HomeMy WebLinkAbout09072021 Planning & Zoning PacketPlanning and Zoning Commission
Regular Board Meeting
September 7, 2021
7:00 P.M. City Hall Council Chambers, 410 Adams Street
Seward Planning & Zoning Commission
Regular Meeting
September 7, 2021 7: 00 p.m. City Council Chambers,
410 Adams Street
Cindy Ecklund
Chair
Term Expires 02123
Tom Swann
Vice -Chair
Term Expires 02122
Gary Seese
Commissioner
Term Expires 02122
Craig Ambrosiani
Commissioner
Term Expires 02122
Nathaniel Charbonneau
Commissioner
Term Expires 02124
Vanessa Verhey
Commissioner
Term Expires 02123
Clare Sullivan
Commissioner
Term Expires 02124
Janette Bower
City Manager
Jackie C. Wilde
Community Development
Director
Courtney Bringhurst
Planner
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Citizens' Comments on any subject except those items
scheduled for public hearing. [Those who have signed in
will be given the first opportunity to speak. Time is limited to
3 minutes per speaker and 36 minutes total time for this
agenda item]
5. 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.]
6. Special Reports & Presentations
A. City Administration Report
B. Other Reports, Announcements & Presentations
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
1. Resolution 2021-014 Of The Seward Planning And Zoning Commission Of The City
Of Seward, Alaska, Recommending Kenai Peninsula Borough Approval Of The
Preliminary Right Of Way (ROW) Acquisition Plat For The Seward Airport On
Various Legals Located In Sec 2 & 3, T1S, R1W And Sec 34 & 35, T1N, R1W, Seward
Meridian SW, That Point Known As The Seward Airport, Physical Location, 2310
AirportRoad.............................................................................Page 3
B. New Business Items requiring a Public Hearing
1. Resolution 2021-019 Of The Seward Planning And Zoning Commission, Granting A
Conditional Use Permit To James Protzman To Construct A Mixed -Use Building On
Lots 37-40, Block 4, Original Townsite Of Seward Alaska, Located At 134 Fourth
Avenue; Within A Central Business (CB) Zoning District .........................Page 28
8. Unfinished Business
9. New Business
1. Review edits of Lodging and Dwelling Definitions from joint work session with City
Council on August 17, 2021.............................................................Page 46
2. Work session on September 21, 2021 @ 6:00 pm Topic: "Continue Update and
Review of Land Use Table and Planning For Ground Truthing"
3. Approval of August 3, 2021 regular meeting minutes................................Page 72
10. Informational Items and Reports (No action required)
A. PAS Quick Notes.............................................................................................. Page 78
B. 2021 Planning & Zoning Meeting Schedule ................................................... Page 91
C. City Calendars............................................................................................... Page 91
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
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2021-014
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI
PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY RIGHT
OF WAY (ROW) ACQUISITION PLAT FOR THE SEWARD AIRPORT ON
VARIOUS LEGALS LOCATED IN SEC 2 & 3, T1S, R1W AND SEC 34 &
35, TIN, R1W, SEWARD MERIDIAN SW, THAT POINT KNOWN AS THE
SEWARD AIRPORT, PHYSICAL LOCATION, 2310 AIRPORT ROAD.
WHEREAS, The Seward Airport has submitted a preliminary plat to the City of Seward
for review and recommendation to the Kenai Peninsula Borough; and
WHEREAS, this platting action will acquire Parcel 1, owned by Civil Air Patrol, Parcel
4, owned by Leirer Family Limited Partnership, and Parcel 5, owned by the City of Seward, in Sec
2 & 3, T1S, R1W and Sec 34 & 35, TIN, R1W, Seward Meridian SW, That Point Known As The
Seward Airport to create a new ROW for Runway 16/34, which will be shifted, lengthened, and
raised above the 100-year flood level; and
WHEREAS, the parcel located at 2310 Airport Road is zoned Industrial (I); and
WHEREAS, the property is currently serviced by municipal road, water, sewer, electric
and other utilities, but the exact parcels for acquisition are not developed and are part of the
Tidelands; and
WHEREAS, City staff have stated that a subdivision installation agreement is not required
for this replat; and
WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat
approval, were met; the property owners and leaseholders within 300 feet of the requested replat
were notified of the proposed subdivision, and the property was posted with public notice signage;
and
WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an
advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding
subdivision plat proposals.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission hereby recommends that, in accordance with Seward City Code
Section 16.01.015 (B), the City Council approve the submittal of the replat of Sec 2 & 3, T1S,
R1W and Sec 34 & 35, TIN, R1W, Seward Meridian SW, That Point Known As The Seward
Airport to acquire Parcel 1, owned by Civil Air Patrol, Parcel 4, owned by Leirer Family Limited
Partnership, and Parcel 5, owned by the City of Seward, to create a new ROW for Runway 16/34,
which will be shifted, lengthened, and raised above the 100-year flood level.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6th
day of July 2021.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Cindy L. Ecklund, Chair
4
P&Z Agenda Statement
01
004—
Meeting Date: July 6, 2021
Through: Jackie C. Wilde, Community Development Director
From: Courtney L Bringhurst, Planner
Agenda Item: Recommending City Council And Kenai Peninsula Borough
Approval Of ROW Acquisition Plat For The Seward Airport
Improvements On Various Legals Located In Sec 2 & 3, T1S,
R1W and Sec 34 & 35, TIN, R1W, Seward Meridian SW, That
Point Known As The Seward Airport. (Physical location 2310
Airport Road)
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the Kenai Peninsula Borough
Planning Commission is a preliminary plat submitted by Alaska DOT and PF. This platting action
acquires Parcel 1, owned by Civil Air Patrol, Parcel 4, owned by Leirer Family Limited Partnership,
and Parcel 5, owned by the City of Seward, in Sec 2 & 3, T1S, R1W and Sec 34 & 35, TIN, R1W,
Seward Meridian SW, That Point Known As The Seward Airport to create a new ROW for Runway
16/34, which will be shifted, lengthened, and raised above the 100-year flood level.
The Seward Airport has needed to make improvements for some time now that will substantially
reduce the damage the airport is experiencing from recurrent flooding, and to meet FAA design
standards based on current aircraft utilizing the airport and forecasted aviation needs.
Currently, the runway lighting is old and needs replacement. Much of the pavement needs
rehabilitation or replacement. Testing has revealed a weakened embankment under the pavement
of Runway 13/31, necessitating a restriction of allowable aircraft weights to those under 12,500
pounds. Improvement of aging and deteriorating airport facilities is another major goal of this
proj ect.
The river delta adjacent to the airport has been rising relative to airport elevations, increasing the
frequency and severity of overtopping floods. The main runway is now too low and in the direct
path of the river, which has been repeatedly damaging it during high water events. Overtopping
events were initially limited to the fall but have been occurring June through November in recent
years, making maintaining the runway increasingly difficult. In response to multiple flood events
during of the summer of 2013, DOT&PF constructed an emergency dike that is providing some
temporary relief.
The most recent revision of the Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Map (FIRM) has now established a regulatory floodway across the existing main
runway (RW 13/31) of the airport. By federal regulation, allowable construction is extremely
limited in a regulatory floodway. DOT&PF completed a hydrologic study to help identify and
evaluate feasible alternatives.
RW 13/31 is adjacent to the Resurrection River which has flooded it and Taxiway A repeatedly in
recent years, periodically closing the runway and causing ongoing repair expenses. To address this
problem, this project will shift, lengthen, and raise the current crosswind runway (RW 16/34) above
the 100-year flood level. Some taxiways will be raised to meet the new runway elevation while
others will be removed in accordance with current FAA guidance. New runway and taxiway lighting
will be installed. The river side of the raised runway will receive rip rap armoring to protect it during
flood events. The aprons will be repaved, and new navigation aids will be installed. RW 13/31 and
Taxiway A will be closed, but the runway embankment will be left in place as additional protection
against future flood events.
Three alternatives were evaluated during the scoping and environmental process. The current
project scope corresponds to Alternative 2.2 in the approved Environmental Assessment.
Alternative 2.2 had the most advantages and least number of disadvantages.
In accordance with Borough requirements, the City must review and comment on a plat before
submittal to the Borough for approval.
SUBDIVISION REVIEW:
Zonin,-: The property is zoned Industrial (I).
Size: The amount of land to be acquired is, 38.224 acres from Parcel 1, 1.986 acres from parcel 4,
and 25.395 acres from parcel 5.
Utilities: There are no utilities on these parcels. Tract "F" is served by the existing public utilities,
maintained streets and a hydrant.
Existing Use: The three parcels currently do not have any development, and are part of the
Seward Tidelands.
Access: These parcels will not have vehicular access, but will only provide an extended Right of
Way for the airport to shift, lengthen, and raise Runway 16/34.
Flood Zone: The lots are within an AE Flood Zone.
CONSISTENCY
CHECKLIST:
Yes
No
N/A
Comprehensive Plan (2030, approved by Council 2017):
Vol 1 Ch 2.2.12.5 - Air Traffic
• "Support the State's airport improvement plan"
1.
Vol 1 Ch 3.1.1.2 - Update and expand infrastructure for commercial
X
and industrial properties that are currently underdeveloped
0 "Support and improve airport. "
Vol 1 Ch 3.4.3 - Improve the usability of the state-owned airport
• "Encourage the State to:
o Complete and implement a flood mitigation project to
protect the runways from flooding"
Strategic Plan (1999):
Improve the state Airport
2
• "Develop a flood mitigation project to protect the runway from
X
flooding" (page 16).
Staff Comments:
Department
Comments
No
Comment
N/A
Building Department
X
Fire Department
X
Public Works
Department
I'm concerned about the hazard
easement / clear zone off of the
Dieckgraeff Road may conflict
with the Ci 's Snow Dump site
Harbor Department
X
Police Department
X
Electric Department
X
Telecommunications
X
Public Comment:
Lease holders within three hundred (300) feet of the proposed platting action were notified of this
public hearing. 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 this publication the Community Development Department has received no public
inquiries. If any correspondence is received after publication of this agenda statement, it will be
presented as a lay down item at the Commission meeting.
RECOMMENDATION: Commission approve Resolution 2021-014, recommending that, in
accordance with Seward City Code Section 16.01.015 (B), the City Council approve the ROW
acquisition plat for the Seward Airport improvements on various Legals located in Sec 2 & 3, T1S,
R1W and Sec 34 & 35, TIN, R1W, Seward Meridian SW, that point known as the Seward Airport.
VA
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
SUBSTITUTE RESOLUTION 2021-014
A SUBSTITUTE RESOLUTION OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF
THE PRELIMINARY RIGHT OF WAY (ROW) ACQUISITION PLAT
WITH AMENDMENTS FOR THE SEWARD AIRPORT ON VARIOUS
LEGALS LOCATED IN SEC 2 & 3, T1S, R1W AND SEC 34 & 35, TIN, R1W,
SEWARD MERIDIAN SW, THAT POINT KNOWN AS THE SEWARD
AIRPORT, PHYSICAL LOCATION, 2310 AIRPORT ROAD.
WHEREAS, The Seward Airport has submitted a preliminary plat to the City of Seward
for review and recommendation to the Kenai Peninsula Borough; and
WHEREAS, this Preliminary platting action recommends the acquisition of Parcel 1,
owned by Civil Air Patrol, Parcel 4, owned by Leirer Enterprises LLC, and Parcel 5, owned by the
City of Seward, in Sec 2 & 3, T1S, R1W and Sec 34 & 35, TIN, R1W, Seward Meridian SW, That
Point Known As The Seward Airport to create a new ROW for Runway 16/34, which will be
shifted, lengthened, and raised above the 100-year flood level; and
WHEREAS, the parcel located at 2310 Airport Road is zoned Industrial (I); and
WHEREAS, City staff have stated that a subdivision installation agreement is not required
for this ROW Acquisition Plat since per the definition of a subdivision, the land being acquired
will not be used for "future sale, lease, or building development" § 16.01.010; and
WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat
approval, were met; the property owners and leaseholders within 300 feet of the requested replat
were notified, and the property was posted with public notice signage; and
WHEREAS, the Planning and Zoning Commission held a joint work session with the Port
and Commerce Advisory Board, and the Seward Bear Creek Flood Board on August 11, 2021,
and agreed that there were certain conditions they felt were necessary to request in order to
approve this Preliminary ROW Acquisition Plat; and
WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an
advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding
Preliminary ROW Acquisition Plat proposals.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission hereby recommends that, in accordance with Seward City Code
Section 16.01.015 (B), the City Council approve the submittal of the Preliminary ROW
Acquisition Plat of Sec 2 & 3, T1S, R1W and Sec 34 & 35, TIN, R1W, Seward Meridian SW,
That Point Known As The Seward Airport with amendments proposing the action to acquire Parcel
1, owned by Civil Air Patrol, Parcel 4, owned by Leirer Enterprises LLC, and Parcel 5, owned by
the City of Seward, to create a new ROW for Runway 16/34, which will be shifted, lengthened,
and raised above the 100-year flood level.
Section 2. Amendments to this Resolution are as follows
1. The Planning and Zoning Commission recommends this resolution as long as the following
conditions are met:
a. Public access to the beach to the south of the Airport property is provided
b. A fire hydrant is installed on the Airport property
c. Water and sewer are brought to the Airport facilities
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th
day of September 2021.
AYES:
NOES:
ABSENT:
ABSTAIN:
THE CITY OF SEWARD, ALASKA
Cindy L. Ecklund, Chair
9
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
10
P&Z Agenda Statement
Meeting Date: September 7, 2021
Through: Jackie C. Wilde, Community Development Director
From: Courtney L Bringhurst, Planner
Agenda Item: Recommending City Council And Kenai Peninsula Borough
Approval Of Preliminary ROW Acquisition Plat With
Amendments For The Seward Airport Improvements On
Various Legals Located In Sec 2 & 3, T1S, R1W and Sec 34 &
35, TIN, R1W, Seward Meridian SW, That Point Known As
The Seward Airport. (Physical location 2310 Airport Road)
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the Kenai Peninsula Borough
Planning Commission is a preliminary ROW acquisition plat submitted by Alaska DOT and PF.
This platting action shows certain parcels the DOT wishes to acquire for the necessary ROW on the
new runway. Parcel 1 is owned by Civil Air Patrol, Parcel 4 is owned by Leirer Enterprises LLC,
and Parcel 5 is owned by the City of Seward. These parcels are located within Sec 2 & 3, T1S, R1W
and Sec 34 & 35, TIN, R1W, Seward Meridian SW, That Point Known As The Seward Airport, and
will be part of the Airport Improve Project to create a new ROW for Runway 16/34, which will be
shifted, lengthened, and raised above the 100-year flood level.
The Seward Airport has needed to make improvements for some time now that will substantially
reduce the damage the airport is experiencing from recurrent flooding, and to meet FAA design
standards based on current aircraft utilizing the airport and forecasted aviation needs.
Currently, the runway lighting is old and needs replacement. Much of the pavement needs
rehabilitation or replacement. Testing has revealed a weakened embankment under the pavement
of Runway 13/31, necessitating a restriction of allowable aircraft weights to those under 12,500
pounds. Improvement of aging and deteriorating airport facilities is another major goal of this
prc j ect.
The river delta adjacent to the airport has been rising relative to airport elevations, increasing the
frequency and severity of overtopping floods. The main runway is now too low and in the direct
path of the river, which has been repeatedly damaging it during high water events. Overtopping
events were initially limited to the fall but have been occurring June through November in recent
years, making maintaining the runway increasingly difficult. In response to multiple flood events
during of the summer of 2013, DOT&PF constructed an emergency dike that is providing some
temporary relief.
is
The most recent revision of the Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Map (FIRM) has now established a regulatory floodway across the existing main
runway (RW 13/31) of the airport. By federal regulation, allowable construction is extremely
limited in a regulatory floodway. DOT&PF completed a hydrologic study to help identify and
evaluate feasible alternatives.
RW 13/31 is adjacent to the Resurrection River which has flooded it and Taxiway A repeatedly in
recent years, periodically closing the runway and causing ongoing repair expenses. To address this
problem, this project will shift, lengthen, and raise the current crosswind runway (RW 16/34) above
the 100-year flood level. Some taxiways will be raised to meet the new runway elevation while
others will be removed in accordance with current FAA guidance. New runway and taxiway lighting
will be installed. The river side of the raised runway will receive rip rap armoring to protect it during
flood events. The aprons will be repaved, and new navigation aids will be installed. RW 13/31 and
Taxiway A will be closed, but the runway embankment will be left in place as additional protection
against future flood events.
Three alternatives were evaluated during the scoping and environmental process. The current
project scope corresponds to Alternative 2.2 in the approved Environmental Assessment.
Alternative 2.2 had the most advantages and least number of disadvantages.
In accordance with Borough requirements, the City must review and comment on a plat before
submittal to the Borough for approval.
SUBDIVISION REVIEW:
Zonin,-: The property is zoned Industrial (I).
Size: The amount of land to be acquired is, 38.224 acres from parcel 1, 1.986 acres from parcel 4,
and 25.395 acres from parcel 5.
Utilities: There are no utilities on these parcels.
Existing Use: The three parcels currently do not have any development.
Access: These parcels will not have vehicular access, but will only provide an extended Right of
Way for the airport to shift, lengthen, and raise Runway 16/34.
Flood Zone: The lots are within an AE Flood Zone.
CONSISTENCY
CHECKLIST:
Yes
No
N/A
Comprehensive Plan (2030, approved by Council 2017):
Vol 1 Ch 2.2.12.5 - Air Traffic
• "Support the State's airport improvement plan"
1.
Vol 1 Ch 3.1.1.2 - Update and expand infrastructure for commercial
X
and industrial properties that are currently underdeveloped
"Support and improve airport. "
Vol 1 Ch 3.4.3 - Improve the usability of the state-owned airport
iM
• "Encourage the State to:
o Complete and implement a flood mitigation project to
protect the runways from flooding"
Strategic Plan (1999):
Improve the state Airport
2
• "Develop a flood mitigation project to protect the runway from
X
flooding" (page 16).
Staff Comments:
Department
Comments
No
Comment
N/A
Building Department
X
Fire Department
X
*Public Works
Department
*Fm concerned about the hazard
easement / clear zone off of the
Dieckgraeff Road may conflict
with the Ci 's Snow Dump site
Harbor Department
X
Police Department
X
Electric Department
X
Telecommunications
X
`This Aviation and Hazard Easement already exists and is not part of the changes proposed in this
preliminary plat. The parcels being acquired will not conflict with the City's Snow Dump site.
Public Comment:
Lease holders within three hundred (300) feet of the proposed platting action were notified of the
public hearing. 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 this publication the Community Development Department has received no public
inquiries. If any correspondence is received after publication of this agenda statement, it will be
presented as a lay down item at the Commission meeting.
RECOMMENDATION: Commission approve Resolution 2021-014, recommending that, in
accordance with Seward City Code Section 16.01.015 (B), the City Council approve the preliminary
ROW acquisition plat with amendments for the Seward Airport improvements on various Legals
located in Sec 2 & 3, T1S, R1W and Sec 34 & 35, TIN, R1W, Seward Meridian SW, that point
known as the Seward Airport.
