3. Effective Date. In accordance with Seward City Code § 15.10.325(e), unless rescinded, amended or appealed any resolution adopted under this chapter automatically becomes effective ten days after passage and posting. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3r¢ day of December 2019. THE CITY OF SEWARD ALASKA Cindy L. Ecklund,Chair AYES: NOES ABSENT ABSTAIN ATTEST Brenda Ballou, MMC, City Clerk 9/103 P & Z Agenda Statement Meeting Date: December 3, 2019 Through: Jackie Wilde, Community Development Director From: Charles A. Cacciola, Counsel for Community Development Department Agenda Item: Resolution 2019-017 Granting A Variance From Seward City Code 15.10.220 Development Requirements to Reed And Kelley Wiley Lane, Permitting An Exception To The Zoning Code To Allow Structure Within The 5 Foot South Side Setback On Lot 27, Block 27, Original Town Site Seward, 512 First Avenue BACKGROUND AND JUSTIFICATION Applicants Reed and Kelly Lane have applied for a zoning variance form from Seward Code 15.10.222 Development Requirement to allow the placement of a roof within the 5' minimum side yard setback development requirement on the along the south lot line of Lot 27, Block 27, Original Townsite, more commonly known as 512 First Avenue. Lot 27, like many of the lots created by the original townsite plat, is a 3,000 square foot lot. It has a small structure with a foot print of approximately 402 ft2. That structure is situated on the lot approximately 2.5' from the southern lot line, shared with Lot 26. Existing Nonconforming Structure By all accounts, the structure's present location predates the City's first adoption of a zoning code in 1989.1 Accordingly and as a result of the approximate 2.5' encroachment into the 5' side yard setback, it is a nonconforming structure as defined by § 15.10.315. All other aspects of this structure(prior to the applicant's 2019 modification of it, addressed below)are believed to in conformity with current code requirements. A pre-existing nonconforming structure means the property is in conformity with the zoning code. No variance is required for the Lanes (or subsequent owners)to own and maintain Lot 27 and the primary structure thereon in its (original) nonconforming condition. Modification of nonconforming structures is,however, restricted. As stated in the zoning code: It is the intent of[Chapter 15.10] to permit [] nonconformities to continue until they are removed,but not to encourage their perpetuation,and to eliminate the nonconformities as rapidly as the law permits. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, 1 By 1992 warranty deed conveying Lots 26 and 27 from David Campbell to Lynda Tuer, "Grantor certifies that said property has never been used as a family residence."Warranty Deed (January 28, 1992), recorded in the Seward Recording District at Book 63, Page 840. 101103 Planning and Zoning Agenda Statement Resolution 2019-017 Page 2 of 9 nor used as grounds for adding other structures or uses prohibited elsewhere in the same district.' To achieve this intent, nonconforming structures are subject to restrictions relating to maintenance of and addition to the structure: (1) A nonconforming structure may not be enlarged or altered in a way which increases its nonconformity; (2) Should a nonconforming nonresidential structure or nonconforming portion thereof be damaged by any means to an extent of more than 50 percent of its replacement cost at time of destruction, as determined by the City Manager or his designee, it shall not be reconstructed except in conformity with the provisions of this chapter; (3) Any nonconforming residential structure being used as a primary residence that is destroyed may be rebuilt provided that all provisions of this chapter, excluding lot size and width, are met-,and (4) On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done, in any period of 12 consecutive months on ordinary repairs, to an extent not exceeding 50 percent unless said repairs are in conformity with all other provisions of this cha ter or are required by any official charged with protecting the public safety. Project.Background On March 21, 2019, the Lanes submitted an application to construct an arctic entry on the main structure on Lot 27. The proposed artic entry consisted of a 5' X 8' addition on the west side of the main structure, facing First Ave. As part of the application process, a site plan was submitted to the Community Development Department. Finding that the arctic entry conformed to all zoning requirements and that, despite enlarging the structure, it did not do so in any way that enlarged or altered its nonconformity, Planning Director Wilde approved the site plan. Building Permit 2019-08 issued. Construction of the artic entry appears to have commenced and been completed without incident and there is no known code non-compliance related to the artic entry. In August, the Fire Department became aware that unpermitted construction—roof work—was taking place on Lot 27. A stop-work order issued on August 28, 2019 and was posted in a conspicuous place on the premises. On or about August 28, 2019, the Lanes submitted a request for a building permit for "replacement of a failing structural roof(husband fell through), at this time w/engineered planes we are replacing 50% with plans to replace other 50% in the future."4 With that application, the z § 15.10.315(a). § 15.1.0.315(f). 4 Residential Building Permit Application, submitted by Kelley Lane 111103 Planning and Zoning Agenda Statement Resolution 2019-017 Page 3 of 9_ Lanes submitted truss drawings prepared by MiTek under the direction of a registered Professional Engineer. These drawings depict a roof that will extend approximately 24"beyond the external wall of the structure. The building permit is states "WORK MAY NOT BEGIN UNTIL A BUILDING PERMIT IS ISSUED." Over the next two weeks, the Lanes communicated with buildings safety officials and the Department regarding insufficiencies in the building permit application dated August 28, 2019, with city officials informing the Lanes what steps and submissions were required for the work to be lawfully performed and to come into compliance with the zoning code. The building inspector had concerns regarding the design of the proposed structure and its ability to withstand wind shearing and snow loads. Additionally, the proposed structure would have expanded the nonconformity of the nonconforming structure, and the Lanes had not obtained a variance that would allow them to further encroach upon the 5' side yard setback. The Lane.,, Undertook (and seemingly completed)the roof repair work without a building permit and withcnit the required variance. It is not entirely clear when the Lanes began construction on the un-permitted roof or when they completed the work, including whether or not the continued work after the stop-work order issued. By letter dated September 13, 2019, the Lanes were informed that there were code violations occurring on Lot 27 and that to bring the Lot into compliance, the Lanes would need an approved building permit for the modified structure and that in order to comply with setback requirements, the Lanes could"rejoin" Lots 26 and 27.5 At this time, the Lanes were not informed of other alternatives to bring the property into compliance such as returning the structure to a condition that would allow it to continue as a lawful nonconforming structure or seeking a variance that, if issued, would allow the building official to issue a building permit if all other building code provisions were satisfied. 5 In 1975, Lots 21, 22,23, 24, 25, 26, and 27 of Block 27 were conveyed to Donna Lantz. In 1977,. Lots 26 and 27 were conveyed to Jack Butler. Since that 1977 conveyance, Lots 26 and 27 have always had the same owner notwithstanding several conveyances to new owners. Each time both lots were conveyed by one deed. Similarly, when the properties have served as collateral for loans, the deed of trust encumbered both lots. This pattern continued when the Lanes acquired Lots 26 and 27 by warranty deed on October 16, 2015. The Kenai Peninsula Borough treated both lots as one tax parcel for the purposes of real property tax. It appears that the Lanes asked the KPB to "sever" Lots 26 and 27 into two individual tax parcels in 2019. Although the transaction history of Lots 26 and 27 and KPB real property tax records tend to treat the two lots as one parcel, they are legally two separate lots according to the 1905 original Seward Townsite plat. No re-plat or other instrument of record legally consolidated the lots into a single lot. They were and remain legally separate lots.The Lanes' request that the KPB treat each lot as a separate tax parcel does not constitute a subdivision of the lots. For the purposes of the City's zoning ordinances, Lots 26 and 27 have been and are separate lots. 12/103 Planning and Zoning Agenda Statement Resolution 2019-017 Page 4 of 9 (To date, no enforcement action for engaging in construction without a building permit, continuing construction after the issuance of the stop-work order,or the zoning code violations has been undertaken. The Community Development Department and building inspector first sought to work with the Lanes to bring their property into compliance. The City intends to initiate enforcement action following resolution of the variance request.) Following receipt of the Planning Director's September 13, 2019 letter,CDD and the Lanes resumed discussion of ways the Lanes could bring Lot 27 into compliance. On November 5. 2019, the City received the Lane's Application for Variance. The variance seeks exception to §15.10.220. Site plans were included in the submission, but the application did not explicitly state what aspects of§15.10.220 they sought variance from and for what structures on the site plan. The Lanes later clarified that they "are requesting a variance to change their existing home roof line to be one foot from lot line' . Public Notice and Comments Property owners within 300 feet of the property were notified of this proposed variance. Public notice signs were posted on the property, and all other public hearing requirements of SCC 15.01.040 were satisfied. At the time of submission of this report, the Community Development Department has received no public comments. If any comments are received after submission and prior to the December 3, 2019 meeting, they will be presented to the commission at the meeting. Staff Comment: Staff has reviewed the Conditional Use Permit application the following comments were reported. Department Comments No NIA Comment Building Department Electric Department Application is incomplete/incorrect and/or contains errors, please have applicant make corrections Fire Department Harbor Department X Police Department Public Works Department Telecommunications 6 Rissie Casagranda email to Charles Cacciola (November 20, 2019 9:08 PM); see also Kelley Lane email to Boyd, Chandler, Falconer& Munson, LLP(November 08, 2019 4:01 PM). 131103 Planning and Zoning Agenda Statement Resolution 2019-017 Page 5 of 9 RECOMMENDATION The Community Development Department recommends that Resolution 2019 be denied because the applicant has not shown appropriate special conditions or circumstances exist which are peculiar to the land or structures that would necessitate justify the near zero-lot line structure. The basis for this recommendation is more fully explained below. §15.10.325(d) Review Criteria & Analysis CONSISTENCY CHECKLIST: Yes No N/A Seward Comprehensive Plan (2030, approved by Council May 30, 20r7): Section 7 — Housing. The Plan expresses a goal of developing reasonably priced housing within Seward. This variance relates to that 1. goal, but it is difficult to say whether it furthers or inhibits the goal. On x x the one hand, it could be viewed as improving the present availability of housing on Lot 27. On the other, continuing a nonconforming use could be viewed as delaying the development of superior, conforming housing Lon Lot 27 or inhibitingthe development of qualityhousingon Lot 26. 2. Strategic Plan (1999): 1. The proposed action must he consistent with all of the general conditions required for a conditional use permit. As explained below, general use conditions required for a conditional use permit are partially satisfied, but granting the variance would authorize significant deviations from generally accepted zoning and planning principles contained in the code. The recommendation to deny the request flows from these inconsistencies. a. The proposed use is consistent with the purpose of this chapter and the purpose of the zoning district. This condition is partially satisfied. Development Requirements: As explained below, this property has nonconforming status. It is the express intent of the chapter"to eliminate the nonconformities as rapidly as the law permits. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district.'7 The proposed modification to the nonconforming structure would enlarge the nonconformity, in direct conflict with the purpose of the chapter and the zoning district. §15.10.315. 14/103 Planning and Zoning Agenda Statement Resolution 2019-017 Page 6of9 Parking: Seward City Code 15.10.215 requires that single-family dwellings have two parking spaces per dwelling unit. Lot 27 has sufficient off-road parking for two vehicles.This requirement, of particular importance in the downtown area, is satisfied. Flaadplain status: This property is not located in a flood hazard area. b. The value of adjoining property will not be significantly impaired. It is uncertain if this condition is satisfied, but the circumstances mitigate its relevance. Lot 26 is the adjoining property where the value could potentially be impaired. However, applicant owns both Lots 26 and 27 and would therefore incur the burden of any such loss, to which applicant presumably does not object. Accordingly, the recommendation proceeds as though this condition were fully satisfied. c. The proposed use is in harmony with the Seward Comprehensive Plan. It is uncertain if this condition is satisfied. The Plan expresses a goal of developing reasonably priced housing within Seward. This variance relates to that goal,but it is difficult to say whether it furthers or inhibits the goal. On the one hand, it could be viewed as improving the present availability of housing on Lot 27. On the other, continuing a nonconforming use could be viewed as delaying the development of superior, conforming housing on Lot 27 or inhibiting the development of quality housing on Lot 26. Owing to the uncertainty, little weight is given to this factor in reaching the recommendation. d. Public services and facilities are adequate to serve the proposed site. This condition is satisfied. Adequate water, sewer, and power are available to the property, as well as adequate police, fire, and solid waste service. The enjoyment of this variance would not require any change or increase to the use of public water, sewer,or power utilities. e. The proposed use will not be harmful to the public safety, health or welfare. This condition is not satisfied. Deputy Fire Chief Crites expressed concern that reducing the potential space between adjacent structures would interfere with emergency response by precluding the placement of ladders and would increase the risk of fire in one structure spreading to the adjacent structures As explained by Building Inspector Nilsson, to inhibit the spread of fire, the 2012 International Residential Code, adopted by the City by reference,9 requires a minimum fire separation distance 8 To evaluate the health and safety concerns presented by the proposed variance,CDD assumes the full and complete lawful enjoyment of Lot 26 by its current, and any future, owner, which includes the right to place a structure within 5' of the lot line. The City cannot satisfy the safety requirements by compelling Lot 26 to absorb the full combined setback requirement for the benefit of Lot 27. 9 § 12.05.021. 151103 Planning and Zoning Agenda Statement Resolution 2019-017 Page 7 of 9 of greater than 5' for exterior walls that are not fire resistance rated and a 2' separation from the lot line for any overhangs.10 These safety concerns are a significant reason for the recommendation that variance request be denied. f. 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 to the proposed use. This condition is not directly applicable. 2. Special conditions or circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same district. The applicant provided the following statement as explanation of the special conditions of circumstances justifying the requested variance. It is unknown whether or not past earthquakes shifted the 80+year-odd-home into the setback or if the home existed in the setback prior to the city creating the codelordinances/pdat, etc. that make this home an illegal, nonconforming property today. As explained above, CDD assumes that the structure(at least prior to the applicant's 2019 modification of it) is a lawful nonconforming structure. Prior to the 2019 modification for which the variance is sought, the structure did not constitute a violation of the zoning code nor was a variance required to maintain the structure. Seward City Code § 15.10.315, which governs pre-existing nonconformities, makes clear that a lawful, pre-existing nonconforming structure cannot serve as the basis for requesting a variance that would increase the conformity. "Nonconforming structures are subject to the following restrictions:A nonconforming structure may not be enlarged or altered in a way which increases its nonconformity'.�� The owners of a property containing a nonconforming structure may maintain the structure in conformity with the code,l2 but they may not increase the nonconformity. iQ 2012 International Residential Code Commentary Section R302 Fire-Resistant Construction. §15.10-315(f)(1). 12 See §15.10.315(f)(2)-(4). 16/103 Planning and Zoning Agenda Statement Resolution 2019-017 Page 8 of 9 It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their perpetuation,and to eliminate the nonconformities as rapidly as the law permits. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district.13 Given the codified intent of the zoning code and the express prohibition on increasing the scope of an existing nonconformity, nonconforming status cannot constitute"special conditions or circumstances peculiar to the land or structures involved and which are not applicable to other lands and structures in the same district"that would merit a variance.Granting a variance on such basis would violate the express intent of the code. Moreover, the applicant has not shown that the structure cannot be adequately maintained without increasing the nonconformity and the commission is prohibited from granting a variance on the basis of financial hardship of inconvenience. The failure to satisfy this condition is a major factor in the recommendation that the requested variance be denied. 3. The special conditions and circumstances were not cause by actions of the applicant. To the extent the property's nonconforming status is asserted as the special condition or circumstance causing the need for the variance, nonconforming status was not caused by the applicant. But nonconforming status cannot serve as the basis for granting a variance. To the extent the applicant asserts the prior completion of the proposed work as a special condition or circumstance, this was caused by the applicant. Because this report concludes that the applicants did not state special conditions and circumstances that can be validly considered, relatively little weight is given to the applicant's responsibility for the conditions. 