HomeMy WebLinkAbout10192021 Planning & Zoning Meeting PacketPlanning and Zoning Commission
Regular Board Meeting
October 19, 2021
7:00 P.M. City Hall Council Chambers, 410 Adams Street
Seward Planning & Zoning Commission
Regular Meeting
October 19, 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
Courtney Bringhurst
ActingCommunity
Development Director
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
Planning and Zoning Commission
October 19, 2021
A. City Administration Report
B. Other Reports, Announcements & Presentations
Meeting Agenda
`a
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 - None
B. New Business Items requiring a Public Hearing
1. Resolution 2021-021 of the Planning and Zoning Commission of the City of Seward,
Alaska, Granting a Variance to City Code § 15.10.222 Development Requirements to
Turnagain Marine Construction Corp to Construct a Building With a Height That
Exceeds 34' on T 1N & 1S R 1W Sec 34 & 3 Seward Meridian SW, That Point
Known As The Alaska Railroad Terminal Reserve In Seward, Located at 1501 Ferry
Terminal Road; Within an Industrial (I) Zoning District .........................Page 5
2. Resolution 2021-022 of the Planning and Zoning Commission of the City of Seward,
Alaska, Granting a Conditional Use Permit to the Seward Police Department to
Construct an Animal Shelter on Lot 6A-2, Fort Raymond Subdivision, Replat No. 3,
Located at 601 Sea Lion Avenue; Within an Institutional (Ins) Zoning District
...........................................................................................Page 26
3. Resolution 2021-023 of the Planning and Zoning Commission of the City of Seward,
Alaska, Granting a Conditional Use Permit to Phil Zimmerman to Construct a 3-plex
and two 4-plexes on Lots 8, 9, 10, Block 4, Gateway Subdivision, Addn No. 1,
Located at 2004, 2006, 2008 Phoenix Road; Within a Multi -Family (R3) Zoning
District........................................................................... .......Page 39
4. Resolution 2021-024 of the Planning and Zoning Commission of the City of Seward,
Alaska, Granting a Variance to City Code § 15.10.22 Development Requirements to
James Protzman to Construct a Building With a Height That Exceeds 34' on Lots 37-
40, Block 4, Original Townsite Of Seward Alaska, Located At 134 Fourth Avenue;
Within a Central Business (CB) Zoning District..................................Page 60
8. Unfinished Business
9. New Business
1. Resolution 2021-025 of the Planning and Zoning Commission of the City of Seward,
Alaska, Recommending the City Council Amend 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, Amending 15.10.226 J Employee Campground,
and Enacting Language in 15.10.226 K Pertaining to Short -Term Rentals...... Page 81
2. Approval of September 7, 2021 regular meeting minutes .........................Page 108
3. Regular meeting on November 2, 2021 @ 7:00 pm
4. Work session on November 16, 2021 @ 6:00 pm "Continue Update and Review of
Planning and Zoning Commission Meeting Agenda
October 19, 2021
Land Use Table and Planning For Ground Truthing"
5. Discuss meeting schedule for December and January
10. Informational Items and Reports (No action required) -
A. PAS Quick Notes- Design Thinking .......................................................Page 114
B. 2021 Planning & Zoning Meeting Schedule..........................................Page 116
C. City Calendars.....................................................................................Page 119
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
Planning and Zoning Commission Meeting Agenda
October 19, 2021
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2021-021
A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska,
Granting a Variance to City Code §15.10.222 Development Requirements to Turnagain
Marine Construction Corp to Construct a Building With a Height That Exceeds 34' on T
1N & 1S R 1W Sec 34 & 3 Seward Meridian SW, That Point Known As The Alaska
Railroad Terminal Reserve In Seward, Located at 1501 Ferry Terminal Road; Within an
Industrial (I) Zoning District
WHEREAS, Turnagain Marine Construction Corp. has applied for a Variance to City
Code § 15.10.222 Development Requirements from the Seward Planning and Zoning Commission
to construct a building with a height that exceeds 34' at 1501 Ferry Terminal Road, T 1N & 1S R
1W Sec 34 & 3 Seward Meridian SW, That Point Known As The Alaska Railroad Terminal
Reserve In Seward, Alaska; and
WHEREAS, the property is in an Industrial (I) Zoning District; and
WHEREAS, the current cruise passenger terminal size will not be adequate to
accommodate the expected increase in passenger loads when the existing dock is replaced with a
new, larger cruise ship dock; and
WHEREAS, additional resources available to the Seward City Fire Department, as well
as current Fire and Building Code, will address any life safety issues that could potentially be
caused by a building exceeding 34' in height; 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 15.10.325.D., the Commission shall establish a finding that
the use satisfies the following conditions prior to granting a variance:
1) The use is consistent with all of the general conditions required for a conditional use
permit; which are:
Seward Planning and Zoning Commission
Resolution No. 2021-021
Page 2 of 5
A. The use is consistent with the purpose ofthis chapter (the Seward Zoning Code)
and the purposes of the zoning district.
Finding: The use of this property is consistent with the purposes of the Industrial
Zoning District.
B. The value of adjoining property will not be significantly impaired.
Finding: No, the larger cruise ship dock and passenger terminal will only provide
additional resources to Seward and the adjoining properties that will increase their
value.
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)
3.5.1 - Port and Harbor Development
• "Maintain a thriving port of Seward through harbor improvements,
infrastructure expansion, and implementation of management plans."
3.5.1.2 - Port and Harbor Development
• "Continue working with the Alaska Marine Highway System (AMHS),
Alaska Railroad, and cruise ship industries to develop convenient and well -
publicized local, state, and national transportation connections from the port
areas."
Strategic Plan (1999)
"Continue working with the Alaska Railroad, Alaska Marine Highway System,
shipping, and cruise ship industries to ensure the expansion and modernization of
the freight and cruise ship port facilities" (Page 7).
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.
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
Seward Planning and Zoning Commission
Resolution No. 2021-021
Page 3 of 5
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.
2) Special conditions and circumstances exist which are peculiar to the land or
structures involved and which are not applicable to other lands and structures in the
same district.
Finding: The proposed cruise passenger terminal and dock are unique in the district and
the City of Seward. The terminal and dock will be the only place in Seward capable of
docking cruise ships with passenger loads large enough to require such a terminal.
3) The special conditions and circumstances have not been caused by actions of the
applicant.
Finding: The applicant's actions have not caused these special conditions and
circumstances. The City of Seward has stated in their Comprehensive Plan that they
want to maintain a thriving Port through harbor improvements that will accommodate
large vessels.
4) Financial hardship or inconvenience shall not be a reason for granting a variance.
Finding: Financial hardship or inconvenience are not reasons for requesting this
variance. Substantial investments have been committed for expanding the cruise ship
infrastructure.
5) Other nonconforming land use or structures shall not be a reason for granting a
variance.
Finding: Other non -conforming structures are not grounds for requesting this variance.
Any property owner within this Zoning District could apply for the same kind of
variance.
6) A variance shall be the minimum variance necessary to perinit the reasonable use of
the land or structure.
Finding: This variance request of 4 additional feet is the minimum variance necessary
for the proposed cruise passenger terminal.
7) A variance shall not be granted which will permit a land use in a district which that
use is otherwise prohibited.