13
14
THE STATE
°'ALASKA
GO-V ERNOR MICI-UEL J. DUNLE A.VY
March 31, 2021
Jackie C. Wilde, Community Development Director
City of Seward Alaska
238 Fifth Avenue
Seward, Alaska 99664
Department of Transportation and
Public Facilities
DESIGN & ENGINEEERING SERVICES
Right of Way Engineering
PO Box 196900
Anchorage, AK 99519-6900
Phone Number: 907 269 0700
Toll Free: 800 770 5263
TDD: 907 269 0473
TTY: 800 770 8973
Fax Number: 907 269 0489
Web Site: dot.alaska.gov
In Re: Preliminary ROW Acquisition Plat for the Seward Airport Improvements 1 Z548570000
Dear Ms. Wilde
Find attached a submittal for Preliminary Right -of -Way Acquisition Plat approval. One full-size
and seven half-size Right -of -Way plans for the project are included. A check in the amount of
$75.00 to cover the plat processing fee is also included. Plat application has also been made to
the Kenai Peninsula Borough.
The project website can be accessed at:
http://www.dot.alaska.gov/creg/sewardairport/index.shtml
If you have any questions please don't hesitate to call me at (907) 269-0713 or toll free at 1-800-
770-5263.
Respectfully,
P. Louise Hooyer, P S, CFedS, SR/WA
ROW Engineering Supervisor �Z� Of Seward
Central Region Right -of -Way
Attachments: 1 Full-size Right -of -Way plan set APR 12 2021
7 Half-size Right -of -Way plans
Check for Plat submittal Community Development
cc: Joy Vaughn, PE, Project Manager
James Sowerwine, Project Coordination Supervisor
Randy Vanderwood, PE, Right -of -Way Chief, Central Region Right -of -Way
W:\Projects\Airports\Active—Airport Projects1S154857-SewardAirportlAdminlPlattinglPreliminary Plat Approval Request to
City of Seward.doc
Deep .-11aslur :1loviug ihrough service and infiasiniclrrrc.
M
'-I _01t% 144 N. Binkley Street, Soldotna, Alaska 99669 • (907) 714-2200 4 (907) 714-2378 Fax
PRELIMINARY PLAT SUBMITTAL FORM
QPRELIMINARYPLAT ❑ REVISED PRELIMINARY PLAT (no fee required)
PHASED PRELIMINARY PLAT❑PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION
- all requirements of chapter 20, excluding 20.30.210 and 20.50 apply and must be met.
SUBDIVISION PLAT NAME: must be a unique name, contact staff for assistance if needed.
Right of Way Acquisition-PlaffQr Seward Airport Improvements
PROPERTY INFORMATION:
legal description various legals located with portions of:
Section, Township, Range Sec 2 & 3, Tl S, R1 W and Sec 24 & 35, Tl N, Rl W, SM
General area description Seward Airport
City (if applicable) Seward I Total Acreage
SURVEYOR
Company: AK DOT&PF
Contact Person: Loulse Ho0 er,
Mailing Address: 4111 Aviation Ave
City, State, Zip Anchorage, AK 99502
Phone: 907-269-0713
e-mail: louise.hoovei-Aalaska.mv
PROPOSED WASTEWATER AND WATER SUPPLY
WASTEWATERQonsiteE CityOcommunity WATERansite Erity❑eommunity
SUBMITTAL REQUIREMENTS
A preliminary plat application will be scheduled for the next available plat committee meeting
after a complete application has been received.
❑ 1- full size paper copy
a 7 - reduced sized drawing (11 x 17)
❑ preliminary plat NON-REFUNDABLE submittal fee 400
n City Planning Commission minutes when located within city limits or Bridge Creek Watershed District
o certificate to plat for ALL parcels included in the subdivision
❑ documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.)
❑ ALL requirements of KPB. 20.25.070 (see page 2 for checklist) and KPB 20.25.080
EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the commission, with
substantial evidence justifying the requested exception and fully stating the grounds for the
exception request, and the facts relied upon, MUST be attached to this submittal.
1.
2.
3.
APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature
sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC,
partnership, etc., documentation is required to show authority of the individual(s) signing.
Contact KPB staff for clarification if needed.
OWNER(s)
Name (printed): Signature:
Phone: e-mail:
Name (printed):
Signature:
Phone:
email: A.
Name (printed): Signature:
Phone: e-mail:
FOR OFFICE USE ONLY
RECEIVED BY DATE SUBMITTED KPB FILE 9
iV
Hooyer, Patricia (DOT)
From: Andy Bacon <abacon @cityofseward. net>
Sent: Wednesday, February 24, 2021 11:59 AM
To: Hooyer, Patricia (DOT); Jackie Wilde
Subject: RE: Seward Airport Right of Way Acquisition Preliminary Plat approval
Hi Louise,
The City charges a $75 plat review fee. Please use the Borough application form to accompany your preliminary plat
submittal: https://www.kpb.us/images/KPB/PLN/Plan Comm/Forms/application_prelimina(y plat.pdf
Please let one of us know if you have any other questions, and we look forward to receiving the application
Andy Bacon
Planning Assistant
From: Hooyer, Patricia (DOT) <louise.hooyer@alaska.gov>
Sent: Wednesday, February 24, 2021 11:49 AM
To: Jackie Wilde <jwilde@cityofseward.net>
Cc: Andy Bacon <abacon@cityofseward.net>
Subject: Seward Airport Right of Way Acquisition Preliminary Plat approval
External Email: 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.
Jackie:
DOT will be submitting a preliminary plat, for the Seward Airport, to the City in a few weeks before we submit to the
Kenai Peninsula Borough. I am wondering if there are any platting fees attached to that submittal?
Thank you for your response.
Louise Hooyer, PLS, CFedS, SR/WA
SOA CR DOT&PF Right of Way Engineering Supervisor
907-269-0713
4111 Aviation Ave
Anchorage, AK 99502
APlease consider the environment before printing this e-mail.
City of Seward
APR 12 2021
Commuri ty Development
17
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Seward Airport
Improvements
ADOT&PF Project Number: Z548570000
AIP No. 3-02-0259-XXX-20XX
Project Need
The Main Runway (13/31) at Seward
Airport is frequently overtopped by the
Resurrection River, often several times a
year, forcing repeated closure and repair of
the Main Runway. Recurrent flooding has
resulted in a weakened runway
embankment, prompting the department to
reduce the loading on the runway to service
only light aircraft.
The frequency and severity of flooding has
been steadily increasing. The river is
directly adjacent to the Main Runway for
over half the runway length. Floodwaters
flow over the runway and threaten to cut
through the runway embankment during
high water.
Pavement on aprons and taxiways is old
with evident ponding and cracking. The
airfield lighting system is beyond its useful
life and needs to be replaced.
Project Description
The purpose of this project is make
improvements that protect the airport from
further flood damage while upgrading the
airport to current FAA standards.
Improvements include:
• Shift and lengthen Runway 16/34 to 75'
x 3,300';
• Raise Runway 16/34 above the design
flood elevation and provide armor
protection;
• Close Runway 13/31;
• Reconstruct taxiways to meet the new
runway elevation, and eliminate
taxiways within the center 1/3 of the
runway, per FAA guidance;
• install new airfield edge lighting and
electrical enclosure building;
• Install new airport beacon, segmented
circle, and wind cones;
• Repave the existing aprons and taxilane;
• Improve airport drainage;
• Purchase property for airspace.
Funding
The Alaska Department of Transportation
and Public Facilities (ADOT&PF) and the
Federal Aviation Administration (FAA) will
provide funding for the project
(approximately 6% and 94% respectively).
Schedule
Expected Milestones:
• Airport Layout Plan - Summer 2021
• Property acquisition — Summer/Fall
2021
• Final design — Fall 2021
• Construction — Summer 2022
Questions?
To learn more, submit questions or
comments, or sign up for the project email
list, please visit the project website at:
http://dot.alaska. og v/creg/sewardairnoi-t/ind
ex.shtml
Public Involvement Coordinator:
Robin Reich
Solstice Alaska Consulting, Inc.
Phone: (907) 929-5960
Email: solsticeak@solsticeak.com
ADOT Project Manager:
Joy Vaughn, P.E.
Phone: (907) 269-0812
Email: joy.vaughn@alaska.gov
alaska.gov
23
Etectrical
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Runway Safety
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Pavement Limits
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Fill Limits
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Boundary
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Seward, Alaska
Date: 2/12/2021 Figure: 1
State of Alaska
Department of Transportation and Pubiic Facilities
Central Region
Seward Airport Improvements
LAYOUT PLAN
JULY 2016
Figure 15. 100-year flood map for Alternative 1.1.
Alt 1.1-This design alternative raises the elevation of Runway 13/31 above the 100-year flood
with a 2-ft freeboard. Both runways remain above the base flood elevation. The Alt 1.1 water
surface elevations across the floodplain east of the runway are substantially higher than those of
the EG model. Water surface elevation increases of greater than 1 foot occur from Cross-section
D to Cross-section J. The maximum water surface elevation increase is 4.04 feet, and occurs at
Cross-section F. The private parcels in the middle of the Resurrection River floodplain are
completely inundated. At some areas of the 100-year floodplain between the Seward Highway
and Resurrection Bay, the eastern limit has expanded. At Cross -sections D and E, the Alt 1.1
floodplain boundary is 70 feet to the east of the Effective FIRM floodplain (red line). At Cross -
sections F and G, the Alt 1.1 floodplain boundary is 300 to 500 feet east of the EG model
boundary (dark blue line). Though it is within the Salmon Creek Effective FIRM floodplain
Zone AH, the Alt 1.1 water surface elevations of Cross -sections F and G are slightly higher (1-2
feet) than the FIRM base flood elevations there. At Cross-section K, the Alt 1.1 floodplain
boundary is approximately 400 feet northeast of the EG model boundary, but still within the
Salmon Creek Effective FIRM base flood and floodway boundary. See FIRM Panel 4544.
23
HYDRAULIC MAPPING SEWARD AIRPORT
AND MODELING HYDROLOGIC & HYDRAULIC REPORT
25
DOT&PF clarifications of items from public comment, the July P&Z meeting, & questions ahead of the
Aug. 111" joint work session:
1) The proposed airport improvements will leave the embankment of the existing long runway (RW
13/34) in place. Runway pavement/asphalt, lights, and NAVAIDS (VASI's) will be removed. Grass will
be planted on the existing embankment to stabilize and negate its appearance as a runway from the
air.
2) The proposed improved RW 16/34 embankment will be built to full runway strength beyond the
south end of the new runway and to the end of the embankment to facilitate eventual lengthening
of the runway when FAA approved operational forecasts support federal funding. DOT has gained
FAA approval to include a future, longer 4000-foot runway in federally reviewed planning
documents for implementation when justified.
3) Taxiway A, that connects the two runways, will be removed entirely, including the embankment, and
the area restored to like -natural conditions.
4) The only utility work included in the project is an extension to provide power to the new FAA PAPI
for the new runway, not to be confused with utilities for other purposes at the airport.
5) Tree clearing at the north end of the new runway is required to meet FAA standards for safe
approach and departure of aircraft. However, in response to public comments, we are re-evaluating
and discussing with FAA if there is any possibility of reducing the amount of tree clearing required.
We are also looking into whether we can reduce the amount of tree clearing south of the GA apron.
6) We are not filling in the pond to the north of the airport. In response to public comments, a buffer
of vegetation will remain around the pond.
7) FEMA flood regulations preclude placing fill in a regulatory floodway. Because a regulatory floodway
crosses the existing main runway (RW 13/31), the runway cannot be raised without placing fill in the
regulatory floodway. The flood map from the Hydrologic and Hydraulic report is attached (see Flood
Map). Hydrologic studies provided to the city and borough show that raising the main runway
above flood -level could cause floodwater levels to increase by as much as four feet in places and
cause the area of potential flooding to expand significantly, especially to the east of the Resurrection
River, potentially threatening the property of numerous Seward area residents and organizations.
8) According to hydrologists because a very large amount of sediment flows down the Resurrection
River, a dredged channel would not maintain itself and dredging would have to be done periodically
on a continual basis. This would be an additional DOT maintenance expense, not reimbursable by
the federal government. Since state transportation maintenance funds have been reduced
significantly over the last few budget cycles, there is already a shortage of funds for existing
maintenance commitments.
9) To restore strength to RW 13/31 would require reconstruction of the embankment, not merely
repaving. Alternative 1.1, reconstructing the long runway (RW 13/31) to existing dimensions and
raising it above flood level, would result in flood impacts to adjacent property owners, be expensive
to build and would not be eligible for federal funding.
10) Federal money (with a state match) is available for the proposed improvements to the existing
crosswind runway (RW 16/43) also known as Alternative 2.2.
11) The shortage of maintenance funds could prohibit the DOT&PF from frequently repairing flood
damage to RW 13/31 if the project were not to proceed.
`C
12) The proposed improved RW 16/34 will be of sufficient size to support fixed -wing medivac flights. If
the main runway is damaged beyond repair before the proposed improvements are completed,
fixed -wing medivacs may be unable to operate on the existing RW 16/34 because of its short length.
13) Will the airport improvements include water, sewer, electricity, and a fire hydrant? If not, is there a
plan to provide these improvements in the future?
The only utility work included in the project is an extension to provide power to the new FAA PAPI for
the new runway. There is not a plan to provide these utilities in the future.
14) Is the DOT responsible for the maintenance of the dry fire hydrant at the pond?
From our research DOT&PF did not install nor do we maintain this dry fire hydrant. From speaking
with the Seward Fire Chief, his understanding is that the dry fire hydrant was installed with a State of
Alaska grant that went to the City of Seward Public Works Department. Both the Fire Chief and
Public Works were unclear who has maintenance responsibility and are looking into it.
15) If the DOT only acquires the smaller triangle of the private property of the Leirer lot, is creating
access to the larger remainder required as part of the replat?
No, creating access is not required as part of the platting process.
16) Why hasn't DOT contacted and negotiated with the land owners already?
DOT&PF Right -of -Way doesn't contact land owners with a request to purchase or negotiate prior to
having an approved appraisal in conjunction with an approved preliminary Right -of -Way Acquisition
Plat. Obtaining the appraisal and the preliminary ROW Acquisition Plat is the current process we are
in. Once both of those have been approved we would proceed with contacting the owner with a
request to purchase and proceed with negotiations as needed. The size and location of the parcel
acquisition could change based on negotiations with the owner. Any changes agreed upon with the
owner would be reflected in the final ROW acquisition plat.
17) I'm concerned about the hazard easement / clear zone off of the Dieckgraeff Road may conflict with
the City's Snow Dump site.
This Avigation and Hazard Easement already exists and is not part of the changes proposed in this
preliminary plat. Since this comment is included in the meeting materials, please consider clarifying
this fact for readers.
18) What is the Right -of -Way acquisition plat process?
Please refer to Kenai Peninsula Borough (KPB) Code of Ordinances Title 20.10.070 Right-of-way
acquisition plat (see attached Code of Ordinances). In this ordinance it appears the KPB planning
director has the authority to approve the final plat without conferring with the city a second time if
they so choose. This is our understanding from reading the ordinance, you may want to consider
clarifying the process with KPB.
19) There has been some confusion as to whether this is a subdivision. If it is a subdivision, then City
code requires certain improvements, which is why some people have been asking whether or not
the City should require the DOT to provide utility improvements to the property. My understanding,
is that this is an ROW Acquisition Plat. There is no subdividing, just re -platting of the boundary of the
airport. Is this correct?
This is NOT a subdivision plat, this is a Preliminary Right -of -Way acquisition plat. The land added to
the airport would become State Land/Airport Property, and thus not a re -sellable parcel.
20) Is the ROW that is needed by the DOT on these three parcels simply a ROW for airspace, or also
land? If it also is a land ROW, will there be any construction on the land?
The ROW is needed for airspace and land use. The current project does not propose any
improvements be constructed on these acquisition parcels, however improvements may need to be
constructed on these parcels in the future based on airport need.
27
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2021-019
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO
JAMES PROTZMAN TO CONSTRUCT A MIXED -USE BUILDING ON LOTS 37-
40, BLOCK 4, ORIGINAL TOWNSITE OF SEWARD, ALASKA, LOCATED AT
134 FOURTH AVENUE; WITHIN A CENTRAL BUSINESS (CB) ZONING
DISTRICT
WHEREAS, James Protzman has applied for a Conditional Use Permit (CUP) from the
Seward Planning and Zoning Commission to construct a mixed -use building at 134 Fourth
Avenue, Lots 37-40, Block 4, Original Townsite of Seward, Alaska; and
WHEREAS, the property is in a Central Business (CB) Zoning District; and
WHEREAS, the applicant will be constructing a building with retail space and parking in
the lower level and twelve long-term dwelling units in the upper two floors; and
WHEREAS, there is a need in Seward for more year-round housing; and
WHEREAS, multiple businesses in the downtown, Central Business Zoning District also
currently have apartments or nightly rentals above their retail shops; and
WHEREAS, the applicant has complied with all of the public hearing requirements of
Seward City Code § 15.01.040;
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. According to SCC 15.10.320.D., the Commission shall establish a finding that
the use satisfies the following conditions prior to granting a conditional use permit:
A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and
the purposes of the zoning district.
Finding: The definition for the Central Business District states that it "provides for an
area of convenient, attractive, concentrated commercial development primarily
intended for retail, financial, entertainment, and professional services...". The
applicant will be using the property for this intended use, as well as the additional use
28
of housing, which is much needed in Seward. According to the Land Use Allowed
Table, § 15.10.226, Townhouses and Condominiums are allowed within a Central
Business District with a Conditional Use Permit. Home occupation is allowed outright
in a Central Business District.
B. The value of adjoining property will not be significantly impaired.
Finding: This condition has been met. Currently, the lot is vacant, and thus adding no
value to the adjoining property. Once developed, the property will significantly
increase the value of the adjoining properties. It will create additional retail as well as
housing, which will draw people to that area of town to support the restaurants and
shops already in that area.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This condition has been met. The proposal is in harmony with the Seward
2030 Comprehensive Plan (2017) and Strategic Plan (1999)
Seward Comprehensive Plan (approved by Council, May 30, 2017)
Vol I Ch 2.2.11 - Economic Base
• "Encourage the development of infrastructure expansion plans for
currently undeveloped residential and commercial property"
Vol I Ch 3.2 - Land Use
• "Promote residential and commercial development within the city of
Seward and its vicinity in accordance with community values."
Vol I Ch 3.3 - Housing
"Encourage development of new housing in Seward."
Strategic Plan (1999)
The Strategic Plan encourages construction of residential housing at all market
levels (Page 9).
Expand availability of affordable, diverse, year-round housing (Page 18)
D. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been met. Adequate water, sewer, and power are available
to the property as well as adequate fire, police and solid waste disposal services. City
Code requires that every business within the City must provide containers suitable for
refuse collection (SCC 14.05).
E. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been met. The building will be constructed following
International Fire Code and International Building Code. Also, separate, off-street
29
parking will be provided for the dwelling units, and the driveway cut for the
entrance/exit for he ground level parking has been approved by the Public Works
Department.
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 related to the proposed use.
Based on the above findings and conclusions, approval of the CUP shall be subject to the
following conditions:
1. The applicant shall work with City staff through the building permit process
to address and accomplish any required upgrades or modifications.
a. Prior to operation, the building will be constructed following
requirements per International Fire Code (IFC) and International
Building Code (IBC)
2. 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.
3. All parking and maneuverability shall remain on site for the life of the use.
4. Bear -proof / bird resistant containers shall be provided for all garbage and
refuse for the life of the use.
5. Per Seward City Code § 15.10.325(f). 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.
6. 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.
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, Subsections A through F are met by the applicant, and authorizes
30
the administration to issue a conditional use permit to James Protzman to construct a mixed -use
building at 134 Fourth Avenue, Lots 37-40, Block 4, Original Townsite of Seward, Alaska.
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.
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th
day of September 2021.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Cindy L. Ecklund, Chair
Kai
P&Z Agenda Statement
Meeting Date: September 7, 2021
Through: Jackie C. Wilde, Community Development Director
From: Courtney L. Bringhurst, Planner
Agenda Item: Resolution 2021-019 Application For A Conditional Use Permit
To Construct A Mixed -Use Building On Lots 37-40, Block 4,
Original Townsite Of Seward, Alaska, Located At 134 Fourth
Avenue; Within A Central Business Zoning District (CB)
BACKGROUND & JUSTIFICATION:
James Protzman has applied for a Conditional Use Permit (CUP) from the Seward Planning and
Zoning Commission to construct a mixed -use building on his property located at 134 Fourth Avenue
on Lots 37-40, Block 4, Original Townsite of Seward, Alaska.
Year-round housing is very limited and difficult to find in Seward. The proposed project for this
CUP would add 12 townhomes in Downtown Seward. The addition of homes and year-round
residents to Seward would greatly benefit the economy and community. Since the parcel is located
in a Central Business Zoning District, the applicant is planning on providing space on the ground
floor for a business. Currently, there are multiple downtown businesses that have apartments or
nightly rentals above their businesses. So, this combination of retail and housing would not be an
unprecedented use in the downtown, Central Business Zoning District.
Even though the Central Business District does not require parking to be provided, the applicant is
planning on constructing a separate, covered parking area on the parcel for the townhomes that he is
constructing. So, the addition of housing in the Central Business District will not cause additional
stress on the parking situation.
SURROUNDING LAND USE AND ZONING:
Development Requirements: The proposed structure for the business meets the Zoning Code
Development Requirements (Table 15.10.220) including lot coverage, minimum buildable lot size,
and building height.
Floodplain status: According to the Kenai Peninsula Floodplain Map, the area is not located
within a flood zone.
Utilities: Water, sewer, and power are available to the property and the applicant is planning on
connecting to all of those. Adequate fire, police and solid waste disposal services are available to
Kea
the property. City code also requires that every building or building site within the City must provide
containers suitable for refuse collection (SCC 14.05). All containers shall be watertight with an
animal -proof lid.
Parking: Since the property is located in the Central Business District, parking is not specifically
required. However, the site design shows that there will be 10 parking spots constructed on the
ground level of the building.
CONSISTENCY
CHECKLIST:
Yes
No
N/A
Comprehensive Plan (2030, approved by Council2017):
Vol I Ch 2.2.11 - Economic Base
• "Encourage the development of infrastructure expansion plans for
currently undeveloped residential and commercial property"
1
Vol I Ch 3.2 - Land Use
X
• "Promote residential and commercial development within the city of
Seward and its vicinity in accordance with community values."
Vol I Ch 3.3 - Housing
• "Encourage development of new housing in Seward."
Strategic Plan (1999):
The Strategic Plan encourages construction of residential housing at all
Z
market levels (Page 9).
X
Expand availability of affordable, diverse, year-round housing (Page 18)
Staff Comments:
Department
Comments
No
N/A
Comment
Building Department
Property will need to meet building
and fire code
Fire Department
Prior to construction, apply for a
building permit and provide stamped
engineered and architectural drawings
to meet locally adopted building and
fire codes.
Public Works
Provide an adequate snow removal
Department
plan and ensure that the entrance to the
parking does not conflict with current
street parking.
Harbor Department
X
Police Department
X
Electric Department
Locates required 811
Telecommunications
X
33
Public Notice:
Property owners within three hundred (300) feet of Lots 37-40, Block 4, Original Townsite of
Seward, Alaska were notified of this proposed conditional use permit action. 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 this publication the Community Development Department has received no public
inquiries regarding the proposed Conditional Use Permit. If any correspondence is received after
publication of this agenda statement, it will be presented as a lay down item at the Commission
meeting.
Recommended Conditions:
1. The applicant shall work with City staff through the building permit process to address
and accomplish any required upgrades or modifications.
a. Prior to operation, the building will be constructed following requirements per
International Fire Code (IFC) and International Building Code (IBC)
2. 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.
3. All parking and maneuverability shall remain on site for the life of the use.
4. Bear -proof / bird resistant containers shall be provided for all garbage and refuse for the
life of the use.
5. Per Seward City Code § 15.10.325(f). 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.
6. 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.
RECOMMENDATION: The Community Development Department staff recommends approval
of Resolution 2021-019, granting a conditional use permit to James Protzman to construct a mixed -
use building at 134 Fourth Avenue, Lots 37-40, Block 4, Original Townsite of Seward Alaska, in
the Central Business Zoning District (CB).
34
ma
City of Seward
JUN 2 8 2021
CITY OF SEWAR$ MmUnityDevelopment.
P. 0. Box 167
238.31h Awntie
Scivaril, Alaska 99664
Community Development
907.224.4048- Director
907.2` 4.1020- Plarntea
907.224.4049- Planning Assistant
CONDITIONAL USE PERMIT APPLICATION
This completed application is to be submitted to the Community Development Department no later than
four (4) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting.
Regular meetings are held the first Tuesday of each month. The application must be accompanied by the
$300 nonrefundable filing fee. In addition, please provide an as -built survey if the property has been
developed or a scaled site plan with elevations if the property is undeveloped.
Applicant: James Protzman Living Trust
Address: 6320 Mackay Street Anchorage Ak 99518
Telephone Number: (907) 232-6932 Email: 1protzman@alaskaff.com
Property Owner (if other than applicant):
Address:
Telephone Number: Email:
Property Description
Address: 134 Fourth Ave Seward, AK 99664 Lot Size: 8800
Lot: 37-38-39-40 Block: 4 Subdivision: Original Townsite of Seward Alaska
Kenai Peninsula Borough Tax Parcel ID Number: 14910001
Development Information
What structures are on the property? None
How is the property being used? Vacant at this time
What is the proposed use of the property?
Retail -Parking -Condos
What is the development timeline? next 18.24 months
Please note that prior to the Seward Planning and zoning Commission granting a Conditional Use
Permit, it shall be established that the proposed use satisfies the following conditions of Seward
City Code 15.10.320 (See the attached pages for specific City Code requirements)
Kid
A) The proposed use is consistent with the requirements of the Seward Zoning Code and the
designated zoning district. Please describe the use. Central Business (CB)
First flour (6) G-i snit
B) Describe any impacts to the adjoining properties and how property values may be affected.
-prapertips va" UavinQ fi Ill time wgirlents do lid also help the- resti imnts,_
C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can
view the plan at: htt ://www.cit ofseward.us/
0) Describe / list the public services and facilities that will serve the proposed use. (i.e., roads,
utilities.)
Water -Sewer -Storm Drain -Power -Washington Ave-4th Ave -Railroad Ave -Alley
E) The proposed project or use must not be harmful to the public health, safety and welfare.
Describe any mitigation measures that may be needed to protect the public health, safety and
welfare.
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F) Include building elevation plans and a site plan, drawn to scale. The site plan should include:
9) Property dimensions
2) Location and dimensions of existing and planned buildings
3) Parking configuration 21
4) Driveways and access
5) Natural features
6) Other pertinent information
37
I hereby certify that the above statements and other information submitted are true and accurate
to the best of my knowledge and that I have the following legal interest in the property:
Contract purchaser j
i understand that this item will be scheduled for action only it all application materials are
submitted not less than three weeks in advance of the next regularly scheduled Planning and
Zoning Commission meeting. Regular meetings are held the first Tuesday of every month.
Applicant Signature: JCi Lt1.z:L
Property Owner Signat r
Enclosed:
$300 Payment n✓
Dimensioned plot plan 1 drawings❑✓
Other:
38
134 FOURTH AVENUE
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CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
An Ordinance of the Seward City Council, Amending Portions of Seward City
Code 15.10.140 Definitions to Amend Definitions Related to: Apartment,
Boarding House, Dwelling, Duplex, Unit, Hostel, Hosted Lodging Unit,
Housing Unit, Insurance Company, Licenses, Listing, Listing Site, Lodging,
Motel, Multistory Unit, Owner, Short -Term Rental, Short -Term Rental
Transaction, Sleeping Unit, Townhouse, Transient, and Whole House Nightly,
and Enacting Language in 15.10.226 K Pertaining to Short -Term Rentals
WHEREAS, the Planning and Zoning Commission has held numerous public work
sessions on Title 15 updates; and
WHEREAS, the since 2018 the Planning and Zoning Commission has been working on
Dwelling, Housing and Lodging definitions; and
WHEREAS, 05/19/2020 public work session specifically addressed the Dwelling,
Housing and Lodging definitions; and
WHEREAS, the 05/19/2020, 10/20/2020, 12/15/2020, 1/19/2021 and the 5/4/2021 public
work sessions specifically addressed 15.10.140 and 15.10.226 Definitions and Land Uses
Allowed; and
WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and
requests of the public and promote economic growth; and
WHEREAS, it is in the public interest to maintain a city code that reflects community
needs; and
WHEREAS, it is in the public interest to maintain a city code that reflects the international
building and fire code; and
WHEREAS, at its July 6, 2021 meeting, the Planning and Zoning Commission approved
resolution 2021-012 recommending City Council approval the proposed City Code amendments.
t
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Section 15.10.140 is hereby amended to read as follows:
(1ethfeu-g6 = deletions and are bold, Underline = additions and are bold italics):
15.10.140 Definitions.
(a) General interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word "person" includes a corporation as well as an individual.
(4) The word "lot" includes the word "plot" or "parcel."
(5) The term "shall" is always mandatory.
(6) The word "used" or "occupied" as applied to any land or building shall be construed to
include the words "intended," "arranged," or "designed to be used or occupied."
(b) Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter,
unless otherwise provided or the context otherwise requires:
(1) Accessory b4klift�-structure. A detached structure that:
a. Is clearly incidental to and customarily found in connection with a principal
building or use;
b. Is subordinate to and serves a principal building or use;
C. Is subordinate in area, extent or purpose to the principal building or use served;
d. Contributes to the comfort, convenience or necessity of occupants, business or
industry in the principal building or use served; and
e. Is located on the same or adjacent lot under the same ownership as the principal
building or use served.
An accessory b structure shall be considered to be a part of the main building
when joined by a common wall or connected by a breezeway to the main building.
Accessory b4 structure means any structure regardless of type of foundation or
base support, including skid -mounted or other moveable structures.
(Ageessor-y or- mother- in law apar-tment. See Dwelling, Effieieney apartment)
(2) Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture,
viticulture, or animal and poultry husbandry including buildings used to shelter farm
implements, hay, grain, poultry, livestock or other farm produce in which there is no
human habitation and which is not used by the public.
(3) Airport. A place where aircraft can land and take off, usually equipped with hangars,
facilities for refueling and repair, various accommodations for passengers, and
business lease sites.
(4) Alley. A dedicated public way which affords a secondary means of access to abutting
property and not intended for general traffic circulation.
(5) Alteration. Any change, addition or modification in the construction, location or use
of a building.
(6) Amusement and recreation facility. Establishment engaged primarily in providing
entertainment for a fee including such activities as bowling alleys, billiards and pool,
47
dance hall, pinball machines, video games or other similar player -operated
amusement devices.
(7) Antenna. A device used to transmit and/or receive radio or electromagnetic waves
between terrestrially and/or orbital based structures. Includes satellite dish.
(8) 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 their own cooking independently of any other
individual or family in the same building
a. Commercial building apartment. An apartment located within a building
designed to accommodate a mix of residential and commercial uses.
b. Efficiency apartment (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.
C. Owner or manager apartment. An apartment within a building that is
designed to be used exclusively as the living quarters for the owner or
manager's family of that building or a commercial business located in the
building.
d. Studio apartment. A small apartment less than 500 square feet with a fully
functional kitchen and bathroom.
(Apartment. Seng)
(8) Auto repair station. A place where a qualified automotive mechanic provides
services such as general motor vehicle and engine repair, reconditioning or
rebuilding, and collision service including body, frame and fender straightening and
repair, painting and undercoating of motor vehicles.
10 M Auto service station. A place used primarily for the retail dispensing of motor
fuels and/or installation of tires, batteries and other accessories and services which
do not customarily or usually require the services of a qualified automotive mechanic.
Also known as a gas station.
(Bed and breakfast. See Lodging Hosted Lodging Unit)
11 Boarding house
a. An owner -occupied building which has not more than five rooms available
for rent or lease on other than a day-to-day basis and not open to transient
guests for residential occupancy and in which no cooking or dining facilities
are provided in the individual rooms.
b. Meals may be regularly prepared and served for compensation at a table,
family -style, without service or ordering of individual portions from a menu.
C. The term includes lodging house or rooming house but does not include
separate apartments with individual kitchen and bath facilities. (See Lodging)
12) Brewpub. An establishment that is primarily an eating place which includes the
brewing of beer as an accessory use.
13 " Building. Any structure built for the support, shelter or enclosure of persons,
animals, chattels or property of any kind.
48
14 "Buildin _ area. rea. A total area taken on a horizontal plane at the main grade level of
the principal building and all accessory buildings, exclusive of external steps.
15 "Building, existing_A building erected prior to the adoption of this Code or one
for which a legal building permit has been issued.
16 "Building height. The vertical distance above a reference datum measured to the
highest point of the coping of a flat roof or to the deck line of a mansard roof or to
the average height of the highest gable of a pitched or hipped roof. The reference
datum, which must be between the building and the property line or in a dedicated
public right-of-way that is accessible to fire suppression personnel and rescue
equipment, shall be selected by either of the following, whichever yields the greater
height of the building:
a. The elevation of the highest adjoining sidewalk or ground surface within a five-
foot horizontal distance of the exterior wall of the building when such a
sidewalk or ground surface is not more than ten feet above the lowest grade; or
b. An elevation ten feet higher than the lowest grade when the sidewalk or ground
surface described in subsection a., above is more than ten feet above the lowest
grade. The height of a stepped or terraced building is the maximum height of
any segment of the building.
17 {} Building_ principal or main. A building in which is conducted the principal or
main use of the lot on which the building is situated. Attached garages, porches and
carports shall be considered to be part of the principal building.
(Bunkhouse. See Housing)
18 {16}Business, general sales. A premises where the sale of goods or commodities to
the consumer takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book,
gift or apparel shops; fishing equipment, hardware or vehicle sales; restaurants;
vehicle rentals or variety stores.
19 "Business, personal service. The conduct of business where personal assistance
is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc.
20 "Campground. A plot of ground upon which two or more campsites are located,
established or maintained for occupancy by camping units as temporary living
quarters for recreational or vacation purposes.
a. Campground, municipal. Campgrounds owned or operated by the City and
designated as public campgrounds by resolution of the City Council.
b. Campground, private camper parks. A privately owned and operated
campground on any parcel, or adjacent parcels of land in the same ownership,
which is used by two or more camping units.
C. Campground, employee. An area operated by an established business with high
seasonal employment of transient workers as a housing alternative and not
construed to be a construction camp.
21 { } Camper park. A privately owned and operated campground on any parcel, or
adjacent parcels of land in the same ownership, which is used by two or more
camping units.
22 (2-0) Camping g unit. A tent or recreational vehicle.
49
23 " Child care, licensed home. In accordance with Alaska Statutes, a private
residence where adult care, protection and supervision is provided for children other
than the occupants. Also called day care, nursery school, preschool and kindergarten.
24 (22) Church. A building, structure or group of buildings or structures primarily
intended for conducting organized religious services and associated accessory uses.
The definition of a church shall be dependent upon U.S. Internal Revenue Service
and the Kenai Peninsula Borough Assessor's Office interpretation. A standard single-
family residence not remodeled for public meetings shall not be considered a church.
25 (2-3) Clinic. A building or portion thereof containing offices and facilities for
providing out -patient medical, dental or psychiatric services, and which may include
a dispensary to handle medication and other merchandise prescribed by physicians in
connection with their medical practice.
26 (24) Club, private. A building and related facilities owned or operated by a
corporation, association or group of individuals established for the fraternal, social,
educational, recreational or cultural enrichment of its members, but not primarily for
profit, and whose members meet certain prescribed qualifications for membership
and pay dues. Includes lodges.
27 (2-5) Cluster subdivision. A development design technique that permits a reduction in
lot area provided there is no increase in the number of lots permitted under a
conventional subdivision or increase in overall density of development by
concentrating buildings in specific areas on a site to allow the remaining land to be
used for recreation, common open space and preservation of environmentally
sensitive areas.
(Commercial building apartment. See Apartment Dwellin
28 (26) Commercial communications tower. A structure intended to support equipment
used to transmit and/or receive communication signals including monopoles, guyed
and lattice steel structures. This definition does not include a tower that supports only
one or more amateur radio antennas.
29 (24) Commercial use. An occupation, employment or enterprise that is carried on for
profit by the owner, lessee or licensee.
(Condominium. See Dwelling)
(Convalescent or nursing home. See Housing Unit)
30 (2-8) Convenience store. A small-scale neighborhood grocery establishment offering
for sale prepackaged food products, household items and other goods commonly
associated with the same and having a gross floor area of less than 5,000 square feet.
(Dormitory. See Housing)
31 (2-9) Drinking establishment. Any premises wherein the principal purpose is the retail
sale of alcoholic beverages for consumption on the premises and minors are excluded
therefrom by law. Includes bar, cocktail lounge, tavern and nightclub.
32 (30) Drive-in facility. Any portion of a building or structure which by design permits
customers to receive services, obtain goods or be entertained while remaining in their
motor vehicles.
33 " Dwelling. Means any building or portion thereof designed or arranged to
Provide year -around livinz for residential occupancy by not more than one family
50
and includes facilities for sleeping. cooking and sanitation.
