HomeMy WebLinkAboutRes2020-06' Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2020-06
RESOLUTION 2020-06 OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL
APPROVAL OF THE REZONING OF LOTS 3, 4-5 AND N% OF LOT 6 BLOCK
16 ORIGINAL TOWNSITE SEWARD FROM MULTI -FAMILY RESIDENTIAL
(113) TO CENTRAL BUSINESS DISTRICT (CB)
WHEREAS, Applicant Big Mama Love LLC via member Ristine Casagranda has
submitted an application and filing fee, with and adjacent lot owners Charles Boswell, and Peter
Cannava requesting Lots 3, 4, 5 & N1/2 6 Block 16, Original Townsite of Seward, be rezoned
from Multi -Family Residential (R3) to Central Business District (CB); and
WHEREAS, the current Zoning Designation of the parcels is Multi -Family Residential
' (R3) and the Future Land Use map recommends the property be zoned Central Business District
(CBD); and
WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (1c) allows the
initiation of the zoning change by a petition a majority of the property owners in the area to be
amended
WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the
consideration of this rezone because the parcels are contiguous to the requested zoning district
and would bring the parcels into conformance with the Land Use Plan; and
WHEREAS, goal 3.2.2.1 of the Seward Comprehensive Plan is to, "Maintain community
vision through the rigorous implementation and update of the Comprehensive and Land Use
Plans"; and
WHEREAS, an objective of the Seward Strategic Plan is to, "Work towards bringing the
Zoning Map into conformance with the Land Use Plan"; and
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 July 7, 2020.
Seward Planning and Zoning
Resolution 2020-06
Page 2
1
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 of Lots 3, 4, 5 & Nl/2 6 Block 16, Original Townsite of Seward, be rezoned from Multi -
Family Residential (113) to Central Business District (CB); and recommends that Ordinance
2020-_ be forwarded to City Council for approval.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2 1 n day of
July 2020.
THE CITY OF SEWARD, ALASKA
otw� J-4d-�Lc I
Cindy L. Ec ad Chair
AYES: Swann, Seese, DeMoss, Hatfield. Ecklund '
NOES:Charbonneau
ABSENT:
ABSTAIN: Ambrosiani
VACANT: None
ATTEST:
Brenda Ball t, MMC
City Clerk
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(City s oar0
•• SEAL '•
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••ti�rOFA�P� ..
P&Z Agenda Statement
Meeting Date: July 21, 2020
Through: Jackie C. Wilde, Community Development
Director
From: Eric A. Kozielski, Planner
Agenda Item: Resolution 2020-06 of the Planning and Zoning Commission
of the City of Seward, Alaska, Recommending City Council
Approval of the Rezoning of Lots 2, 3, 4-5 And N'/a 0f Lot 6
Block 16 Original Townsite Seward from Multi -Family
Residential (R3) to Central Business District (CB)
This resolution was brought forward on fume 2, 2020 for a
public hearing and was postponed; it is corning back tonight
for a second public hearing.
BACKGROUND & JtTSTIFICATION:
Attached for the Commission's review and recommendation to the Seward City Council
is Resolution 2020-06, amending the zoning designation of Lots 2, 3, 4-5 & N1/2 Lot 6
Block 16, Original Townsite of Seward, from Multi -Family Residential (R3) to Central
Business District (CB). (see attached map)
The applicant submitted for a Land Use Plan Amendment - Rezoning and paid the
requisite filing fee on May 8, 2020. The proposed area to be amended included three (3)
parcels consisting of approximately .31 acres. The applicant is requesting this rezone in
order to bring the lots into compliance with the Future Land Use Plan approved in the
2030 Comprehensive Plan and to provide for future commercial uses allowed within the
Central Business District, possibly for a communications tower.
The Central Business District (CB) is intended to provide for an area of convenient,
attractive, concentrated commercial development primarily intended for retail,
financial, entertainment and professional services occurring within enclosed structures.
Regulations applying to this zone are 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.
The Future Land Use Map approved in the 2030 Comprehensive Plan, delineates Lots 2,
3, 4-5 & N 1 /2 Lot 6 Block 16, Original Townsite of Seward, as Central Business District
(CB). These lots are currently zoned Multifamily District (lt3 ). The area is less than I
acre; however, the requested rezone meets the requirement for public hearing per Seward
City Code SCC § 15.01.035, Amendments, (b) (3) which allows the consideration of this
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Seward Planning and Zoning Commission
Agenda Statement— Resolution 2020-06
Page 2 of 5
rezone because the parcels are contiguous to the requested zoning district or would bring
the parcels into conformance with the Land Use Plan.