4. Financial hardship or inconvenience shall not be a reason for granting variance. Any loss of property value that may have occurred in the absence of roof repair work is not considered in making the recommendation because(i)the applicant has not shown that the roof could not be adequately repaired without increasing the nonconformity,and because(ii) § 15.10.315 contemplates that such loss may occur in the case of nonconforming structures, with subsection (f) setting the standards by which those potential losses may be mitigated. Moreover, the recommendation expressly avoids any consideration of expense the applicant incurred by performing the proposed work prior to obtaining a building permit or that such §15.10.315(a). 17/103 Planning and Zoning Agenda Statement Resolution 2019-017 Page 9 of 9 expense may be wasted if the violation is ordered to be abated.14 Similarly, potential costs of abating the violation(s) are not considered because this criteria disclaims such consideration and because the applicant ought not be benefitted by sums expended in violation of the City's building and zoning codes. 5. Other nonconforming land uses or structures within the district shall not be considered as grounds for granting a variance. The recommendation is not based on other nonconformities within the district. C. The requested variance is the minimum variance necessary to permit the reasonable use of the property. This condition has not been satisfied. The applicant has not shown the reasonable use of the property is not possible without the variance and superficially have not shown that the roof of the nonconforming structure cannot be adequately repaired without increasing the nonconformity. The failure to satisfy this condition is a significant, but not primary,reason for the recommendation that the variance be denied. 7. The requested variance will not permit a land use in a district where the use is prohibited. This condition is satisfied. The requested variance does not relate to any changed use or prohibited use. 14 Nor does the recommendation take into account that the applicant proceeded with construction work without a valid building permit and may have continued to work even after a stop-work order issued. These facts, if proven, may be relevant to zoning code violation enforcement and penalties,but are not among the criteria to be considered when evaluating a variance request. 18/103 From: mama Rissie amamarissie@gmail.com> Sent: Wednesday, November 20, 2019 9:08 PM To: Charles Cacciola; Kelley Wiley Lane; Reed Wiley Lane Subject: Re: 521 First Ave Variance Follow Up Flag: Follow up Flag Status: Flagged Charles, You are correct. The Lanes are requesting a variance to change their existing home roof line to be one foot from lot line(the roof line was 2' from lot line prior to recent emergency repairs). They are not applying for any variances for the existing ADU as this unit was existing when they purchased the property and to the best of their knowledge, this does not require any variances. The Lanes are requesting the variance only for the south side of their residence. 1t was 2' from the lot line and after recent emergency repairs, it is now 1' from lot line. With this variance, The Lanes will be able to apply for a building permit and therefore be able to complete their incomplete emergency roof repairs that have been started but are not complete.. Thanks so much for your help on this matter. Your time and careful consideration is greatly appreciated. Rissie. On Wed, Nov 20, 2019 at 6:22 PM Charles Cacciola<CCacciola@bcfaUaw.com>wrote: Rissie, This is to confirm out discussion regarding the variance sought by the Lanes for 521 First Avenue. The Lanes seek a variance in the side lot setback only. Specifically, they seek variance from 15,10.222,which establishes, for R 1 south of Seward Highway/Phoenix Road intersection, a minimum side yard setback of 5 feet.The Lanes seek a variance to allow for the roof of the primary structure to extend to within 1' of the lot line separating Lot 27 from Lot 26. No other variance from any code requirement is requested. And specifically,the Lanes are not requesting any variance for the roughly 8'X16' structure located on the property. M103 Regards, Charles Charles A. Cacciola Boyd, Chandler, Falconer& Munson, LLP 911 W. 8"' Avenue, Suite 302 Anchorage, AK 99501 (907) 272-8401 20h 03 Frain: BCF <BCF@bcfaklaw.com> Sent: Friday, November 08, 2019 4:31 PM To: Charles Cacciola Subject: FW: Kelley&Reed Lane of Seward From: Kelley Wiley Lane [mailto•Icelleywileylane@gmail.comI Sent: Friday, November 08, 2019 4:01 PM To: BCF<BCF bcfalclaw.eom> Cc:marnarissie email.com Subject: Kelley& Reed Lane of Seward Greetings, Mr Casciolla— Good afternoon. I understand that your firm will now be representing the City of Seward in a misunderstanding that the City has created in regards to my Seward property&home. I am writing to begin contact and to inform you that we have contracted with Ristine Casagranda to be our project manager. We give full rights to her to be in contact with you and your firm on our behalf. Thank you. Kelley Lane 21h103 It �.J RECEIVED ois J NOV 05 2019 APPLICATION FOR VARIANCE 0FFtCE of THE u� City of Seward �tT`YCLSK Gad` Planning and Zoning P.O. Box 167, Seward, Alaska, 99664 907-224-4048 This completed application is to be submitted to the Community Development.Department no later than three(3)weeks in advance ofthe next regularly scheduled Planning&Zoning Conzmission meeting held the first Tuesday of each month. Property Owner/Agent �wne 's c6ritractor(If Any) Name: Line, Name: City of Seward Business License#: Mailing Address: Alaska Business License#: R o fax OL, 1 t Contractor's License#: Contact Phone: Mailing Address: Contact Phone: E-mail: Y ropeirty Information ; ;_ Size of Property: 3 -� Property Tax#: MOO Street Address: J 1 Z "F� Legal Description: Lot(s) Block Subdivision OR Parcel/Tract Section Township Range_ [Attach additional page if necessary] Zoning: ICity Limits URural Residential(RR) 4jSingle Family Residential(R1)) DTwo Family Residential (R2) DMultiple Family Residential (R3)DUrban Residential (UR) ❑Office Residential (OR) Harbor Commercial (HC) Auto Commercial (AC) ❑Central Business District(CB) ❑Industrial (1) ❑ Institutional(INS) JPark(P) QResource Management(R) 22/103 e;lty of"5e4Yorct Nov (10019 }pn must be accom anted by: CanAs-Built Survey by a surveyor registered in the State of Alaska((if already developed) or Sc led site plan of undevelopeand which shows: 111, �P operty dimensions �''ioc ion and dimensions of existing and planned buildings �'pa king configuration riveways/access; natural features NO NL variance requested other pertinent information J v O d Aoplicant seeks a variance from the folloWin eneral:re uirerienf s . Variance Re uest l''or Code Sections #: Code must be referenced B. The existing situation is: �- � Granting this vAriance:would:pez7mit: � r e nOn mi e D. What structures are to d n the propertyOk , .l>J► l E. What is the existing use'ofthe property.? What is the proposed use ofthe property? G.What is your development time schedule? 23/103 Clty of SOW410 3 Nov 09,2019 owng Commission may only grant a variance if the Commission finds all of l P'fol owing M ditions are met. Each con_ j n must have a response in as much detail as it takes to meet the condition. Please use additional paper if there. is:not.enough room here for oui,response. Failure to document.your case reduces the likelihood of your•variance being ranted. Die AOplic.ant hereby alleges that: .:Thie proposed uctr'on.:is consistent with all of the:gewral c�o tins.required for a . onditrirrcal us.e,perm it as forlows: A.The:use is cansisferrt with the'Purpose, of the.Zoning Cade,and the purposes of the zoning: ... B.The'value ofthe adjoiningproperry�willnotbesxgx ficanily Impaired: C The,proposed use is xn harnnony Nwxththe Seward Compre..ensiv.e Plan: D.Putilxcservxcesandfacilitresareadequateto;servefheproposedpse P E..Ife- xopo sed use W3LLNQT behai'Txxfirl tp thepublxcsafaty,h.�alth airwetfare: �� ence ar ,� a _ are` Special cnnditrans and crreumstattees exlst;which are peculiar to the la or sf rrctures in nlved ►.d which are not applicable to.q er hih:' and structures an;the same dhtrrc� These special onditrnrrs are: .- Z� i � epo N VS r - �- s�.� CMI �C) "C)(x 0-()A "I The special conditions and circumstances have not been caused,hy actions of the applicant in hat.: . Financial hardship or inconvenience shall not he a reasonforgrguting a variance in that: 24/103 city of sewafd NOV o0 20,19 Co t j*M*"�gfjforming land use or structures within the district shall not be considered grorrnd.F for ra ng a variance in that: assckL►l 0,. o no IX) (\ *\I S � V)kA-VN 6 LL Ck-C c r na G. The variance granted:is the mini urn variance that will make pos le a reasotraLle use of the land, uildin or structure in that: tit vk 7. Granting the:variance will not permit a use that is not:otherwise permitted in the district in which the proper propetV lies in that. � ►Cs +C) t = 1no,mt.-- w6t,�, bo-C i s l hereby certify that all statements and other xnformatiPn subOtted.are true and accurate to the best of nay knowledge, and that 1, as applicant,have the following legal terest in the property: Owner of record; Lessee, . :. Conttaat Furchaser;�duly'autharizeci to . : and that the act fora person who has the following legal interest Q owner of record is knowledgeable of this application if I am not tla�owner. understated that he variance fee is non-refundable to cover the cost associated with processing,this t cat d and that it oes not assure a roval Q the vartar'ce, 1 wner Agent Date PROVISIONS; The applicant is advised that issuance of this permit will not relieve responsibility of the wrier or owner's agents to comply with the provisions of all laws and ordinances,including federal,state land local jurisdictions, which regulate construction and performance of construction,oi-with any private eed restrictions. Office Use Only Below This Line 'Fee $250.00 Site Plan Location Map Fee As-Built Survey INC IMPLETE APPLICATIONS WILL NOT ME AC CEPI',�FD 25/103 City of Seward NOV Oa 2019 Communif Developmeill First Ave 43- F T, Z H- r Parking ' t N cp 0 Parking IO in 7 N. p 0 " max ° Win r o � N � 4 �- cr Q co L. r 41 Lo a FL a Allev 26/103 MY of Seward G�-- 0 NOV 081019 Community Development First Ave �t c� Y' Lo U) r z Parking bo Parking V) ca d d 0 �X o ❑ Lx u n Liz r L19 " 47 I Nr _ co d N � 1 1 1 1 I 1 4) 9'L4 Q4-••v 00 N r ar O N ,I U) CL rL .................................. a IN Allev 27/103 a Se Ward AECEII'1`# 31163 CITY OF SEWARD � o 410 ADAMS STREET NOV 06 019 CiCi'J ix l 71avx9 PO BOX 167 Received SEWARD AK 99664 Community Development From phone: (907)224-4050 Looka Name Payment TYI2 9he_4jL# AM9jLq-ts 11122 COMMUNITY DEVELOPMENT Check 6284&6301 Due 300.00 Tendered 300,00 Change Due De ran: Variance Payment-Reed &Kelley Lane Zoning Fees 300,00 28/103 i r Ir .v 41 m, L S2 1 e L. �a MADISON V t Lot 27 Block 27 Original Townsite Parcel Map y�12 F'rst Avenue N Drawn By: AS 11r12r2U'19 Al to dif erent data sources property lines and aerial a 50 100 200 Feet imagery do not overlay correctly. Map is to he used for # orientation and reference purposes only, Mapping Assistance by Alaska Map Company,LLC 29/103 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-018 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF THE WEST HALF OF FEDERAL ADDITION BLOCKS 7, 14, AND 17, EXCEPT LOT 7A BLOCK 17, FROM SINGLE FAMILY RESIDENTIAL (R1) AND TWO FAMILY RESIDENTIAL (R2)TO OFFICE RESIDENTIAL (OR) WHEREAS, On November 12, 2019, the Board of Adjustment conducted a hearing of appeal on a decision by the Planning and Zoning Commission, failure to pass and approve Resolution 2019-013; and WHEREAS, the Board of Adjustment has directed the Commission to reconsider Resolution 2019-013; and WHEREAS, the property owners of Lots 7-12 Block 7, 7-12 Block 14, and 9A-12 Block 17 have submitted an application and filing fee, requesting their lot be rezoned from Single Family Residential (R1) and Two-Family Residential (R2) to Office Residential (OR); and WHEREAS, the proposed area to be amended includes thirteen (13) parcels that are developed with residential structures; and WHEREAS, the current zoning of the parcels are Single Family Residential (R1) and Two-Family Residential (R2), and the future Land Use Plan map designation recommends the parcels be rezoned to Two-Family Residential (R2); and WHEREAS, the Seward City Code SCC §15.01,035, Amendments, (b) (3) allows the consideration of this rezone because the area encompassed by the proposed ordinance contains more than one acre; and WHEREAS, the Office Residential (OR) district is intended to provide for medium density residential, commercial and office development designed to act as a transition zone between the high density central business district and surrounding medium-high density residential districts; and 301103 Seward Planning and Zoning Resolution 2019-018 Page 2 WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on December 3, 2019. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed zoning change and recommends Resolution 2019-018 be forwarded to City Council for enactment as Ordinance 2020 attached and incorporated herein by reference. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3d day of December 2019. THE CITY OF SEWARD, ALASKA Martha Fleming,Vice Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: None ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 311103 Sponsored by: Manning and Zoning Commission Introduction Date: Public Hearing Date: Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2020 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND ZONING DESIGNATION OF THE WEST HALF OF FEDERAL ADDITION BLOCKS 7, 14, AND 17, EXCEPT LOT 7A BLOCK 17, FROM SINGLE FAMILY RESIDENTIAL (R1) AND TWO FAMILY RESIDENTIAL (R2) TO OFFICE RESIDENTIAL (OR) WHEREAS, the property owners of Lots 7-12 Block 7, 7-12 Block 14, and 9A-12 Block 17 have submitted an application and filing fee, requesting their lot be rezoned from Single Family Residential (R1) and Two-Family Residential (R2) to Office Residential (OR); and WHEREAS, the proposed area to be amended includes thirteen (13) parcels that are developed with residential structures; and WHEREAS, the current zoning of the parcels are Single Family Residential (R1) and Two-Family Residential (R2), and the future Land Use Plan map designation recommends the parcels be rezoned to Two-Family Residential (R2); and WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the area encompassed by the proposed ordinance contains more than one acre; and WHEREAS, the Office Residential (OR) district is intended to provide for medium density residential, commercial and office development designed to act as a transition zone between the high density central business district and surrounding medium-high density residential districts; and WHEREAS, the Planning & Zoning Commission has complied with public notice and public hearing procedures for amending zoning district designations, as required by Title 15; and WHEREAS, at the August 6, 2019 meeting, the Planning and Zoning Commission reviewed the application, held a public hearing and failed to recommend City Council approval of the proposed zoning amendment included in this ordinance; and 32/103 City of Seward Ordinance 2020- Page 2 WHEREAS, the Board of Adjustment conducted an appeal hearing on November 12, 2019 and directed the Commission to reconsider Resolution 2019-013, and WHEREAS, at the December 3, 2019 meeting, the Planning and Zoning Commission reviewed the application and held a public hearing of the proposed zoning ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section Z. The Seward City Council hereby authorizes the amendment of the official Zoning Map of the City by amending the zoning designation of Lots 7-12 Block 7, 7-12 Block 14, and 9A-1.2 Block 17, Federal Addition from Single Family Residential (R1) and Two-Family Residential (R2)to Office Residential (OR) Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this—day of January 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 331103 P&Z Agenda Statement Meeting Date: December 3, 2019 Through: Jackie C. Wilde, Community Development Director From: Andy Bacon, Planning Assistant Agenda Item: Planning and Zoning resolution recommending City Council approval of the re-zoning of the west half of Federal Addition Blocks 7, 14, and 17, except Lot 7A Block 17, from Single Family Residential (R 1) and Two Family Residential (R2) to Office Residential (OR) BACKGROUND &JUSTIFICATION: On August 6, 2019 the Planning and Zoning Commission held a public hearing on Resolution 2019-013, recommending City Council amend the zoning designation of the above named properties. The Commission failed to support the recommendation, and the applicant appealed the decision of the Commission. On November 12, 2019 the Board of Adjustment heard the appeal and directed the Planning and Zoning Commission to reconsider the resolution. Attached for the Commission's review and recommendation to the Seward City Council is Resolution 2019-018 recommending that City Council approval of the attached Ordinance 2020- _ amending the zoning designation of Lots 7-12 Block 7, 7-12 Block 14, and 9A-12 Block 17 Federal Addition, located on the east side of Second Avenue from A Street nearly to D Street, from Single Family Residential (R1) and Two Family Residential (R2) to Office Residential (OR) (see attached maps). The application was submitted by property owner Cindy Ecklund, and includes the signatures of over 50% of the property owners in the area to be amended. The applicant has stated that rezoning to Office Residential (OR) is representational of current and planned neighborhood activities. ZONING HISTORY The zoning history of Second Avenue from A Street to D Street is as follows: The zoning designation of the portion of Second Avenue between A Street and D Street was indicated as Single Family Residential (RI) on the official zoning map adopted in 1978 by the Kenai Peninsula Borough, which held the zoning authority at that time, The 1985 Comprehensive Plan's Land Use Plan Map delineated the area between A Street and D Street along Second Avenue as Two-Family Residential (R2). In January 1992, by Ordinance 665, City Council amended the Land Use Plan of all Ri, R2, and R3 zoning within the OTS, Federal, Laubner & Cliff addition south of Mill Street, changing the zoning designation to Urban Residential (UR). Future Land Use Plans approved in 2005 and 2017 delineated this area as Two-Family Residential (R2). 