Wased, let
hired
to be is the
home
or-
.
out
individual
oeenpied or- whieh oeenpied as
for- daily living doing his
or-
- - enee of
independently
an
and own
individual family in the building.
eookin
of any other-
or- same
designed to
Apartment,
neeommodate
a mix of residential and eommer-eial
A
uses.
e.
dwelling
effi.Eit!2E!.�
(also ealled aeees.sor-v apakmt!2� ). single
thnin habitable
separate
unit
eonsisting
of not on--p room
whieh
fneilifies,
hieh ,s loent •a
iiairi him-
and
w within o shares a eom
xvn wall
a. L Condominium. A form of housing ownership by which a person may
purchase and own one dwelling unit in a multiunit building or development.
Each owner owns a common interest in such things as the underlying land,
common walls, stairwells, elevators, lobbies, laundry rooms and recreation
rooms.
b. Duplex. A building containing two single-family dwelling units totally
separated from each other by an unpierced wall extendin,- from -round to
roof or unpierced ceiling and floor extendin,- from exterior wall to exterior
wall, except for a common stairwell exterior to both dwellin'- units.
c. g Guest house. An accessory building occupied on a temporary basis solely by
nonpaying guests.
rl fir. Mobile home. A factory -built home designed to be used as a year-round
residential dwelling and originally designed and mounted on wheels and/or axle
supports for transportation by another vehicle.
e. i-. Modular home. A factory -built residential structure that is transportable in
one or more sections, is built on a permanent chassis, and is used as a place of
human habitation, but which is not constructed with a permanent hitch or other
device allowing transport of the unit other than for the purpose of delivery to a
permanent site, and which does not have wheels or axles permanently attached
to its body or frame. Includes factory -built and manufactured home.
Multiple -family. A building designed as a residence for three or more
families, with the number of families in residence not exceeding the number of
dwelling units provided and each living independently of the other under one
roof.
62
(Single-family, attached. see townhouse
outside and whieh are attaehed to eaeh other by party walls withou
openings. Also eommonly ealled townhouse, row house and zero lot 1i - -
& l-. Single-family,, ate. A building designed and/or used exclusively for
occupancy of one family and entirely surrounded by open space on the same
lot.
fil. Two family or .112!t2i A building eontaining two singlyfamily dwelling
units tota I -from eaeh other by an unpiereed wall extending
from groundto roof or unpiereed eeiling and floor extending from ext-
wall to exterior- wall, exeept for a eommon stair -well exterior- to
dwelling units-.
h. rr Unit, dwelling unit. A building or- separate portion thereof eontai
family.kitehen, living, sleeping aeeommodations and at least one bathroom and
designed to be oeeupied exelusively as a Fesidenee by one A single
unit providing complete, independent livinz facilities for one or more persons,
includinz permanent provisions for livinz, sleepinz, eatinz, cookinz, and
sanitation.
i. Watchman or caretaker dwelling. An accessory dwelling associated with a
commercial or industrial building or structure for the purpose of housing a
watchman or caretaker and immediate family.
34 (3-2) Family. Any number of individuals not necessarily related by blood, marriage,
adoption or guardianship living together in a dwelling unit as a single housekeeping
unit and distinguished from a group occupying a rooming house, club, fraternity
house or hotel.
35 (33) Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar
animal commonly kept as livestock.
36 (34) Flea market. An occasional or periodic sales activity held within a building or
open area where groups of individual sellers offer goods, new and used, for sale to
the public, not to include private garage sales.
37 (3-5) Floor area, useable. That area used for or intended to be used for the sale of
merchandise or services or as leasable office space as measured from the interior
surfaces of the walls enclosing that part of the building. Such floor area which is used
or intended to be used for the storage or processing of merchandise, hallway or for
utilities or sanitary facilities is excluded from this computation of useable floor area.
38 (30 Fractions. In the determination of density, required parking spaces or other
requirements of this Code, computations resulting in a fractional number of 0.50 or
above shall be considered the next larger whole number.
39 (3-7) Garage, private. An accessory building or portion of a main building designed
or used solely for storage of motor vehicles, boats and similar vehicles owned by the
occupants of the building to which it is accessory.
40 (38) Greenhouse, commercial. A light -permeating structure used for cultivating and
growing plants in a controlled temperature and humidity environment where such
plants are offered for sale either on the premises or at another location.
6%
(Group care home. See Housing Unit)
(Guest house. See Dwelling)
41 Guest Room. A room used or intended to be used by one or more guests for living
or sleeping purposes.
42 (31) Guide service. Any premises used for collecting or returning persons from
recreation trips when remuneration is provided for the service.
(Halfway house. See Housing Unit)
43 (40) Health club. Includes, but is not limited to, gymnasiums (except public), private
clubs (athletic, health or recreational), reducing salons and weight control
establishments.
44 "Historic district. An area containing buildings or places in which historic events
occurred or having special public value because of notable architectural or other
features relating to the cultural or artistic heritage of the community of such
significance as to warrant conservation and preservation.
45 (42) Home occupation. 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.
46 (43) Home professional office. A home occupation consisting of the office of a
practitioner of a recognized profession.
47 Hostel. A building, or portion thereof, in which temporary or overnight lodging is
Provided for hikers, cyclists or other travelers not zenerally travelin'- by car. (See
Lodging)
48 Hosted lodging unit.
a. An owner occupied sin -le -family residential dwellin'- where the owner
resides at the dwellinz unit while it is bein,- rented.
b. A room or group of rooms in which sleeping accommodations are furnished
for compensation or other services may be furnished by the owner or operator
to any individual not a family member.
C. A hosted lodzin,- is limited to a home occupation within an owner -occupied
dwellinz 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.
d. A hosted lodzin,- unit is allowed in R1, R2, RR, R3, and UR zonin'- districts.
49 ( Hotel. A facility with six or more guest rooms and on -premises
manazement offerinz transient lodzin,- accommodations to the-eneral public on
a daily rate where access to all sleepin,- rooms is throu,-h a main entrance and
which may provide food, entertainment, meetin'- rooms, recreational facilities or
various personal services. Includes lod,-es and inns.
(ff22j±LSee Lodging)
(-- -- -ee — Lodging)
53
50 (44) Housing Unit. Struetures providing housing for groups of people,
students, employees of! numing home . A dormitory or a group of cells
with a common dayroom.
a. Bunkhouse. A building used as living quarters for people such as cannery
workers or construction laborers where shower and sanitary facilities are shared
and in which there are no individual cooking facilities.
b. Convalescent or nursing home. A structure with sleeping rooms where persons
are housed or lodged and are furnished with meals, nursing and medical care.
C. Dormitor.A building used as residential group living quarters for a student
body or religious order as an associated use to a school, orphanage or other
similar institutional use, and does not include kitchen facilities except a group
kitchen facility to serve all residents.
d. Group care home. A dwelling shared by no more than five disabled persons,
plus resident staff, who live together as a single housekeeping unit and in a
long-term, family -like environment in which staff persons provide care,
education and participation in community activities for the residents with the
primary goal of enabling residents to live as independently as possible in order
to reach their maximum potential. The term "group care home" shall not include
alcoholism or drug treatment centers, work release facilities for convicts or ex -
convicts or other housing facilities serving as an alternative to incarceration.
e. Halfway house. A licensed home for inmates on release from more restrictive
custodial confinement, or initially placed in lieu of more restrictive custodial
confinement, wherein supervision, rehabilitation and counseling are provided
to mainstream residents back into society, enabling them to live independently.
Such placement is pursuant to the authority of the Alaska Department of
Corrections.
f. Substance abuse treatment facility. A facility for the purposes of temporary
or long-term inpatient treatment of victims of alcohol or drug use or
addiction.
_ 1 Insurance Company. Any insurance agent and/or company through which a
Licensee has obtained an insurance policy to protect the property being used as a
Short -Term Rental.
52 (45) Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or
machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap
building materials, metals, rubber, paper, plastic or other scrap materials.
52 (46) Kennel. Any enclosure, building, shelter, area or establishment used for the
purpose of breeding, buying, selling, keeping or boarding five or more dogs over the
age of four months, whether for profit, pleasure, or as pets, by any person, individual,
corporation, group of people or business entity. Does not include an animal shelter.
53 Licenses. Any natural person holding a Short -Term Rental license issued by the
Community Development Department.
54 Licenses. (?) depending on the location, certain documents are required before you
can legally rent out space within your home to travelers.
54
55 Listing. the profile of a property on a listing site or Online Travel Agency and
generally includes a title, description, photos and pricing.
56 Listing site. Also known as "Online Travel Agency (OTA)' . Third -party agents that
list accommodations and advertise them through their own network. VRBO and
Airbnb are examples of vacation rental listing sites.
57 {47-) Livestock. Generally accepted large (over 250 pounds) and small (under 250
pounds) outdoor farm animals (i.e., cows, goats, horses, pigs, barnyard fowl, etc.).
Does not include cats, dogs and other common household pets.
58 (48) Loading space. A space located on premises for pickup and delivery at the
premises. Required off-street loading space shall not be included as an off-street
parking space.
59 {49-) 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.
eompeHsafioH oH a short term basis. The term does Hot iHeh
boar-dinghouses and separate apartments whieh are Wased on a month to
month or- longer- basis.
b. -Boar-dine or- r-o n owner- oereopied building whieh has not more
than five r-ooms available for- r-ent or- lease on other- than a day to day b
eooking or- dining foeilifies are provided in the individual r-ooms. Meals
may be r-egular-ly pr-epar-ed aHd served for- eompeHsatioH at a table, Family
style, without ser-viee or- ordering of individual portions 4om a menti. The
term ineludes lodging house or- r-ooming house but does not ine
separate apartments with individual kitehen and bath fneilifies.
lodging is provided for- hikers, eyelists or other travelers not
tr-avefiHg by ear-.
d. Hotel. A fneility with A guest r-ooms and on premises
management offering transient lodging neeommodations to the general
e. Motel. A building, or- gr-oup of detnehed or- eonneeted buildings, having six-
ential dwelling wher-e lodging with a men! is pr-ovided for-
or- more guest r-ooms, �r- and par-ki
rate. ineludes designations sueh as motor- lodges, anto eour-ts, tour-ist eour-ts
aHd similar- terms.
61
60 (50) Lot. A parcel of land of at least sufficient size to meet minimum zoning
requirements for use, coverage and area and to provide such yards and other open
spaces as are herein required. Such lot shall have frontage or access on a public street
or on an approved private street and may consist of:
a. A single lot of record;
b. A portion of a lot of record;
C. A combination of complete lots of record, or complete lots of record and
portions of lots of record, or portions of lots of record; or
d. A parcel of land described by metes and bounds, provided that in no case of
division or combination shall any residual lot or parcel be created which does
not meet the requirements of this chapter and that, in the case of multiple lots
or portions thereof, the property be replatted to eliminate interior lot lines.
1. Lot area. The total horizontal area within the lot lines of a lot, exclusive
of streets and alleys.
2. Lot, buildable or useable area. That portion of a lot that a prudent person
would use to construct a building and provide required parking. This
excludes lakes and rivers, creeks, cliffs, marshes and other similar natural
obstacles to development with the property counting toward minimum
required size.
3. Lot, corner. A lot situated at the intersection of two or more streets having
an angle of intersection of not more than 135 degrees.
4. Lot coverage. The area of a site covered by building or roofed areas,
including covered porches, decks and accessory buildings, but excluding
allowed projecting eaves.
5. Lot depth. The horizontal distance between the front and rear lot lines
measured on the longitudinal centerline.
6. Lot, interior. A lot other than a corner lot.
7. Lot line, front. In the case of an interior lot, a line separating the lot from
the street. In the case of a corner lot, the owner may choose which street
he shall designate as the front of the lot. Once the choice of frontage has
been made, it cannot be changed unless all requirements for yard space
are met.
8. Lot line, rear. A line opposite and most distant from the front lot line and,
in the case of irregular or triangular shaped lots, a line not less than ten
feet in length within the lot, parallel to and at the maximum distance from
the front lot line.
9. Lot line, side. Lot boundary not a front lot line or a rear lot line.
10. Lot line, zero. The mean horizontal line whereby two adjacent buildings
from adjacent lots can be constructed with a common party wall providing
a proper fire wall rating. All other aspects are the same as in conventional
development.
11. Lot width. The average horizontal distance separating side lot lines of a
lot and at right angles to its depth.
67.
61 (54-) Lumberyard.An establishment that sells sawn timber and other building
materials typically stored on the premises.
62 (5-2) Manufacturing heavy. A use engaged in the basic processing and manufacturing
of materials or products predominately from extracted or raw materials; or a use
engaged in storage of or manufacturing processes using flammable or explosive
materials; or storage or manufacturing processes that potentially involve hazardous
or commonly recognized offensive conditions.
63 (53) Manufacturing, light. A use engaged in the manufacture, predominantly from
previously prepared material, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales and distribution
of such products, but excluding basic industrial processing.
64 (54) Marijuana. Marijuana means "marijuana" as that term is defined in Alaska
Statute 17.38.900 and any amendments thereto.
65 (5-5) Marijuana establishment. Marijuana establishment means a marijuana
cultivation facility, a marijuana testing facility, a marijuana product manufacturing
facility, or a retail marijuana store as those terms are defined in AS 17.38.900 and
any amendments thereto.
a. Marijuana cultivation facilit3L-Marijuana cultivation facility means an entity
registered to cultivate, prepare, and package marijuana and to sell marijuana to
retail marijuana stores, to marijuana product manufacturing facilities, and to
other marijuana cultivation facilities, but not to consumers.
1. Limited marijuana cultivation facilit.A limited marijuana cultivation
facility has the privileges set forth at 3 AAC 305.405(a) and (b), and is
subject to the prohibitions at 3 AAC 306.405(c), except that it must have
fewer than 500 square feet under cultivation.
b. Marijuana product manufacturingfacility. Marijuana product manufacturing
facility means an entity registered to purchase marijuana; manufacture, prepare,
and package marijuana products; and sell marijuana and marijuana products to
other marijuana product manufacturing facilities and to retail marijuana stores,
but not to consumers.
C. Marijuana testing fg acility.Marijuana testing facility means an entity registered
to analyze and certify the safety and potency of marijuana.
d. Retail marijuana store. Retail marijuana store means an entity registered to
purchase marijuana from marijuana cultivation facilities, to purchase marijuana
and marijuana products from marijuana product manufacturing facilities, and
to sell marijuana and marijuana products to consumers.
66 (50 Marijuana products. Marijuana products means concentrated marijuana products
and marijuana products that are comprised of marijuana and other ingredients and are
intended for use or consumption, such as, but not limited to, edible products,
ointments, and tinctures.
67 (5-7) Marina. A facility for storing, servicing, fueling, berthing and securing and
launching of boats that may include the sale of fuel and incidental supplies for the
boat owners and guests. Also includes harbor.
(Mobile home. See Dwelling)
57
68 (58) Mobile home park. A parcel or adjacent parcels of land in the same ownership
upon which two or more mobile homes are located or for which space is leased or
held out for lease or use on a month -to -month or longer basis. This does not include
sale lots on which unoccupied mobile homes are parked for inspection and sales and
shall not be construed to mean tourist facilities for parking of travel trailers, motor
homes or campers.
69 (5-9) Mobile medical unit. A trailer, motorized coach or van capable of being
transported from place to place, containing medical equipment such as a CT scanner,
MRI or similarly complex medical diagnostic device or decontamination equipment.
(Modular home. See Dwelling)
70 Motel. A building, or group of detached or connected buildings, having six or more
guest rooms, an on -premises manager and parking conveniently located on the
premises, which are designed primarily to offer sleeping accommodations, with or
without meals, to the motoring public on a daily rate. Includes designations such
as motor lodges, auto courts, tourist courts and similar terms. (See Lodging)
(Multiple-family._See Dwelling)
71 Multistory Unit. A dwelling unit or sleeping unit with habitable space located on
more than one story.
72 00) Nonconforming building_Any building or portion thereof lawfully existing at
the effective date of the ordinance affecting it and which does not conform to all of
the use, height and density regulations of the zone in which it is located.
73 " Nonconforming use. A use which lawfully occupied a building or land at the
effective date of the ordinance affecting it that does not conform to the use provisions
of the zoning district in which it is located.
74 "Noxious use. A use which is injurious or harmful to health, highly disagreeable
or offensive.
75 " Office. A building or portion of a building wherein services are performed
involving predominantly administrative, professional or clerical operations; i.e.,
travel, insurance, employment, utility, public service or government agencies.
76 (64) Open area. Open area is any portion of the lot not:
a. Covered by a structure, or;
b. Used for parking spaces and maneuvering.
77 (46-5) Owner. AA"- individtial, f;•mr syndiea4e, pat4nefship, eeTer-a4ien,
Any person, agent, operator, entity, firm or
corporation having any legal or equitable interest in the property; or recorded in
the official records of the state, borough or municipality as holding an interest or
title to the property; or otherwise having possession or control of the property,
including the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession of real
property bV a court.
78 (66) Park. Any public land available for recreational, educational, cultural or aesthetic
use.
58
79 0-7) Parkin _ area. rea. A structure or an open area, other than a street, alley or other right-
of-way, on which vehicle parking spaces are defined, designated or otherwise
identified and available, whether free or for compensation, for use by the public,
clients, tenants, customers, employees or owners of the property for which the
parking area is required by ordinance.
80 (68) Parking requirements as stated in terms of employees. The maximum number of
employees who will be at the site at one time on either a single shift or an overlap of
shifts.
81 0-9) Parking space, off-street. A designated area sufficient in size to accommodate
one motor vehicle, exclusive of maneuvering room, designed with adequate
independent access to, but located off, any street, alley or other right-of-way.
82 (70) Parking, valet. Attendant parking provided as a service to patrons of commercial
establishments.
83 " Peddler. A person who, with no fixed place of business, goes from house to
house, place to place, or from store to store transporting goods, wares or merchandise
for sale or offering or exposing the same for sale or making sales and delivering
articles to purchasers. (See Transient merchant and Vending, Street.)
84 ( ) Planned unit development. A land development under unified control that is
planned and constructed in its entirety as a single development operation or in a series
of programmed stages. The development may include streets, circulation ways,
utilities, residences, commercial buildings, open spaces and other site features and
improvements some of which may not otherwise be individually permitted.
85 (7-3) Profession. An occupation or calling requiring the practice of a learned art
through specialized knowledge, training, experience or a degree issued by an institute
of higher learning; i.e., doctor of medicine, lawyer, engineer or real estate broker.
86 (74) Professional office. The office of a member of a recognized profession
maintained for the conduct of that profession.
87 (7-5) Recreational, indoor commercial. A facility accommodating such indoor
recreation activities as skating rinks, bowling lanes or shooting/archery ranges.
88 (70 Recreational, outdoor public. Outdoor recreation facilities such as sports fields,
ice rinks, playing fields or miniature golf.
89 (7-7) Recreational vehicle. A vehicle used or intended to be used as transient living or
sleeping quarters for humans and which may be driven, towed or propelled from one
location to another without change in structure or design, whether or not the same is
supported by wheels or identified by a model, serial or vehicle registration number.
Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes,
truck campers and similar vehicles.