Finding: The proposed design does not change the current permitted use (terminal,
marine/boat passenger; permitted in Industrial (I) Zoning District) — Land Use
Regulations Table 15.10.226
Based on the above findings and conclusions, approval of the Variance to City Code
§15.10.222 Development Requirements shall be subject to the following conditions:
VA
Seward Planning and Zoning Commission
Resolution No. 2021-021
Page 4 of 5
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. Per Seward City Code § 15.10.325(f). an approved Variance 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.
5. Modification of final approval of a variance may, upon application by the
permitee, be modified by the Planning and Zoning Commission:
a. When changed conditions cause the Variance 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 variance to City Code § 15.10.222
Development Requirements provided the conditions listed on Section 1, Subsections 1 through 7
are met by the applicant, and authorizes the administration to issue a variance to Turnagain Marine
Construction Corp. to construct a building with a height that exceeds 34' at 1501 Ferry Terminal
Road, T 1N & 1S R 1W Sec 34 & 3 Seward Meridian SW, That Point Known As The Alaska
Railroad Terminal Reserve In Seward, Alaska
Section 3. The Planning and Zoning Commission finds that adherence to the conditions
of this Variance is paramount in maintaining the intent of Seward City Code Section 15.10.325:
Variances, and authorizes the administration to issue a variance. 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 19th
day of October 2021.
Seward Planning and Zoning Commission
Resolution No. 2021-021
Page 5 of 5
THE CITY OF SEWARD, ALASKA
Cindy L. Ecklund, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
P&Z Agenda Statement
Meeting Date: October 19, 2021
Through: Courtney L. Bringhurst, Acting Community Development Director
From: Courtney L. Bringhurst, Planner
Agenda Item: Resolution 2021-021 Application for a Variance to City Code
§ 15.10.222 Development Requirements to Turnagain Marine
Construction Corp to Construct a Building With a Height That
Exceeds 34' on T 1N & 1S R 1W Sec 34 & 3 Seward Meridian
SW, That Point Known As The Alaska Railroad Terminal
Reserve In Seward, Located at 1501 Ferry Terminal Road;
Within an Industrial (I) Zoning District
BACKGROUND & JUSTIFICATION:
Turnagain Marine Construction Corp. has applied for a Variance to City Code § 15.10.222
Development Requirements from the Seward Planning and Zoning Commission to construct a
building with a height that exceeds 34' T 1N & 1S R 1W Sec 34 & 3 Seward Meridian SW, That
Point Known As The Alaska Railroad Terminal Reserve In Seward, located at 1501 Ferry Terminal
Road.
The existing cruise passenger terminal is 105 feet by 248 feet with a gable roof peaking at 34 feet
above grade, the maximum allowable building height in table 15.10.222. The existing terminal size
accommodates current cruise ship passenger loads. However, passenger loads are expected to
increase when the existing dock is replaced with a new larger cruise ship dock, thus requiring a
larger terminal. The proposed cruise terminal would be 120 feet by 300 feet with a gable roof peaking
at 38 feet above grade.
As stated in City Code § 15.10.220 Development Requirement, "the purpose of height standards is
to prevent loss of life or excessive property damage through the inability of the City fire department
to reach upper stories or roofs, and to help maintain the character of neighborhoods. However,
additional resources available to the Seward City Fire Department, as well as current Fire and
Building Code, will address any life safety issues or property damage that could potentially be
caused by a building exceeding 34' in height.
SURROUNDING LAND USE AND ZONING:
Development Requirements: The proposed structure for the business meets the Zoning Code
Development Requirements (Table 15.10.222) including lot coverage, minimum buildable lot size,
except building height for which this variance application is being submitted.
10
Floodplain status: According to the Kenai Peninsula Floodplain Map, the area is located in an
AO Flood Zone. This is a high -risk flood zone that has a one percent chance of flooding each year.
Alluvial fan flood hazards are shown as Zone AO.
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
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: According to SCC 15.10.215 Parking, the offices within the Cruise Ship Terminal would
require 1 parking space for each 500 square feet of gross office floor area, but not less than 2
spaces. Marine related uses such as day cruises require 1 parking space per 4 people. However, the
majority of people coming through the Cruise Ship Terminal will not have vehicles, and will be
using either buses, the train, or local transportation. The proposed Cruise Ship Terminal shows
adequate space for buses to enter, pick up passengers, and exit.
CONSISTENCY
CHECKLIST:
Yes
No
N/A
Comprehensive Plan (2030, approved by Council2017):
3.5.1 - Port and Harbor Development
• "Maintain a thriving port of Seward through harbor improvements,
infrastructure expansion, and implementation of management
plans."
1.
3.5.1.2 - Port and Harbor Development
X
• "Continue working with the Alaska Marine Highway System
(AMHS), Alaska Railroad, and cruise ship industries to develop
convenient and well -publicized local, state, and national
transportation connections from the port areas."
Strategic Plan (1999):
"Continue working with the Alaska Railroad, Alaska Marine Highway
2
System, shipping, and cruise ship industries to ensure the expansion and
X
modernization of the freight and cruise ship port facilities" (Page 9).
Staff Comments:
Department
Comments
No
N/A
Comment
Building Department
A building permit will be required
Fire Department
Building Code will address any height
chan es.
Public Works
X
Department
is
Harbor Department
X
Police Department
X
Electric Department
X
Telecommunications
X
Public Notice:
Property owners within three hundred (300) feet of T 1N & 1S R 1W Sec 34 & 3 Seward Meridian
SW, That Point Known As The Alaska Railroad Terminal Reserve In Seward, Alaska were notified
of this proposed variance 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 Variance. 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. Per Seward City Code § 15.10.325(f). an approved variance 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.
5. Modification of final approval of a variance may, upon application by the permitee, be
modified by the Planning and Zoning Commission:
a. When changed conditions cause the variance 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 2021-021, granting a Variance to City Code § 15.10.222 Development Requirements
to Turnagain Marine Construction Corp. to construct a building with a height that exceeds 34' at
1501 Ferry Terminal Road, T 1N & 1S R 1W Sec 34 & 3 Seward Meridian SW, That Point Known
As The Alaska Railroad Terminal Reserve In Seward, Alaska, in an Industrial (I) Zoning District.
im
AA Sf1Y
{(ASKP
APPLICATION FOR VARIANCE
City of Seward
Planning and Zoning
P.O. Box 167, Seward, Alaska, 99664
907-224-4048
This completed application is to be submitted to the City Clerk no later than three (3) weeks in
advance of the next regularly scheduled Planning& Zoning Commission meeting held the first
Tuesday of each month.
Property Owner/Agent
Owner's Contractor(If Any)
Name:
Name: Turnagain Marine Construction Corp
Turnagain Marine Construction Corp.
4391
City of Seward Business License #:
Mailing Address:
Alaska Business License #: 1007444
8241 Dimond Hood Dr. Unit A
Anchorage, AK 99516
CONE39620
Contractor's license #:
Contact Phone:
8241 Dimond Hook Dr Unit A Anchorage, AK
Mailing Address:99516
907-602-7412 or
907-261-8960
907-602-7412
Contact Phone:
E-mail: Jdavis@turnagain.build
E-mail: jdavis@turnagain.build
Property Information
Size of Property: 24.09 acres
T 1 N & 1 S R 1W SEC 34 & 3
Property Tax 4: 14502517
SEWARD MERIDIAN SW
Street Address: 1501 Ferry Terminal Rd.