34/103 Seward Planning and Zoning Commission Agenda Statement—Resolution 2019-018 Page 2 of 3 In 2006 Lot 7A, located on the corner of Second Avenue and D Street was rezoned Auto Commercial for the purpose of developing an employee bunkhouse. This parcel is not included in Resolution 2019-013 for that reason. In 2016, two land use amendment applications came before the Planning and Zoning Commission involving properties within this portion of Second Avenue. A rezone to Two-Family Residential (R2) for one 0.22 acre parcel passed and was enacted by Council. The second application to amend the zoning designation of four parcels on the west half of Block 17 to Auto Commercial (AC)failed to pass Planning and Zoning. SURROUNDING LAND USE AND ZONING: The Office Residential (OR) district is intended to provide for medium density residential, commercial and office development designed to act as a transition zone between the high density central business district and surrounding medium-high density residential districts. The adjoining properties to the east of the subject area are zoned Auto Commercial (AC) and are developed with a mix of residential and commercial structures. Properties to the west are zoned Institutional (INS) and Urban Residential (UR), and include AVTEC and residential homes. The property to the north is zoned Auto Commercial (AC) and includes a bunkhouse for seasonal employees. Properties to the south are zoned Single Family Residential (R1), and include single- family homes. CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan(2030, approved by Council May 30, 2017); 3.2.2.1 Maintain community vision through the rigorous implementation and update of the Comprehensive and 1. Land Use Plans (page 14) X * Update the zoning code in order to implement the Comprehensive Plan and bring the zoning map into conformance with the Land Use Plan (page 14,bullet 3) 2. Strategic Plan (Approved by Council Resolution 99-043): • Promote Residential and Commercial Development inside X the City. (Page 9,Bullet 2) Seward City Code • SCC §15,01.035,Amendments (b): (1) Changes in this title may be initiated by the following means: (e.) By petition of a majority of the property X 3' owners in the area to be amended; (3) Except for an ordinance altering the boundaries of existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land 351103 Seward Planning and Zoning Commission Agenda Statement—Resolution 2019-018 Page 3 of 3 use plan, no ordinance altering zoning within the City shall be considered if the area encompassed by the proposed ordinance contains less than one acre,not including street or alley rights-of-way. STAFF REVIEW City Staff reviewed this re-zone request and no comments or objections were received. PUBLIC NOTICE Property owners within three hundred (300) feet of the affected area were notified of this proposed land use amendment. Public notice signs were posted on each block in the area to be amended and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication, staff has received six (6) comments on the proposed land use amendment. These comments have been included in the packet. If any comments are received after this publication, they will be presented to the Commission as a laydown at the December 3, 2019. meeting. RECOMMENDATION: Commission review Resolution 2019-018, and make a recommendation to City Council on the application to amend the zoning designation of the west half of Federal Addition Blocks 7, 14, and 17, except Lot 7A Block 17, from Single Family Residential (R1) and Two Family Residential (R2)to Office Residential (OR) 36/103 2 D D ? J U N D City of Sewed LAND USE PLAN AMENDMENT - REZONING 'TA LC#j0Wvelepment LA IIPetitioner: L�., Address: UN 2," L Phone No: 7w - r Legal Description: J W ���-� �F-,J,Jc-- *4 LA Physical Location: G Land Use Plan: Present: t Proposed: -- Zoning District: Present: Proposed: Intended use and/or reasop for rezon�g: C- � A ; f r� i b11 6 (U Y-r-e l ♦_� YL t]r" t]C�t'1 elf A map is required to accompany this application! Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a PEP of $250.00 (payable to the City of Seward) to the Community Development Office. Signatures of 51 % of property owners involved in the rezoned area. SIGNATURE ADDRESS (leggy DATE r'J J t 19 ho-4 1 Lq 60 37/103 R•\7nN1Nr�RF7nNr ❑PP n1 MI 2 D � 01 JUN ` City of Seward Oarnrnunity Development LAND USE PLAN AMENDMENT - REZONING APPLICATION Petitioner: L44� Address: Phone No: Legal Description: f �`� Physical Location: Kk F Y Land Use Plan: Present: _ Proposed: — Zoning District: Present: I\ Proposed: intended use and/or reaso for rezoning: W i;`Ir' A map is rewired to accompany this application! Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating he f the City of Seward) to the Comific area) must munity submitted together, unty with a FEE of $250.00 [payable Development Off Ice. Signatures of 51 % of property owners invoived in the rezoned area. ADDRESS [legal} E]ATE P SIG TURF - Cl �2WI q 1 4iL[6- A 38/103 (� o N n z Q z M 3 cn v O r t7G m w r n O �. C 'ram—R"-"y�' -n ❑ 7r 3 ca. [D - 0Y rP o CL ❑ q v TT EDO CD O m 00 A O ,,,C LA cx © CL .N+ CL Cl CL CL n 3 m O m m m m ro CD u n � v L ro V n N Q O 0 D D o n co co W W rn W m a a ❑ a o o v = x x x x x W A A m A m 00 w r w �o r .n D V i!t Ur V N Vl Q G� N (ND M CD w LA N N n Q C2 fD 0�1 N 61 N 9�1 p lNR Cl Cl C3. Q_ CL tt O 0 A 7 � � �7C A w w 1p w 7z w (n co to w rn m rn ❑' rn rn w A A -P. co V n r (A r r r r p r- �, O r6 ❑ a C d W N w w Oa aNJ m a W W w w ou C i7 7 ❑ n v Q0 -'( Vt Q OPn x- n ❑ ro N aq F, V NJn CL A V W ❑ N 7J V 70 N 0 to vi �-e N Or m C1 1+ K Up cu A rD 4 @ W N -n Q ID n V Q 3 T W (D N V 00 o, A ❑- o W C1 O a ny o r-� a 39/103 PLANNING AND LAND USE REGULATIONS 15.01.035 (7) Boundaries indicated as intersecting the shoreline of Resurrection Bay are considered to continue in a cardinal direction to the center of the bay or an intersecting line, making the tidal and bay map designation the same as the adjoining upland designation. (Ord. 626, § 3, 1989; Ord. 649, § 1, 1991; Ord. 95-17; Ord. 96-01; Ord. 99-14, § 3, 1999) 15.01.035. Amendments. (a) Generally. Whenever the public necessity, convenience or general welfare requires,the city council may, under the procedure set forth in this section and by ordinance, amend or repeal these regulations or change zoning and land use district boundaries. (b) Initiation. (1) Changes in this title may be initiated by the following means: a. By the city council on its own motion; b. By the commission on its own motion; c. By petition of a majority of the property owners in the area to be amended; d. By petition bearing the signatures of 50 registered voters within the city; or e. By petition as provided by the home rule charter of the city. (2) A proposed amendment which is substantially the same as any other proposed amendment submitted within the previous nine months and which was not approved shall not be considered. (3) Except for an ordinance altering the boundaries of existing,contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the city shall be considered if the area encompassed by the proposed ordinance contains less than one acre, not including street or alley rights-of-way. (4) The amendment request shall include the name and address of the applicant, a map showing the area involved,the present and proposed land use designation,the reason for the proposed change, the appropriate application fee as set by city council resolution and other pertinent information requested by the city. (c) Amendment procedure. (w A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing pursuant to the provision of section 15.01.040. (2) The commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The commission shall,upon public hearing,forward its written recommendation to the city council.,along with all certified minutes and public records relating to the proposed amendment. Supplement No.01-1 15.5 40/103 15.01.035 PLANNING AND LAND USE REGULATIONS (4) The city council, in accordance with the provisions of the city code, may or may not adopt the amendment as a city ordinance. (5) A copy of all proposed and adopted amendments to the land use plan shall be submitted to the Kenai Peninsula Borough planning commission for information. (Ord. 626, § 3, 1989) 15.01.040. Public hearings. (a) Public hearings as required by this title shall comply with the notice requirements as contained herein. (1) Procedures. a. Notice of the public hearing shall be published at least twice in a newspaper of general circulation within the city. The notice shall be published during each of the two calendar weeks prior to the public hearing date. b. The notice shall contain at least the following information: a brief description of the proposal on which the public body is to act; a legal or common description of the property involved; date, time and place of the public hearing; person and place to contact for more detailed information. C. Decorum of the body holding the hearing shall prevail. (2) Neighboring property owners notification. A copy of the public hearing notice shall be mailed to the applicant and to real property owners of record on the Kenai Peninsula Borough assessor records within a 300-foot periphery of the parcel affected by the proposed action. This notice shall be mailed not less than ten days prior to the date of the hearing.When a public hearing is to be held regarding an amendment involving a change in text or major district boundary changes, no notification of neighboring property owners shall be required, but notices shall be mailed to affected property owners and displayed in at least three public places. (3) Public posting. The applicant shall post the property subject to the application with public notices as provided by the city at least ten days before the date of the required public hearing. Such notices shall be placed so as to be visible from each improved jitreet adjacent to the property. The applicant is responsible for removing the posted notices within five days after the hearing is completed.Failure to properly post notices is grounds for deferral or denial of the application. No one except the applicant, an agent of the applicant, or the city shall remove or tamper with any such required posted notice during the period it is required to be maintained under this paragraph. (4) Proof of posting. Before the public hearing, the applicant shall submit to the city an affidavit signed by the person who posted the notice or caused the posting to be done that the notice was posted as required by this section. (Ord. 626, § 3, 1989; Ord, 97-01) Supplement No.01-1 15-6 41/103 RECEIPT# 29003 CITY OF SEWARD 410 ADAMS STREET 6/28/2019 PO BOX 167 Received SEWARD Aft 99664 From phone: (907)224-4050 LoQkuv blame Payment Tune Check# Amou0t5 11122 COMMUNITY DEVELOPMENT Credit Card C,Ecklund;Re- Due 250.00 Tendered 250.00 Change Due C.Ecklund;Re-Zoning Fee Taxes Payable-Sales 16.35 Zoning Fees 233.65 42/103 r { � dry .�:,� ;�• � 1y- y. . ■�. 1' «'yt YiMk..y' - a 1' 1 4VI-1-11 jF ''I4jr�NPr • r•••�-S - •�•J 4 Ism � ._ 5w.• .. I " r � a ■ Rezone Application R1 to OR • ` ■ of seys ■ 5. , - •— •• • • • -• • •' '• • 4iAS�p ■ ■ • •• • .■ r • ■ r I ' Legend `` Rural Residential Single Family Residential r � Two Family Residential . Multi Family Residential k, ia Urban Residential Office Residential ,. ` Ta BAl Harbor Commercial Auto Commercial Central Business District Industrial Institutional " - K , Park Resource Management a NOV- T , '0 �V i g f S yr Jti ! Federal Addition: West 1/2 Block 7, � Rezone Application R1 to OR 14, a rid 17 except Lots -8 B�oc.l 17 - N °r�"'"gY' AB 11l1 sf19 Due to di event data sourc S proper y Ines an aena 0 100 200 400 Feet imagery do not overlay correctly. Map is to be used for # orientation and reference purposes only. Mapping Assistance by Alaska Map Company,LLc 44/103 From:John Williamson (mailto:jcwmson@gci.net] Sent: Friday, November 08, 2019 12:28 PM To: Brenda Ballou Subject: Planning&Zoning appeal on decision 2019-013 Ms. Ballou, Once again, I join with my neighbors on Second Avenue to oppose the appeal to overturn 2019-013. My wife and I have lived at 615 Second Avenue for 25 years, and like the current zoning of R-1 and R-2. We oppose changing the zoning to OR. Lack of parking space and congestion does nothing for our quality of fife as encroachment by business interests continue to lobby for the change.Surely,there is a workable compromise that could develop bunkhouses and office in other areas.Thank you for any consideration you may give our request. Regards, Craig and Mary Williamson, 615 Second Avenue, Seward, AK 99664 45/103 RECEIVED NOY 2 5 2919 Planning and Zoning: Per .............1.' Because I will be outside of Alaska on your December 3, 2019 hearing date regarding Resolution 2019-018, I wish to comment that I support the rezoning of the subject property to Office Residential. I reside at 704 Second Avenue, Seward, Alaska across the street from AVTEC and believe that the proposed rezoning is in line with, and compatible with, the institutional, auto commercial, and multi family uses sun-ounding the 2.5 blocks involved in this resolution. Sincerely, Dennis M. Swiderski 704 Second Avenue Seward,Alaska 99664 Planning and Zoning: Unfortunately, I will be out of Alaska on the December 3,2019 hearing date set for Resolution 2019-018. However, I would like to comment that I support the resolution recommending rezoning of the 2 plus blocks on Second Avenue identified in the Resolution. My husband and I own a home located at 704 Second Avenue, Seward, Alaska, and I have recently purchased a house located one block away at 810 Second Avenue, Seward, Alaska which has been operated as a bed and breakfast. I likewise plan to operate a bed and breakfast at this property; in addition, I hope to operate an art studio/art gallery at this location. An Office Residential designation would allow me to operate in this fashion and such a zoning classification would be compatible with the institutional,auto commercial,and multi family uses that surround the 2 plus blocks on which our properties are located. Sincerely, Susan C. Swiderski 810 Second Avenue Seward, Alaska 99664 46/103 Andy Bacon From: Nstar <nstar@gci.neta Sent: Thursday, November 21, 2019 9:16 PM To: Brenda Ballou;Andy Bacon Subject: Second ave rezone F This email originated from outside of the organization.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning and zoning, We strongly oppose the Rezone on second Avenue. We love our neighborhood zoned as it is. We purchased our home knowing what it was zoned. This will take away 13 single family homes. Seward needs these single family homes for housing. 'Phis is a lovely neighborhood. Let's preserve it as one. Let's make our residents/neighborhood be the priority and not the bucks we can make from I to 2 day visitors. Let's keep the downtown business in the downtown district. Please do not let this rezone proceed. Thank you, Mike & Mary Nelsen 614 Second Avenue Seward, Alaska CONFIDENTIALITY NOTE: This e-mail message contains information which may be privileged, confidential and/or protected from disclosure. The information is intended only for the use of the individual or entity named above. If you think that you have received this message in error, please e-mail the sender. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited by law. Sent from a mobile device S�p. am PhishJFraud Not spam Forget previous vote 41/103 Current zoning and uses of lotZ D Street;°- r along 700, Boo, goo Blocks of'',, hOme m Second and Third AveL. u R no .,se r`�c e U S° Graphic by vacant 0 � Carol Griswold uR 0 o vacant 7 U R vi R a ro L vacant -V v I hqm U R o home AC > vacant ° R1 UR home v p Triplex AC Two Lakes Park vacant ,a Ri UR C Street" illw Q) home mouS Stream Q _Rv e� ar•adro _ - -� )home AC cata�o9u - Ri w v V home T,.e rry`s V RI r* AC j C home Terry's _ RI Tire i AC F— phome. . . SEC 00 Ri rirst Lake 98c, ity Institutional Street lipme 11 hame > _ rn AC boe home Ri AC 0 __�— v home duplex R1 AC home* p Multi-fa i ly — apartment home/ AC © duplex duplex R2- AC r, A Street RECEIVED Comments from Carol Griswold via email: Sun 11/24/2019 3:00 PM NOV 2 5 2019 Per .. ...�: November 24, 2019 RE: Resolution 2019-018 Recommending City Council Approval Of The Rezoning Of The West Half of Federal Addition Blocks 7,14, and 17, except Lot 7A Block 17, From Single Family Residential (111) and Two Family Residential (132)To Office Residential (OR). On November 12, 2019, the City Council, serving as the Board of Adjustment(BOA), held an Appeal Hearing and voted to send P&Z Resolution 2019-013 back to P&Z for reconsideration. The Board ruled that the P&Z decision was arbitrary. Findings are essential written statements by the Commission documenting the standards, evidence, and reasoning used to arrive at a decision. Findings help the public and Council understand the process, whether denied, approved, or amended, and help prove that the decision was not arbitrary. htt s: www.commerce.alaska, ov web ortals 4 ub Plannin "/o20Com.mission%2OHandboo k%20Jan%202012. df I find that this rezone from R1/R2 to OR is not supported by the 2030 Comprehensive Plan, the Future Land Use Map, or the 1999 Strategic Plan. A moderate change to a slightly higher residential density to R2 is supported by these documents. The 2020 Future Land Use Map also supported R2 zoning in this neighborhood. The use on 12 of these 13 lots is single family homes, the other structure is a duplex. A rezone to OR will permit the potential loss of 13 properties for year-round housing for our residents. The proposed Office Residential (OR) district is a principally commercial zone intended to provide for medium density residential, commercial, and office development. Many of the 58 commercial uses allowed in OR are not compatible with this neighborhood. Regardless of what the applicants say they intend to do, these commercial, higher traffic uses will be allowed by code, including vacation rentals. Of particular note, I find that vacation rentals are at the core of this proposed zoning amendment. Property owners commented on their desire to operate lodging such as B&Bs and vacation rentals. Lodging is already allowed in 9 zoning districts,and vacation rentals have resulted in a shortage of year-round housing city-wide. To protect our residential neighborhoods, lodging, a commercial use, in R1 and R2 must be a home occupation. This allows home owners to participate in the nightly lodging business while still protecting stable, year-round residences and neighborhoods. OR would not protect stable, year-round housing. Another comment was a desire to operate an art gallery. This commercial use is already allowed outright in 5 zones: UR, OR, AC HC, and CB. Amending the zone to OR would eliminate 49/103 the potential for residential, year-round housing in structures currently used as residential homes. Seward is geographically compact, making our neighborhoods and quiet, low-density residential zones ever more important and valued by both homeowners and residents. Bit by bit, our residential neighborhoods are being eroded. If these blacks along Second are rezoned to OR, adjacent properties are easier to rezone, the valued residential properties vanish. I have previously spoken to the unique natural features along this section of Second Ave:the catalogued salmon stream that flows from First Lake to the Lagoon, the wildlife including bald eagles, dippers, and river otters, and the steep topography that has kept UR lots vacant. It is a very special area that promotes a high quality of life for residents who live in this and adjacent neighborhoods and others who enjoy passing through. Increased commercial use will only increase traffic and negatively impact the environment and the neighborhood. Attached below are numerous findings for the P&Z Commission from the 2020 and 2030 Comprehensive Plan,the 1999 Strategic Plan, Seward Zoning Code, and public comments