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HomeMy WebLinkAboutRes2020-02 Sponsored by: Applicant Substitute Resolution CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 202(1-02 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF FOREST ACRES LOTS 00, PP, NN, BJ AND XX FROM SINGLE FAMILY RESIDENTIAL (RI) TO MULTI-FAMILY RESIDENTIAL (R3) WHEREAS, the property owners of Lots 00, PP, and XX Forest Acres Subdivision have submitted an application and filing fee, requesting their lot be rezoned from Single Family Residential (RI)to Multi-Family Residential (R3); and WHEREAS, during the public notice period the property owner of Lot NN stated interest in adding their property to the area to be amended, and the Community Development Department recommended consistent zoning of the entire block; and WHEREAS, The Planning and Zoning Commission held public a hearing on January 7th and moved to postpone decision to provide additional public notice; and WHEREAS, the property owner of Lot BJ stated no objection to the land use amendment; and WHEREAS, the proposed area to be amended includes five (5) parcels containing approximately 6.03 acres; and WHEREAS, the current zoning of the parcels are Single Family Residential (R1), and the future Land Use Plan map designation recommends the parcels be zoned Single Family Residential (RI); 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 Multi-Family Residential (R3) district is 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; and Seward Planningand Zoning g Resolution 2020-02 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 February 4, 2020. 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 2020-02 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 4th day of February 2020. THE CITY OF SEWARD,ALAS J P \ Cindy L. klund Chair AYES:Swann, Charbonneau,Ambrosiani,Fleming, Ecklund NOES: ABSENT: ABSTAIN: VACANT:None ATTEST: renda Ball , MMC City Clerk 0.6Q6 Y.,,, (City •..GpR iii•; .•a ? • I SEAL r • Afp ••�'•• ,F OF'A�p►5,, Z Agenda Statement ent lVlcetira Date: February 4, 2020 ., Through: Jackie C:. Wilde, Community Development Direct( From: Andy Bacon, Planning Assistant Agenda Item. Resolrrtiran 2020-02 Recommending City Council Approval of the Rezoning of Forest Acres Lots , PP, 1'9l"^+l, 13J and XX, From Single Family Residential (R1) to Multi family Residential (R3) BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to the Seward City Council is Resolution 2020-02, amending the zoning designation of forest Acres Lots 00, PP, NN, BJ and XX from.. Single Family Residential (Rl) to Multi-family Residential (R3)Zoning. The applicant submitted an application and filing; fee on November 27, 2019. The proposed area to be amended included three (3) parcels, luring the public notice process, the property owner of Lot NN contacted City Staff stating that they would like to be added to the area amended. Upon review, the Community Development department recommended contiguous :coning of the whole black. At their January 4„ 2020 public hearing,, the Planning and Zoning Commission recommended postponing decision on Resolution 2020-02 for additional public notice. The Future Land Use Map approved in the 2030 Comprehensive Plan, delineates Lots O0, PP,. NN, BJ and XX as Single Family Residential (RI), Seward City Code SCC 1 .01.03 , Amendments, (b) (3) allows the consideration of this rezone because the area encompassed by the proposed ordinance contains more than one acre, The Multi-Farnily Residential (113) district is intended to provide opportunities for a higher density residential setting with a mire of housing units which are predominately nmlti fancily 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 inulti-fainily residences from undesirable effects. SURROUNDING LAND USE AND Z l�lll'� Lot. PP, XX, and BJ are vacant properties. Lot 00 contains a strop building near the north property line and is otherwise vacant. Lot NN contains a single family home. Parcels to the west. across Spruce Street are zoned Rural Residential (RR) and include single family homes. Parcels to the south are zoned Single family (RI) residential and include a single fancily home and a vacant parcel, Parcels to the north and east are zoned Resource Management (RM) and are owned by the City of Seward, The parcel to the east is used for snow storage and utility pole storage, and the City's electric transmission line runs along the eastern property line and along the Juniper Street right of way. The City-owned parcel to the north is restricted conservation 9/40 land, designated as such during the Dieckgraeff Road levee project. Elopelain status A majority of the land within the subject area is located in FEMA designated Special Flood Hazard Area, Zone AE. The base flood elevation for this area is determined at 39 feet. Development of these parcels will be subject to City of Seward floodplain regulations, and a floodplain development permit will be required. Utilities The subject parcels in this rezoning application are served by some City utilities. Development will require compliance with Chapter 16 of Seward City Code in extending City utility infrastructure. The Juniper and Laurel Street rights of way are currently undeveloped. The Electric Department and Public Works Department noted in staff comments the presence of the City electric transmission line running along the Juniper Street Right of Way. CONSISTENCY CHECKLIST: Yes No N/A 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: (c.) By petition of a majority of the property owners in the area to be amended; 3 (3) Except for an ordinance altering the boundaries of X 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. 10/40 STAFF COMMENTS: Staff has reviewed the Rezoning application and no objections were reported. Department Comments No Comment N/A Building Department X Public Works Department Power poles are down the middle of the Juniper ROW,which is only access to the East lots. Storm water floods into the north end of the proposed areas Harbor Department X Police Department X Electric Department Electric transmission line may run down middle of Juniper Street ROW Telecommunications X PUBLIC COMMENT: Property owners within three hundred (300) feet of the proposed land use action were notified of the requested rezone. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with. At the time of publication, staff has received two comments from the owners of Lot BJ and Lot NN, within the subject area, stating no objections to the land use amendment. Those comments are included in the meeting packet. RECOMMENDATION: Commission Approve substitute Resolution 2020-02, Recommending City Council Approve The Attached Ordinance Amending The Land Use Plan And Zoning Designation Of Forest Acres Lots 00, PP, NN, BJ And XX, From Single Family Residential (R1) To Multi Family Residential (R3). 11/40