90 (7-8) Recreational vehicle (RVhpark. Any parcel of land upon which two or more
recreational vehicle sites are located, established or maintained for commercial
occupancy by recreational vehicles of the general public as temporary living quarters
for recreation or vacation purposes. Includes trailer park and camper park.
91 (7-1) Recycling center. A building in which used material is separated and processed
prior to shipment to others who will use those materials to manufacture new products.
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92 (" Recycling collection point. An incidental use serving as a neighborhood drop-
off point for temporary storage of recoverable resources. No processing of such items
would be allowed. This facility would generally be located in a shopping center
parking lot or in other public/quasi-public areas such as churches and schools, as
opposed to being allowed on residential or vacant lots.
93 {84-} Repair service, household/appliance. A business establishment where repairs are
made to appliances and furniture.
94 {8-2} Residence. A home, abode or place where an individual is actually living at a
specific point in time.
95 (" Resource extraction. Commercial or industrial operations involving the removal
of nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or
any operations having similar characteristics. Said use includes the use of heavy
equipment such as loaders, dozers, backhoes and crushers.
96 {84) Restaurant. An establishment whose principal business is the sale of food and/or
beverages to customers in a ready -to -consume state and whose principal method of
operation includes one or both of the following characteristics:
a. Customers, normally provided with an individual menu, are served their foods
and beverages by a restaurant employee at the same table or counter at which
the food and beverages are consumed; and/or
b. A cafeteria -type operation where food and beverages generally are consumed
within the restaurant building.
97 {8-5} Restaurant, fast-food. An establishment whose principal business is the sale of
quickly prepared, ready -to -eat food and/or beverages for consumption within the
restaurant building, within a motor vehicle parked on the premises, or off the
premises as carry -out orders, and whose principal method of operation includes the
following characteristics: orders are generally taken at a main counter or drive -up
window and food and/or beverages are usually served in disposable wrapping or
containers. This includes drive-in and carry -out restaurants.
98 (86) Right-of-way.An area or strip of public land which incorporates or is intended
to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs,
gutters, landscaping and/or public utilities.
99 (" Salvage yard auto wrecking scrap, junk).Any area used for the storage, keeping
or abandonment of junk or waste material, including scrap metal or other scrap
materials, or for the dismantling, demolition or abandonment of automobiles,
machinery, other vehicles or parts thereof.
100 (88) School. Any public, religious or nonprofit facility providing a general
curriculum of academic or vocational instruction serving any or all grades between
kindergarten and twelfth grade.
101 (" School, commercial. A facility providing commercial instruction in such
activities as music, dance, arts, crafts and sailing.
102 f" School, adult vocational. A facility providing a general curriculum of adult
academic or vocational instruction.
103 (947) Setback. The required minimum distance from a right-of-way or lot line that
establishes the area within which only fencing, landscaping, driveways, parking and
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similar uses are permitted. Any structure including, but not limited to, decks,
stairways, porches or other attachments to a building are specifically prohibited in
the setback. Building eaves are permitted to extend into the setback a maximum of
two feet.
104 (9-2) Shopping center. A single complex which provides a combination of retail
establishments designed in such a manner as to provide convenience for shoppers
with common parking facilities. Includes mall.
105 Short -Term Rental (STR). Furnished self-contained homes that are rented for
short periods of time, usually by the day as opposed to annual rentals in the
unfurnished apartment/housin,- rental market.
106 Short -Term Rental Transaction. A transaction whereby a Licensee accepts
payment or any other remuneration from another person for lod,-ins
accommodations for a period of less than thirty (30) consecutive days.
(Single-family,. See Dwelling)
107 Sleeping Unit. A room or space in which people sleep, which can also include
permanent provisions for livinz, eatinz, and either sanitation or kitchen facilities
but not both. Such rooms and spaces that are also part of a dwellin,- unit are not
sleepinz units.
108 (" Solid waste facility. A disposal site employing an engineering method for
disposing of solid wastes in a manner that minimizes environmental hazards. Includes
landfill, compactor, transfer, etc.
109 0)4) Storage. A structure or designated area that provides space for storing.
a. Container. An accessory storage use consisting of containers such as semi -
tractor vans, shipping containers and conex containers originally designed to
transport goods and materials via highway, rail, air or sea, which are placed on
a parcel of land and used for covered storage provided that all wheel assemblies
have been removed, and the unit is located outside any setbacks. Containers,
whether temporary or permanent, are considered a structure and must comply
with current adopted building codes. Railroad box cars are excluded except in
the industrial zone. (See Accessory Use/Building, Building, and Structure)
b. Outdoor. The commercial keeping, in an unroofed area and usually enclosed by
a fence, of any goods, junk, material, merchandise or vehicles in the same place
for an extended period of time. In the harbor commercial area, the use is limited
to the storage of boats only.
C. Self-service. A building or group of buildings consisting of individual, small,
self-contained units that are leased or owned for storage of business and
household goods or contractors' supplies. Includes mini warehouses.
d. Warehouse and distribution. A building used primarily for the storage and/or
distribution of goods, products, materials, supplies and equipment, but
excluding bulk storage of materials that are flammable or explosive or that
create hazardous or commonly recognized offensive conditions.
110 (95) Street. A dedicated public way which affords the principal means of access to
abutting property, such as an avenue, place, drive, boulevard, highway or other
similar public thoroughfare, except an alley as defined herein.
110 (96) Structure. Anything constructed or erected on the ground or attached to
something having location on the ground, including, but not limited to, buildings,
towers, and sheds. Fences, retaining walls less than three feet in height, signs and
similar improvements of a minor character are excluded.
111 (" Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt.
112 (98) Temporary structure. A structure without any foundation or footings as allowed
by the adopted building code which must be completely removed from the parcel
when the temporary permit for the structure/use expires.
113 Townhouse. A building containing two or more dwelling units, each of which has
Primary ground floor access to the outside and which are attached to each other by
Party walls without openin-s. Also, commonly called sin -le family attached, row
house and zero -lot line. (SCC 15.10.235).
114 (" Trailer. A structure standing on wheels, towed or hauled by another vehicle and
used for carrying materials, goods or objects or as a temporary office or business.
115 Transient. Occupancy of a dwelling unit or sleeping unit for not more than 30 days.
116 (1" Transient merchant. Any person, partnership, firm or corporation, whether a
resident of the City or not, who engages in a temporary business, within a period not
exceeding 150 consecutive days in a calendar year, of selling and delivering goods
and/or services, wares and merchandise for profit or nonprofit within the City by
operating on a door-to-door, street corner or similar basis; or from no fixed location
or office; or from a location out-of-doors or in quarters that are easily moveable, such
as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers,
solicitors, itinerant merchants and vendors. Does not include vehicles for hire.
(Two-family. o�plex. See Dwelling)
(Unit, dwel���See Dwelling)
117 (" Utility, public facility.An installation owned by an agency under public
franchise or ownership, or under certificate of convenience and necessity, providing
the public with electricity, gas, heat, steam, communication, water, sewage collection
or other similar service.
118 (N-2) Vehicle, motor. A self-propelled device used for transportation of people or
goods over land surfaces and licensed as a motor vehicle.
119 (4" Vending. The sale of food, services or merchandise.
a. Hawking. Is the loud or continuous audible solicitation of business by a vendor
to the general public.
b. Mobile vending cart. Is a non -motorized structure or unit on wheels that is
easily moved and used for vending.
C. Mobile vendor. A person or business that sells food or permitted types of goods
from City -approved locations using (i) a licensed vehicle or cart capable of
movement; or (ii) a licensed trailer pulled behind a motor vehicle.
d. Pre -packaged food. Ready -to -eat food that is cooked, wrapped, packaged,
processed, or portioned for service, sale or distribution.
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e. Roving vendor. A person who offers only pre -packaged food items to the
public, with or without the use of a licensed motor vehicle, from no fixed
location on public property, only on rights of way within designated zoning
districts, excluding Fourth Avenue between Port Avenue and Van Buren Street,
and also excluding Fourth and Fifth Avenues between Jefferson Street and
Railway Avenue.
f. Transient merchant. Any person, partnership, firm or corporation, whether a
resident of the City or not, who engages in a temporary business, within a period
not exceeding 150 consecutive days in a calendar year, of selling and delivering
goods and/or services, wares and merchandise for profit or nonprofit within the
City by operating from a location out-of-doors or in quarters that are easily
moveable, such as a temporary leased area or space, or motor vehicle, trailer or
tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not
include vehicles for hire. Transient merchants operate exclusively from private
property. (Note: Transient merchant definition relocated. Previously 15.10.140.
B. 95.)
120 (104) -Veterinary hospital. A facility, which may include animal runs, in which
veterinary services are rendered to animals and domestic pets and which may include
clipping, bathing, boarding and other services. Includes veterinary clinic.
(Watchman or caretaker dwelling. See Dwelling)
121 (4915) Water -dependent. A use or activity which can be carried out only on, in or
adjacent to water areas because the use requires access to the water body for water-
borne transportation, recreation, energy, production or source of water.
122 (106) Water -related. Uses which are not directly dependent upon access to a water
body but which provide goods or services that are directly associated with water -
dependent land or waterway use and which, if not located adjacent to water, would
result in a public loss of the quality of goods or services offered.
123 Whole House Nizhtly. Non -Hosted lodging unit for which the owner (or authorized
anent) is not required to reside at the residence unit. Describes a furnished self-
contained dwelling that is rented for short periods of time, usually by the day as
opposed to annual rentals in the unfurnished apartment/housinz rental market.
Primarily used for accommodations or lodging of guests paying a fee or other
compensation for a period of less than 30 consecutive days.
124 (N-7) Yard. A required open space on the same lot with a main building, unoccupied
or unobstructed from the ground upward, except as otherwise provided in this
chapter.
a. Front. The area extending across the full width of a lot, measured between the
front lot line and the nearest exterior wall of the building, front of a bay window
or the front of a covered porch or other similar projection, whichever is the
nearest to the front lot line.
b. Rear. A yard extending across the full width of the lot between the most rear
extension of the main building and the rear lot line. The depth of the required
rear yard shall be measured horizontally from the point of the rear lot line
63
nearest to the main building. In cases of double frontages and corner lots, there
are no rear yards, only front and side yards.
C. Side. A yard between a main building and side lot line, extending from the front
yard to the rear yard. The width of the required side yard shall be measured
horizontally from the nearest point of the side lot line toward the nearest part of
the main building.
125 (108) Zero -lot line. The location of a building on a lot in such a manner that one or
more of the building's sides rests directly on a lot line.
Section 2. Seward City Code Section 15.10.226 is hereby amended to read as follows:
(Stfi et4 -e .i,s = deletions and are bold, Underline = additions and are bold italics):
15.10.226 Land uses allowed.
(a) Table 15.10.226 Land Uses Allowed is incorporated herein by reference and the restrictions
contained therein are mandatory unless otherwise modified by this chapter (See Table
15.10.226)
(b) Lodging as defined in section 15.10.140B. is allowed in accordance with table 15.10.225 of
this chapter and subject to the following conditions:
(1) Regardless of the date such use began, an annual administrative permit is required.
Prior to issuing the permit, the City shall conduct an annual life safety inspection of
each guest room to assure compliance with the current adopted building code
door/window egress standards, the presence of an operable and inspected fire
extinguisher and adequate smoke detection systems, a posted evacuation plan, and
visible signs showing exit locations.
(2) Parking will be provided in accordance with section 15.10.215 of this chapter.
(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 not more than five
guest bedrooms regardless of building or business ownership.
(7) Multifamily dwellings used for lodging purposes are not required to be the business
or property owner's residence. The use shall be limited to not more than five apartment
units.
(7) (8) The rental of individual rooms for lodging purposes is not extended to apartment
unit tenants.
(9) Regardless of business name, the use of more than five guest bedrooms or
apartments is considered a motel or hotel for building and other code interpretation
purposes.
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(c) Mobile vendor as defined in section 15.10.140(B)(98) Vending (C) of this chapter and which
are allowed in accordance with table §15.10.225 are subject to the following development
requirements:
(1) An application for a mobile vendor must be submitted on a form provided by the City
Clerk's office yearly with colored pictures of at least two different angles of the unit
the applicant is applying to license and a description that includes the length and width,
when in its widest configuration.
(2) Mobile vendors may operate at designated locations, by permit. Policies and procedures
shall be set by resolution of the City Council.
(3) The City police department has the right to close down a mobile vendor if vending is
causing or contributing to an imminent public safety hazard.
(4) No mobile vending shall take place on public property between the hours of 10:00 p.m.
and 6:00 a.m. unless otherwise posted.
(5) A mobile vendor may only offer, for sale, the following types of goods and services on
public property: food and/or non-alcoholic beverages; handicrafts, artwork, jewelry or
similar goods or firewood.
(6) Licenses. In addition to complying with City of Seward ordinances related to mobile
vendors and applicable regulations, the owner and operator is responsible for applying
for and obtaining all other necessary licenses and satisfying the standards of the City
permit conditions.
(7) Mobile vendor vehicles or carts may not remain in place overnight or in City parking
lots.
(8) Mobile vendor vehicles must be self-contained when operating, except for the required
trash and or recycling receptacles, which shall be in a safe location and in no event shall
impede the free movement of automobiles or pedestrians, within their permitted lot or
space.
(9) Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked
in spaces parallel to City sidewalks.
(10) It shall be unlawful for a vendor to attract customers by hawking or physically
accosting persons.
(11) Each mobile vendor vehicle shall provide the City with a certificate of insurance to
cover public liability in the standard amount set by City policy. Insurance policies shall
stipulate that the insurer will give written notice to the City at least 30 days prior to
cancellation or other termination in coverage. Prior to acceptance of their permit,
vendors shall execute an instrument under the terms of which the permittee shall agree
to indemnify, defend, and hold harmless the City from any and all claims for injury or
damage to persons or property suffered in connection with vendor activities.
(12) Any mobile vendor base station shall be properly licensed.
(13) Mobile vendors shall comply with all City code, policy and procedures. Failure to
adhere to the regulations for mobile vendors is cause for revocation or suspension of
the license / permit by the City Clerk.
(14) Mobile vendors shall display required permits and City business license in a prominent
location on the mobile vending cart or vehicle from which the business is conducted
65
pursuant to the permit, so it is protected from the weather and easily visible to the
public.
(d) Roving vendor as defined in section 15.10.140 B 98 (e) of this chapter and which are allowed
in accordance with table 15.10.225 are subject to the following development requirements:
(1) Roving vendors shall not vend on any public street where the legal speed limit exceeds
25 miles per hour, or on Fourth Avenue between Port Avenue and Van Buren Street,
and also excluding that portion of Fourth and Fifth Avenues between Jefferson Street
and Railway Avenue.
(2) Roving vendors shall not vend on any public street before 6:00 a.m. or after 10:00 p.m.,
unless otherwise posted.
(3) Roving vendors shall vend only when the vehicle is lawfully parked and completely
stopped.
(4) Roving vendors shall vend on public streets from the side of the vehicle away from
moving traffic, and within one foot of the curb or edge of the street.
(5) Roving vendors shall not vend or permit the vehicle to stand in one place in any public
place or street for more than 30 minutes or in front of any premises for any time if the
owner or lessee objects.
(6) An application for a roving vendor vehicle must be submitted on a form provided by
the City Clerk's office yearly with colored pictures of at least two different angles of
the unit the applicant is applying to license and a description that includes the length
and width, when in its widest configuration.
(7) The City police department has the right to close down or request a roving vendor to
relocate if vending is causing or contributing to an imminent public safety hazard.
(8) In addition to complying with City ordinances and permit conditions related to roving
vendors, the owner and operator is responsible for applying for and obtaining all other
necessary licenses required for the service of food. The roving vendor vehicle shall be
in compliance with the motor vehicle laws of the state, and the roving vendor vehicle
owner is responsible for complying and verifying that a specific location or route does
not violate dity zoning code.
(9) Roving vendors shall comply with all traffic rules.
(10) Each roving vendor vehicle must provide the City with a certificate of insurance to
cover public liability in the standard amount set by City policy. Insurance policies shall
stipulate that the insurer will give written notice to the City at least 30 days prior to
cancellation or other termination in coverage. Prior to acceptance of their permit,
vendors shall execute an instrument under the terms of which the permittee shall agree
to indemnify, defend, and hold harmless the City from any and all claims for injury or
damage to persons or property suffered in connection with vendor activities.
(11) Any roving vendor base station must be properly licensed.
(12) Roving vendors shall comply with City code, policy and procedures. Policies and
procedures shall be set by resolution of the City Council. Failure to adhere to the
regulations for roving vendors is cause for revocation or suspension of license permit
by the City Clerk.
(13) Roving vendors shall display required permits and City business license in a prominent
location on the mobile vending cart or vehicle from which the business is conducted
66
pursuant to the permit, so it is protected from the weather and easily visible to the
public.
(e) Transient merchants as defined in section 15.10.140B. of this chapter and which are allowed
in accordance with table 15.10.225 are subject to the following development requirements:
(1) For purposes of this chapter, such use and storage of equipment shall be limited to a
period not exceeding 150 consecutive days in a calendar year.
(2) Transient merchant facilities shall be and remain legally licensed and road ready and
shall be removed completely from the property at the end of 150 days.
(3) Transient merchants shall provide for the concealed storage of all inventory, supplies,
equipment and other materials brought to the site in connection with the business
conducted there.
(4) Transient merchants using vehicles and trailers in the operation of transient business
activities authorized by this chapter shall ensure that the area of operation meets the
required setbacks as provided by section 15.10.220. In no case shall the allowed area
of operation be less than five feet from any property line, permanent structure or other
transient merchant.
(5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall
have blocked tires and be fully skirted to match the vehicle or trailer.
(6) Any additions, including, but not limited to, porches, platforms and decks, shall be
sided or painted to match or complement the vehicle or trailer prior to operation.
(7) Every transient merchant shall provide sufficient trash receptacles on -site and ensure
the proper disposal of all garbage collected on the site.
(8) The use of generators is prohibited.
(9) No transient merchant shall conduct business on property owned or operated by the
City except in accordance with chapter 8.10 of this Code.
(10) Transient merchants shall conform to all federal, state and local laws.
(f) Reserved.
(g) Livestock as defined in section 15.10.140B. are allowed in accordance with table 15.10.225
of this chapter subject to the following:
(1) Lot size may not be less than 20,000 square feet per large animal, or not less than
20,000 square feet for every two small animals (excluding chickens and rabbits).
(2) Livestock fencing shall be no closer than five feet from a property line.
(3) A City -approved drainage plan showing that runoff from the livestock corral or pen
will not adversely impact neighboring property or streams.
(4) A City -approved manure storage and disposal plan. The manure storage pile shall not
be closer than 25 feet from any property line.
(5) Up to five chickens (hens) or rabbits are allowed in accordance with table 15.10.225.
(6) Chicken or rabbit coops and enclosures are required and must meet a minimum setback
of 25 feet from neighboring homes.
(7) Chickens or rabbits are not allowed on lots with more than one dwelling unit.