that support the outright denial or amendment to R2. Use of these findings will demonstrate that your recommendation to deny this rezone from R1, R2 to OR, or amend to R2, is not arbitrary but based on standards, evidence, and reasoning. I am opposed to the rezone of these parcels from RI/R2 to OR, but would support a zoning amendment to rezone to R2, based on the following extensive findings. Thank you for your attention to this very important issue. Sincerely, Carol Griswold, Seward resident Notes: As I am submitting this prior to receiving the 2019-018 packet, I am assuming that Resolution 2019-013 is similar to Resolution 2019-018. The quoted documents are in italics with my bold for emphasis; my comments are not italicized. After experiencing the November 12, 2019 Board of Adjustment Appeal Hearing, I learned the importance of including as much evidence as possible, knowing that this will go to Council, and possibly the Superior Court. Page 11/113 August 6, 2019 P&Z. packet: Finding: Applicant stated that these properties are currently zoned between Institutional and Auto Commercial and that rezoning to OR is representational of current and planned neighborhood activities. SCC 15.05.025 (6) Office/residential district (OR). Intended to provide for medium density residential, commercial and office development designed to act as a transition acme between the high-density central business district and surrounding medium-high density residential 2 501103 districts. The choice of OR is not applicable: this proposed rezone is not located between high density Central Business District (CB) and medium-high density residential districts (R3, UR). Finding: Current uses of property on Second and Third Avenue in the 700, 800, and 900 blocks between A Street to D Street. The vast majority of uses along Second Avenue proposed rezone area is housing: East side of Second Avenue: 100% housing in R1, R2 and AC zone: Single family: 12; Duplex: 1;Triplex: 1; Employee Bunkhouse: 1 (not in rezone, rezoned from R2 to AC in 2006 against Community Development recommendation.) West side of Second Avenue across from proposed rezone area:(not in rezone) 50% in UR and Institutional zones: Institutional: 1; Vacant: 5 (steep, challenging topography); Single family: 1 West side of Third Avenue: on east side of proposed rezone area (not in rezone): 66% housing in AC zone: Single family: 5; Duplex: 2 (under construction); Multifamily apartment: 1 by CUP (under construction); Warehouse: 1; Office building: 1; Auto commercial (Terry's Tires): 2 Finding: property owners in the area chose housing over all the other commercial uses allowed in AC district to build a bunkhouse, a multifamily apartment and two duplexes Housing is a compatible use for adjacent R1 and R2 properties to the west. 2030 Comprehensive Plan Finding: 2030 Comprehensive Plan Volume 1 Resolution 2017-028: Whereas, the Comprehensive Plan is o document the Council uses to manage and facilitate the decisions mode in the growth of our community; and Whereas, during the last twelve years the community of Seward has experienced significant growth and change,- Whereas, over the last two years the Planning and Zoning Commission has held thirteen public work sessions and meetings working on the updates, The Seward City Council approved the 2030 Comprehensive Plan,to include the Future Land Use Plan Map on May 30, 2017. KPB Ordinance 2017-18 Whereas, throughout the update process, members of the public were notified and attended work sessions and meetings, providing comments and input through several sources including hard copy and digital surveys, using the city and comprehensive plan webpages, Facebook, local newspapers and media sources,. Whereas the City Council of Seward held public hearings on May 8,22, and 30, 2017, and reviewed the revised comprehensive plan and recommended approval of the plan, dated May 30, 2017 to the Kenai Peninsula Borough; The Kenai Peninsula Borough Assembly approved the plan on August 15,2017. The 2030 Comprehensive Plan, which includes the Seward Zoning Map and Future Land Use Map, is the result of extensive out-reach, discussion, and input to reach consensus on what the 3 511103 community envisions for our town. It should not be amended piecemeal, and not without a very thorough process as afforded through the Comprehensive Plan updates. Finding: 2030 Comprehensive Plan page 1-3 Title 29 of the Alaska State Statutes requires that zoning regulations be based on a current comprehensive plan. The updated 2030 Plan helps to evaluate the discrepancies between existing land use and what the plan has identified as preferred land use; thereby dictating what changes should be made to the existing zoning ordinance. The proposed rezone is not the preferred land use and is not supported by the current, 2030 Future Land Use Map. Finding: 2030 Comprehensive Plan page 1-3 Additional purposes for updating comprehensive plan are that it will: Preserve and enhance the town's best features. The plan is designed to ensure that Seward is a better place for people to live and work. Note the emphasis on "live and work." Testimony by property owners stated the desire to have nightiy lodging/vacation rentals. Amending the zoning to allow nightly lodgings/vacation rentals as an OR zone will permit the loss of housing for residents. Finding: 2030 Comprehensive Plan page 1-7 We value clean air, clean water and a healthy, natural environment for people and wildlife. We value natural open spaces and the scenic views of the surrounding undeveloped mountains. We value quiet in our residential neighborhoods. We practice environmental leadership and act as environmental stewards. • Consider how to best design construction that can be maintained over time without damaging the environment, balancing near-term interests with the protection of future generations. ■ Recognize the interdependence of environmental quality, economic growth and social justice. • Plan for the careful use of natural resources in order to prevent depletion, prevent pollution and to do no harm to the environment. • Protect our ecosystem and public health. Second Ave salmon stream and ecosystem is a valued part of our town's natural environment. Finding: 2030 Comprehensive Plan page 2.2.1 Small Town Feel and Atmosphere We value the "small town feel"and friendly atmosphere. People are friendly and you know your neighbors A high level of citizen commitment to the community A rezone to allow commercialization including nightly lodging/vacation rentals, which was stated by several property owners in the proposed rezone, will permit the loss of stable housing for long-term residents and permit the disintegration of neighborhoods. Finding: 2030 Comprehensive Plan page 2.2.10 Land Development 4 52/103 We value orderly growth and balanced development that is driven by community consensus in conformance with the land use plan. A piecemeal rezone through P&Z and Council is not orderly growth or driven by community consensus as through the extensive Comprehensive Plan process, nor is it supported by the current land use plan. Finding: 2030 Comprehensive Plan page 3.2 Land Use 3.2.1 Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values. 3.2.1.1 Manage land use to facilitate economic development while maintaining the historic, small town character of Seward. 3.2.1.2 Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations. As shown by the public participation and approval of the 2030 Comprehensive Plan and 2030 Future Land Use Map, our community values neighborhoods and the small town character of Seward. We also value affordable, diverse, year-round housing that could be lost if vacation rentals are allowed in this approved future R2 zone. Finding: 2030 Comprehensive Plan page 3.3 Housing 3.3.1 Encourage development of new housing in Seward. 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups. Develop a comprehensive housing plan to identify specific needs, to encourage residential development within the city, and to provide a reasonable range of housing options. Rezoning a neighborhood with 13 housing structures from RI/R2 to OR is not supported by the 2030 Comprehensive Plan or Future Land Use Map. Amending the Resolution to R2 in conformance with the Land Use Map would allow new housing with duplexes.. Finding: 2030 Comprehensive Plan page 3.9.1.1 Maintain Seward's small town,family-oriented character throughout the growth process. 3.9.2.3 Preserve the quiet of residential neighborhoods. Support the ordinance on quiet hours. Promote.soundproofing of generators, air quality control units and other sources of noise in commercial or institutional zones adjacent to residential zones. Applicant complained of noise from her institutional and commercial neighbors. Owners of adjacent commercial and institutional properties could be asked to comply with this recommendation to help mitigate their impacts and preserve the quiet of residential neighborhoods. 1999 Strategic Plan Finding: Page 2 Building on Seward's heritage and impressive natural setting, the community's vision for Seward includes an attractive, healthy, vibrant community, a strong, diverse economy 5 531103 with quality business, educational, and recreational opportunities;a process for orderly growth and an appreciation of local history, culture, and sense of community. Page 3 We have an attractive community in which to live, work,be educated, and recreate where growth is orderly and driven by community consensus. Page 4 We value and protect Seward s historic character, culture, and physical attributes all of which contribute to its strong sense of community. Page 4 and 15 We celebrate our natural environment by preserving views and open spaces; working in harmony with nature,protecting wildlife;and providing environmentally sensitive access to nearby waterways glaciers fjords mountains and marine life. Page 5 We are a community that promotes economic diversity, encourages growth of year- round businesses, desires environmentally responsible industry, and seeks jobs that promote a higher standard of living. Page 9 We have an attractive community in which to live, work, be educated and recreate; where growth is orderly and driven by community consensus. Growth and land use planning are coordinated through the collaboration of private and public entities. We promote and facilitate balanced development. Page 10 Maintain Comprehensive And Land Use Plans That Reflect And Achieve The Community's Vision Page 11 Work towards bringing the Zoning Map into conformance with the Land Use Plan Page 13 Maintain Seward's small town character throughout the growth process Page 18 Expand availability of affordable diverse year-round housing The Plan supports making zoning amendments through the Comprehensive Plan process; it supports neighborhoods for residential purposes, and R2 not OR. Seward Zoning Code Charter.2.30.225 Powers and Duties of Planning and Zoning Commission (b) The commission shall act in an advisory capacity to the city council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the city council. Chapter 3, City Council 3.1. - Composition;powers and duties generally; term of office. The council shall exercise all of the legislative and policy-making powers of the city and shall provide for the performance of all duties and obligations imposed upon the city by law. Charter:4.9. -Zoning. To provide for the health, safety and welfare of citizens within the city, the council shall provide for comprehensive building and zoning regulations Title 1: General Provisions 2,30.225 Powers and Duties of Planning and Zoning Commission (b) The commission shall act in an advisory capacity to the city council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the city council. Only Council can make decisions on amendments to the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, and Official Land Use Plan Map, not the Planning and Zoning Commission, P&Z serves in an advisory capacity regarding zoning code amendments. The P&Z's written recommendations, certified minutes, and public records should be forwarded to Council for their determination. 6 54/103 Finding: Title 15 Planning and Land Use Regulations 15.01.010-Authority, purpose; intent. (c) intent. It is the intent of this title to: (1)Provide for orderly development of the community; Orderly development should follow the vetted 2030 Comprehensive Plan. Finding: Title 15 Planning and Land Use Regulations 15.01.035 -Amendments.. (3) Except for on ordinance altering the boundaries of existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the City shall be considered if the area encompassed by the proposed ordinance contains less than one acre, not including street or alley rights-of way. Consider the area-wide impacts of this proposed rezone; contiguous zoning districts could also apply to become commercialized,further reducing stable, long-term housing for residents. Seward Code supports amending the code to bring this proposed property into conformance with the land use plan, ie change from R1/R2 to R2, not OR. P&Zcould amend Resolution 2019- 018 to recommend a rezone to R2 in conformance with the Land Use Plan to Council. Finding: 15.01.035 -Amendments. (a) Generally. Whenever the public necessity, convenience or general welfare requires, the City Council may, under the procedure set forth in this section and by ordinance, amend or repeal these regulations or change zoning and land use district boundaries. City Council makes the zoning amendment decision, not the P&Z Commission. Finding: Title 15 Planning and Land Use Regulations 15,01.035 -Amendments. 3) The commission shall, upon public hearing,forward its written recommendation to the City Council, along with all certified minutes and public records relating to the proposed amendment. (4) The City Council, in accordance with the provisions of the City code, may or may not adapt the amendment as a City ordinance. (5)A copy of all proposed and adopted amendments to the land use plan shall be submitted to the Kenai Peninsula Borough planning commission for information. This is what should have happened with Resolution 2019-013, whether the Resolution recommendation is failure, approval, or amended. This is what should happen with 2019-018. Finding: Title 15 Planning and Land Use Regulations Chapter 15.05. - Land Use Planning 15.05.010-Seward Comprehensive Plan. From time to time, upon recommendation of the City Council, the Kenai Peninsula Borough assembly shall by ordinance modify, adopt and implement the Seward Comprehensive Plan. The plan is a public declaration of policies reflecting community goals as expressed by citizens, and is meant to guide the actions of elected officials in setting forth the goals, objectives, and policies governing the future development within the City. 7 551103 15.05.020-Land use plan—Purpose. A part of the comprehensive plan is the development of a land use classification system on which to base zoning and to guide the land use regulation system. Such a classification system should provide a balanced, compatible land use mix, in order to separate incompatible uses and minimize conflict between land uses. Yes. Changing the zone to OR does not comply with these goals. Finding: Title 15 Planning and Land Use Regulations Chapter 15.05.025 - Land use districts—Established, definitions. (b) Definitions—Purpose. (2)Single-family residential district(R1). intended to provide for stable and quiet law to medium density(one to five dwelling units per acre) detached, single-family residential development,free from other uses except those which are both compatible and convenient to residents of such a district. (3) Two-family residential district(R2). Medium density(one to seven dwelling units per acre) transitional housing area with a mix of single and two-family units,free from other uses except those which are both compatible and convenient to residents of such a district. (4) Multi-family residential district (R3). Intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi family units close to concentrations of public services, employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi family residences from undesirable effects. (5) Office/residential district(OR).. Cntended to provide for medium density residential, commercial and office development designed to act as a transition zone between the high density central business district and surrounding medium-high density residential districts. (8)Auto commercial district(AC). intended to provide areas to accommodate highway-oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. (9) Central business district(CB). Provides for an area of convenient, attractive, concentrated commercial development primarily intended far retail,financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone ore designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade By definition, OR is a transition Tone between CB and R2/R3.This does not apply to the proposed primarily R1 district which is primarily between Institutional (1)and AC. Finding: Chapter 15.10 Seward Zoning Code 15.10.115 Purpose This chapter is adopted in order to: 1. Protect the public health, safety and general welfare of the community's residents; 4. Provide safe, aesthetic surroundings and living conditions; 8 56/103 5. Prevent undue traffic congestion; 6. Conserve and stabilize the value of property; 7. Prevent undue concentrations of population; 8. Provide for orderly and stable public, residential, commercial and industrial development; 10. Determine the most appropriate use of land in accordance with the comprehensive plan; 11. Implement the comprehensive plan for the City; Nate that protecting the general welfare of visitors is not mentioned. Finding: Chapter 15.10 Seward Zoning Code 15.10.40 Definitions (30) Dwelling. A building designed or used exclusively as living quarters for one or more families. a. Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building. c. Apartment, efficiency(also called accessory apartment. A single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single-family dwelling. 1, single-family, detached. A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the some lot. m. Two-family or duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. (41) Nome occu otion. Any use customarily conducted entirely within a dwelling, or its accessory building, and carried on by the occupants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no exterior sign, no display or stock in trade, no outside storage of materials or equipment, no commodity sold upon the premises and not more than two persons are engaged in such occupation. (48) Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping accommodations for a period of less than 30 consecutive days. The use includes the providing of meals to overnight guests only. This use includes bed and breakfast, but does not include motel, hotel or hostel. a. Bed and breakfast. An owner occupied and operated single-family residential dwelling where lodging with a meal is provided for compensation on a short-tern?basis. The term does not include boardinghouses and separate apartments which are leased on a month-to-month or longer basis. Finding: 15.10.215 Parking (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. 