HomeMy WebLinkAboutOrd2020-011 Sponsored by: Planning&Zoning Commission
Introduction Date: August 24, 2020
Public Hearing Date: September 14, 2020
Failed: September 14, 2020
Reconsidered: September 28, 2020
Enactment Date: September 28, 2020
CITY OF SEWARD,ALASKA
ORDINANCE 2020-011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE ZONING DESIGNATION OF LOTS 3, 4-5
AND N1/2 LOT 6 BLOCK 16 ORIGINAL TOWNSITE SEWARD FROM
MULTI-FAMILY RESIDENTIAL (R3) TO CENTRAL BUSINESS
DISTRICT (CB)
WHEREAS, the property owner of Lot 3 Block 16 Original Townsite Seward submitted
an application to initiate a rezoning and paid the requisite filing fee, requesting their lot be
rezoned from Multi-Family Residential (R3)to Central Business(CB); and
WHEREAS, the property owner of Lot 4, 5 and the N 1/2 of Lot 6 Block 16 of Original
Townsite Seward signed as a co-applicant adding their property to the area to be amended; and
WHEREAS, the proposed area to be amended includes two (2) tax parcels containing
approximately.24 acres; and
WHEREAS, the existing western Central Business (CB) boundary is contiguous to the
parcels proposed to be rezoned as Central Business(CB); and
WHEREAS, the current zoning designation of the parcels is Multi-Family Residential
(R3), and the future Land Use Plan map recommends the parcels be zoned Central Business
district(CB); and
WHEREAS, Seward City Code Section §15.01.035 (b) (3) allows the consideration of
this rezone because the rezone would alter the existing zoning designation to the contiguous
zoning designation and would bring these specific parcels into conformance with the Land Use
Plan as approved by City Council in the 2030 Comprehensive Plan; and
WHEREAS, the Central Business District (CB) provides 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; and
CITY OF SEWARD, ALASKA
ORDINANCE 2020-011
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 21, 2020; and
WHEREAS, at the July 21, 2020 meeting, the Planning and Zoning Commission
reviewed the application, held a public hearing, and recommended City Council approval of the
proposed zoning amendment included in this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. The Seward City Council hereby authorizes the amendment of the official
Zoning Map of the City by amending the zoning designation of Lots 3, 4-5 and N 1/2 lot 6 Block
16 Original Townsite Seward from to Multi-family residential (R3) to Central business district
(CB).
Section 2. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 28th day of September, 2020.
THE CITY e F SEWARD, ALASKA
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Apr
Christy Ter , ► yor
AYES: Crites, Seese, Osenga, Baclaan, Terry
NOES: McClure
ABSENT: None
ABSTAIN: None
ATTEST:
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Council Agenda Statement
Meeting Date: August 24, 2020
To: City Council
Through: Scott Meszaros, City Manager;
Jackie C. Wilde, Community Development
Director_5R5
From: Eric A. Kozielski, Planner
Agenda Item: Ordinance of the Seward City Council, Amending the Zoning
Designation of Lots 3, 4-5 And N'/z of Lot 6 Block 16
Original Townsite Seward from Multi-Family Residential
(R3) to Central Business District (CB)
BACKGROUND & JUSTIFICATION:
This Ordinance will amend the zoning designation of Lots 3, 4-5 & N1/2 Lot 6 Block 16,
Original Townsite of Seward (OTS), from Multi-Family Residential (R3) to Central
Business District (CB). (Exhibit "A")
The property owner of Lot 3 Block 16 Original Townsite Seward, submitted an
application to initiate a 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 requested this rezone to bring the lots into conformance with the
Land Use Plan and to provide for future commercial uses allowed within the Central
Business (CB) district, possibly for a communications tower.
The Resolution was brought to the Planning and Zoning Commission for public hearing
June 2, 2020. The application was postponed due to a conflict between co-owners of Lot
2 BIock I6 where none controlled a majority share, and for staff to request support from
nearby property owners to rezone all the Multi-family (R3) zoning between Jefferson and
Adams Streets, Blocks 16 & 17 OTS, bringing this entire area into conformance with the
future Land Use Map.
Staff mailed eight letters to owners of these Multi-family (113) zoned properties on June
16, 2020, explaining the rezone and requesting comment. Staff made phone calls by June
22, 2020 explaining the letters and requesting whether the owner supported a rezone of
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Council Agenda Statement
Page 2 of 4
said area. Responses were accepted through June 30, 2020 so they may be tallied for the
commission meeting. There was a 62.5% response rate. Of those responding, 60%
opposed being included in rezoning the entire area but only 40% opposed the original
rezoning. 40% supported the original rezoning application or rezoning the entire area.
At the rescheduled P&Z Commission Meeting of July 21, 2020, staff brought forward the
original Resolution with the recommendation that Lot 2 Block 16 OTS be removed from
the rezoning application. Staff further recommended that Commission examine whether
this would constitute "spot" or contract zoning due to the increased zoning
inconsistencies along Block 16.
Per SCC §15.01.035 Amendments: Zoning and land use boundaries may be amended or
repealed by City Council following procedures in the section
15.01.035 (b) (1) c. - The request to amend the zoning of LOTS 3, 4-5 & N 1/2 LOT 6
BLOCK 16, OTS was initiated by petition of a 100% majority of the property owners
of this area to be amended.