SURROUNDING LAND USE AND ZONING
North of the requested rezone is Lot 1 Block 16. It is zoned Central Business District
(CB) and contains a General Commercial business.
To the south is one parcel. Sl/2 Lot 6 & Lots 7-8 Block 16. This parcel is zoned
Multifamily Residential (R3) there is one Residential Dwelling existing.
The lots east across 5`" Ave. are zoned Central Business (CB) and Multifamily
Residential (R3). There are 3 Residential Dwellings on 30' lots and 5 Residential Vacant
lots making up 3 parcels. Three of the vacant lots are used as aft -street parking sites for
hotels.
The lots directly west across the ally are zoned Central Business (CB). There are
currently Commercial Businesses and Residential Vacant lots across the alley from the
rezone area.
FLOODPLAIN STATUS
All of the lots are located in FEMA designated, Zone X.
CONSISTENCY CHECKLIST:
Yes
No
N/A
Comprehensive Plan (2030, approved by Council Mqv 30, 2017):
3.2.2.1 Maintain community vision through the rigorous implementation and
update of the Comprehensive and Land Use Plans (page 1-14)
I .
* Update the zoning code in order to implement the Comprehensive Plan
X
and bring the zoning map into conformance with the Land Use Plan
(page 1-14, bullet 3)
Strategic Plan (.4pproved by Council Resolution 99-043):
Pursue the community's vision through rigorous implementation of the
2.
Comprehensive and Land Use Plans. (Pages 10-11, Large Ballet 2)
X
Update the Zoning Code in order to implement the Comprehensive Plan
(Pages 10-11, Small Buller ,l
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 existing, contiguous
X
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.
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Seward Planning and Zoning Commission
Agenda Statement — Resolution 2020-06
Page 3 of 5
STAFF COMMENTS:
Staff has reviewed the Rezoning application and no objections were reported.
Department
Comments
No Comment
NIA
Building Department
x
Public Works Department
x
Harbor Department
x
Police Department
x
Electric Department
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 one request for more information from an
adjacent land owner but no comments.
The first 300ft mailing missed the co-owner of Lot 2, 337 Fifth Avenue. Staff was made
aware of this and that the co-owner objects to their property being rezoned. Staff had
followed the normal procedure for this mailing and for receiving an application. Since
this occurrence staff has added additional steps for verification of all owners and will
send mailings to any second address listed with the KPB Tax Assessing Department as
well.
Public comment at the first meeting included objection to the rezone from the co-owner
of Lot 2 Block 16, Ms. Coppock. Ms. Coppock stated she was against any additional
commercial uses on this portion of Fifth Avenue, that the character of the immediate area.
was historical and residential. She also brought up the concern that the procedure used for
public noticing could be missing property owners with differing addresses from the first
listed in the assessor's information.
The applicant Ms. Casagranda spoke on behalf of the rezoning for the purpose of
allowing for commercial uses on the property and bringing the parcels into conformance
with the Future Land Use map within the Comprehensive Plan.
Any public comment received after this publication will be presented as a laydown to the
Commission and the public at the July 21, 2020 meeting.
RECOMMENDATION:
At the June 2nd public hearing staff recommended postponing to the July 7, 2020 meeting
for the opportunity to contact the additional owners of parcels zoned Multi -family (R3)
between Jefferson and Adams Streets on Fifth Avenue. The purpose was to assess if there
was support to change the zoning for all these lots to Central Business (CB).
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Seward Planning and Zoning Commission
Agenda Statement — Resolution 2020-06
Page 4 of 5
Staff mailed letters to the eight (8) land owners, summarizing the proposed change and
how it could change the land uses possible on their land. We also explained that given the
current development requirements rebuilding would require greater setbacks from
property lines than the homes currently have, if no change were affiected. The result of
this inquiry is summarized as: The two (2) property owners bookending the proposed
rezoning (including Lot 2 which is listed in the proposal) disagree with being included in
the staff proposed rezone, and oppose the original rezone application. Two (2) of the
parcel owners continue to support the rezoning either as staff proposed or just their lots.