9 57/103 (1) Lighting of all parking areas shall be arranged to reflect away from adjacent residential areas and all public streets and highways; Complaints about lighting should be addressed. Finding: 15.1.0.220 Development requirements (a) Table 15.10.222, development requirements, is incorporated herein by reference and the restrictions and annotations contained therein are mandatory unless otherwise modified by this chapter. (See table at the end of this section;see also section 15.10.210.) Maximum lot coverage R1 35% R2 35% OR 50% Rezoning to OR will significantly increase maximum lot coverage, potentially resulting in a loss of landscaping. Finding: 15.10.226 Land uses allowed (b) (4) Within single and two family residential districts, lodging is limited to a home occupation within an owner-occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (5) In all other residential districts, lodging within single-family residences and duplexes is limited to a home occupation within the business owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (6) Within commercial districts, lodging is limited to the rental of Trot more than five guest bedrooms regardless of building or business ownership. Lodging 15 allowed in R1 and R2, as a home occupation. This allows home owners to participate in the nightly lodging business while still protecting stable, year-round residences and neighborhoods. OR would not protect year-round housing. Finding: Table 15,1.0.226 Land Uses Allowed R1:single-family, law density residential R2: single and two family, medium density residential OR: office/residential R1, 22 uses; unique uses allowed: Cluster subdivision; dwelling (guest house); Planned unit development; R2, 23 uses, unique uses allowed: Cluster subdivision; Dwelling, (two fancily or duplex); Lodging, multifamily dwelling apartment; Planned unit development; OR, 58 uses:Accessory building; Antenna, personal TV, satellite dish;Agency(travel, insurance, title, real estate, etc);Art gallery, Business (retail sales and service);Center(senior or teen); Child care (licensed center); Childcare, licensed home; Church; Medical Clinic, Clubs (fraternal/lodges/social/veterans); Drive-in facility(fast food, banking, etc.); Dwelling 10 58/103 (apartment in a commercial building limited to one unit); Dwelling, apartment in a commercial building (two or more units); Dwelling (apartment, efficiency or accessory); Dwelling (apartment, studio); Dwelling (attached single-family ie townhouse, row); Dwelling (condominium); Dwelling, detached single-family; Dwelling group home; Dwelling (muiti family, 3 or more units); Dwelling (two-family or duplex); Emergency services, pub/vol i.e.fire, ambulance, rescue); Financial institution (bank); Grocery, Convenience store; Health club; House rental on a nightly basis; Housing (dormitory); library, Livestock, chickens and rabbits; Lodging, B&B, rooms, duplex and accessory apartment(not home occupation];Lodging, hostel, Lodging, multifamily dwelling apartment, Mobile vendor; Mortuary/funeral home; Museum; Office, boot charter, guide; Office, business or professional; Office, government/quasi- government administration; Office, mobile/temporary on construction site; Office, home, professional; Parking lot; Personal services, ie beauty, shoe, tailor; Playground, public tat lot; Recycling, self-service drop-off point, Restaurant,food service, catering, brew pub; Rooming or boarding house; Roving vendor;School, public/privote elementary/secondary;School, vocational, Shop, i.e. wood, signs, cabinet, upholstery;Storage container, Studio, rodio/television; Taxidermy; Temporary structure; Utility facility,public electric, water, sewer, etc.; Wind Energy Conversion Systems R1, R2, and OR:Accessory building,Antenna, personal TV, satellite dish; Childcare, licensed home; Church; Dwelling (apartment, efficiency or accessory); Dwelling, detached single-family, Dwelling, group home; Emergency services, pub/vol; i.e.fire, ambulance, rescue; Home occupation; Livestock, chickens and rabbits; Lodging, B&B, rooms, duplex and accessory apartment[home occupation for R1, R2, outright for OR], Mobile vendor; Office, mobile/temporary on construction site; Planned unit development; Playground, public tot lot; Roving vendor,School, public/private elementary/secondary; Temporary structure; Utility facility, public electric, water, sewer, etc.; Wind Energy Conversion Systems There are 5 principally residential zones (RR, R1, R2, R3, UR) and 5 principally commercial zones (OR, AC, HC, CB, Industrial). Lodging including B&Bs, rooms, duplex and accessory apartment is allowed in 9 zones: RR, R1, R2, R3, UR, OR, AC, HC, and CB. Our code has been amended to allow more commercial business, such as lodging in the principally residential zones. To protect the residential neighborhoods, this commercial use must be a home occupation. Art Gallery is allowed outright in 5 zones: LIR, OR, AC HC, and CB. Finding: 15.10.240- Home occupations. A. Intent. It is the intent of this chapter to permit home occupations which are compatible with other permitted uses and with the residential character of a neighborhood, and which are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is on accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence. So long as all the development requirements of this section are met, home occupations are permitted accessory uses as identified in the land uses allowed table 15.10.225. B. Development requirements. 11 59/103 1.Not more than two persons shall be employed in the home occupation. 2. No more than 30 percent of the gross floor area of all buildings on the lot shall be used for the home occupation. 3. The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used far a home occupation shall be wholly enclosed. Findings from the verbatim transcript of the August 6, 2019 P&r meeting as provided to the Board of Adjustment Record of Appeal, produced November 7,2019 by the City Clerk: Page 14: Resolution 2019-013: "Whereas, the proposed area to be amended includes thirteen (13)parcels that are developed with residential structures; and Whereas, the current zoning of the parcels are Single Family Residential(R1) and Two- family Residential (R2), and the future Land Use Plan map designation recommends the parcels be rezoned to Two-family(R2); and Whereas, the Office Residential(OR) district is intended to provide for medium density residential, commercial and office development designed to act as a transition zone between the high density central business district and surround medium-high density residential districts,"' Finding: OR is NOT a suitable district because the proposed rezone area is not between the high density CB ❑r medium-high density R3. As an area primarily used for housing,the next step towards higher density would be R2, in compliance with the Land Use Plan. Page 22: Map of Rezone Application R1 to OR showing structures and amendment boundary: note the primary use from U to Washington along Second and Third is primarily residential, including CUPS in the AC zone to allow residential housing. Page 29 Applicant Cindy Ecklund: "The parcels requesting rezoning ore not surrounded by other R1 or R2 parcels expect for across A St to the south. This is not in compliance with how R1 and R2 are defined in the code, these parcels ore not 'free from other uses except those which are both compatible and convenient to residents of such a district." i find the applicant is in error in her interpretation. The referenced parcels are all occupied by housing structures that are compatible with R1 and R2 uses. The vast majority of the USES of parcels to the north, south, east, and west are also housing structures. Page 29 Applicant Cindy Ecklund: "There is on abundance of traffic and parking along Second Ave. adjacent to the vocational institution. There is als❑ an increase in noise pollution during their parking lot and sidewalk maintenance, especially during the winter months. Traffic is abundant through the alleys due to the AC zoning along Third Ave with the current presence of a bunkhouse and auto service industry." I find these statements confusing. There's a lot of traffic but a lot of parking next to AVTEC? if this is a complaint, wouldn't changing the zone from residential to commercial more likely 12 60/103 result in an increase in traffic and reduction in parking? Does the applicant have statistics proving the "abundant" use of the alleys due to the bunkhouse and Terry's Tires? Page 29 Applicant Cindy Ecklund: "Additionally the new multiplex going in on the 700 block of Third Ave. has designated the ingress and egress through the alley. UR zoning to the west allows for higher density and office use." The applicant served as Chair when P&Z approved the new multiplex (and two duplexes) by CUP in the AC district, and approved the use of the alley for ingress and egress. She has no grounds to object now. P&Z should consider this impact for future CUPS and reserve the alleys for their intended use for service and utility access. The lots with UR zoning to the west are located on very challenging, steep terrain, which likely explains the lack of development. The use is "vacant." only farther north, where the terrain permits, is the UR zone developed, all with housing. Page 29 Applicant Cindy Ecklund: "There is no other section of Second Ave. that is surrounded by such an array of other zoning. if I were to sell my property it would be a misnomer to say it was in a R1 or R2 zone." i find the uses surrounding her property are primarily residential and institutional, and the R1 or R2 zone is appropriate. Her property is very much residential in nature. Bringing this area into compliance with the Future Zoning Map would reduce the number of scattered zones. Page 33, letter from Julie Shank (owner of house in UR district, not in proposed rezone): "My understanding is that this would allow B&Bs, art studios, and other low impact businesses to operate. I would like to request that my property be added to the resolution." B&Bs and home occupation businesses are already allowed in R1, R2. Her property, zoned UR, allows B&Bs, art studios, and other low impact businesses, and a lot of other uses. But like hers, all remain residential. It is odd she would request to be added and rezoned from UR to OR. Many of the other letters and comments in support of this rezone were confused, based on misinformation, or did not even specify a reason to support the rezone. Page 35: Callie Bacon excerpt: "I oppose this rezone for two reasons. First, this rezone is not aligned with Seward"s future land use map. Second, this rezone will further strain our already tight year-round housing stock by allowing vacation rentals where they are currently not allowed. This rezone is not in aligned with the City of Seward's comprehensive plan. in the future land use map this area is to be zoned R2. I attended P&Z work sessions in 2017 as the City updated its comprehensive plan. In these meetings we reviewed the future land use map- this map is the result of thoughtful discussion and deliberation by our community about what our neighborhoods and City should look like in the future. Although there were not many changes made to the map in 2017, there was consensus among participants that this map reflected the will of our community. It is inappropriate to make zoning changes that are not supported by this map and it would set a bad precedence for this commission. What is the purpose of a future land use map if not to inform decisions like these? 13 61/103 While some argue that they want to change the zoning to better align our zoning map with "actual"land use; This argument does not hold water. Blocks 17, 14. And 7 are a primarily residential neighborhood-there are no "offices"within the area to be rezoned and all but one of the properties that are in the proposed rezone area would comply with R2 zoning recommended in the future land use map. I would support rezoning this area to R2. We must acknowledge that what the Office Residential zoning allows that the R1/R2 zonings do not is nightly vacation rentals. Those in favor of this rezone may toe around that issue, but the fact is that nightly vacation rentals have been at the heart of every recent rezone attempt on Second Avenue. if you allow this rezone because "it is the will of the property owners"or because "being near AVTEC, the neighborhood isn't all that residential anyway",other property owners will take note. We will see more pressure on this commission to rezone other R'1/R2 areas to more permissive zonings-zonings that allow nightly vacation rentals. Where nightly rentals are allowed downtown, they are growing in number year after year. As a Realtor, I hear from a lot of buyers looking to invest in vacation rentals in downtown Seward. Based on my knowledge of Seward's real estate market, 1 am confident that if these areas are rezoned to allow nightly vacation rentals, we will see new nightly vacation rentals appear within this area. in my position, I also hear from a lot of local home buyers who want to live downtown. These community members love downtown living for the same reasons tourists do- the proximity to parks and restaurants, the walkability and small-town feel. There is only so much real estate downtown-and downtown Seward isn't getting any bigger!it comes down to what type of City we wont Seward to be moving forward-I want to see our community foster a thriving tourism economy while still maintaining a high quality of life for our residents. )am concerned that opening additional areas of downtown up to nightly vacation rentals will further stress our already tight year-round housing stock and will hurt the quality of life in our community. Please vote in opposition of this resolution. Thank you, Collie Bacon" Page 42 Brad Chastain excerpt: "Any change in zoning moves us one step closer to more commercial activity. It's just gonna put more pressure on the Second Avenue neighborhood. When I think of a neighborhood, and I know a lot about Seward history, but the way this town is laid out, to me, Second Avenue is an east/west side neighborhood. It's not,there's no buffer on one side of the road to a buffer to another zoning on the other side of the road...! just don't want to see any more encroachment to the residential neighborhood because I think we've got to try to preserve that...I would say if the impetus of rezoning is... to increase their property values, then you're gonna have a long line of folks, like myself, who want to get my lot zoned to commercial or something more flexible to increase the property value. And,we'll have a commercial town at the end of the day, which probably won't fit with the goals of the community and the overall master plan..." Thank you for reading this! Carol 14 62/103 RECEIVED NOV 2 5 2010 Jen Leahy Per .... .. -1 304 Second Ave Seward, AK 99664 November 24, 2019 Re: Resolution 2019-018 Dear Planning and Zoning Commissioners: Thank you for volunteering your time to serve our community, and for considering the following comments on Resolution 2019-018. 1 urge you to oopnose the rezone of Blocks 17, 14, and 7 from R1/R2 to Office Residential. My primary concern is that the proposed rezone does not align with Seward's 2030 Comprehensive Plan and Land Use Plan, which recommends that this area remains primarily residential. Simply put, Office Residential zoning—intended for medium-density residential, commercial, and office development---is not supported in this low-density residential neighborhood. Seward's 2030 Comprehensive Plan is the product of a thoughtful public process. Many local residents participated and helped shape a shared vision for our community. It is my hope and expectation that the Planning and Zoning Commision will use the Comprehensive Plan as a compass to guide all future land use decisions. The related Land Use Plan recommends R2 for the area proposed for rezoning. I would support this. I would also like to share the impact that this proposed rezone would have on me personally. For more than three years, I have rented a single family home at the intersection of Second Avenue and Adams Street, just a few blocks from the area being considered for rezoning. I often tell people that I live on the best block in town, with charming homes and wonderful neighbors who look out for each other. In fact, it's not uncommon to look outside and see visitors taking photos of our historic residential neighborhood. My block of Second Avenue is appropriately zoned single family residential. I've been told by the homeowner on several occasions that he hopes to turn my long-term rental into a nightly vacation rental. If my block was rezoned to allow for nightly vacation rentals—as Office Residential zoning allows—I would be forced to move and find a new place to live. It is highly unlikely that I would be able to find a comparable rental home. The growing proportion of nightly vacation rentals has severely strained Seward's year-round housing stock, making the process of finding a home competitive and stressful for local residents. 63/103 I have literally lost sleep thinking about the prospect of being forced to move from my home due to a rezone. If the Planning and Zoning Commision approves the rezone of Blocks 17, 14, and 7 from R1/R2 to Office Residential, expect to see more pressure to rezone other single family residential areas to allow for nightly vacation rentals. I urge you to preserve the character of Seward's vibrant residential neighborhoods by voting to oppose Resolution 2019-018. Thank you for your time and consideration. Best, Jen Leahy 64/103 RECEIVED NOV 2 6 2019 Cailie Bacon Per -��-••••� 321 Sixth Ave. Seward, AK 99664 November 251", 2019 Dear Commissioners, Thank you for taking the time to re-read my letter originally submitted to you on August 6t" when P&Z Resolution 2019-18 was previously considered as P&Z Resolution 2019-13. 