(h) Marijuana establishments as defined in section 15.10.140.B.53 are allowed in accordance
with table 15.10.225 of this chapter subject to the following:
67
(1) The facility owner or operator has submitted a license application to the State of Alaska
for the corresponding type of marijuana establishment prior to operation, and maintains
a current license from the state at all times the facility is in operation.
(2) Marijuana establishments shall not to be located within 500 feet of the entrance of any
building where religious ceremonies are regularly held, a correctional facility,
recreational facility or youth center licensed by the state or local government, or within
1,000 feet of any school. The distance specified in this subsection must be measured
by the shortest pedestrian route from the public entrance of the building in which the
licensed premises would be located to the outer parcel boundaries of the school,
recreation or youth facility or to the main public entrance of the building in which
religious services are regularly held, or the correctional facility. The burden of proof
demonstrating that the facility meets the required separation distances is the
responsibility of the marijuana establishment owner or operator.
(3) In this title, standard or limited marijuana cultivation facility meeting all other criteria
in this Code and in Alaska Statutes and Administrative Codes are classified as a
Greenhouse(s)/Commercial, except that a limited marijuana cultivation facility as an
accessory use secondary to a residence may be classified as a Home Occupation use.
(4) In this title, a marijuana testing facility meeting all other criteria in this Code and in
Alaska Statutes and Administrative Codes is classified as an Office - Business or
Professional use.
(5) In this title, a marijuana product manufacturing facility or a marijuana concentrate
manufacturing facility using hazardous materials in the manufacturing process and
meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes
is classified as a Manufacturing - Heavy use. Facilities not using hazardous materials
in the manufacturing process are classified as a Manufacturing, Light use.
(6) In this title, a retail marijuana store meeting all other criteria in this Code and in Alaska
Statutes and Administrative Codes is classified as a Business - Retail Sales and Service
use.
(i) Camping is allowed subject to the following:
(1) Camping for a fee shall be allowed within the City limits only in municipal
campgrounds, as defined in section 7.15, or in private camper parks operating under a
permit, as defined in section 8.15.
(2) Other than permitted camper parks, camping on privately owned lots as an accessory
use to an occupied, single family home is limited to private non-commercial use and
for no fee. Such occupancy shall be limited to one camping unit at a time and shall be
for recreational or vacationing purposes only. Camping as provided in this section shall
not occur earlier than April 15th and no later than September 30th
(j) Employee Campgrounds are allowed in accordance with table 15.10.226 of this chapter
subject to the following:
(1) Employee campgrounds are for established businesses with high seasonal employment
of transient workers, and are not to be construed as construction camps. No employee
campground may be open for more than 150 days per calendar year, and may not open
earlier than April 15, nor remain active later than September 30, except by resolution
68
of the City Council based on specific findings that a longer term, earlier opening date
and/or later closing date is warranted because of special circumstances.
(2) Occupancy in an employee campground is limited to the transient workers of that
industry or business granted a conditional use permit and annual permit.
(3) Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee
campgrounds.
(4) Sanitary facilities shall include either permanent or portable toilets. If permanent
facilities are constructed, they shall conform to section 8.15.425(b). Shower facilities
may either be on -site in conformance with section 8.15.425(b), or provided on the job
site of the employer.
(5) The requirements for spacing shall be at least ten feet clear space between camping
units. Camping units, other than those being used for living accommodations, shall not
be parked within the campground area proper.
Ik Short-term rental as defined in subsection 15.10.140105 is allowed accordance with table
15.10.226 of this chapter and subiect to the followinz conditions:
1. Short-term rental location. A short-term rental may only be offered in a space
intended for human habitation. For example, a property owner may not rent a space
in an accessory structure that is a storage shed or zaraze.
2. Short-term rentals in residential districts. Short-term rental facilities in or adiacent
to residential districts shall not infrinze upon the ri,-ht of neizhboring residents to
reasonable peaceful occupancy of their homes.
3. Annual business license and annual permit required for each short-term rental.
a. Short-term rental operators shall obtain a city business license, as required by
Chapter 8.30.
b. All short-term rentals shall receive an annual permit from January 1st to
December 31st, for the physical address of each short-term rental location,
under limited administrative review, documenting conformance with City Code
and agreement to conform to all permits and licenses. The International Fire,
Residential, and Buildinz Codes shall be applied at the time of permit for use.
4. Annual permit information. The property owner shall report to the city the following
minimum information:
a. The address of the short-term rental.
b. Contact name(s) of the property owner.
C. The total number of nizhts the short-term rental was occupied for transient
accommodation or lodzinz with bed tax application.
d. The Short -Term rental's maximum occupancy.
e. Location of assi,-ned off-street parkinz, if applicable.
f. Documentation of annual fire safety inspection si,-ned by the Seward Fire
Department.
g. Twenty-four (24) hour contact information for the property owner or local
representative.
h. A copy of the official Emer,-ency Mana,-ement tsunami evacuation route map.
5. Application of health, fire safety, and buildinz codes. Short-term rental facilities
shall meet all applicable health, fire safety, and buildinz codes.
69
a. New, converted, or annexed short-term rental facilities shall be inspected by the
City of Seward prior to operations.
6. Number of available bedrooms verified. The number of available bedrooms shall be
determined by the licensee and verified by fire marshal as part of the annual fire
safety inspection.
7. Bed tax provisions.
a. All bed tax (Chapter 5.45), sales (Chapter 5.35), provisions apply.
b. The property owner shall both have le, -al responsibility for the collection of all
applicable taxes and remittance of the collected tax.
8. Required fee. A $150 fee due at the time of new short-term rental application, which
is separate from the required City ofSeward business license fee required by Chapter
8.30.
a. Renewals will be accepted every October (re,-ardless of the orizinal date of
application) for a fee of $100.
b. If an owner wishes to discontinue short-term rental operation, no action is
required as the license will automatically close when the renewal fee isn't paid.
If after short-term rental (SIR) is discontinued and the applicant wishes to
restart short-term rental operation, the applicant is required to file a new short-
term application.
9. Business license and short-term rental permit must be posted. The property owner
must conspicuously post and maintain a copy of the property owner's business
license and short-term rental permit inside the short-term rental.
10. Advertisement. Any advertisement of the short-term rental must contain the
business license and short-term rental permit number issued by the City in the
advertisement.
11. Short -Term Rental Insurance Requirements.
a. A licensee shall inform his or her Insurance Company that the property
covered by the Insurance Company will be used as a short-term rental before
any short-term rental transaction is processed, rezardless of whether the
licensee obtains liability insurance for the short-term rental through that
Insurance Company. The Licensee shall verify compliance with this
notification requirement by executing and submitting a form affidavit
Provided by the Department (which department?) durin,- the application
process.
b. A licensee shall maintain liability insurance to cover use of the Short -Term
Rental in an amount determined appropriate by the Insurance Company
insurin,- such Short- Term Rental, but in any case, no amount of less than
one million dollars ($1,000,000) in the a,-,-re,-ate. Such coveraze shall be
maintained in full force and effect for the term of the license. Alternatively, a
Licensee may elect to conduct each Short -Term Rental Transaction through
a Hostin,- Platform that provides equal or-reater insurance coverage for
each Short -Term Rental Use, provided that the Licensee abides by the
notification requirements.
70
C. A licensee shall maintain an insurance policy as described in section 12 a &
b. Failure to maintain an insurance policy as described in section 12 a & b
shall be cause for automatic suspension of the Short -Term Rental license
until the coveraze is reinstated.
12. Violation of the conditions of a permit may result in revocation of the short-term
rental permit, in the discretion of the City and may result in a fine, up to SI000 in
accordance with $ 1.05.010.
a. Re-establishment shall be allowed administratively upon proof of compliance
and remittance of the monetary penalty, and any other fees necessary for
permit issuance.
Section 3. This ordinance shall take effect ten (10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the XX day
of XXXX 2021.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
(City Seal)
VA
CALL TO ORDER
The August 3, 2021 regular meeting of the Seward Planning & Zoning Commission was
called to order at 7:00 p.m. by Chair Cindy Ecklund.
OPENING CEREMONY
Commissioner —Sullivan_ led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Cindy Ecklund presiding, and
Clare Sullivan Tom Swann
Vanessa Verhey Craig Ambrosiani
Nathaniel Charbonneau
Excused — Gary Seese
Absent — None
Comprising a quorum of the Board; and
Jackie C. Wilde, Community Development Director
Courtney Bringhurst, City Planner
CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Carol Griswold stated that there should be a full-scale map that shows all of the land within the
City limits. Griswold made other suggestions for the zoning map such as key changes, coloring
changes, labels, and other formatting.
Griswold clarified that in the minutes from the July 61h meeting she did not suggest that the
commission should not meet on the holidays, but rather just during the summer.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Charbonneau/Sullivan) Approval of Agenda and Consent Agenda
Motion Passed AYES: Charbonneau, Swann, Verhey,
Ambrosiani, Sullivan, Ecklund
NOES: None
July 6, 2021 Regular Meeting Minutes were approved on the consent agenda.
VA
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Administration Report:
Community Development Director Jackie Wilde —stated that the animal shelter project
has been approved and is moving forward. Community Planning has also met with an appraiser to
assess the value of various plots of land that the City will be selling. The City had a Tsunami
warning on July 28th. Community Development set up the EOC in City Hall that night, and has
had various follow up meetings to review what happened and how everything went. Community
Development is getting quotes from businesses for a columbarium for the City Cemetery. Wilde
and Bringhurst attending a Rotary meeting early in the day where Historic Preservation presented
their work in creating historic signs that will be placed in front of various historic locations
throughout town. Wilde stated that the City has provided the Commission with surface pro laptops
so that they can access future meeting packets online. If the Commission would like, Community
Development will be meeting with members of the Commission before the work session on August
17, 2021 to explain how to use the Surface Pros.
Other Reports, Announcements, and Presentations —None
PUBLIC HEARINGS
Resolution 2021-017 Of The Seward Planning And Zoning Commission, Granting a
Variance From Seward City Code 15.10.20 Signs, To Harbor St Creamery, Permitting An
Exception To The Zoning Code To Allow For An Awning Sign Located At 305 South Harbor
St, Seward Small Boat Harbor, Lot 1, Block 8, In The Harbor Commercial (HC) Zoning
District
Chair Ecklund opened public hearing on this item.
Applicant Comments: Mr. Park had no comments.
Public Comments: Carol Griswold stated that the resolution is confusing. She also stated that
there are lots of signs already on the property, which makes it look cluttered. The suggested sign
looks pleasing, but allowing it would only make the building look more cluttered. Griswold
suggested that the awning could be allowed but without the signage. Or the owner could remove
some of the other signs on the building to make the building look less cluttered.
Motion (Ambrosiani/Charbonneau) Resolution 2021-017 Granting a Variance From
Seward City Code 15.10.20 Signs, To Harbor St
Creamery, Permitting An Exception To The
Zoning Code To Allow For An Awning Sign
Located At 305 South Harbor St, Seward Small
Boat Harbor, Lot 1, Block 8, In The Harbor
Commercial (HC) Zoning District
73
Chair Ecklund closed public hearing and asked for the staff report. Bringhurst read the staff
report from the Resolution and Agenda statement. Ambrosiani asked to if the awning sign would
be placed on the North entry or the South entry. Wilde clarified that it would be placed on the
North entry. Ambrosiani asked how much square footage would be on the parcel if this awning
sign was allowed. Wilde said that Community Development had taken pictures of all the signage
on the building, but that there was no way they could measure every single sign to know the exact
square footage. Tom Swann made a motion to postpone the approval of this Resolution until they
had more information. Chair Ecklund asked if there was a second to the motion. No one seconded
the motion. Charbonneau asked how much square footage of signage had been allowed per
business before the change in City Code. Tom Swann wanted to clarify how much signage was
allowed per square footage of frontage. Swann also asked if the parcel owner should be the one
bringing forward the sign variance. Wilde stated that the parcel owner had been notified and was
okay with the owner of Harbor Street Creamery applying for the sign variance. Wilde read the
Seward City Code for signs. Commissioners reviewed the As -Built survey to discuss how much
square footage should be allowed for the Harbor Street Creamery based on the square footage of
frontage property that the building had. Ambrosiani asked if the sign would have a light in it since
the drawings of the sign mentioned that there would be a light. Chair Ecklund asked Mr. Park
to come forward and answer a question about whether or not his sign had a light in it. Mr. Park
clarified that the sign would not have a light in it. Sullivan asked if this sign would obscure any
of the other signs that are on the building. Wilde stated that it would not block any of the other
signs. Tom Swann stated that he would like to see in future sign variance applications the amount
of current square footage of signage that is on the building.
Motion Passed AYES: Sullivan, Swann, Charbonneau,
Ambrosiani, Verhey, Ecklund
NOES: None
UNFINISHED BUSINESS - None
NEW BUSINESS
Resolution 2021-018 of the Planning And Zoning Commission of the City of Seward, Alaska,
Recommending the City Council Attest the City of Seward Zoning Map With Current
Updates
Motion (Charbonneau/Swann) Resolution 2021-018 of the Planning And
Zoning Commission of the City of Seward,
Alaska, Recommending the City Council
Attest the City of Seward Zoning Map
With Current Updates
Wilde explained the history of the Zoning Map. Community Development changed the color of
Resource Management, adding Ordinance numbers. Sullivan asked if the Ordinances on the map
were linked to the actual Ordinances within Legislative history. Wilde stated that Community
Development is working with a GIS company to make that a possibility in the future. Ecklund
74
stated that the old map would still be available in the Seward Comprehensive Plan for those who
still wanted to reference to old map.
Motion Passed
AYES: Verhey, Swann, Ambrosiani,
Sullivan, Charbonneau, Ecklund
NOES: None
Resolution 2021-016 of the Planning And Zoning Commission of the City of Seward, Alaska,
Recommending City Council Adoption of the Municipal Lands Inventory and Management
Plan — 2021 Update
Motion (Sullivan/Swann) Resolution 2021-016 Recommending City
Council Adoption of the Municipal Lands
Inventory and Management Plan — 2021
Update
Wilde explained that there have been various work sessions to update the Municipal Land, and
that it was postponed from last meeting to do another work session. Sullivan stated that she had a
question about the comments that Carol Griswold had sent to the Commissioners. Ecklund stated
that it did not pertain to the scope of the Municipal Plan.
Motion (Ecklund/Charbonneau) Amendment to Resolution 2021-016 to
correct the location of the current State
shop on page 38; change the italic writing
on the recommendation of the Waterfront
Park on page 62; and change the titles of
each of the Public Facility Lands — SMIC
from gray to orange. R
Motion Passed AYES: Swann, Ambrosiani, Charbonneau,
Verhey, Sullivan, Ecklund
NOES: None
Joint work session with Flood Board and PACAB on August 11, 2021 @ 6:00 pm Topic:
"Seward Airport and Preliminary ROW Acquisition Plat"
Wilde stated that this meeting was just about the ROW acquisition plat, not the overall project.
Joint work session with City Council on August 17, 2021 @ 5:30 pm Topic: "Review of
Seward City Code Regarding Dwelling, Housing and Lodging"
VAR
Wilde stated that the City Council had removed the Definitions from consent at their last
meeting because they wanting to have a joint work session with Planning and Zoning.
Reschedule P&Z August 171h work session to September 21, 2021 @ 6:00 pm Topic: "Ground
Truthing and Land Use Table process "
COMMISSION COMMENTS
Verhey. Thanked planning department for the laptops.
Sullivan. Thanked planning department for all the hard work they have done, especially
with all the paperwork and acquiring laptops. Still feels like she is drinking from a fire hose.
Ambrosiani Thanked planning department for the laptops. Stated that he was grateful that
we all had finally made it through the Municipal Land Plan.
Ecklund Stated that she was amazed how much the Commission has accomplished. She
was appreciative of everyone's hard work and the input that Carol Griswold has given.
Swann Stated that he thought that the Commission didn't need to make an amendment for
each change that was made in the Municipal Land Plan. He also stated that he appreciated
everyone's work on the Commission, Community Development, and citizens, especially Carol
Griswold.
Charboneau Thanked staff for all the hard work and Bringhurst for her participation in
the meeting.
CITIZEN COMMENTS
Carol Griswold stated that she didn't know if she could keep helping the Commission
since they do not always listen to her input. She also felt like the beige color was too close to the
color white on the Zoning Map. She stated that SMIC should be its own separate map because
there is so much going on out there. She also said that some of the City owned property is currently
being cut off in the printed map. Griswold stated that the discussion on the Sign Variance was
very interesting, but that the Commission did not have enough information to really make a clear
decision. She stated that it would've been helpful to know how much current square footage of
signage was on the building.
COMMISSION AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Chair Ecklund asked if the Planning Department could get the appraisal value for leased parcels
of land in the Harbor. Tom Swann stated that he also felt that it was very important with Sign
Variances to get an overwhelming amount of information from the applicant before it is brought
before the Commission. Chair Ecklund stated that it was very helpful to have the applicant in
the room, but also stated that it would be nice to have more information with Sign Variances.
Wilde stated that the Planning Department had worked extensively with the applicant and the sign
W-11
company for this variance, but that they would revise the Sign Variance application to require
more specific information in the future.
ADJOURNMENT (_Charbonneau_)
The meeting was adjourned at 8:50 p.m.
Jackie C. Wilde Cindy L. Ecklund
Community Development Director Chair
(City Seal)
77
Urban Heat Resilience
Heat is the deadliest weather -related hazard in the United States, posing a growing and inequitable
threat to human health, infrastructure, economic, and ecological systems. Communities across the
country are getting hotter due to climate change and the urban heat island (UHI) effect. Planners
are well positioned to tackle this challenge and enhance urban heat resilience for their communities
through planning and implementing heat mitigation and management strategies.
BACKGROUND
Heat kills more people in the United States than all other weather hazards combined. In addition, many
more people are treated for heat -related illnesses. Heat also reduces economic productivity, increases
energy and water use, strains infrastructure and ecosystems, and affects the quality of life.
Heat risks are increasing in cities worldwide due to the combination of climate change and the UHI
effect (when urban areas experience higher temperatures than surrounding rural and natural areas). Cli-
mate change, primarily caused by greenhouse gas emissions, is increasing global average temperatures
and the frequency, intensity, and duration of heatwaves. Cities experience the UHI effect due to the heat
absorbed and released by the built environment, along with waste heat from sources such as cars, air
conditioning, and industrial processes.
Hotter temperatures are impacting communities of all sizes and in all regions of the country. Increases in
both chronic and acute heat risks are compounding dangers for cities in historically hotter regions and
can pose new threats for cities in historically more temperate and colder climates. Cities in historically
colder regions are often less prepared for and less able to adapt to heat, as they have lower adoption
rates of indoor cooling and less experience managing extreme heat events. In areas with higher humid-
ity, smaller increases in temperature can be more dangerous to human health.
While communities everywhere are getting hotter, heat risks are unevenly and inequitably distributed.