15.01.035 (b) (3) - The request to amend the zoning of LOTS 3, 4-5 & NI/2 LOT 6
BLOCK 16, OTS contains Iess than one acre, approximately .24 acres, not including
street or alley rights-of-way;
However, the request to amend the zoning of LOTS 3, 4-5 & N1/2 LOT 6 BLOCK 16,
OTS. would alter the existing R3 to the contiguous CB and would bring these specific
parcels into conformance with the Land Use Plan as approved by City Council in the
2030 Comprehensive Plan. This contiguity was determined after research into the actual
location of zoning district boundary lines in the originally adopted zoning map,
(Exhibit "B").
INTENT:
Amend the Land Use Plan and Zoning Designation of Lots 3, 4, 5 and N 1/2 of 6 Block
16, Original Townsite from Multi Family Residential (R3) to Central Business District
(CB).
Research was done to compare the currently depicted official zoning map as compared to the original
official zoning map identified as the existing zoning map April 10, 1988 in ORD1989 626, and executed
in the January 2, 1990 map. The original indicates the boundaries following the centerlines of streets and
alleys; the current map depiction indicates boundaries at lot lines. None of the ordinances since officially
adopting the map have made changes to the original street centerlines as the zoning designation
boundaries.
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Council Agenda Statement
Page 3 of 4
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 Land Use Plans (page 1-14)
1. Update the zoning code 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 (Approved by Council Resolution 99-043):
Pursue the community's vision through rigorous implementation of the
2. Comprehensive and Land Use Plans. (Pages 10 H, Large Bullet 2) X
Update the Zoning Code to implement the Comprehensive Plan
(Pages 10-11, Small Bullet 4)
PUBLIC NOTICE:
Property owners within three hundred (300) feet of the affected area were notified of this
proposed land u,.e amendment. Public notice signs were po,;tc:d 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.
The first round of public notice mailings missed co-owners on properties. The process for
verifying the lot owners now includes an individual review of the Kenai Peninsula
Borough Assessing Department ownership information for each lot affected. Public
notice signs were posted on the property, and all other public hearing requirements of
Seward City Code §15. 01.040 were complied with.
FISCAL NOTE:
The City of Seward will have no costs associated with this amendment to the Land Use
Plan and change of zoning designation.
Approved by Finance Department
IT
ATTORNEY REVIEW: Yes`X No
PUBLIC COMMENT:
Comment solicited from the eight letters to owners mailed June 16, 2020 are as follows.
Leona Cange, the adjacent landowner to the south of the rezone area, submitted a letter of
objection. Two other phone conversations with Ms. Cange reiterated those concerns. Ms.
Coppock, the adjacent land owner to the north of the rezone area, stated in a telephone
conversation with staff 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. Ms. Coppock was also concerned that staff would seek support
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Council Agenda Statement
Page 4 of 4
to rezone all the Multi-Family zoned lots in the area. Mr. Hearn, one of the land owners
across the street to the east of the rezone area, stated he did not want to be involved in a
rezone but had no comment otherwise. Mrs. Clemens, another of the land owners across
the street to the east of the rezone area, stated she and her husband agreed that they
support rezoning the entire area, but this phone conversation was after the deadline on
July 20, 2020, and would not have made a majority of lot ownership in support of
rezoning the entire area. Of those other owners 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.
Public comment at the June 2, 2020 meeting included objection to the rezone from the
co-owner of Lot 2 Block 16 OTS, Meghan 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 her concern that the
procedure used for public noticing could be missing property owners. The applicant
Ristine Casagranda spoke on behalf of the rezoning for allowing for commercial uses on
the property and bringing the parcels into conformance with the Land Use Plan.
During the July 21, 2020 public hearing Ms. Cange's letter was part of the Agenda
Packet and cited the historic and residential character of the area. Ms. Casagranda spoke
in support of the rezoning citing the conformance to the land use plan and new economic
opportunities. Ms. Coppock spoke in opposition to the rezoning based on the residential
and historical character of this area as a boon to the overall character of town. Ms.
Griswold spoke in opposition to the rezoning stating that this would be considered spot
zoning and against the law.
RECOMMENDATION:
The Planning Commission approved the proposed application by a vote of 5 to 1.
Based on the small area of the rezoning, the inconsistency created in the zoning of this
area, and the potential for intense commercial development to sandwich residential
dwellings, community development recommends City Council examine the potential for
spot zoning prior to a vote,just as recommended to the Commission.
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Agenda Item: Ordinance of the Seward City Council, Amending the Zoning
Designation of Lots 3, 4-5 And Nl/2 of Lot 6 Block 16
Original Townsite Seward from Multi-Family Residential
(R3) to Central Business District (CB)
Exhibit "A"
335,331 FIRM Ave
Parc els
O Single Family Residential
Mufti Family Residential
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Central 0usiness District
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Zoning/Location Map- 335, 331 Fifth Ave
Request to Rezone lots from Multi family(R3) N Lots 3,4-6&N112 Lot 6 Block 16
to Central Business(CB) Original Townsite Seward
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- 1i correctly.MAP,is to ea used For orientation and rerF• _: p sea cn y. D.—Sr: EAK 07/291r2020
30
Agenda Item: Ordinance of the Seward City Council, Amending the Zoning
Designation of Lots 3, 4-5 And Nl/2 of Lot 6 Block 16
Original Townsite Seward from Multi-Family Residential
(R3) to Central Business District (CB)
Exhibit `B"
From the January 2, 1990 Zoning Map— Color added
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