1 am re-submitting these comments to affirm my opposition to this rezone and to ask you to vote to oppose P&Z Resolution 2019-18. Thank you, Callie Bacon 65/103 Callie Bacon 321 Sixth Ave. Seward, AK 99664 August 6th, 2019 ❑ear Commissioners, Thank you for taking the time to consider my comments regarding Resolution 2019-13 brought before you at tonight's meeting. I attended the meeting in July 2016 when you previously considered re-zoning a portion of Block 17 to Auto Commercial. Many neighbors and fellow community members attended that meeting and spoke in opposition to the rezone. Ultimately, your commission voted to oppose that action. I am disappointed to see a very similar rezone of these areas on your agenda again. It is frustrating that community members must show up to oppose an action that they have already spoken out against. It is summer and people are busy. I cannot attend tonight's meeting so I wanted to share my input here. I urge you to oppose the rezone of Blocks 17, 14 and 7 from R1/R2 to Office Residential. I oppose this rezone for two reasons. First, this rezone is not aligned with Seward's future land use map. Second, this rezone will further strain our already tight year-round housing stock by allowing vacation rentals where they are currently not allowed. This rezone is not aligned with the City of Seward's comprehensive plan. In the future land use map this area is to be zoned R2. I attended P&Z work sessions in 2017 as the City updated its comprehensive plan. In these meetings we reviewed the future land use map—this map is the result of thoughtful discussion and deliberation by our community about what our neighborhoods and City should look like in the future. Although there were not many changes made to the map in 2017, there was consensus among participants that this map reflected the will of our community. It is inappropriate to make zoning changes that are not supported by this map and it would set a bad precedence for this commission. What is the purpose of a future land use map, if not to inform decisions like these? While some may argue that they want to change the zoning to better align our zoning 66/103 map with "actual" land use—This argument does not hold water. Blocks 17, 14, and 7 are a primarily residential neighborhood —there are no "offices"within the area to be rezoned and all but one of the properties that are in the proposed rezone area would comply with the R2 zoning recommended in the future land use map. 1 would support rezoning this area to R2. We must acknowledge that what the Office Residential zoning allows that the R1/R2 zonings do not is nightly vacation rentals. Those in favor of this rezone may toe around that issue, but the fact is that nightly vacation rentals have been at the heart of every recent rezone attempt on Second Avenue. If you allow this rezone because "it is the will of the property owners" or because "being near AVTEC,the neighborhood isn't all that residential anyway",other property owners will take note. We will see more pressure on this commission to rezone other R1/R2 areas to more permissive zonings- zonings that allow nightly vacation rentals. Where nightly rentals are allowed downtown, they are growing in number year after year. As a Realtor, I hear from a lot of buyers looking to invest in vacation rentals in downtown Seward. Based on my knowledge of Seward's real estate market, I am confident that if these areas are rezoned to allow nightly vacation rentals, we will see new nightly vacation rentals appear within this area. In my position, I also hear from a lot of local home buyers who want to live downtown. These community members love downtown living for the same reasons tourists do —the proximity to parks and restaurants, the walkability and the small-town feel.There is only so much real estate downtown—and downtown Seward isn't getting any bigger! It comes down to what type of City we want Seward to be moving forward —I want to see our community foster a thriving tourism economy while still maintaining a high quality of life for our residents. I am concerned that opening additional areas of downtown up to nightly vacation rentals will further stress our already tight year-round housing stock and will hurt the quality of life in our community. Please vote in opposition of this resolution. Thank you, Callie Bacon 67/103 Sponsored by: Staff CITY OF SEWARD PLANNING AND ZONING COMMISSION RESOLUTION 2019-019 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, OFFICIALLY PROCLAIM THE NAME "BENNY BENSON PARK" TO THE CITY PARK LOCATED AT 1121 THIRD AVENUE; THE AREA WEST OF THIRD AVENUE, BOUNDED BY DAIRY HILL LANE AND CHAMBERLIN ROAD, COMPRISING THE SEWARD LAGOON, ROTARY PAVILION, AND BENNY BENSON MEMORIAL, COMMONLY KNOWN AS BENNY BENSON — LAGOON PARK WHEREAS, Benny Benson is a prominent and celebrated person, contributing to the history of Seward, and the State of Alaska, by designing the Alaska state flag; and WHEREAS, Benny Benson famously created the state flag design in 1926, at the age of thirteen, while attending the Territorial School at Seward, and residing in the Jesse Lee Home; and WHEREAS, a memorial was installed near the comer of Dairy Hill Drive and Third Avenue in 1976 honoring the State flag and Benson; and WHEREAS, the Dale B. Clemens memorial boardwalk was installed adjacent to the lagoon in 1987, providing a pedestrian access through the park along Third Avenue; and WHEREAS, the Seward Rotary Club sponsored the construction of a picnic pavilion on the south end of the park in 1995; and WHEREAS, the Seward Lagoon provides habitat for four species of Pacific Salmon, Trumpeter Swans, Bald Eagles, various ducks, river otters and more;and WHEREAS, the Seward Lagoon provides numerous recreational opportunities including bird watching and a youth-only salmon fishery; and WHEREAS, the legal boundaries of the park were officially designated in 2015 by the Benny Benson Park Replat; 68/103 Seward Planning and Zoning Commission Resolution 2019-019 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends that the area of the City owned park located at 1121 Third Avenue, comprising approximately 11.1 acres, be officially named`Benny Benson Park" Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this P day of December 2019. THE CITY OF SEW ARD, ALASKA Cindy L. Ecklund, Clair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 69/103 P&Z Agenda Statement Meeting Date: December 3, 2019 Through: Tyler Florence, Parks and Recreation Director 7r— Jackie C. Wilde,Community Development Director From: Andy Bacon, Planning Assistant Agenda Item: Officially proclaim the name"Benny Benson Park" to the City Park located at 1121 Third Avenue BACKGROUND &JUSTIFICATION: Much has been written about the celebrated story of a thirteen year old student named Benny Benson and his design of the Alaska State flag in 1926.The symbolism of the flag design, in Benson's o\vn words, became lyrics to our state song. His achievements have been great contributions to our C i ty and State history. Benny Benson, and the state flag were recognized with a prominent memorial, Installed near the intersection of Dairy l lill Lane and Third .Avenue in 1976, marking the first improvement to the subject lurk.A boardwalk along Third 1v enue was built in 1987,and dedicated to Dale B.Clemens. In 1995 the Seward Rotary Club sponsored the construction of a pavilion located on the south end of the lagoon,providing a covered day use picnic shelter. The Seward Lagoon was originally an intertidal mud flat along the west shoreline of Resurrection Bay. Infil I cieN clopmciit along Third and Fourth Avenue has formed the lagoon NN c kno\N t«da�, its brackish w�atcrs still influenced In Resurrection Bay's tidal forces. The l.a-oon is important habitat to four species of Pacific Salmon. Trumpeter Swans, Bald Eagles, various crocks and Ri\er Otters. The Lagoon also provides recreational opportunities including birdwatchin,.. a youth-only salmon fishery. The subject park was comprised of various properties in the Occanview,Laubner,and Cliff Addition subdivisions,as well as lands donated by the Leirer family.These lots were platted into one parcel in the 2015 Benny Benson Park Replat. Although there is not a formal process in place for naming a park,street names are officially changed by Council resolution. Pat Williams Park, Hoben Park and K.awabe Park were formally named by Council resolution as recommended by the Historic Preservation Commission and/or the Planning and Zoning Commission.Other park units within the c i t\. such as Two Lakes Park and Forest Acres Park have been recognized in their official naming by the adoption of the 1995 Municipal Lands Management flan (95-039), and its subsequent `014 revision. 70/103 PIanning and Zoning Agenda Statement Resolution 2019-019 CONSISTENCY CHECKLIST: Yes No N/A Seward Comprehensive Plan(2030):3.6.1.2(Bullet 3)Ensure that Municipal 1. land acquired for or converted to long-term or permanent park or recreational. X uses are officially dedicated as park land. (Page 17) 2. Strategic Plan(1999) : X RECOMMENDATION: Commission approve Resolution 2019-019, recommending City Council approval of officially proclaiming the name"Benny Benson Park"to the City Park located at 1121 Third Avenue;the area west of Third Avenue,bounded by Dairy Hill Lane and Chamberlin Road, comprising the Seward Lagoon,Rotary Pavilion, and Benny Benson Memorial,commonly known as Benny Benson—Lagoon Park. 71/103 �i ❑ no `.� N v v� N. A w w� - �a (4-i-IN ntVxa2$3n^ y a � a � p_n a� � et��=q$ Q� �mQ�. �o�Q��q��.°�74.'��n°G d �� � �� � •`� xg°,X��-� rd o`a nn Vl �.n�Q�m °¢ �O. OG°�. 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P Z xo� � ugn �CyU7� A m q °gg8yn A F7i G�j x vo�Zxr�i n99�.An' as^as n#°Z'aa oZ n Sao o m oC7 nnppa $b ° z� nR ❑p+I �' +yJE ❑ � p � k'e' e: �x 2 U1 Ti o �V} Nc��m• �oa�i-�n � m � '? owpQ n���p��._�s..,Q A° W�Nz3 wa�#•7:��i2 D �]� III ��. r*I ..y{ 21ti 4 l 'h i �� �� �A H� ��{�N1 v w 3 a� °�a� �'' � � "'��� � ❑ rr1 �a@r i'1 q x �, S " 4 °x P�' Z y�'��f•,�'- 4 ,.RI W RlE N b nNt 72/103 J,5 N3&A9 NVA 60 6 8z 0 T I- 00,001 a go 91 Qt �Lgp ZE V,01 CIL. fJD r'rl )tP: ;PH o 1D i r(/) po Id 'b.agg,ls,3, 3, F—C i0 r )P*qS OL17/42?Dn� 0 N, 73/103 i d Q � r I .SSLS ' f � I f t r Z 4 11 I , N 586;Jd#'15!!-' 1 �('] c`a� (ss.�vsi:„d• I 82J-%' y m C9511 2.501ne 00 SC I� ' 7.� +rr.++wan3 n'1 i ss oz-4— — ,8[Svl,.. — 'm r *�a ` •�"� 1`s.J'• a .CO�SB+ M,.1U,.►S.68N I 1 y _— $8�� I � n r W a e❑ � � r 1 I � 1 � r � f C2 a La 9C.91 ur a ti cam.',a —_ !a TY Zc � � I �o+:•� 4�� G ti rn I f Wool 5s I t• �' �1d a z r rt7 j r N VI � � L O a + 74/103 Sponsorcd by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-20 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A SIX MONTH EXTENSION TO CONDITIONAL USE PERMIT NO. 2019-07, ISSUED TO BRAD SNOWDEN FOR THE. OPERATION OF A MIXED USE FOUR UNIT MULTI- FAMILY DWELLING AT 430 FOURTH AVENUE LOCATED IN THE OFFICE RESIDENTIAL (OR) ZONING DISTRICT WHEREAS, or \,I,ly 7, 2019 the Planning and. Zoning Commission approved. Resolution 2019-08 ��r ill[i il,� a Conditional Use Permit (CUP) to Brad Snowden for the operation of a mixed use lour unit multi-family dwelling located at 430 Fourth Avenue; and WHEREAS, the Seward Zoning Code (SCC) §15.10.320.G(1) stipulates an approved CUP lalises i\ (6) months after approval if no building permit is procured or if the allowed use is not initiated; and WHEREAS, (SCC) §15.10.320.(r(2) states the Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant a reconsideration of the approval of the CUP; and WHEREAS, Brad Snowden has submitted written request for a six month extension to CUP 2019-07 stating there have been no changes to the original plan. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. Circumstances have not changed sufficiently to warrant reconsideration of the Conditional Use Permit issued to Brad Snowden on May 18, 2019 to operate a mixed use four unit multi-family dwelling. Section 2. Conditional Use Permit number 2019-07, issued to Brad Snowden on May 18, 2019 is hereby extended until May 18, 2020. Section 3. This resolution shall take effect immediately upon its adoption. 75/103 Seward Planning and Zoning Commission Resolution 2019-20 Page 2 of 2 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3 d day of December,2019. THE CITY OF SEWARD Cindy L. Ecklund, Chair AYES;. NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ba]Iou, MMC City Clerk (City Seal) 76/103 P&Z Agenda Statement Meeting Date: December 3, 2019 Through: Jackie C.Wilde,Community Development Director From: Andy Bacon, Planning Assistant Agenda Item: Request by Brad Snowden for a Six Month Extension of Conditional Use Permit 2019-07 BACKGROUND&JUSTIFICATION: On May 7, 2019 the Planning and Zoning Commission approved Resolution 2019-08, issuing a Conditional Use Permit to Brad Snowden to operate a mixed use four unit multi-family dwelling located at 430 Fourth Avenue.Brad Snowden submitted a request for a time extension to Conditional Use Permit 2019-07 on November 5, 2019, stating there have been no changes to the project. Seward City Code §15.10.320.G(1) stipulates an approved Conditional Use Permit lapses six (6) months after approval if no building permit is procured or if the allowed use is not initiated Seward City Code§15.10.320.G(2)states the Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed slifiicientlti to warrant a reconsideration of the approval of the CUP. Brad Snowden has stated in the \r ri t len extension request that no changes have occurred or are planned. CONSISTENCY CHECKLIST: Yes No N/A 1. Senvard Comprchensive Ulan (2030): X 2. Strategic Plan (1999) : X RECOMMENDATION: Staff recommends approval of Resolution 2019-020,granting Brad Snowden a six month extension to Conditional Use Permit 2019-07. 77/103 City of Seward---Planning and Zoning Commission 11/5/19 Thru Jackie Wilde--Planner Community Development P.O. Box 167 Seward, Ak 99664 RECEIVED NOV 0 5 2019 Per., ...: Dear Planning& Zoning Commission Please accept this letter as my formal request for a 6 month extension to complete the requested conditions regarding my permit No. 2019-97. There has been no circumstances that have changed sufficiently since the original approval with the effective date of May 18, 2019. T k Brad Snowden Po Box 670 Seward, Ak 99664 78/103 I cwy r f W Y A W � � nP MADI I t` q x I M^ ,Y ai W Q I �I I V • w d ( � I.5 � II t a T: ri. �k y fIII .I 'v t f Res 2019-008: CUP for mixed use 430 Fourth Avenue 4- le I rt � ZoneINDrawn By: AB 312912019 Due to dITferent Bata sources property lines and aerial 0 50 100 200 Feet imagery do not overlay correctly. Map is to be used for # orientation and reference purposes only. Mapping Assistance by Alaska Map Company,LLC 79/103 2019 - 000674 - 0 S Recording District 314 Seward A o7/osizC19 11:38 AM Page 1 of 2 CCC . II141IIffllfll�fllll�Ilfllfflll�I111�Illl�llll��llllllllfllflf�lllIIllllilllllll SEWARD PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT NO.2019-07 ISSUED TO: Brad Snowden PO Box 670 Seward,AK 99664 EFFECTIVE DATE: May 18,2019 LOCATION/USE: Operation a mixed use four unit multi-family dwelling at 430 Fourth Avenue, Lot 35 and Lot 36, Block 23, Origiaal Townsite This Conditional Use Permit is granted by the Seward Planning and Zoning Commission to Brad Snowden to operate under the following conditions: l. The applicant shall complete an interior lot line vacation prior to the issuance of any business licensing relating to the mixed use of the property. 2. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications prior to the issuance of any business licensing relating to the.mixed use of the property. 3. The applicant shall work with all City Utility Departments for any possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 4. All parking and maneuverability shall remain on site for the life of the use. Eight(8)parking spaces are required,per Seward City Code§15.10.215(b). 5. A lighted walkway shall be provided for residents to access rear parking from the front entrance of the building 6. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use.The trash receptacle shall be screened from view with fencing, as described on submitted site plan. 7. Construction waste and debris shall be removed weekly and upon completion of construction. 8. Per Seward City Code§I5,10.325T. 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. 80/103 Conditional Use Permit 2019-07 Page 2 9. Modification of final approval of a conditional use permit may, upon application by the permitee, 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. 10, The applicant shall obtain a professional architectural code study to address the change in use of the building, with compliance. Section 2. 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 1, Subsection F. are met by the applicant, and authorizes the administration to issue a conditional use permit for a four unit multi-family dwelling to Brad Snowden at 430 Fourth Avenue, Lots 35 and 36, Block 23, Original Townsite subject to the above conditions. Section 3. 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, and authorizes the administration to issue a conditional use permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. PASSED AND APPROVED by the Seward Planning and Zoning Commission Resolution 2019-006 the 7`h day of May,29,W,.,; 314 �6 [<n THE CITY OF SEWARD, ALASKA 13 ''lack Wilde Reenirded,in Sgw#A rd; g,I strut. Retum lo: -, to 16-1 City.of Seward Comm-uniT'y Eld elopment P 0 Box 167 ++++�II Seward AK 99664 11!113i.1111 Page 2 of 2 2019--000674--0 81/103 City of reward MAR 05 2019 l ' Developrneni CITY OF SEWARD COMMUNITY DEVELOPMENT OFFICE ��� -� P.O. Box 167 • Seward, Alaska 99664 (907) 224-4048l -�L CONDITIONAL USE PERMIT APPLICATION This completed application is to be submitted to the Community Development Department no later than three 0) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting held the first Tuesday of each month. The application must be accompanied by the $250.00 filing fee; and if property.is already developed, an as-built u$ rVeY prepared by a surveyor registered in the State of Alaska; or scaled site and elevation Tans for undeveloped land. APPLICANT INFORMATION Applicant: r 4N Address:r. L � Telephone Property Owner (if othdrthan applle'antl: Address: Telephone No.: PROPERTY DESCRIPTION Address: `t `( - LotSize: ��� - (acres/SF) -4w - - Lot Block �:3 Subdivision )n 54) r oe Tax Parcel-36 i2.v..s�ti✓' Land Use Plan Designation: Zoning Designation: DEVELOPMENT PROPOSAL INFORMATION A. What structures are located on the property? � '� B. What is the existing use of the property? All l�'I C. What is the proposed use of the property I D. What is your development time schedule? '1F` �� • t of 3 CUP PCRMIT 11(99 82/103 City of$vward MA(? 05 Z()19 Community l)eveiaptn�nt E. Prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit (CUP), it shall be established that the use satisfies the following conditions (SCC 15.10.320): The applicant hereby alleges that: 1. The use is consistent with the purpose of the Seward Zoning Code 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 Seward 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: • 5 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. 2of3 cuP PFRMIT 11199 83/103 _. . .. uwy 01!S ward h I AI? U,") )fO J 9 Community evelOprneru F. Include building elevation plans and a site plan, drawn to scale. The site plan shout include: a) property dimensions; b) location and dimensions of existing and planned buildings; c) parking configuration; d) driveways/access; e) natural features; and f1 other pertinent information. I hereby certify that the above statements and Other information submitted are true and accurate to the best of my knowledge, and that 1, as applicant, have the following legal interest in the property: ( — Owner of record; ( } Lessee; f } Contract Purchaser; ( } Authorized to act for a person who has the following legal interest: I also 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 meeti held t e firs ednesd y of each month. Applicant's Signature: Property Owner's Signature ' Enclosed: Fee: $250T, f Site Plan f } Elevation Plans { ) Location Map { l Other f } �t 3of3 CUP PERMIT 71199 84/103 RIECEIPT# 26590 CITY OF SEWARD 410 ADAMS STREET z/°�}��oig PO BOX 167 Received SEWARD AK 99664 From phone: (907) 224-4050 Lookuu Name Payment Tvue Check # Am n 11122 COMMUNITY DEVELOPMENT Cash Due 250.00 Tendered 250A0 Change Due Description; conditional use permit Brad Snowden - 430 4th Ave Taxes Payable - Sales 16.35 Zoning Fees 233.65 f%A Ol"5+0wl7py mmu. 85/103 uewdoIanep AlunWWOO 01 H c; .M g � IE -.J31 r � bN J1 � T 4 � u _ .a ' I I 4 q u a S _1 r a aaN G� C_ii1 I Aj [� 7 AA 7m m -I 7 ry rr, n MwAcl 470 AIh$MET na �, u� ,ice F iixaeic'+SEriAxn.AM id c:sw, GRADBROWDEe ram` ]MUG $� r Efd�- a IN; r:� oann•,u FLUOR PLAN 86/103 im idolOAGO NjunwM 0z 97, Inp 1. .�.,.._ �_...... ......�--J.CNN.. ..�._:_.� r.