THOSE PTN KNOWN AS THE
LASKA RAILROAD TERMINAL
Legal Description: Lot(s) 3 Block USS 9000Subdivision_RESERVE IN SEWARD
OR Parcel/Tract Section
Township
[Attach additional page if necessary]
Zoning: ❑City Limits ❑Rural Residential (RR) ❑Single Family Residential (RI) )
❑Two Family Residential (R2) ❑Multiple Family
Residential (R3) ❑Urban Residential (UR)
❑Office Residential (OR) ❑Harbor Commercial
(HC) ❑Auto Commercial (AC)
❑Central Business District (CB) ®Industrial (1)
❑ Institutional (INS) []Park (P) []Resource
Management (R)
14
The application must be accompanied by:
-Fee $300.00 Paid by Phone 9.2.21
As -Built Survey by a surveyor registered in the State of Alaska ((if already developed)
or
Scaled site plan of undeveloped land which shows:
Property dimensions X location and dimensions of existing and planned buildings
parking configuration driveways/access; natural features
variance requested other pertinent information
Applicant seeks a variance from the following general re uirement s :
A. Variance Request for Code Section(s)#: Code must be referenced
We request a variance to exceed the 34 foot maximum allowable building height by 4 feet for a 38 foot
building height. Reference Table 15.10.222. Development Requirements zoning district:
Industrial (1); maximum allowable building height: 34 feet
B. The existing situation is:
The existing cruise passenger terminal is 105 feet by 248 feet with a gable roof peaking at 34 feet above
grade, the maximum allowable building height in table 15.10.222. The existing terminal size accommodates
current cruise ship passenger loads. However passenger loads are expected to increase when the existing
dock is replaced with a new larger cruise ship dock. A larger terminal is required.
C. Granting this variance would permit:
This variance would permit the construction of a cruise passenger terminal large enough to accommodate
the passenger loads expected with the new larger cruise ship dock. The new terminal is 120 feet wide (15'
wider than the current terminal) and 300 feet long with a gable roof peaking at 38 feet above grade. The
new terminal has a gable roofed structure similar to the appearance of the existing terminal.
D. What structures are located on the property?
The Terminal will be the only building on the property.
E. What is the existing use of the property?
The existing use is a permitted Terminal, marine/boat passenger.
F. What is the proposed use of the property?
The proposed use does not change the existing permitted Terminal, marine/boat passenger use.
G. What is your development time schedule?
Construction of the terminal and boat dock is scheduled to begin next year (2022).
15
The Planning & Zoning Commission may only grant a variance if the Commission finds all of
the following conditions are met. Each condition must have a response in as much detail as it
takes to meet the condition. Please use additional paper if there is not enough room here for
your response. Failure to document your case reduces the likelihood of your variance being
granted.
The Applicant hereby alleges that:
1. The proposed action is consistent with all of the general conditions required for a
conditional use permit as follows:
A. The use is consistent with the purposed of the Zoning Code and the purposes of the zoning:
B. The value of the adjoining property will not be significantly impaired:
C. The proposed use is in harmony with the Seward Comprehensive Plan:
D. Public services and facilities are adequate to serve the propo seduse:
E. The proposeduse WILLNOT be harmful to the public safety, health or welfare:
. Special conditions and circumstances exist which are peculiar to the land or structures involved
and which are not applicable to other lands and structures in the same district. These special
conditions are:
The proposed cruise passenger terminal and dock are unique in the district and the City of
Seward. The terminal and dock will be the only place in Seward capable of docking cruise
ships with passenger loads large enough to require such a terminal.
3. The special conditions and circumstances have not been caused by actions of the applicant in
that.
The cruise ship dock and cruise ship passenger terminal expansion are designed in
observance of the City of Seward's comprehensive plan.
--- Reference sections 3.5.1; Maintain a thriving Port of Seward through harbor improvements,
infrastructure expansion...
--- Reference 3.5.1.2 "Plan for adequate port infrastructure that will serve the needs of users in
the main industrial/Alaska Railroad area ... Support Breakwater and harbor development that
would accommodate large vessels."
4. Financial hardship or inconvenience shall not he a reason for granting a variance in that.
Financial hardship or inconvenience are not reasons for requesting this variance. Substantial
investments have been committed for expanding the cruise ship infrastructure.
ill
5. Other non -conforming land use or structures within the district shall not be considered grounds for
granting a variance in that.
Other non -conforming structures are not grounds for requesting this variance. As previously noted
the proposed cruise ship dock and passenger terminal will be unique within Seward.
6. The variance granted is the minimum variance that will make possible a reasonable use of the land,
building or structure in that.
This variance request of 4 additional feet does not exceed the proposed cruise passenger terminal
building height. The proposed terminal height is 38 above grade.
7. Granting the variance will not permit a use that is not otherwise permitted in the district in which the
property lies in that.
The proposed design does not change the current permitted use (Terminal, marine/boat
passenger), reference Seward's Planning and Land Use Regulations table 15.10.226. Land Uses
Allowed; Industrial (1) zoning district.
hereby certify that all statements and other information submitted are true and accurate to the
best of my knowledge, and that I, as applicant, have the following legal interest in the
property: Owner of record; Lessee; Contract Purchaser; duly authorized to
act for a person who has the following legal interest : and that the
caner of record is knowledgeable of this application if I am not the owner. I understand that
he variance fee is non-refundable to cover the cost associated with processing this
application and that it does not assure approval qf the variance.
09/02/2021
Ow er or Agent Date
ROVISIONS: The applicant is advised that issuance of this permit will not relieve responsibility of the
owner or owner's agents to comply with the provisions of all laws and ordinances, including federal, state
and local jurisdictions, which regulate construction and performance of construction, or with any private
deed restrictions.
Office Use Only Below This Line
-.Fee $300.00 Site Plan .Location Map -.Fee As -Built Survey
INCOMPLETE APPLICATIONS WILL NOT BE
ACCEPTED
17
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Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2021-022
A Resolution of the Planning and Zoning Commission of the City of Seward,
Alaska, Granting a Conditional Use Permit to the Seward Police Department
to Construct an Animal Shelter on Lot 6A-2, Fort Raymond Subdivision,
Replat No. 3, Located at 601 Sea Lion Avenue; Within an Institutional (Ins)
Zoning District
WHEREAS, the City of Seward Police Department has applied for a Conditional Use
Permit (CUP) from the Seward Planning and Zoning Commission to construct an animal shelter
at 601 Sea Lion Avenue, Lot 6A-2, Fort Raymond Subdivision, Replat No. 3; and
WHEREAS, the property is in an Institutional (Ins) Zoning District; and
WHEREAS, Resolution 2018-080 approved that the animal shelter should be relocated to
Lot 6A-2, Fort Raymond Subdivision, Replat No. 3; and
WHEREAS, Resolution 2021-078 authorized the City Manager to enter into a contract
with Dawson construction for the design -build of the Seward Animal Shelter; 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 Institutional District states that it is for "public and
private educational, administrative, government and health care uses ... the
development standards are intended to set a high standard to assure that the activities
provide visual amenity to the surrounding area." An animal shelter operated by the City
of Seward Police Department is a government use. Also, the design for the structure
follows the high development standards, which will provide visual amenity to the
surrounding area.