Some neighborhoods are consistently hotter than others, including districts with a history of redlining
or communities of mostly low-income or minority residents. Past planning decisions played a role in
creating and furthering these disparities. Certain populations are also more vulnerable to heat -related
illness or death; these include children and the elderly, people with chronic health conditions or lower
incomes, people experiencing homelessness, and people who are institutionalized. Cities across the
United States must prepare for unprecedented heat and address systemic inequities in heat risk. Plan-
ners are well suited to take a leading role in their communities to advance urban heat resilience efforts.
PLANNING FOR URBAN HEAT RESILIENCE
Planners considering urban heat resilience should work to help their communities equitably prepare for
and adapt to both chronic and acute heat risk through heat mitigation and management. Heatmitiga-
tion includes design and planning strategies that aim to reduce the built environment's contribution to
urban heat, whereas heatmanagement strategies prepare for and respond to heat.
Heat resilience requires effective coordination between different disciplines and sectors, such as haz-
ard mitigation planning, public health, emergency management, the energy sector, and various levels
of government. Planners should develop a diverse portfolio of heat mitigation and management
strategies. These heat resilience strategies should be prioritized to maximize co -benefits, minimize
tradeoffs, and avoid maladaptive strategies that provide short-term relief but worsen the problem in
the long run (e.g., highly inefficient air conditioners that increase electricity demand and greenhouse
gas emissions). Heat resilience strategies will likely be needed across a variety of community plans, so
Heat resilience strategies address heat
mitigation and management. Credit:
Ladd Keith, Sara Meerow, and Erika Lynn
Schmidt
0
American Planning Association
Planning Advisory Service
Creating Great Communities for All
A Publication of the American Planning Association I PAS QuickNotes No. 95 78
it is important for planners to coordinate and integrate all plans and policies to advance the commu-
nity's vision for heat resilience.
HEAT MITIGATION STRATEGIES
Heat mitigation strategies aim to cool cities, neighborhoods, and heat -vulnerable locations through
land -use planning, urban design, urban greening, and waste heat reduction.
• Because the built environment affects local climates, land -use planning can be an effective heat
mitigation strategy. Large-scale land -use considerations include conserving natural areas, develop-
ing ventilation corridors, and arranging urban geometry (e.g., the dimensions and spacing between
buildings) to maximize cooling benefits.The overall reduction of heat -trapping surfaces associated
with the transportation system can also help reduce the UHI effect.
• Site -level design also impacts microclimates and affects heat at the human scale. Urban design
strategies include orienting buildings and streets for shade, adding shade structures, and using
cool pavements, walls, and roofs.
• Vegetation cools surrounding areas through evapotranspiration and can provide shade. Urban
greening strategies such as urban forestry, green stormwater infrastructure, green roofs, parks,
and greenways can help mitigate heat.These strategies also have the co -benefit of helping to
reduce urban flood risk and provide the psychological benefits associated with access to nature.
• Waste heat reduction is important to reduce the UHI effect. Strategies such as increasing building
energy efficiency through weatherization and the use of"cool"surfaces can reduce waste heat gen-
erated by indoor cooling and mechanical systems. Decreasing vehicle use through the planning of
transit and active transportation modes is another waste heat reduction strategy.These strategies also
have the co -benefit of reducing greenhouse gas emissions and local contributions to climate change.
HEAT MANAGEMENT STRATEGIES
Heat management strategies are critical to help prepare for and respond to extreme heat events.
• Increasing access to indoor cooling is important for reducing heat -related illnesses and deaths.
Regulations and assistance programs should be considered to help make cooling accessible and
FURTHER READING
affordable to all. Energy grid resilience is critical here because electricity use to support indoor cooling
Published by the American
increases during extreme heat events, making "brownouts" and power outages especially dangerous.
Planning Association
• Reducing individual exposure to dangerous levels of heat may require changes in public infra-
structure such as transit stops and hiking trails, facilities such as playgrounds, and regulations for
Keith, Ladd, and Sara Meerow. Forth
indoor and outdoor worker safety.
coming, 2022. Planning for Urban Heat
• As heat risks increase, it is important to educate and inform the public about the dangers of heat
Resilience. PAS Report.
and how to avoid them. Public information and awareness campaigns, as well as information
Sherman, Amy. 2020."The Heat Is On"
distributed to health providers, can help in this area.
Planning, August.
• Communities should ensure their emergency management systems are prepared for unprec-
edented extreme heat events by developing early warning systems, planning coordinated respons-
Urban
Smith, Laiagemshta
es for emergencies, and establishing cooling centers or resilience hubs across the community
d the of
Heat Management and the Legacy
where people can go for shelter and assistance.
Redlining:'APABIog:JAPATakeaways,
,
February 18.
CONCLUSIONS
Other Resources
Heat poses a growing and inequitable threat. Cities across the United States must plan now to increase
Centers for Disease Control and Preven-
urban heat resilience in the face of climate change and the UHI effect. Planners are well poised to use
tion and the National Oceanic and
existing regulatory tools and plans to mitigate the inequitably distributed risk associated with the UHI
Atmospheric Administration.2021.
effect, reduce greenhouse gas emissions contributing to climate change, and help prepare for extreme
National Integrated Heat Health Infor-
heat events. By working with colleagues across agencies and sectors to help coordinate comprehensive
mation System.
approaches to heat mitigation and management, planners can help their communities become more
resilient to extreme heat.
Keith, Ladd, Sara Meerow, and Tess
Wagner. 2020."Planning for Extreme
Heat: AReview"JoumalofExtreme
PASQuickNotes (ISSN 2769-7940) is a publication ofthe American Planning Association's Planning Advisory Service (PAS).JoetAlbizo, FASAE, CAE,
ChiefExecutiue Officer, Petra Hurtado, PHD, Research Director,Ann Dillem uth, AICP Editor. O 2021 American Planning Association, 205 N. Michigan Aue,
Events 6(2): 1-27.
Suite 1200,Chicago, IL60601-5927,planning.org. All rights reserved. APA permits the reproduction anddistribution ofPAS QuickNotes toeducate and
U.S. Environmental Protection Agency.
nformpublicofficialsandothersabout importantplanning-related topics."sit PASonlineatplanning.org/pas to findouthowPAS can workforyou.
2021. Heat Island Effect.
A Publication of the American Planning Association I PAS QuickNotes No. 95
79
Guiding Plan Implementation With
Degree of Change
By John Zeanah, AICP
In 2019, the City of Memphis completed the Memphis3.00om-
prehensive Plan, the city's first comprehensive plan since 1981
and guide for a new direction of growth (Figure ] ).The headline
of the vision statement is brief, yet bold: "Build up, not out'
For the last 200 years Memphis had followed the opposite
path —outward, mostly eastward, to balloon to 340 square
miles with a population density of less than 2,000 persons per
square mile. Planners and the public agreed: the path of new
growth should no longer create an ever-expanding city but
should lead back to the city's core and neighborhoods, many
of which had been blighted from disinvestment.
As comprehensive plan vision statements go, "build up, not
out "was memorable and effective. But while the public em-
braced the plan's vision, it led to questions. How far up? And
where? And when? Memphis's planners used an emerging tool
called "Degree of Change°to answer these questions and orga-
nize the plan's implementation and the various actors engaged.
Comprehensive plans are often criticized for lack of focus
on implementation, or lack of practicality or equity. While the
comprehensive plan is often an expression of the community's
optimism, idealism, and vision, the prevailing role of public -sec-
tor planning in communities throughout the United States is
to facilitate market -led development. Effective plan implemen-
tation beyond the limitations of regulating market -led devel-
opment requires the comprehensive plan to contain clear and
organized polices and investments.
Using the Degree of Change approach in the comprehen-
sive plan helps to address the plan's limitations, provides clarity
and strategy to the pace of change desired or expected from
the plan, and focuses the process of implementing the plan to
address questions of where, when, and how.
This issue of PAS Memo makes the case for using Degree of
Change and illustrates the most effective ways to apply this
concept to the comprehensive plan.This article will discuss in
depth the experience of Memphis, where the author serves as
director of the planning division.
il) Me phis3.0
Comprehensive Plan
Figure 1. The Memphis 3.0 Comprehensive Plan (City of Memphis)
What is Degree of Change?
If the purpose of the comprehensive plan is to direct change
in the physical pattern of a city's development, Degree of
Change is used to direct how much change will be recom-
mended in different areas of the city. Considering degree rec-
ognizes that change happens differently in places throughout
the city. Degree of Change can be used to provide a menu
of implementation actions that match communities'appe-
tites for change with the amount of support and investment
appropriate for realizing that change.
This concept has gained some use in recent compre-
hensive plans, notably in three recent Daniel Burnham
ao
American Planning Association i planning.org
PAS MEMO J U LY/AUGUST 2021
Award -winning plans —Plan Cincinnati, Kaua'i General Plan,
and Memphis3.0.
In addition to this recognition by the American Planning
Association, these three plans share participation by Opticos
Design among the project teams. As Daniel Parolek, one
of the co-founders of Opticos Design, notes in his recently
published book, Missing Middle Housing, "most community
members typically envision... widespread and dramatic
change everywhere, but the reality is that many planning
efforts are really targeted for more incremental change"
(Parolek 2020).
To address this, Parolek recommends including Degree of
Change as part of the comprehensive plan to help define the
pace of physical transformation communities will experience.
As a starting point, Parolek recommends in Missing Middle
Housing the following three degrees of change:
Maintain: Smaller, more incremental changes, mostly
reinforcing the existing scale of an area.
Evolve: Opportunities for small to medium-sized public
and private investments or projects, creating minor
changes in scale and targeting opportunity sites.
Transform: Opportunities for larger -scale changes such
as a significant increase in scale and possibly mix of
uses, with changes more likely to be widespread and
not on focused sites.
Opticos Design used these degrees of change in two com-
munities —Cincinnati (Figure 2) and Kauai, Hawaii. Meanwhile,
the City of Memphis took a different path to the inclusion of
Degree of Change in its comprehensive plan. For Memphis, the
question started not as how to articulate the pace of change to
the community, but how to influence redevelopment of many
of the city's historically disinvested neighborhoods in the older
areas of the city.
Figure 2. Neighborhood Center Degree of Change from PlanCin-
cinnati (City of Cincinnati)
Figure 3. Areas of Change from Blueprint Denver (City of Denver)
The Case for Degree of Change
Early in the planning process for Memphis 3.0, the City took
inspiration from the City of Denver's 2002 Blueprint Denver plan
strategy to direct growth in 26 designated "areas of change'
(see the sidebar on p. 3). Blueprint Denver's approach was ad-
opted as a growth management strategy, dividing the city into
areas of change and areas of stability (Figure 3).
In a 2016 visit to Denver, a delegation of Memphis leaders
discussed the value of such a framework but identified the
need for a third category to acknowledge the Memphis plan's
challenge not of managing growth and expansion, but of
enabling growth within the"developed city"
The question facing Memphis was how to bring back
previously developed areas of the city that had succumbed to
decline through disinvestment and market exodus. This sug-
gested a role of the plan and public sector to stimulate market
activity in neighborhoods that had experienced decline. To
achieve this, planners needed to consider not only how places
would develop, but how the public, quasi -public, nonprofit,
and private sectors would participate in that development in
both the short and long term.
Constraints on Planning
The comprehensive plan (or master plan) was first envisioned
to guide orderly development through a zoning plan as well as
through provision of streets, utilities, and parks. This vision was
articulated in the 1928 Standard City Planning Enabling Act
(SCPEA), along with the directive that"the city plan is an organic
whole, every part of which... is organically interrelated with
every other part"What was lacking in the SCPEA, however, was
a framework or even suggestion that the plan establish an ap-
proach for interrelating these elements or their implementation.
In the years that followed, cities often produced single -pur-
pose plan elements separate from a comprehensive plan (Scott
1969). Plan implementation was to be executed not just by
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PAS MEMO J U LY/AUGUST 2021
Rethinking "Areas of Change" in Denver
Blueprint Denver's "areas of change" and "areas of stability" repre-
sent an innovation in comprehensive planning and an import-
ant precedent to the concept of Degree of Change.
Since the adoption of Blueprint Denver in 2002, areas of
change experienced five times more investment than areas of
stability —a clear measure of the success of the plan. But like
Memphis, planners in Denver recognized the limitations of a
binary choice between change and stability. Places change dif-
ferently. In today's comprehensive plan, cities need to account
for these various factors and contributors of change to guide
growth more effectively, especially in developed communities.
In the 2019 update to Blueprint Denver, planners introduced
a new approach to frame the city's growth strategy. The city
regulation, but through capital improvements. Many of these
capital resources were intended for geographic expansion of
cities largely supporting a pattern of suburban, single-family
sprawl in most areas of the United States. The first subdivision
laws were generated from the imminent need to control the
platting of city lots to ensure cities could make the necessary
capital improvements to support new development —streets,
public buildings, and public utilities. Very quickly, municipal
governments realized how much this demand would overex-
tend their resources (Kent 1964).
Over time, expanding cities found it more difficult to pro-
vide resources for expenditures on public works and civic uses
as shrinking budgets gave way to basic operational needs. In
Memphis, the percentage of local dollars spent on parks, public
transit, and public works represented 36 percent of the overall
budget in 1980. By 2015, the same share had fallen to 10 per-
cent, while public safety costs increased from 48 percent of the
budget to 64 percent of the budget over the same period.
The City of Memphis had followed a plan of outward
growth recommended in its 1981 Memphis 2000 Policy Plan.
The result of Memphis2000was an increase in land area by 25
percent, from 270 square miles to 340 square miles, with only a
five percent increase in population. This imbalance meant the
greater increase in obligations due to annexation was not ab-
sorbed by newcomers to the city, but rather in the established
areas of the city, many of which also experienced the burden of
blighting effects from disinvestment.
Meanwhile, other funding sources, such as federal block
grants, had been added to the chest of resources cities could
use to promote growth, development, or redevelopment (early
on, in the form of destabilizing urban renewal and slum clear-
ance). However, over time, federal investment in community
development began to wane. Between 1980 and 2015, nation-
wide Community Development Block Grant (CDBG) funding
dropped from roughly $10 billion to $3 billion (in 2016 dollars)
(Boyd 2014; US HUD 2021).
moved away from areas of change and areas of stability to
focus most planned growth to regional centers, community
centers and corridors, and high -intensity residential areas in
downtown and urban centers.
Implicit in this new strategy, however, was an expanded
framework of community change. Ranging from more to less
change, the updated plan frames change as "transform;' for
areas expected to experience significant character change;
"connectJor areas focused on improving access to opportu-
nity; "integrate," to address areas with populations vulnerable
to displacement; and "enrich," where change is meant to
strengthen communities in an inclusive way.
Today, Memphis receives approximately $6 million annually
in CDBG funding, half of what it received just two decades pri-
or. Memphis, like many cities, has come to rely on a variety of
tax incentives, credits, and philanthropic resources to buttress
investment in community redevelopment. But the bottom line
is that even with these new, diverse resources, many cities are
faced with tighter budgets and growing needs.
Fragmentation of Planning
For successful implementation of today's comprehensive plans,
public resources, regulations, and actions need to be targeted.
But this can be challenging without a framework for interrelat-
ing the elements of the plan and its implementation.
Adding to this challenge is the growing fragmentation of
the planning environment in most cities, in which roles of
planning have not only been delegated across multiple city
agencies, but to quasi -governmental and nonprofit organi-
zations as well. While the comprehensive plan ideally serves
as a resource to direct implementation, the more planning
is fragmented and decentralized, the more difficult it is to
achieve coordination.
In the case of Memphis, the city had delegated street plan-
ning to the engineering division, utilities planning to the public
works division and public utility, and parks planning to the
parks division, with no framework established by the planning
division to carry out the task of connecting these single -pur-
pose activities. Adding to this fragmentation, planning of
community and economic development in the city had been
assigned to the downtown commission, the economic devel-
opment board, the community redevelopment authority, the
housing authority, the school board, and several single -pur-
pose public facilities authorities and conservancies. Beyond
this, several community -based nonprofits had undertaken
planning functions, including four housing and community
development nonprofits operating across the city and several
more operating at the neighborhood level.
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PAS M LMO J U LY/AUGUST 2021
ID� ■ Anchors
Memphis&O ' ■ Accelerate
«Pre�a ■ Nurture
Degree of Change Map "• , ■ Sustain
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Figure 4. Degree of Change map from Memphis 3.0 (City of Memphis)
In Memphis, the comprehensive plan was expected to guide
not only traditional plan elements such as land use, transportation,
and housing, but the various forms of implementation and actors
engaged in plan implementation. Memphis 3.0 achieved this goal
by using Degree of Change.
Planning the Developed City
By 2015, Memphis had annexed to its physical Iimit.The following
year, new mayor Jim Strickland would begin a series of moves
to restrict future outward growth and focus new development
inward. Mayor Strickland, like the planners and public engaged in
the planning process, recognized the failure of continued outward
growth to support the future of Memphis and its neighborhoods.
The first move was to cut off access to the city's sewer
system to developments in the city's unincorporated reserve
areas. In 2014, the State of Tennessee's General Assembly had
drastically shifted its stance on municipal annexation, making
the process much more difficult for a city like Memphis to
continue growth by expanding its boundaries.
The second move was for the city to begin the process of
shrinking those boundaries through de -annexation of roughly 10
percent of its land area (home to only about one percent of the
city's population) by December 30, 2020.
The third move was the initiation of Memphis 3.0, the City's first
comprehensive plan since the Memphis2000 plan of 1981.The
plan's vision statement —"build up, not out" —is a clear departure
from the growth policy of old that resulted in suburban sprawl
and urban disinvestment. The vision and strategy of the plan
focuses growth, policy, and investments in the core city and
neighborhood centers to create more dense, mixed -use, mixed -in-
come, walkable, transit -served communities.
These are worthy goals. Virtually none of the city's residents
who participated in the plan process disagreed with the idea of
rebuilding disinvested neighborhoods, improving existing com-
munities rather than creating new ones, or improving mobility
through transit improvements and walkability. But even though
Memphians knew density was the only viable future, some of its
associations caused discomfort.
Developed cities like Memphis face a confluence of growth
challenges: few greenfield sites, established neighborhoods
impacted by development proposals, and changing tastes
of consumers seeking urban living. To plan for growth in the
developed city, traditional planning approaches are inade-
quate. Memphis, like Cincinnati, took an approach that focused
growth on established neighborhood centers, targeting
"anchors"that contained clusters of community assets and
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PAS MEMO J U LY/AUGUST 2021
presented the greatest opportunity to grow into walkable,
transit -oriented neighborhoods.
But as Parolek notes, dramatic change does not occur every-
where growth is planned, and communities change in different
ways. How can the comprehensive plan account for this? And
how can it enable desired levels of change?
Places Change Differently
The idea for using Degree of Change in Plan Cincinnati (ad-
opted in 2012) came from principles similar to those promot-
ed by renowned landscape architect Ian McHarg—layering
assets, institutions, building form, and other significant
characteristics of neighborhoods to arrive at a framework for
community character (Keough -furs 2021). Beginning with
the end in mind (walkable neighborhood centers), planners
sought to achieve the desired character from each neighbor-
hood's starting point.