� n 3 � m s O \ R d m a � ,< x . w ea , > kZ 0 TI C] f11 flI TI ti X L C7 U n 00 w RTRECT 4"41h STREET n BRAD �MONOWDE L w 'Yl I RRON SMARD.NC 5 � � ��• VJ j gppp SRQWQEH P MOOR PLAN NiF 87/103 i 76 a- - aLl ` 4 -_F { f -F i_T T r r u + owl � we � L I j A YY � - T- r T J - - t TT ` tt �. - � � T Tk ; City gf'Sewar•d, Alaska Seward Planning&Zoning Commission Minutes November 5, 2019 [volume 7, "age 364 CALL TO ORDER The November 5, 2019 regular meeting of the Seward Planning &. Zoning Commission was called to order at 7:00 p.m. by Chair Cindy Ecklund. OPENING CEREMONY Commissioner Seese led the pledge of allegiance to the flag ROLL CALL There were present: Cindy Ecklund presiding,and Gary Seese Nathaniai Charbonneau Kelli Hatfield Martha Fleming Comprising a quorum of the Board; and Also Present Jackie Wilde, Community Development Director Andy Bacon, Planning Assistant Excused Torn Swann Craig Ambrosiani SPECIAL ORDERS,PRESENTATIONS AND REPORTS Administration Report Jackie Wilde updated the Commission on the following business items • Wilde told the Commission that on Thursday November 7`h the Clerk will be holding training on Boards and Commissions rules and procedures. • Wilde notified the Commission on the need for an upcoming quarterly report to Council • Wilde notified the Commission of an upcoming appeal hearing on November 12, 2019 at 5:00 PM Other Reports, Announcements,and Presentations Historic Preservation Commissioner Sue Ward presented a draft version of a document titled Downtown Historic District Design Standard and Guidelines, an addendum to the 2017 Historic Preservation Plan. Ward stated that the bulk of this plan was taken from a document adopted by the City of Juneau. Ward discussed some of the key features of historic architecture seen in downtown Seward. Ward stated that the plan was in its early phases, and requested input from the Planning and Zoning Commission on technical aspects relating to the plans adoption to our City Code. 89/103 City ofSeivard,, Alaska Sewcv-d Planning&Zoning Commission Minutes November 5, 2019 Vohime 7, Page 365 CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Cole Petersen, outside city, thanked Commissioners for their support of his past apartment building project. Petersen stated that he has had good feedback on the apartments so far, and stated that he appreciated the work that the Commission did in implementing changes to City Code. Jena Petersen, outside city,thanked Commissioners for the time they spend reviewing plans and listening to what everybody has to gar about their projects. Petersen stated that she appreciated the Commission's willingness to �,N ork ,�,Ith them. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Fleming/Charbonneau) Approve the agenda and consent agenda Motion Passed Unanimous The September 3, 2019 regular meeting minutes were approved on the consent agenda New Business Items requiring a Public Bearing Resolution 2019-017 Granting A Conditional Use Permit To Cole Petersen dba C & J Properties LLC To Construct And Operate A 12 Unit Multiple Family Dwelling Unit On Tract C-3, Gateway Subdivision No. 1, Located At 100 Benson Drive; Within The Multi- Family Residential (R-3) Zoning District Wilde stated that the property contains approximately 35,719 square feet, and the proposed project will meet all City of Seward Development Requirements described in §15.10.222. Wilde stated the neighboring properties are all zoned Multi-family Residential (R3). The properties to the west/northwest of the subject parcel contain two fourplex dwellings and two single-family dwellings. The property to the east contains a single-family dwelling, and the adjacent property to the south is the site of the Jesse Lee Home. There is no indication this development will have a negative impact on adjoining property values. Wilde stated this property is not located in a special flood hazard area. Wilde described the available utilities on site and discussed some site development needs in order to connect the building to municipal sewer services. Wilde stated that this hearing item was properly noticed, and staff has presented all receivcd citizen correspondence to the Commission. Cole Petersen, outside city, described the project to Commission. Petersen stated this apartment building was very similar to the studio apartments he built on Third Avenue, with the exception of the end units, which are larger. Commission went off the rules to discuss the project with Mr. Petersen. 90/103 Ci(Y of&ward Alaska Seward Planning&Zoning Commission Minutes November 5, 2019 Volume 7, Page 366 Jena Petersen, outside city, thanked Commissioners for reviewing this application. Petersen stated that she wanted this building to contribute to the neighborhood. Petersen discussed the positive feedback she has received on the studio apartment building on Third Avenue, Commission went off the rules to discuss the project with Mrs. Petersen. Motion (Fleming/Charbonneau) Approve Resolution 2019-017 Granting A. Conditional Use Permit To Cole Petersen dba C & J Properties LLC To Construct And Operate A 12 Unit Multiple Family Dwelling Unit On Tract C-3, Gateway Subdivision No. 1, Located At 100 Benson Drive; Within The Multi-Family Residential(R-3) Zoning District Commissioner Fleming stated that her questions about the sewer system had been answered by the applicant during citizen's comments. Fleming noted the underutilization of that portion of the Benson Road Right of Way and the eventual need to improve that access. Charbonneau stated that all his rlucstions were answered in discussion during citizen's comments. Ecklund discussed sonic stu'rounding properties. Hatfield asked if Benson Drive had drainage, to which Wilde replied that the 100 block of Benson did not currently have ditching, but that it would be added. Motion passed AYES: Hatfield, Seese, Charbonneau, Fleming,Ecklund NOES: none UNFINISHED BUSINESS—None NEW BUSINESS A. Commission discussed the draft 2020 calendar, and that was approved by consensus. B. Commission set topic for November 19, 2019 Work Session as Joint Work Session with Historic Preservation Commission to Discuss Downtown Historic District. Fleming- Told Commission that she had to give up her seat on the School Board clue to unforeseen circumstances. Fleming also congratulated Wilde on her promotion to Comn)t131itV Development Director. Hatfield-Updated Commission on her meeting availability Charbonneau-Thanked staff for their work Seese-Thanked staff for their work Ecklund- Stated that she was happy to be home, and thanked the staff and the Commission for their work. Ecklund pointed out the Commission rules and procedure document that was presented as a laydown, and encouraged fellow Commissioners to attend the training. 91/103 01k7 ref Sewardl, Alaska Seward Planning&Zoning Commission Minutes November 5, 2019 Volume 7, Page 367 Citizens' Comments- none Commissions and Administration Response to Citizens' Comments- none ADJOURNMENT (Charbonneau) The meeting was adjourned at 8:02 PM Jackie C. Wilde Cindy L. Eklund Planner Chaii- (City Seal) 92/103 THE caMMissiaHEa 2018 VOLUME 24.NUMBER 5 PLANNING TOOLS HISTORY BEST PRACTICES LAW Communities to reevaluate the existing infrastructure,land-use patterns,and - _ public facilities that could be affected n by a catastrophic event,particularly a 1, • - �- ``` " repeat event. An important factor for local,state, and regional governments to consider is a disaster's economic impact on a corn u° munity.The faster an area recovers from ''. the damage,the sooner businesses can - R'y reopen and begin the recovery period. Frequent disruptions in economic activity stemming from recurring events may .. _ indicate the need for a careful study of area's vulnerabilities. Bayshore Boulevard in Tampa experienced some flooding during Hurricane Michael The commissioner's role n October,despite being more than 300 mites from landfall in Flor'la's Panhandle. Commissioners have multiple tools at their disposal to aid in resiliency plan- Putting a Resiliency Plan in Place ring.'These tools range from local r even lion strategies,which can reduce a even eliminate risks,to capital improvement SCENT EXTREME WEATHER EVENTS have alerted planning commissioners all over plans that can identify needed projects. the U.S--and the world—to the need for resilience,a term that is becoming a key and options for financing them. element of the planning vocabulary.In the wake of Hurricane Michael,the state Perhaps the most important tools of Florida is particularly sensitive to the threat of hazards.Hillsborough County,where are comprehensive plans and long-range I am the executive director of the city-county planning commission,is continually transportation plans.in 2015,the state taking steps toward greater resiliency- of Florida enacted the Peril of Flood Act, which imposed new requirements for local governments to prevent flooding— What is resilience? is to identify vulnerable locations and to including floods caused by sea-level rise. The U.N.s Intergovernmental panel on adapt social,economic,and environmen- The city of Tampa was one of the First Climate Change deliacs resilience as tal systems to respond to catastrophes. local governments in the state to respond. "the capacity or tic;<:i:ll,economic,and The ultimate goal is to minimize the long- Its location along Tampa Bay and the environment;,[,v,i,ins to;ope with a term impacts of extreme events. Hillsborough River makes it particularly hazardou,ti,c 1li (,i !r nd r�i disturbance, vulnerable to sea-level rise even though responcl:116 u; rc01 17'ir-ns i n ways that What can governments do? much of the riverfront is given over to maintain their esscn,.,11 11 :i,_:L(w,, den- Every community should have plans in yards and public parks. tity,and structure,while al-rrsainiain- place to prepare for hazardous events that The local planning effort was aided a ing the capacity for adaptation,learning, affect public safety.The general popula- by a vulnerability assessment based on a and transformation" tion should be informed about evacua- sea-level rise projections for the area Although the types of hazardous tion processes or the resources required calculated by the Tampa Bay Climate c events in the U.S.vary,the planning to weather the storm,and the aid they can Science Advisory Panel.The Hillsbor- required to overcome them generally expect from local,state,and national gov- ough County City-County Planning z remains the same.It includes cooperation ernments.Particularly vulnerable groups, Commission,serving as project manager, and coordination by governments at all such as the elderly and the disabled,may worked with city staff and the Tampa Bay levels.That means involvement by public require additional care and preparation. Regional Planning Council to complete agencies within a planner's jurisdiction populations with limited English skills the assessment. and in neighboring ones. may need additional guidance. In 2017,the Tampa planning commis- a Taking measures to lessen the impact Resiliency planning addresses more lion approved new comprehensive plan of known hazards is the first step toward than the potential loss of life and proper- policies to bring the city into compliance a preserving communities.The next step ty that results from a disaster-It calls on with state law.It is now updating its 93/103 THE COMMISSIOMER Pldrillhig 'Ool, land-use codes and storinwater infra- structure plans. Another useful resiliency planning I ;'ISTORY MAKING AN INDUSTRIAL CITY WALKABLE tool for commissioners is a long-range In 1792,Pennsylvania acquired the Erie Triangle—a 300-square-mile tract transportation plan.Transportation bordering Lake Erie—with the aim of giving the commonwealth,and especially systems are the backbone of a community. Philadelphia,a connection to Great Lakes commerce. Surveyor Andrew Ellicott They facilitate the daily flow of jobs,com- laid out a fine street grid that would become the framework of the future city. merce,education,and recreation.They Today,the question facing Erie(and many other industrial cities)is how to are also key to maintaining security and adopt that grid to today's fierce challenges.The factories are mostly gone,and the city's population has shrunk from 138,000 in 1960 to about 98,000.State Street, emergency services in extreme weather the spine of the downtown retail district,is far less active than when I was growing conditions.Long-range transportation up lust beyond the city line in the 1960s. plans can direct federal and state infra- Erie still possesses strengths.Charles Buki,principal of CZt3 planning structure funding 20 years into the future. consultants in Alexandria,Virginia,identified the city's best qualities in 2015 when he devised a revitalization strategy called Erie Refocused.The city's core,he wrote, An example of using an LRTP for reminded him of Savannah,and he started to think about Inserting small parks into resiliency planning is the transportation the grid east and west of State Street. vulnerability assessment funded by Today,Kathy Wyrosdick,AICP,the city's first planning director in decades,is the Federal Highway Administration looking for ways to carry out Bukl's ideas,from narrowing traffic lanes downtown in ITills6oraugh County.As part of (notably on State Street)to restoring eroded sidewalks on the East Side. Her mandate is to take the Erie Refocused plan and"move the action forward;' the project,the county's Metropolitan Erie business and civic leaders formed the nonprofit Erie Downtown Planning Organization included a Development Corporation..After raising$27 million through an equity fund, performance measure in its long-range the corporation recently purchased a series of contiguous,mostly three-story transportation plan.The measure calls for buildings—including some on State Street. The upper stories will be redeveloped as apartments,says John Persinger reducing the hurricane vulnerability of , the organization's CEO,Ground-level spaces will get an upgraded set of county roads to minimize economic loss, commercial,restaurant,and retail occupants. Let's say,for example,that a Category Recently,controversy has raged over whether the city should demolish or Three hurricane hits Tampa Bay and refurbish the McBride Viaduct,an overpass that for decades carried traffic over disrupts major road networks,causing railroad tracks that divided the East Side in two.The deteriorated viaduct has a huge loss in productivity and wages, been closed to vehicular traffic since 2010. Erie's mayor,Joe Schember,has proposed demolition.But various citizen With adequate planning to protect against groups(aware of the success of New York's High Line)argue for rehabbing the flooding,the road recovery time could structure for use by pedestrians,cyclists,and skateboarders.As of this writing, be shortened from eight weeks to three. the viaduct's fate is being debated in federal court. According to the LRTP analysis,investing —Philp Langdon Langdor,is a writer in New Haven,Connecticut.He is the author of in mitigation measures could reduce the Wrtbrn Walking Distance:Creabng Levable Communities for A!(Island Press.2017), n economic losses in Hillsborough County from$266 million to$119 million. Additional community savings are pas- a W sible if mitigation projects are included s with scheduled infrastructure upgrades. u r it z Takeaway Resilience can be achieved through a 4 '"'-,r., ' combination of effective tools and agency t collaboration.By identifying vuinerabilt ties and adapting systems to respond U _ a to unpredictable hazards,the impacts 'm on a community can be reduced.Most important,communities will be better z suited to adapt to a changing climate a and other hazards in the future. ■ -Meilssa t 70rmttc, -,c, The intersection of State and 9th Streets in downtown Erie,Pennsylvania,in 1922. The main retail district is much less active today. i 'or-tt.3 S the execut:4e clirector:7;Che -1,ilshorough Count� city caurt•v(tanning a w ;:7mmi5t,(yn, 94/103 THE COMMISSIONER Best Practices they should Behind the scenes at a Training Session Marston says. ew or artsthan every yeed Marston says."Look far parts that need tweaking,especially if the community ERVING ON A PLANNING COMMISSION or a zoning board can be daunting,even for has been seriously impacted by the great those who come to the job with experience in related fields.All those acronyms and recession or is facing changes due to new legal terms are truly mysterious.Planning is,after all,a field that depends on its own technology."Years ago,she notes,the jargon,or"plannerese"The learning curve is steep,with many different fields to absorb. arrival of cell towers caused local officials Staff reports can be hard to figure out.Your fellow commissioners come From different to rethink the zoning ordinance."In the professions and have their share of biases. future,it will be something else,maybe self-driving cars." the inevitability of change—and its This all makes training a necessity. we are dealing with citizens,volunteers effect on a local comprehensive plan— Haw-to sessions are a feature of most state who come From all sorts of backgrounds. prompted many questions during the planning conferences,and occasionally We felt this type of training worked best training session."How do you know when of a national conference.Several state gov- in a face-to-face setting" it's time to update?"asked one partici- ernments have organized training sessions "I he APA Illinois sessions are cospon- pant.Attorney Greg Jones noted that,at on their own.Some are limited to design sored by DePaul University's Chaddick least in Illinois,there are no specific legal or another field.Some are mandatory,and Institute for Metropolitan Development, standards for changing the comprehensive some have other requirements.States with a Chicago-based group focused on urban plan."It is a policy document,not a law;' open meetings acts are planning and trans- he said.The danger is that the plan will required to hold training portation.The Chicago languish on a shelf.And,Jones added, sessions on the workings TRAINING Metropolitan Agency for an out-of-date plan can cause all sorts of of a public body-,Illinois SESSION Planning,the regional problems when it comes into conflict with requires commissioners HIGHLIGHTS planning agency for seven a zoning issue. to take online training to counties,also cosponsors The presenters concluded that in most learn the lawRoles and responsibilities of training sessions for the cases a once-a-year workshop to review [talked to Laurie commissioners purpose of building local the plan is appropriate."You can decide Marston,FACCA of the Findings of fact government capacity. then if the big picture you painted is still Illinois Chapter of APA relevant;'said Jones.When a community about a training program role of The basics and beyond is still developing,once a year may not be that she helps organize. Process and So who should attend? enough."You may spot some guidelines The training program has conduct of "We encourage staff to in the plan that just don't make sense been held at the annual i meetings invite anyone who has to anymore;Marston said. Illinois APA chapter con- Comprehensive do with land use,"says Finally,the trainers urged that plan and zoning ference for the last seven ordinance Marston.That includes commissioners make use of their best years.The conference members of the planning resource,the professional planning staff held in Springfield in late commission,zoning "Read everything they give you;they September marked the 40th anniversary board,preservation commission,environ- said."And make sure you understand it." of the chapter.It featured a day-long mental commission—"any group involved training session and a mock hearing.The with decisions related to good planning" lNoektrial other trainers were Michael Blue,eACCP; Typically the planning staff will also The Springfield training day ended with a Greg Jones,and David Silverman,A]CP attend,"In one community,we were make-believe planning commission meet- Before APA Illinois started doing delighted to see the fire chief,director ing in the village of Erehwon.The event training,the Urban Land Institute and the of public works,and village manager. involved all four trainers and a good part University of Illinois at Chicago spon- And we have always encouraged of the audience.All the roles were filled: sore d a joint online program for planning communities to invite elected officials;' the loopy city commissioner,the angry commissioners."The online format was she says. neighbor,the earnest city administrator. effective for professional planners who Throughout the day at the Springfield The chair(straight out of Dr.5trangelove) were there mostly to keep up their AICP session,the presenters stressed the need was named Merkin MuRley.'fhe message: certification;'says Marston,a former sub- to refer to the comprehensive plan at how not to run a meeting. ■ urban community development director planning commission meetings and to I R�tl <rack ,-„: and long time planning consultant."But keep it up to date."We tell people that t„�ck 4 a r.:r,.,e erew= e wino Pl.,rtrtry 95/103 THE COMMISSIONER 1 24 No 2330 4499)S publisjej six times me�a year by tN Ale C 3.iplanning J ombo,�of is par[of their membership pat ma! subscibe Kimbr a o, n�l C d-� 0 FXOC rr cc, ? 