4.
Seward Planning and Zoning Commission
Resolution No. 2021-022
Page 2 of 4
B. The value ofadjoining property will not be significantly impaired.
Finding: This condition has been met. The surrounding properties are owned by the
City of Seward and the Kenai Peninsula Borough. There is no indication that the
addition of an animal shelter will negatively affect the value of adjoining property.
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)
Ch 2.2.9 - Public Safety
• "Identify and support an appropriate site for a new animal control shelter."
Ch 3.7.1.5 - Public Facilities and Services
• "Relocate the animal shelter facility to a more appropriate area"
Strategic Plan (1999)
"Promote a safe community" (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, animals being brought
or taken from the shelter will be unloaded and loaded in a back area that is completely
fenced in. The outdoor kennels are also completely fenced in.
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.
27
Seward Planning and Zoning Commission
Resolution No. 2021-022
Page 3 of 4
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
the administration to issue a conditional use permit to the City of Seward Police Department to
construct an animal shelter at 601 Sea Lion Avenue, Lot 6A-2, Fort Raymond Subdivision, Replat
No. 3
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 19th
day of October 2021.
28
Seward Planning and Zoning Commission
Resolution No. 2021-022
Page 4 of 4
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Cindy L. Ecklund, Chair
29
P&Z Agenda Statement
Meeting Date: October 19, 2021
Through: Courtney L. Bringhurst, Acting Community Development Director
From: Courtney L. Bringhurst, Planner
Agenda Item: Resolution 2021-022 Application For A Conditional Use Permit
to Construct an Animal Shelter on Lot 6A-2, Fort Raymond
Subdivision, Replat No. 3, Located at 601 Sea Lion Avenue;
Within an Institutional (Ins) Zoning District
BACKGROUND & JUSTIFICATION:
The City of Seward Police Department has applied for a Conditional Use Permit (CUP) from the
Seward Planning and Zoning Commission to construct an Animal Shelter on City property located
at 601 Sea Lion Avenue on Lot 6A-2, Fort Raymond Subdivision, Replat No. 3.
Constructing a new Animal Shelter has been on the City's CIP list for the past 20 years. In 2018, the
City Council passed Resolution 2018-080, approving Lot 6A-2, Fort Raymond Subdivision, Replat
No. 3, to be the future location for the new Animal Shelter.
The current Animal Shelter is located in a Residential District. This is disruptive to neighboring
homes. The proposed location at Lot 6A-2, Fort Raymond Subdivision, Replat No. 3 for the new
Animal Shelter, is not near any homes, and has sufficient space between the other adjoining uses.
Other considerations to note are that the current Animal Shelter has outgrown its capacity, and is
much too small for the needs of Seward. It does not have a bathroom, or a quarantine room to
separate the sick animals from the healthy animals, or adequate space for storing supplies needed to
care for the animals.
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
NIII
connecting to all of those. Adequate fire, police and solid waste disposal services are available to
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: The recommended parking would be what is required in code for an office building
(public and private), which is 1 parking space for each 500 square feet of office floor area, but not
less than 2 spaces. The proposed Animal Shelter will be 2,400 square feet, which would mean that
it should have 5 parking spaces. The design shows that there will be at least 5 parking spots in the
front, and one spot in the back for the City owned vehicle.
CONSISTENCY
CHECKLIST:
Yes
No
N/A
Comprehensive Plan (2030, approved by Council 2017):
Ch 2.2.9 - Public Safety
• "Identify and support an appropriate site for a new animal control
1.
shelter."
X
Ch 3.7.1.5 - Public Facilities and Services
• "Relocate the animal shelter facility to a more appropriate area"
Strategic Plan (1999):
2
"Promote a safe community" (Page 18)
X
Staff Comments:
Department
Comments
No
Comment
N/A
Building Department
Need a building permit
Fire Department
A building permit and plans are
required. Building to be designed per
locally adopted codes.
Public Works
Department
City Wells have a 200ft radius, but it
appears the building plans have taken
that into consideration
Harbor Department
X
Police Department
X
Electric Department
X
Telecommunications
X
Public Notice:
Property owners within three hundred (300) feet of Lot 6A-2, Fort Raymond Subdivision, Replat
No. 3 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.
0i
At the time of this publication the Community Development Department has received one public
inquiry 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.
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 2021-022, granting a conditional use permit to the City of Seward Police Department
to construct an Animal Shelter at 601 Sea Lion Avenue on Lot 6A-2, Fort Raymond Subdivision,
Replat No. 3, within an Institutional (Ins) Zoning District.
Kea
33
CITY OF SEWARD
1'. 0. Bo.r' 167
2128 ;ith Avcnuc
5cward, Alaska 99661
Community Development
907.224.4048- Dircctof
907.2211,020- Plaimer
907.224-4049- Plamiing Assistan(
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: City of Seward- Police Department
Address: PO box 167
Telephone Number: 224-4026
Property Owner (if other than applicant):
Address: N/A
Telephone Number:
Property Description
Address: 601 Sea Lion Ave
Lot; No 3 Lot 6A-2 Block:
NIA
Email: anlckelI@cityofseward.net
Email:
Lot size: ,43 acres
Subdivision: Fort Raymond
Kenai Peninsula Borough Tax Parcel ID Number:
Development Information
14502623
What structures are on the property? Electric warehouse, city well, city ball field
How is the property being used? MIX of City uses
What is the proposed use of the property? guild of new Animal shelter
What is the development timeline? complete November 2022
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)
A) The proposed use is consistent with the requirements of the Seward Zoning Code and the
designated zoning district. Please describe the use. Institutional (INS)
The 1-and Use tahlP allows an animal shelter in an Institutional Zoned Diatric bb CUP
The building meets the development requirements for building height, setbacks, and lot
coverage
B) Describe any impacts to the adjoining properties and how property values may be affected.
Surroundinq properties will not be negatively�mpacted by the shelter, nor will the
-propelly values be affected neqafiyel�.
C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can
view the plan at: http://www.cityofseward.us/
2.2.9 - "Identify & support an appropriate site for a new animal control shelter
3 7 19 - "Rplocate thp anmrnal shelter facility to a m-,- ---,-p late area
D) Describe 1 list the public services and facilities that will serve the proposed use. (i.e., roads,
utilities.)
The animal shelter will be connected to City water and sewer lines, and electric. There
will be two entrances/exits to the shelter from Sea Lion Ave. A small parking lot will be
built on the east sode
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.