On the east side of Fifth Avenue, one (1) did not want to be included but had no further
comment. Two (2) owners could not affirm they wanted to be part of the proposed rezone
and had no comment on the individual lots being rezoned_ And one (1) offered no
communication at all.
Of those in objection, Ms. Cange has sent a letter to the commission which is included in
the agenda packet. Ms. Cange did not speak but was in attendance for the first meeting.
Ms. Coppock in a telephone conversation with staff, stated that there were several
historical residences in this portion of Fifth Avenue and putting a commercial structure or
communications tower here would change the character of the area. She was also critical
of staff For promoting the rezone of all the multi -family lots on the block, she felt staff
was working too hard to accommodate a rezoning. Mr. Hearn stated he did not want to be
involved in a rezone but had no comment otherwise.
Of those in support, Mr. Cannava was interested in the ability to develop a commercial
use on his lots but had no plans to at this time. Ms. Casagranda has commercial plans for
her lot and desires this rezone so that she may move forward on them.
Based on the communication with owners, Community Development staff cannot
recommend moving forward with rezoning all Multi -family parcels on Fifth Avenue
between Jefferson and Adams Streets. Based on the opposition from the owner with
greater land tenure for Lot 2, staff recommends amending the rezoning application to
remove Lot 2 from the original application prior to discussion on this rezoning.
In removing Lot 2 from the proposed application, there is no longer contiguous Zoning
with Central Business (CB) and the proposed area is still less than one acre. With this
recommendation it is necessary to examine whether this would constitute spot zoning or
contract zoning.
Does public necessity, convenience or general welfare require the rezone?
Per the land use plan the public vision is to develop the Central Business district
and increase the commercial density in this area.
There is interest in this location for a possible communications tower which
would increase the convenience for the City's residents, businesses, and visitors,
regarding their connectivity to this technology during peak usage times (Tourism
Season).
This area is also part ql' the Historic District of Seward so any development
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Seward Planning and Zoning Commission
Agenda Statement Resolution 2020-06
Page 5 of 5
should be sensitive to the historic nature of the area.
Does the rezone include at least one acre, excluding streets and rights -of -ways?
The lots included in the original staff recommendation was approximately an acre but
that included all the remaining Multifamily (R3) zoned lots in the area between Jefferson
and Adams on Fifth Ave. The proposed rezone was approximately .31 acres, by removing
Lot 2 that would be .24 acres approximately.
Does this small -parcel coning constitute spot zoning? Does the proposed amendment
comply with the comprehensive plan?
The proposed amendment is consistent with the Comprehensive Plan as indicated
in the Agenda Statement. However, in changing the zoning of only 2 of the 8 parcels it
takes an area with inconsistent zoning and increases the inconsistencies between
adjacent parcels, rather than decreasing those inconsistencies as is desirable.
Would the Commission be willing to accept any of the permissible outright land
uses in Central Business (CB) to locate between the 2 residential dwellings? A good
example to consider is a communications tower as it is one possible use listed in the
application. f not then, there could be a claim of'spot zoning.
What is the effect of the zoning amendment on the owners and on the community at
large?
The current zoning of Multifamily (R3) limits the development potential to a
single dwelling unit residence on any of ' the 30 ' frontage lots due to the size of the lots.
Any multifamily development would require a Conditional Use Permit. By rezoning it
benefits the applicants' ability to develop their lots, for a commercial purpose.
The adjacent land owners would potentially have a residential dwelling between 2
commercial businesses, or communication tower and businesses.
The community benefits would include the potential for a new commercial
enterprise or better cellular coverage.
These lots are within the Historic District identified in the City of Seward Zoning
Map, the historical ' ,Swetman House " is adjacent to the lots proposed for rezoning. The
benefit to the two lots becoming commercial may be a detriment to the character of'the
area and the adjacent property owners.
Does the size of the zoning amendment suggest that "spot zoning" is occurring?
This is a small parcel zoning,- Is the proposed area the appropriate boundaries of
the proposed amendment based upon the alleged benefits of the rezone on the
community'' The minimum appropriate boundary for this to maintain the benefit to the
community and safeguard the public would include a contiguous group of'parcels on the
west side of'Fifth Avenue. The owners oj'the parcels in objection to this rezone are the
ones that would be necessary to rezone with the applicants to avoid increasing any
inconsistency to the Comprehensive playa.
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