8 1-­r c;i,T,I,-ng A ssoCi,)t ion which hasOff'Ces at 205 N MiChigan Ave.� 7C z015'11 )f' c NW 'A% olanning brig All rights reser�-ed No part of INS )[,o- kizj,crl ., hlzed my form or by any me5l"5 witho,,it perm,ssion in mntmg from APA suspen- Doing Right: Evolution of Ethics at APA lion}and after reaccreditation after a year(for a five years(revocation). "Revocation is rare and applies only WE ALL FACE ETHICAL ISSUES at one time or another,jim Peters,Fmcp,ARM to a serious charge:'says Peters.Last year, ethics officer,says it's inevitable,even for the most upstanding members of local there was only one such outcome,with a planning boards and commissions. planner who committed perjury. Ethics has always been a concern of APA and its predecessor organizations,he adds. Getting all this information to plan- But it wasn't always so formal.The first code,Ethical Principles in Planning,was adopted ning professionals and to volunteer mem- by the APA Ward of directors in May 1992.It applies mainly to nonprofessionals who bers of local boards and commissions is volunteer to serve on commissions."It's often Overlooked,'says Peters,"but it gives useful another matter. guidance and should be brought out in training board and commissioner members" ThaCs where the case studies come in.The cases,based on real-life ethics -—---- —----- problems,are presented in AICP certif- For more formal complaints,the journalism helped me in this job,'he says. icate-maintenance courses throughout "I am not afraid to pick up the phone and the country.An ethics course is required main guide is the AICP Code of Ethics. It applies to everyone—certified planners call someone about a complaint" every two years,and in 2012,the"cases of and volunteers alike.But only certified the yeaF were added to the program. planners can be formally charged with a Advice and Investigation "Originally,"says Peters,"there was complaint.it's up to Peters to decide who Peters's current role is twofold."I get lots one case with many threads to it.Now its faces suspension or,in the worst cases, of requests asking for informal advice about a half-dozen cases,each on a sep- R. _0 revocation of his or her certificate. about what could be an ethical violation' arate issue.We test them throughout the In the last year,he has Then there are the year at chapter conferences and do a final reviewed 19 complaints- complaints.The form is presentation at the annual conference." Five involved people who AICP CODE OF online,so anyone can Peters'copresen ter at the ethics sessions wrongly claimed to be ETHICS AND AL file—and they do.Last is Chicago-area planning consultant Lee PROFESSION AICP members,"In the CONDUCT year,there were 19 for Brown,rmcp. end:'he says,"it turned The eMics code was mal complaints involv- Most of the cases involve professional out that they had allowed adopted by thp AICP ing certified planners. planners,but every once in a while a Commission in 2005 "1 start my investigation citizen planner pops up.Last year,it was a their membership to and revised in 2016.A lapse"Two other planners key section is the one by checking the facts real estate salesman named"Harland"for received letters of admo- with the 26 rules of and making a prelimi- the occasion(after the famous consul nition for violating-a rule conduct,which apply nary decision' tint,I larland Bartholomew).Harland's to all AICP members. of conduct,and another There are also Peters dismissed 10 problem was an up-to-date one.He was was punished with a one sections on advisory of those 19 complaints criticized(by the city's planning director) opinions,complaints year suspension of of misconduct,and because he believed that for acting inappropriately by posting AICP certification- discipline of members, they were unsupportable. items about a development proposal on en Peterswas hired See the Ethics in f the The person who files social media. Planning section o peal to the Ethics The case raised several questions-For in early 2015,he became APA website.planning, can appeal ARks first ethics officer. org/ethics.Ethical Committee,whose seven instance,did Harland violate Ethics Code Principles in Planning Before that,the reviews are also at this link. members are appointed Rule of Conduct 8 or 9—both addressing were done informally by the AICP president. private communications about matters by various executive one member of the that may come before the commission? directors.it is now a part-time job but a committee must be a member of the ART l Strictly,that's not a violation,says Peters, busy one for Peters,who also teaches in Commission."That is the jury of your but the planning director should tell the planning and historic preservationpeer,:'says Peters. Harland that he was acting inappropriately, �l lincii programs at the University of 11 at if the complaint is upheld by the Peters notes that the Ethics Committee Chicago and the School of the Art Institute committee,Peters is responsible for has already reviewed case-of-the-year of Chicago.He is the former executive responding. Proposals fOT next year's national planning director of Preservation Illinois,a Chicago- He may take one of these steps: conference in San Francisco."We have a based nonprofit group,and a former dismissal,letter of admonition,ptiblica- good assortment,'he says,with a focus on member of the Planning editorial staff and tiOn Of name,suspension of certification, social equity issues. ■ newspaper reporter."My background in revocation.Applicants may apply for 131rn 96/103 � ARRStrategic Alliance for News from Regon 10 Ile November 2019 x Volume 9,Issue 11 Inside this Issue After the Fire"Webpage 7�r F ~ A F 1L_ Region 10 Story Projects WA Post-Wildfire Flood Washington that led to the formation 2 Elevation Certificates Committee _ Resource of the Washington Post-Wildfire Workshop Flood Committee(PWFC). Webpage Release The PWFC was formed under the L0273 Course UpdatesBy Travis Bail, USACE Seattle District umbrella of the Washington Silver and WA Silver Jackets Coordinator Jackets Team, a multiagency group Online Training CalenJust a few weeks ago, many of us of flood risk managers facilitated by ' were in Boise listening, talking, and the United States Army Corps of thinking about post-wildfire flood Engineers (USACE) working to risk at the Northwest Regional identify and address flood risk issues Floodpiain Management around the state. Association's (NORFMA) Annual The PlhTC. is not centrally funded, Conference. This year's theme, nor does it alone carry any decision- "Fires, Floods, Mud, and More: making authority, but its members Integrated Processes" was an work together to coordinate opportunity to shine light on a type of collection and sharing of technical flood risk that is somewhat contrary data, progress and best practices of to the classic wet winter or high flood risk projects after fires, and snowpack flood cycles we see west outreach and distribution of flood- and east of the Cascades, after-fire materials. respectively. USACE funded the Silver Jackets Several presenters at the conference and PWFC in 2018 to expand the discussed how short duration, high- outreach piece of their mission, Strategic Alliance for Risk Reduction intensity thunderstorms over recently including the development of a RegionFEMA burned areas can cause flooding with resources web page. The "beta" 0 44th Avenue West,Suite ` very little warning time and high version of that website is now Lynnwood,Washington 98036 concentrations of sediment and available to the public at debris in drainages that rarely have wivwaLterthe b-ewa.urg. flowing water. It was the threat of these types of flood events after the Continued on next page 2014-2015 wildfires in central NOVF-MBER 2.01) 97/103 NEWS FROM REGION 10 Page 2 After the.Fire webpage-cont'd FEMA Region 10 Story Thurston County project, an FY04 project was initiated with the The original intent of the website was Projects Have a Home Multnomah County Drainage to offer flood risk resources to the District in Portland,OR. The Region residents,communities,and agencies tk 10 team will be recording two new impacted by fires. But through ¢ stories in Pierce County in October several workshops and conversations -``' and November to capture narratives with those close to the recovery about coastal and groundwater efforts from the Okanogan and flooding to build content that Carlton fires, we realized the web supports the County's flood page needed to offer more than just -... r management plan. flood risk information in order to be utilized and valued by the public. " ' For more information about the Storytelling projects in the Region, In addition to flood risk information, The growing library of produced please contact Sarah Shannon, the site offers tips and resources for audio interviews collected as part of sarah.shannon mbakerintl.com. impacted homeowners, tools for the Region 10 post-resilience community organization, an storytelling projects is now publicly extensive online resource library, available on the Pierce and Thurston and much more. County websites. Additionally, as Ask the Help Desk The PWFC through the After-the- part of a fall awareness campaign, The Region 10 Service Center Is Fire website is attempting to improve Pierce County's PIO is advertising here to help local community the access to and utilization of one interview per week on their officials and stakeholders with critical planning and recovery Facebook page, demonstrating local technical,training,mitigation,and information before the fire starts. ownership of using these materials. mapping questions. Now we need your feedback. The Additional opportunities to get the Email RegionXHelpDesk@starr- site is in the earliest of stages. Both word out included support for the team.com, the content and design will continue Thurston County floodplain to grow and improve over the next administrator, Tim Rupert„ and several months. emergency manager, Andrew For those with previous experience Kinney, at the County's Featured Workshop: in post-fire response and recovery, Preparedness Expo on September 28, think back to what online resources where approximately 100-170 Elevation Certificates you and your stakeholders or attendees participated in this 4-hour December 4,2019 neighbors needed most. When you event. Attendees could stop by and Eugene,Oregon take a tour of the site, can you find listen to shortened audio clips pulled that critical information? What is from the longer narratives. This Presented by FEMA Region 10 and missing or confusing? project is helping to foster local the City of Eugene,this workshop is leadership support for allowing local intended for local floodplain We heard it in various forms at resources to be spent on pursuing administrators and surveyors to help NORMFA again and again: Don't mitigation grants and projects. The with proper completion of an just plan for the wildfire,plan for the team,also presented on this project at essential tool for floodplain recovery, too. Please take some time the Northwest Regional Floodplain management. This course will cover to help improve planning for post_ Management Association the purpose and uses of an Elevation fire recovery in Washington (NORFMA)conference in Boise,ID, Certificate. communities. the week before the Expo,along with Participants will receive a section by For comments, PWFC information, the Pierce County project partner. section explanation of the Elevation or just a discussion about post-fire Thanks to a previous NORMMA Certificate,complete with real-world flood risk, contact Travis Ball, presentation about the Pierce County Building Diagram examples and a USACE: 206-764-3277 or story project, the Thurston County discussion of common errors and tavis d.ball(u)usace.ar»:y.mil. project was initiated. And thanks to omissions. a NORMMA presentation about the Continued on next page 98/103 NEWS FROM REGION 10 Page 3 EC Wor kshop-cont'd and other quirky features of this FEMA is looking forward to important 4-day class covering bringing courses to Idaho, Oregon how to determine the Base Flood addition,this workshop will cover concepts of floodplain management. and Washington in 2020. Future h With a new updated set of course class offerings will be advertised Elevation (B haw Elevation materials, the new era of L0273 has through this newsletter and through Certificates aree used as a part of the arrived. We've said goodbye to Mr. your NFIP State Coordinator. Letter of Map Amendment(COMA) and Mrs. lanes, outdated process and how to use FEMA's Map photographs. the history of the NFIP For more information, contact Roxanne Pilkenton, roxanne.real Service Center. and references to VCRs in the new ilkenton c� ema clhs. ov For time and location details and to course. -� -__�_._A, register, please view the FEMA We STARR We've said hello to updated images, Training workshop flyer. a pre and post-course exam, and a For more information, please final capstone exercise that helps contact Raymond S Joseph,Jr., City cement what was learned during the of Eugene,RJoseph(&,eugene-or.gov. course. There will be a bigger emphasis on electronic manuals to Newsletter Ideas? Announcing: L021�3 help reduce waste and new criteria _ which states that every student must `spread word about Course Updates _ . pass the post-course exam. with a r recent Roxanne Pilkenton,FEMA Region 10 75% or better. The course remains success story? Let us know what you want to seein future issues! Since the early 2000's, anyone who four days and when field deployed .- up to 500 words has taken FEMA's classic course will still be followed by a chance to and may includepictures. "Managing Floodplain Development take the CFM exam, but it is through the NFIP", often referred to important to note that the L0273 is Email team.com. by its training code L0273,will recall not intended as a preparatory course the clip art,sometimes grainy photos, for the CFM exam. Online Training STARR: Floodplain CRS:Preparing an Annual (All times Pacific) Development Permit Review Recertification November 21,9 am December 18, 10 am STARR:Elevation Certificates Online - 1 CEC Online - 1 CEC November 7, 10 am Online -2 GECs STARR.Inspecting STARR:Elevation Certiflcates Floodplain Development December 19, 10 am STARR:Tools for Determining November 21, 10:30 am Online - 2 CECs Base Flood Elevation Online - 1 CEC November 14, 10 am Online - 1 CEC CRS: Natural Floodplain Functions CRS:Introduction to CRS December 17, 10 am November 19, 10 am Online - 1 CEC Online - 1 CEC To register for online courses,visit CRS:CRS&Coastal Hazards STARR's training site: November 20, 1.0 am jrr /starronlin�_>irainin ,or email Online 1 CEC RXTraining@starr-teat .c—m. 99/103 co O r � r w r Ct7 co cm CA CO (/] r r N Cr) (1) ~ r N N {C) r r N U- N � � LO NCS � � rNN LL � r � N � i 0r- r � rOC1rN N T N r rNM C nb r00 E � � r0pl() E � N � (DC'0C7 U N r N N �'j *� r N r N C � O o� cor- G oN va Z) a, uON0) °' E r CV N ► �'- ` r r N Q H r- N N UCl _7 [� � P� r o J0420 co CC] 2c n N Co O E C� c al LL rrN [+] r � NN u- � rrN UU) CO 0 N r r N D � ( � CC7rNN D U] rarN d � N � � � M �� CD CO O 4-9 r (A 0 � zNN Q3 r °�° #� r` ODto cNVN c DQ _ on o■� Q Q 0 r r 0 r V E N 2 CD N 2 to r M % N 7+c� _ a+� N LO Nrn � � M cn � r CD N c�U � (n ca iij r CO L[) w N m CD cod cz CD co O N 0 �C .T- ry1 T � L ^T^1 M /Vq/ '`� � N CVLn � o CN �CVC, a N NU V lUU_ 1UL�CS$f o Lim CV � cvasm U O U � N 2 � � N ` `— r N N d7 ((7 C7 P� r 1-t r 00 Q E N cz (� CD 7Z 2 ca 42LCoj [0 LC) N C37 C(S r CO C71 c►] r r N N (n r N D - s� U •a�Cr] (� NN U- LjLL L = � c (DCe) o nof� Lr [J ] L co oNU] N D N to a E 1,0 - � co E �ODrNiL7 C -0 -0N 7Q < d co LL : r0OLn C her q�jo D � 0 p 0 Cf) T N (D d � LC7 N d'i CD N N CA (f) 00 - N CA (I) r- N N DecernberZ4]9 January December 2019 SuMo TuWe Th Fr 5a SuMa TuWe We Th Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 2.5 29 30 31 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Dec 1 2 3 4 5 6 7 7:00pm P&Z Mtg 12:OOpm PACAB (Council Mtg Chambers) 8 9 10 11 12 13 14 7:00pm CC Mtg (Council Chambers) 15 16 17 18 19 20 21 6:00pm P&Z 12:OOpm PACAB 6:00pm HPC Work Session Work Session Work Session (Council (Chambers) �� (Council Chambers). Chambers) 7:00pm HPC Meeting (Council Chambers) 22 23 24 25 26 27 28 7:00pm CC Mtg HALF DAY CITY CHRISfMAS (Chambers.) HOLIDAY 29 30 31 Jan 1, 20 2 3 4 Council Calendar 1 11/21/2019 4:03 PM 1011103 January 2020 Su M January 2020 February 2020 o Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 5 6 7 8 91011 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Dec 29 30 31 Jan 1, 20 2 3 4 New Year's Day Holiday 12:00pm PACAB Mtg 5 6 7 8 9 10 11 Work w/Rasa to 7:00pm P&Z Mtg 6DOpm HPC, Prepare (Council Work Session Proclamation Chambers) (Council for Polar Bear Chambers) Jump for 7:O0pm HPC January Meeting Council (Council Meeting Chambers) 12 13 14 15 16 17 18 7:00pm CC Mtg 12:OOpm PACAB (Council Work Session Chambers) (Chambers) 19 20 21 22 23 24 25 6:00pm P&Z WS (Chambers) 26 27 28 29 30 31 Feb 1 7:00pm CC Mtg (Chambers) Council Calendar 2 11/21/2019 4:03 PM 102/103 February 2020 SuM February 2020 March 2020 o TuWe Th Fr Sa Su Ma TuWe Th Fr 5a 1 1 2 3 4 5 6 7 2 3 4 5 6 7 8 8 9 10 11 12 13 14 9 10 11 12 13 14 15 15 16 17 18 19 20 21 16 17 18 192021 22 22 23 24 25 26 27 28 23 24 25 2627 28 29 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jan 26 27 28 29 30 31 Feb 2 3 4 5 6 7 8 7 00pm P&Z Mtg 12:00prn PACAB (Council Mtg. Chambers) 9 10 11 12 13 14 15 7:00pm CC Mtg 6:00pm HPC (Council Work Session Chambers) (Council Chambers) 7:00pm HPC Meeting (Council Chambers) 16 17 18 19 20 21 22 President's pay 6:00pm P&Z WS 12:00pm PACAB Holiday � (Chambers) � Work Session (Chambers) 23 24 25 26 27 28 29 17:00pm CC Mtg (Chambers) Council Calendar 3 11/21/2019 4:03 PM 1031103