F) Include building elevation plans and a site plan, drawn to scale. The site plan should include:
1) Property dimensions ✓❑
2) Location and dimensions of existing and planned buildings
3) Parking configuration
4) Driveways and access
5) Natural features W1
6) Other pertinent information W
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:
Owner of record
I understand that this item will be scheduled for action only if 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:
Property Owner Signature:
Enclosed:
$300 Payment
Dimensioned plot plan / drawingsa
Other:
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Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2021-023
A Resolution of the Planning and Zoning Commission of the City of Seward,
Alaska, Granting a Conditional Use Permit to Phil Zimmerman to Construct
a 3-plex and two 4-plexes on Lots 8, 9,10, Block 4, Gateway Subdivision, Addn
No. 1, Located at 2004, 2006, 2008 Phoenix Road; Within a Multi -Family (113)
Zoning District
WHEREAS, Phil Zimmerman has applied for a Conditional Use Permit (CUP) from the
Seward Planning and Zoning Commission to construct a 3-plex and two 4-plexes at 2004, 2006,
2008 Phoenix Road, Lots 8, 9, 10, Block 4, Gateway Subdivision, Addn No. 1; and
WHEREAS, the property is in a Multi -Family (R3) Zoning District, intended to provide
opportunities for a higher density residential setting with a mix of housing units which are
predominately multi -family units close to concentrations of public services, employment and/or
recreation; and
WHEREAS, there is a need in Seward for more year-round, affordable housing; 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 Multi -Family Zoning District states that it is "intended
to provide opportunities for a higher density residential setting with a mix of housing
units which are predominately multi -family units close to concentrations of public
services, employment and/or recreation. This may provide a transition between more
intensive districts and lower density residential areas if sufficient screening and design
features are provided to protect multi -family residences from undesirable effects."
According to the Land Use Allowed Table, § 15.10.226, multi -family dwellings of 3 or
more units are allowed within a Multi -Family District with a Conditional Use Permit.
39
Seward Planning and Zoning Commission
Resolution No. 2021-023
Page 2 of 4
B. The value ofadjoining property will not be significantly impaired.
Finding: This condition has been met. The applicant has brought utilities to these lots,
which adds values to the adjacent vacant lots that now have easier access to utilities.
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, on -site parking will be
provided for the dwelling units.
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.
tit
Seward Planning and Zoning Commission
Resolution No. 2021-023
Page 3 of 4
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. A minimum of 7 parking spaces should be provided on -site for the 3-plex, and 9 parking
spaces for each of the 4-plexes.
4. All parking and maneuverability shall remain on site for the life of the use.
5. All areas not devoted to buildings, drives, walks, parking areas or other authorized
installations shall be covered with one or more of the following: lawn grass, natural or
ornamental shrubbery or trees.
6. Bear -proof / bird resistant containers shall be provided for all garbage and refuse for
the life of the use.
7. 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.
8. 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
the administration to issue a conditional use permit to Phil Zimmerman to construct a 3-plex and
two 4-plexes at 2004, 2006, 2008 Phoenix Road on Lots 8, 9, 10, Block 4, Gateway Subdivision,
Addn No. 1.
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.
:si
Seward Planning and Zoning Commission
Resolution No. 2021-023
Page 4 of 4
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 19th
day of October 2021.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Cindy L. Ecklund, Chair
M
P&Z Agenda Statement
Meeting Date: October 19, 2021
Through: Courtney L. Bringhurst, Acting Community Development Director
From: Courtney L. Bringhurst, Planner
Agenda Item: Resolution 2021-023 Application for a Conditional Use Permit
to Construct a 3-plex and two 4-plexes on Lots 8, 9, 10, Block
4, Gateway Subdivision, Addn No. 1, Located at 2004, 2006,
2008 Phoenix Road; Within a Multi -Family (R3) Zoning District
BACKGROUND & JUSTIFICATION:
Phil Zimmerman has applied for a Conditional Use Permit (CUP) from the Seward Planning and
Zoning Commission to construct a 3-plex and two 4-plexes on his properties located at 2004, 2006,
2008 Phoenix Road on Lots 8, 9, 10, Block 4, Gateway Subdivision, Addn No. 1.
The proposed project for this CUP would add 11 dwelling units to Seward. There are a variety of
housing needs in Seward that this addition of homes will help to meet. Whether employee housing
or long-term residents, the addition of affordable housing will benefit the economy and community
of Seward.
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
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: According to City Code § 15.10.215 — Parking, multi -family dwellings are required to
have 2 parking spaces per dwelling unit plus 1/z space for every unit larger than 2-bedrooms or
greater than 1,000 square feet in size.
43
CONSISTENCY
CHECKLIST:
Yes
No
N/A
Comprehensive Plan (2030, approved by Council 2017):
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
2
market levels (Page 9).
X
Expand availability of affordable, diverse, year-round housing (Page 18)
Staff Comments:
Department
Comments
No
Comment
N/A
Building Department
A building permit will be required for
each project.
Fire Department
All construction must meet locally
adopted codes.
Public Works
Department
X
Harbor Department
X
Police Department
X
Electric Department
X
Telecommunications
X
Public Notice:
Property owners within three hundred (300) feet of Lots 8, 9, 10, Block 4, Gateway Subdivision,
Addn No. 1 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 public
inquiries regarding the proposed Conditional Use Permit. Public comments regarding the project
have been submitted to the Planning and Zoning Commission for their review and included in this
packet. If any further correspondence is received after publication of this agenda statement, it will
be presented as a lay down item at the Commission meeting.
44
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. A minimum of 7 parking spaces should be provided on -site for the 3-plex, and 9 parking
spaces for each of the 4-plexes.
4. All parking and maneuverability shall remain on site for the life of the use.
5. All areas not devoted to buildings, drives, walks, parking areas or other authorized
installations shall be covered with one or more of the following: lawn grass, natural or
ornamental shrubbery or trees.
6. Bear -proof / bird resistant containers shall be provided for all garbage and refuse for the
life of the use.
7. 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.
8. 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 2021-023, granting a conditional use permit to Phil Zimmerman a 3-plex and two 4-
plexes at 2004, 2006, 2008 Phoenix Road on Lots 8, 9, 10, Block 4, Gateway Subdivision, Addn
No. 1, in a Multi -Family (R3) Zoning District.
W
o•
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CITY OF SEWARD Community Development
P. 0. &)x 167 907.224.4049 907.224A038
tax ,
I l0 .\dams SLre(n CPty of Sews
rd
Sctrard._Aliska 99661
SEP 7 7 202,
'aommun;
CONDITIONAL USE PERMIT APPLICATION
This completed application is to be
submitted to the City Clerk no later
than three (3) 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 filing fee.
Approved permits will require an PL
Address: 33318 Bear Lake, Seward
Telephone Number: 907-362-3291 Email: gpenterprise88P_gmail.com
Property Owner (if other than applicant):
Address:
Telephone Number: Email:
Property Description �, i
1�
Address: 2004, 2006 & 2008 Seward, AK 99664 Lot Size: 30056.4 sq ft
Lot: 8 9 10 Block: 4 Subdivision: Gateway Subdivision
Kenai Peninsula Borough Tax Parcel ID Number: 14�535112, 14535113, 145351.14
Development Information
What structures are on the property? NIA
How is the property being used? New Construction in New Subdivision all new utilities added 2020
What is the proposed use of the property? Build multi -family Homes
What is the development timeline? 1 year
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)
47
A) The proposed use is consistent with the requirements of the Seward Zonincg Code
and the designated zoning district. Please describe the use -
Multi -Family residential district(R3). Intended to provide opportunities for a higher density
residential setting with a mix of housing units which are predominately multi -family units close to
concentrations of public services, employment and/or recreation. This district may provide a
transition between more intensive districts and lower density residential areas if sufficient
screening and design features are provided to protect multi -family residences from undesirable
effects
B) Describe any impacts to the adjoining properties and how property values may be
affected. There will not be any impacts or affected property value since this is a new build and
application is also the owner of all empty parcels
C) How is the proposed use consistent with the Seward Comprehensive Plan_ ? Explain. You can
view the plan at: http://www.cityofseward.usl
Yes. The proposed use is consistent with Community Values, Land Use and Housing.