Cincinnati's use of Degree of Change followed Parolek's
recommended framework: Maintain for areas where desired
character is in place; Evolve for areas with potential but missing
pieces achieved by small investments or regulatory changes;
and Transform for areas with services or auto -oriented uses, but
no defined urban character.
Years later, Memphis followed a similar process. Planners
and community members collaborated in a three-part series
of mapping and observing neighborhood centers and clusters
of community assets, defining areas along a series of defini-
tions of neighborhood "anchors;' and determining each area's
Degree of Change.
In Memphis3.0, anchors are defined by three Degree of
Change designations (Figure 4, p. 4): Accelerate for areas that
can absorb growth more rapidly; Sustain for areas that have
reached maturity in character; and Nurture for areas that have
experienced disinvestment and need investment to stabilize
the community, support community assets, and protect and
encourage affordable housing.
Using Degree of Change
From the beginning of the planning process leading to
Memphis 3.0, it was clear that to be successful, the plan must
provide targeted guidance on where change would occur and
how to direct actions and investments of the public, private,
nonprofit, and philanthropic sectors.
The preparation of the comprehensive plan allows a
community the opportunity to shape a vision of growth and
change over time. Traditional approaches and tools to prepar-
ing the comprehensive plan tend to address technical issues
and solutions facing the expansion of the built environment.
Today, most cities face a different set of adaptive challenges
as the focus is on working in developed neighborhoods and
districts, often with fewer public resources and more actors
engaged in implementation.
To meet the demands of these dynamic circumstances,
planners must use the comprehensive plan to consider how
each area of a city changes differently and organize fragment-
ed approaches to planning into a clear, consistent strategy for
implementation. Using a Degree of Change framework can help
planners organize and communicate the plan's vision in this way.
Understanding Market Dynamics
In most cities, the dominant form of planning is facilitating
market -led development, and public resources may limit
where the local government can lead or provide financial
support. Any city engaging in comprehensive planning must
understand its market dynamics and plan accordingly.
In the case of Memphis, the city started its comprehensive
planning process first by conducting a market analysis to consid-
er trends in housing, commercial, and industrial development.
The result was a stark picture of continued concentration of
market -led development inside the city's central corridor, with
pockets of activity in other neighborhoods across the city.
With the results of the market analysis in hand, planners
engaged the public in an exercise of considering three growth
scenarios for the future: one that continued the trends of
market -led development, one that focused the city's attention
onto several main corridors, and one that focused on neigh-
borhood centers.
Not surprisingly, the community reacted strongly against
continuing market trends. But to change this trajectory, the
city's challenges were recognizing the limitations of planning
for a sprawled city with weak private -market activity outside
of the city's central corridor and the inherent demands to en-
hance the character of existing communities.To do this, plan-
ners focused on enabling the nurturing and growth of urban
assets, especially those in communities that have experienced
historic disinvestment.
Degree of Change Framework
The Degree of Change framework of the comprehensive
plan should serve to connect the interrelated elements of
the plan to direct implementation. The plan's Degree of
Change framework should generally describe the nature,
intent, and methods of change in varying ways experienced
in the city.
Cincinnati provides a good example of Degree of Change
focused on density, intensity, and form; Denver's update to"areas
of change"and "areas of stability" considers social dimensions
of growth to express how communities experience change
differently. Memphis blends these considerations with factors
of implementation, timing, and investment. These factors were
included in the Memphis framework to account for market
dynamics and the fragmentation of planning and plan imple-
mentation responsibilities across public, quasi -public, nonprofit,
private, and philanthropic partners engaged in city building.
In their 1996 book Remaking Planning, authors Tim Brind-
ley, Yvonne Rydin, and Gerry Stoker observed similar patterns
of fragmentation in the 1980s-90s planning environment in
United Kingdom cities, primarily the result of relaxed land -use
controls and transfer of planning and development authority
to quasi -governmental agencies.
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American Planning Association planning.org
PAS MEMO J U LY/AUGUST 2021
a
Market Position Partners Involved
Accelerate Strong or marginal markets that can absorb growth more Mix of primarily private and philanthropic
rapidly to intensify the existing pattern of a place resources with public support
Sustain Strong markets that have reached maturity in character Limited public support and private resources
Nurture Weak market areas that have experienced disinvestment Primarily public, quasi -public, and
and need investment to stabilize the community, philanthropic resources
support community assets, and protect and encourage
affordable housing
To describe their observations, Brindley et al. proposed a
typology of planning approaches used by public, quasi -pub-
lic, and private sector actors and how they might differ in
strong, marginal, and weak markets (Brindley et al I996).This
proposed typology provided a model to the approach taken
by Memphis to distinguish between Accelerate, Sustain, and
Nurture areas of the city. Using the definitions of these areas
described above,Table 1 illustrates generally the role of part-
ners in implementation.
For each Degree of Change, Memphis 3.0 defines the charac-
teristics of each type of change and provides typical action steps
associated with plan implementation. Recognizing the market
dynamics present in communities across Memphis, the compre-
hensive plan seeks to guide private investment by relying more
on regulation and development review in Sustain areas, rec-
ommending public financial support in the form of subsidy for
Accelerate
AKtii1er.jI& aaeas ,ely alrn a priffl1r_ly
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market -led development in Accelerate areas, and positioning the
public and philanthropic sectors to lead investment to stimulate
change in disinvested Nurture areas of the city. From each of
these approaches or Degrees of Change, planners established
the framework shown in Figures 5-7 (pp. 6-7) on ways to enable
desired levels of growth in these three degrees.
Engaging the Community
A priority of the Memphis 3.0 planning process was to reflect
the needs and desires of Memphians by seeking contributions
from as much of the community as possible, with a priority on
involving groups historically disconnected from planning.
The multiphase participatory process included multiple
avenues for residents and stakeholders to share opinions and
recommendations on city and district -scale priorities and
actions. Planners worked with community groups, artists, ar-
prgranof AccrWme
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Figure 5. The Accelerate
Degree of Change from
Memphis 3.0 (City of Memphis)
6 85 American Planning Association I planning.org
PAS MEMO J U LY/AUGUST 2021
Sus -lam areas rely on hrruted public support
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• Address regulatory berries to Qu.eSity
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• Encaivage'aurbrudoar'pedestTianand
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increase connectivity within large Sites
• IniWave public aouess Mnis (covered
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• lmprcwepublirservi "(vashclearmp
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and cotlectioa)
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vacant Iota (markets, iestwafs)
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height
= Alk— a broader mix of uses
chitects, and nonprofits to identify and understand local assets
and issues, shaping the plan's guiding principles and leading
to the city's vision of"build up, not out"The result of the plan's
engagement was input from over 15,000 Memphians who
Figure 6. The Sustain Degree of
Change from Memphis 3.0 (City
of Memphis)
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Figure7. The Nurture Degree
of Change from Memphis 3.0
(City of Memphis)
5 i ¢
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influenced the plan through a variety of channels, including
more than 400 meetings and events.
Engagement was anchored in a commitment to fair, equi-
table, and accessible community involvement, allowing every
7 86 American Planning Association I planning.org
PAS MEMO J U LY/AUGUST 2021
resident the opportunity to have a voice. At the beginning
of the planning process, planners developed a community
involvement plan focused on four shared commitments: trans-
parency, responsiveness, community orientation, and flexibility.
To meet these commitments, planners structured the planning
process around background and data collection, vision and
goal setting, future growth scenario planning, and plan devel-
opment, with the community engaged at each stage.
While Parolek notes that community members often envi-
sion widespread change everywhere, it is worth asking what
the planners'role in promoting this perception may be. Often,
comprehensive plans cast ambitious visions for communities
and cities, but lack clarity and direction on how to achieve the
change envisioned. Clarity and direction in the plan's land -use
element and policies are necessary to ensure the community
can understand and follow the intended strategy.
To inform decisions on Degree of Change, planners
worked with communities to consider how market dynamics
enabled or limited the scale or pace of change in neigh-
borhoods and to identify the community's vision for future
growth and preferred areas of growth and change. Finally, in a
series of planning workshops in each planning district of the
city, planners worked with community members to identify
community centers or clusters of key assets that would form
the "anchors" of the plan. During these workshops, planners
asked residents to think about what change looks like for
each area, both big and small. These exercises helped to elicit
feedback from communities necessary for determining each
anchor's Degree of Change and how changes could shape
anchors, influence investment decisions, and encourage
development activity in the surrounding area.
Policies Change Differently
Planning for change in developed cities requires a different ap-
proach than traditional methods of land -use planning focused
on defining the density of new places. In planning for estab-
lished places, planners should first aim to understand what
makes a community's built environment distinct and engaging.
To define elements of a community's physical character,
Memphis developed a land -use plan following a foundation of
community character to illustrate development intensity and
form to enable reinvestment to fit each place in ways that are
recognizable and meaningful to residents.
As an example, the intersection of Summer Avenue and Na-
tional Street is mix of single -story commercial buildings, new
and old. Once considered a neighborhood downtown, it has
gradually become predominantly auto -oriented with highway
commercial uses (Figure 8).
This area was designated as the most important anchor for
redevelopment within the Jackson planning district and was
deemed central to the revival of the nearby Highland Heights
neighborhood. To achieve these goals, the plan recommends
the character change from its low intensity character to a
higher -intensity "urban Main Street"(Figure 9). Based on the
transformative change in character recommended and pace
of change desired, the anchor was designated an Accelerate
Degree of Change.
To guide plan implementation, planners may treat appli-
cation of regulation with more urgency in Accelerate anchors
such as Summer and National. First, this is accomplished
through the development review process. For project appli-
cations located in anchor areas, planners review applications
for consistency with the comprehensive plan, considering
whether the application is consistent not only with the plan's
future land -use map, but also the area's Degree of Change (this
is described in greater detail in the February 2021 issue of
Zoning Practice).
Policies and actions identified in the plan elements
related to communities, parks and public spaces, housing,
and transportation also consider how anchors and Degrees
Figure 8. Existing conditions at Summer and National in Memphis Figure 9. Illustrated concept of Urban Main Street Anchor (City of
(City of Memphis) Memphis)
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PAS MEMO J U LY/AUGUST 2021
Figure 70. A Nurture Degree of Change implementation project from Memphis 3.0 (Self Tucker A rchitects/City of Memphis)
of Change should be prioritized or treated differently. For
example, Accelerate anchors receive higher priority as plan-
ners consider zoning map amendments to implement the
comprehensive plan.
Since plan adoption in 2019, planners have followed the
Degree of Change framework to address targeted areas for
rezonings, rather than pursuing a complete re -mapping of
the city's zoning.The city has recently re -zoned the Summer
and National area from an auto -oriented commercial use
district to a mixed -use district that encourages increased
height, greater mix of uses, and build -to requirements, all
of which are strategies identified in the Degree of Change
framework as "Ways to Accelerate" (see Figure 5 above).
Guiding Investment
Degree of Change has been the framework used by the city to
not only guide decisions in the planning office, but across divi-
sions and agencies.The plan directs investments in sewer, parks,
and streets in Accelerate and Nurture anchors where change is
anticipated and support of public resources is most needed.
The adoption of Memphis 3.0 and the implementation
framework organized by Degree of Change prepared
Memphis to better direct a significant infusion of public
investment announced in January 2021. Fiscal discipline
in the wake of unbridled outward growth, combined with
deannexation and sewer restrictions, ultimately prepared
local officials to issue $200 million in bond indebtedness
to invest in the city again through public infrastructure,
affordable housing, parks and greenways, and reinvigoration
of diminished public assets. Of this funding package, nearly
$80 million will go toward investments intended to acti-
vate implementation of Memphis 3.0 in and around over 50
anchors throughout the city.
While this is a significant milestone for public investment in
Memphis neighborhoods, the preparation of the funding pack-
age required decisions on where to invest and how much.The
comprehensive plan's Degree of Change framework gave clear di-
rection to the city and leadership to quickly make these decisions.
The plan's focus on anchors provides the target areas for new
investment; the plan's Degree of Change framework directs public
dollars to lead in Nurture areas (Figure 10) to stimulate private -mar-
ket interest in the medium or long term and to support in Acceler-
ate areas where private investment is leading transformation.
This guidance has also been used to direct activities of qua-
si -governmental agencies, including those with the authority
to grant incentives. Coinciding with the adoption of the com-
prehensive plan, the redevelopment authority amended its
workable program map to target tax increment financing only
in anchor areas defined by the plan. Shortly after, the agency
amended the boundaries of its largest and most well -funded
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PAS MEMO J U LY/AUGUST 2021
district to encompass two Nurture anchors nearby, sending
much -needed funding to these historically disinvested neigh-
borhoods. Later, the downtown commission launched its own
master planning process, using the city's comprehensive plan
as its foundation. Last, the city and transit authority recently ini-
tiated planning for its first bus rapid transit corridor, using the
plan's anchors as the primary guide for selecting future stops
and Degree of Change to determine where to focus the most
intense change in planned development along the corridor.
Action Steps for Planners
As planners embark upon the comprehensive planning process
in their own communities, they should consider whether the De-
gree of Change framework could serve as a useful structure for
implementing the plan's policies, guiding regulatory and fiscal
decision making, and enabling change.The experience of Mem-
phis in its Memphis 3.0 planning process suggests the following
steps for using Degree of Change.
Involve the Community Throughout the Process
Plan ahead for how the community will influence the compre-
hensive plan throughout the process. Determine your values for
community involvement, and think ahead about what the plan-
ning team will share and what you will ask the community to
share. Define the community's role in making decisions through-
out the planning process, including how they will shape and
use the plan's Degree of Change framework and structure public
input methods and exercises that lead to decision making.
Understand the Market
Gather market insights about your city early in the planning pro-
cess. Go into the comprehensive planning process with an un-
derstanding of where and how market -led development alone
directs growth. Use the comprehensive plan to challenge market
dynamics and influence growth in new directions, especially
in ways that support reinvestment in weak markets. Consider
submarkets within your city that have different dynamics and
require different measures to induce or stimulate private -sector
development activity. Markets are fluid and planning and imple-
mentation can contribute to change.
Develop a Degree of Change Framework
Organize a Degree of Change framework that considers the
way places change in your city. Ask questions such as: How
will character changes be different? How quickly could or
should places change? What types of actions help to enable
change? Who enables change? Establish guidance on how
places change differently based on the selected Degrees
of Change, similar to the examples from Memphis. Be sure
to consider the roles of policy, investment, and the various
actors involved in community development.
Set Targets or Anchors
Similar to the approaches of Memphis and Cincinnati, identify city
and neighborhood assets and institutions and start thinking about
how to build around those strengths. Consider building form, den-
sity and intensity, community character, and public infrastructure,
as well as the state of the (sub)market and the actors involved in
community change. Determine the plan's targets for desired char-
acter of the anchors or areas and what it takes to achieve targets.
Revisit the questions from the Degree of Change framework to
assess how the area could or should change over time.
Interrelate Plan Elements
Degree of Change is most valuable when it helps direct not only
decisions around character, form, and land use, but also policy,
investment, and timing. Use Degree of Change to direct the
development of the plan's policies and actions. Not all policies
or actions in the plan elements have universal application across
the city. Use Degree of Change to direct or prioritize policies and
actions, especially in plan elements addressing roles of depart-
ments and quasi -governmental agencies outside of the planning
department. Degree of Change should direct timing, priority, and
location of public investments as well. Use Degree of Change to
shape the CIP or other planning for public improvements.
Track Progress
I n Memphis, we continue to revisit Degree of Change through im-
plementation. Is change taking place the way we expected? Is de-
velopment occurring in targeted areas and by Degree of Change
in ways we expected? And at the scale we expected? Are depart-
ments and quasi -governmental agencies aligning their invest-
ments, incentives, and initiatives through the same framework?
Starting out, we began tracking this in a quarterly report prepared
by the planning department but involving multiple agencies
across the city. Going forward, the city plans to begin using a data
dashboard that helps to routinely measure the effectiveness of the
plan and the Degree of Change framework.
Conclusion
The role of the comprehensive plan is not only to express a uni-
fied, or collective, vision for growth of a city, but also to frame
the relationship among the various elements of the plan and
guide the implementation of those elements.
Since the advent of the comprehensive plan, cities have
struggled to interrelate these elements successfully and
guide implementation effectively. These issues are further
compounded by fragmentation of planning functions
across multiple public and quasi -governmental agencies,
nonprofit organizations, and other actors responsible for a
community's development.
Planners in communities large and small must find effec-
tive solutions to coordinate across these fragmented actors
to unify not only the vision but the areas of focus, timing, and
means and methods of implementation. This coordination is
necessary for any comprehensive plan to deliver on the public
sector's role to bring about necessary change in communities
across the city, while balancing the pace and placement of
regulation to lead the private sector toward delivering on this
vision through implementation.
10 89 American Planning Association I planning.org
PAS MEMO J U LY/AUGUST 2021
Getting implementation right is the most important
step of the comprehensive planning process. Using Degree
of Change can be an effective planning method to ensure
successful implementation.
About the Author
John Zeanah, AicP, is director of the Memphis and Shelby
County Division of Planning and Development. He leads a
cross -functional division providing planning, zoning, and build-
ing services to the city and county. Among his accomplish-
ments, he led the development and adoption of the Memphis
3.0 Comprehensive Plan, winner of APA's Daniel Burnham
Award for a Comprehensive Plan for 2020 and a Charter
Award from the Congress of the New Urbanism in 2021. He
earned his master's degree in city and regional planning from
the University of Memphis, where he now teaches land -use
controls as an adjunct faculty member.
References
Boyd, Eugene. 2014. Community Development Block Grants:
Recent Funding History. Congressional Research Service.
Brindley, Tim, Yvonne Rydin, and Gerry Stoker. 1996. Remaking
Planning: The Politics of Urban Change. Routledge, 2nd edition.
Cincinnati (City of), Ohio. 2012. PlanCincinnati.
Denver (City of), Colorado. 2002. Blueprint Denver.
Kent,T.J. 1964. The Urban General Plan. Chandler Publishing
Company.
Keough -furs, Katherine. 2021. Email correspondence.
Memphis (City of), Tennessee. 2019. Memphis 3.0 Comprehen-
sive Plan.
Parolek, Daniel. 2020. Missing Middle Housing: Thinking Big and
Building Small to Respond to Today's Housing Crisis. Island Press.
Scott, Mel. 1969. American City Planning Since 7890. University of
California Press.
U.S. Department of Housing and Urban Development (US
HUD). 2021. CPD Appropriations Budget.
PAS Memo is a publication ofAPA's Planning Advisory Service.
Joel Albizo, FAsAE, cAE, Chief Executive Officer; Petra Hurtado, PHD,
Research Director, -Ann F. Dillemuth, AicP, PAS Editor. Learn more
of planning.org/pas.
02027 American Planning Association. All Rights Reserved. No
part of this publication may be reproduced or utilized in any form
or by any means without permission in writing from APA.
PAS Memo (ISSN 2169-7908) is published by the American Plan-
ning Association, 205 N. Michigan Ave., Suite 7200, Chicago, IL
60601-5921; planning.org.
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