HomeMy WebLinkAboutRes2019-018 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 URBAN RESIDENTIAL (UR)
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
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 amending the zoning
designation of Lots 7-12 Block 7, 7-12 Block 14, and 9A-12 Block 17 to Urban Residential (UR)
and recommends Resolution 2019-018 be forwarded to City Council for enactment as Ordinance
2020-eo'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 3`d day of
December 2019.
THE CITY OF SEWARD,ALASKA
4kC�
rnce Chair
AYES:Swann, Charbonneau, Hatfield, Fleming
NOES:Ambrosiani, Seese
ABSENT:
ABSTAIN: Ecklund
VACANT: None
ATTEST:
Brenda all , MMC
City Clerk
(City Seal) ‘,01t gi�a,,�
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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
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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).
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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)
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