3.1 Economic Development page 21, Vol 1
3.1.1.4 Support private sector business, employment, and programs.
3.1.1.4 Support home businesses.
3.1.1.4 Support and encourage the growth of business.
3.2 Land Use, pages 21 & 22, Vol 1
3.2.1 Promote residential and commercial development within the City of Seward and its vicinity in
accordance with community values
3.2.1.1 Develop infrastructure and utility expansion plans for all undeveloped residential and commercial
property within city limits.
3.2.1.2 Expand the opportunity for affordable, diverse, year-round housing through
appropriate land use regulations.
Support apartments and high -density residential development, including seasonal worker housing
3.3 Housing, page 22, Vol 1
3.3.1 Encourage development of new housing in Seward
3.3.1. Support a range of housing choices that meet the needs of people in various income and age
groups
33.1 Obtain information from comparative communities throughout the nation concerning their housing
processes, including subdivision development.
3.3.1 Encourage the development of seasonal employee housing.
3.3.1.2 Create incentives to provide land for housing development within the City of Seward.
D) Describe / list the public services and facilities that will serve the proposed use. (i.e. roads
utilities.
Seward Public Utilities: water, sewer, electric; City roads: Phoenix, Alaska Waste: bear proof
dumpstcr, Shoreside: oil/fuel delivery
E) The proposed project or use must not be harmful to the public health, safety and welfare.
Describe any miti ation measures that may be needed to protect the public health safety and
welfare.
The proposed project will enhance public health, safety and welfare in the Seward community by
providing much needed affordable housing
48
F) Include building elevation plans and a site plan, drawn to scale. The site plan should include:
1) Property dimensions
2) Location and dimensions of existing and planned buildings
3) Parking configuration
4) Driveways and access
5) Natural features
6) Other pertinent information
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:
( X ) Owner of record
( )Lessee
( ) Contract purchaser
( ) Authorized to act for a person who has the following legal interest:
SeaView Community Services Purchase & Sale agreement with current owners, Robert and Carroll
O'Neal.
I understand that this item will be scheduled for action only if all application materials are
submitted not less than three weeks in advance of the next regularly scheduled Planning and
Zoning Commission meeting. Rg,)lar meetings are held the first Tuesday of every month.
Z
Applicant Signature:
Property Owner Signature:
Enclosed:
�G
$300 Payment (nonrefundable) ( )
Dimensioned plot plan 1 drawings ( )
Other: ( )
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58
Dear Planning and Zoning Commission,
This letter addresses Resolution 2021-023.
We are property owners in Gateway Subdivision, building a permanent single family residence, at 2002
Dunham Drive and three wooded lots adjacent along Phoenix Road. As a property owner within 300
feet of the properties under discussion for a Conditional Use Permit, I would like you to take these
things into consideration:
If Planning and Zoning permits the construction of multi -unit buildings on lots 8, 9, and 10, Block 4
Gateway Subdivision, we propose these three things be included in the Conditional Use Permit:
• That there be ample ON site parking space for 23 vehicles, 2 spaces per unit and a % space per
extra bedroom.
• That there be covered garbage storage, preferably not a dumpster at the end of the driveways.
• That there be ON building lighting, lighting each unit entrance, and not entire parking area
lighting that throws ambient light around the neighborhood.
In conclusion I would like to add:
Before beginning construction at 2002 Dunham Drive we consulted the Future Land Use Map in the
2030 Comprehensive Plan adopted by the City of Seward in May 2017, and saw that the area called
Gateway Subdivision was to be zoned R2 — Two Family Residential. We understood that this was the
direction of future development for this area. Seward is in need of affordable long term housing for
young families. This is the perfect undeveloped area in Seward to have affordable long term housing for
families; it is within walking distance to all three schools, as well as the grocery stores, small boat harbor
attractions, and downtown shopping.
Thank you,
Sharon Stevens-Ganser and Mark Ganser
6T]
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2021-024
A Resolution of the Planning and Zoning Commission of the City of Seward,
Alaska, Granting a Variance to City Code §15.10.22 Development
Requirements to James Protzman to Construct a Building With a Height That
Exceeds 34' 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 Variance to City Code § 15.10.222
Development Requirements from the Seward Planning and Zoning Commission to construct a
building with a height that exceeds 34' 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 additional building height will provide more livable square footage to the
year-round dwelling units; and
WHEREAS, additional resources available to the Seward City Fire Department, as well
as current Fire and Building Code, will address any life safety issues that could potentially be
caused by a building exceeding 34' in height; 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 15.10.325.D., the Commission shall establish a finding that
the use satisfies the following conditions prior to granting a variance:
1) The use is consistent with all of the general conditions required for a conditional use
permit; which are:
A. The use is consistent with the purpose ofthis 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
60
Seward Planning and Zoning Commission
Resolution No. 2021-024
Page 2 of 5
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 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, which the applicant has
already received, and home occupation is allowed outright in a Central Business
District.
B. The value ofadjoining 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)
"Continue working with the Alaska Railroad, Alaska Marine Highway System,
shipping, and cruise ship industries to ensure the expansion and modernization of
the freight and cruise ship port facilities" (Page 7).
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).
61
Seward Planning and Zoning Commission
Resolution No. 2021-024
Page 3 of 5
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.
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.
2) Special conditions and circumstances exist which are peculiar to the land or
structures involved and which are not applicable to other lands and structures in the
same district.
Finding: No special conditions or circumstances exist for this specific variance to the
height restriction in Code. Any property owner in the Central Business District could
apply for the same variance.
3) The special conditions and circumstances have not been caused by actions of the
applicant.
Finding: The special conditions and circumstances have not been caused by the actions
of the applicant.
4) Financial hardship or inconvenience shall not be a reason for granting a variance.
Finding: Financial hardship or inconvenience are not reasons for applying for a height
variance. The additional height will actually add cost to the project, but it will provide
future owners more livable space per dwelling unit.
5) Other nonconforming land use or structures shall not be a reason for granting a
variance.
Finding: Other nonconforming land uses or structures are not reasons for this variance
application. Any other property owner could apply for a similar variance.
6) A variance shall be the minimum variance necessary to permit the reasonable use of
the land or structure.
Finding: The additional 10' on the building will be used as a loft for the six dwelling
units on the first floor. This will add square footage and more livable space year-round.
7) A variance shall not be granted which will permit a land use in a district which that
use is otherwise prohibited.
Finding: This variance does not permit a land use in a district which that use is
otherwise prohibited. Dwellings are allowed in a Central Business District with a
Conditional Use Permit, which the applicant has already received.
62
Seward Planning and Zoning Commission
Resolution No. 2021-024
Page 4 of 5
Based on the above findings and conclusions, approval of the Variance to City Code
§15.10.222 Development Requirements 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. Per Seward City Code § 15.10.325(f). an approved Variance 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.
5. Modification of final approval of a Variance may, upon application by the
permitee, be modified by the Planning and Zoning Commission:
a. When changed conditions cause the variance 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 variance to City Code § 15.10.222
Development Requirements provided the conditions listed on Section 1, Subsections 1 through 7
are met by the applicant, and authorizes the administration to issue a Variance to James Protzman
to construct a building with a height that exceeds 34' 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 variance is paramount in maintaining the intent of Seward City Code Section 15.10.325:
Conditional Use Permits, and authorizes the administration to issue a variance. 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.
63
Seward Planning and Zoning Commission
Resolution No. 2021-024
Page 5 of 5
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 19th
day of October 2021.
AYES: Sullivan, Swann, Charbonneau, Verhey
NOES:
ABSENT: Ambrosiani
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Cindy L. Ecklund, Chair
64
P&Z Agenda Statement
Meeting Date: October 19, 2021
Through: Courtney L. Bringhurst, Acting Community Development Director
From: Courtney L. Bringhurst, Planner
Agenda Item: Resolution 2021-024 Application for a Variance to City Code
§ 15.10.22 Development Requirements to James Protzman to
Construct a Building With a Height That Exceeds 34' on Lots
37-40, Block 4, Original Townsite Of Seward Alaska, Located
At 134 Fourth Avenue; Within a Central Business (CB) Zoning
District
BACKGROUND & JUSTIFICATION:
James Protzman has applied for a Variance to City Code § 15.10.222 Development Requirements
from the Seward Planning and Zoning Commission to construct a building with a height that exceeds
34' on his property located at 134 Fourth Avenue on Lots 37-40, Block 4, Original Townsite of
Seward, Alaska.
These lots have a limited amount of ground level square footage in which to construct year-round
housing with adequate space. So, the additional footage in height will allow Protzman to add more
livable space to the six dwelling units on the first floor.
As stated in City Code § 15.10.220 Development Requirement, "the purpose of height standards is
to prevent loss of life or excessive property damage through the inability of the City fire department
to reach upper stories or roofs, and to help maintain the character of neighborhoods. However,
additional resources available to the Seward City Fire Department, as well as current Fire and
Building Code, will address any life safety issues or property damage that could potentially be
caused by a building exceeding 34' in height.
SURROUNDING LAND USE AND ZONING:
Development Requirements: The proposed structure meets the Zoning Code Development
Requirements (Table 15.10.222) including lot coverage, minimum buildable lot size, except
building height for which this variance application is being submitted.
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
65
connecting to all of those. Adequate fire, police and solid waste disposal services are available to
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 20 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
2
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
Building will need to meet building
and fire code
Fire Department
City adopted Building and Fire codes
will address any concerns on the
additional height. No concerns from
the fire department.
Public Works
No issues on the height. Curious about
Department
plans for rain and snow drainage from
the roof.
Harbor Department
X
Police Department
X
Electric Department
X
Telecommunications
X
66
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 variance 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 Variance. 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. Per Seward City Code § 15.10.325(f). an approved Variance 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.
5. Modification of final approval of a variance may, upon application by the permitee, be
modified by the Planning and Zoning Commission:
a. When changed conditions cause the variance 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 2021-024, granting a Variance to City Code §15.10.222 Development Requirements
to James Protzman to construct a building with a height that exceeds 34' at 134 Fourth Avenue, Lots
37-40, Block 4, Original Townsite of Seward Alaska, in the Central Business Zoning District (CB).
67
68
APPLICATION FOR VARIANCE
City of Seward
Planning and Zoning
P.O. Box 167, Seward, Alaska, 99664
907-224-4048
This completed application is to be submitted to the City Clerk no laterthan three (3) weeks in
advanceof the nextregularly scheduled Planning &Zoning Commission meeting held the first
Tuesday of each month.
Property Owner/Agent
Owner's Contractor(If Any)
Name:
!►'1 %
rA e. , r lZ c - �ii
ll
Name: ill e' ) 7� )a
City of Seward Business License #:
Mailing Address:
M 4-1%
}A,(—, i�of /46�}�������
Alaska Business License #:-
Contractor's License
Contact Phone:
MailingAddress:
Contact Phone: 6
-mai :
E-mail:
Property In ormation
Size of Property: o0
Property Tax #:
Street Address: r
Legal Description: Lot (s) 3 Z - Block --A Subdivision 014 v i w k t0l`l 5A. cc—
OR Parcel/Tract_ Section Township Range_
[Attach additional page if necessary]
Zoning: 0City Limits []Rural Residential (RR) ❑Single Family Residential (R1) )
❑Two Family Residential (R2) ❑Multiple Family Residential (R3) ❑Urban Residential (UR)
[]Office Residential (OR) []Harbor Commercial (HQ ❑Auto Commercial (AC)
ACentral Business District (CB) ❑Industrial (I) ❑ Institutional (INS) ❑Park (P) ❑Resource
Management (R)
69
The application must be accompanied by:
❑Fee $300.00
❑ As -Built Survey by a surveyor registered in the State of Alaska ((if already developed)
or
Scaled site plan of undeveloped land which shows:
Property dimensions R location and dimensions of existing and planned buildings
parking configuration L driveways/access; ❑ natural features
ltNariance requested F other pertinent information
licant seeks a variance from the following general re uirement s :
A. Variance Request for Code Sections #: Code must be referenced
B. The existing situation is:
C. Granting ^this variance would permit:
4 0'
D. What structures are located on the property?
0oVIC..
E. What is the existing use of the property?
F. What is the proposed use of the property?
G. What is your development time schedule?
? r,
�\1116,20
rig
The Planning & Zoning Commission may only grant a variance if the Commission finds all of
the following conditions are met. Each condition must have a response in as much detail as it
takes to meet the condition. Please use additional paper if there is not enough room here for
your response. Failure to document your case reduces the likelihood of your variance being
granted.
The Applicant hereby alleges that:
1. The proposed action is consistent with all of the general conditions required for a
conditional use permit as follows:
A. The use is consistent with the purposed of the Zoning Code and the purposes of the zoning:
B. The value of the adjoining property will notbe significantly impaired:
C. The proposed use is in harmony with the Seward Comprehensive Plan:
D. Public services and facilities are adequate to serve the proposeduse:
E. The proposeduse WILL NOT be harmful to the public safety, health or welfare:
M/ C141 w r (i E d M f 4
. Special conditions and circumstances exist which are peculiar to the land or structures involved
and which are not applicable to other lands and structures in the same district. These special
conditions are:
/V 11A/e-, -
. The special conditions and circumstances have not been caused by actions of the applicant in
that:
. Financial hardship or inconvenience shall not be a reason for granting a variance in that.
r`i
5. Other non -conforming land use or structures within the district shall not be considered grounds for
kranting a variance in that.
IN
6. The variance granted is the minimum variance that will make possible a reasonable use of the land,
building or structure in that:
TL
7. Granting the variance will not permit a use that is not otherwise permitted in the district in which the
property lies in that:
I hereby certify that all statements and other information submitted are true and accurate to the
best of my knowledge, and that I, as applicant, have the following legal interest in the
property: Owner of record; Lessee; Contract Purchaser; duly authorized to
act for a person who has the following legal interest : and that the
owner of record is knowledgeable of this application if I am not the owner. I understand that
he variance fee is non-refundable to cover the cost associated with processing this
application and that it does not assure approval of the variance.
O ner or Agent Date/
OVISIONS: The applicant is advised that issuance of this permit will not relieve responsibility of the
owner or owner's agents to comply with the provisions of all laws and ordinances, including federal, state
and local jurisdictions, which regulate construction and performance of construction, or with any private
deed restrictions.
Office Use Only Below This Line
[]Fee $300.00 Site Plan Location Map []Fee As -Built Survey
INCOMPLETE APPLICATIONS WILL NOT BE
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Sponsored By: Staff
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2021-025
A Resolution of the Planning and Zoning Commission of the City of Seward,
Recommending the City Council Amend Portions of Seward City Code
15.10.140 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, the 05/19/2020, 10/20/2020, 12/15/2020, 1/19/2021 5/4/2021, 7/6/2021,
8/17/21, and the 9/21/21 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.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission recommends Ordinance 2021-XXX attached and
incorporated herein by reference, be forwarded to City Council for approval.
Section 2. This resolution shall take effect immediately upon its adoption.
81
Seward Planning and Zoning Commission
Resolution No. 2021-025
Page 2
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 191h day of
October 2021.
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Brenda Ballou, MMC
City Clerk
THE CITY OF SEWARD, ALASKA
Cindy L. Ecklund, Chair
(City Seal)
82
P&Z Agenda Statement
Meeting Date: October 19, 2021
Through: Courtney Bringhurst, Acting Community Development
Director
From: Courtney Bringhurst, Planner
Agenda Item: Amending Portions of Seward City Code 15.10.140 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
BACKGROUND & JUSTIFICATION:
In the past 2 years the Planning and Zoning Commission has held numerous public work sessions to
review and update portions of Title 15 of the City Zoning Code. The Commission held eight (8)
public work sessions specifically reviewing and amending Sections 15.10.140 Definitions and
15.10.226 Land Uses Allowed. August 17, 2021 the Commission and the City Council held a joint
public work session to review each of the requested changes, and September 21, 2021 the Planning
and Zoning Commission held another public work session to follow up on those suggested changes.
The Commission has reviewed and discussed the Definitions and Land Uses Allowed sections of the
Seward City Code (SCC) in depth. Members of the public were present and expressed comments
and concerns during many of the work sessions. The Commission has addressed and accommodated
all public concerns and input through the proposed changes.
Consistency Checklist:
Yes No
1. Comprehensive Plan (2030) X
2.2.8 City Government
• Continue to review and update the city code.
3.7.1.3 Continue to improve the quality and efficiency of city governmental services
NA
83
Planning and Zoning
Agenda Statement
2. Strategic Plan (1999)
Goals and Objectives
01
• "Adjust local development regulations, where appropriate, to encourage development
that is consistent with our economic base vision" pg 5
RECOMMENDATION:
The Commission approve Resolution 2021-025, Recommending the City Council Amend
Portions of Seward City Code 15.10.140 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
84
Sponsored by: Planning and Zoning Commission
Introduction Date: October 25, 2021
Public Hearing Date: November 8, 2021
Enactment Date: November 18, 2021
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,
Amending 15.10.226 J Employee Campground, 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, the 05/19/2020, 10/20/2020, 12/15/2020, 1/19/2021 5/4/2021, 7/6/2021,
8/17/21, and the 9/21/21 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 26, 2021 meeting, the City Council failed ordinance 2021-006
Amending portions of Seward City Code 15.10.140 Definition; 15.10.226 Land Uses Allowed,
requesting a joint work session with the Planning and Zoning Commission and further review.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Section 15.10.140 is hereby amended to read as follows:
(lam = deletions, Underline = additions and are bold italics):
85
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
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 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 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 structure means any structure regardless of type of foundation or base
support, including skid -mounted or other moveable structures.
(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,
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 livinz and doing their own cookinz independently of any other
individual or family in the same buildinz.
86
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
a. Commercial buildinz 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
dwellin,- unit consistin- of not more than one habitable room which includes
combined kitchen, dinin,- and sleepin,- areas with accompanyin,- sanitary
facilities, and which is located within or shares a common wall with a single-
family dwelling.
C. Owner or manazer apartment. An apartment within a buildin'- that is
designed to be used exclusively as the livin,- quarters for the owner or
manager's family of that buildinz or a commercial business located in the
buildinz.
d. Studio apartment. A small apartment less than 500 square feet with a fully
functional kitchen and bathroom.
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 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 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
muests for residential occupancy and in which no cookin'- or dinin'- facilities
are provided in the individual rooms.
b. Meals may be re-ularly 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.
14 Building area. 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.
1 _S 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:
87
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
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 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 License. A permit issued by government agencies that allows individuals
or companies to conduct business within the government's geographical jurisdiction.
20 Business, personal service. The conduct of business where personal assistance is
offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc.
21 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.
22 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.
23 Camping unit. A tent or recreational vehicle.
24 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.
25 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.
26 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.
88
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
27 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.
28 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 Martment. See Apartment
29 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.
30 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)
31 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)
32 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.
33 Drive-in facilit.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.
34 Dwelling. Means any building or portion thereof designed or arranged to provide
year -around living for residential occupancy by not more than one family and
includes facilities for sleeping, cooking and sanitation.
a. 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 extendinz from ground to
roof or unpierced ceilinz and floor extendinz from exterior wall to exterior
wall, except for a common stairwell exterior to both dwellinz units.
C. Guest house. An accessory building occupied on a temporary basis solely by
nonpaying guests.
d. 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.
89
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
e. 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.
f 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.
(Single-family, attached. see townhouse)
& Single-family A building designed and/or used exclusively for occupancy of
one family and entirely surrounded by open space on the same lot.
h. Unit, dwelling unit. A single unit providing complete, independent living
facilities for one or more persons, including permanent provisions for living,
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.
35 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.
36 Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal
commonly kept as livestock.
37 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.
38 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.
39 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.
40 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.
41 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.
(Group care home. See Housing Unit)
(Guest house. See Dwelling)
42 Guest Room. A room used or intended to be used by one or more guests for living
or sleepinz purposes.
OIL
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
43 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)
44 Health club. Includes, but is not limited to, gymnasiums (except public), private clubs
(athletic, health or recreational), reducing salons and weight control establishments.
45 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.
46 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.
47 Home professional office. A home occupation consisting of the office of a
practitioner of a recognized profession.
48 Hostel. A building, or portion thereof, in which temporary or overni,-ht lodzin,- is
Provided for hikers, cyclists or other travelers not zenerally travelin'- by car. (See
Lodging)
49 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 -roup of rooms in which sleepin,- 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.
50 Hotel. A facility with six or more guest rooms and on -premises management
offering transient lodging accommodations to the general public on a daily rate
where access to all sleepin,- rooms is through a main entrance and which may
Provide food, entertainment, meetinz rooms, recreational facilities or various
personal services. Includes lod,-es and inns.
51 Housing Unit. 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.
psi
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
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.
52 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.
53 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.
54 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.
_S_S 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 (OTAPThird-party agents that
list accommodations and advertise them through their own network. VRBO and
Airbnb are examples of vacation rental listing sites.
57 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 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 Lodging. The renting out of a dwelling, or portion thereof, to provide overnight
sleeping accommodations for a period of less than 30 consecutive days.
60 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;
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CITY OF SEWARD, ALASKA
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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.
61 Lumber a�An establishment that sells sawn timber and other building materials
typically stored on the premises.
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 Manufacturing, light. A use engaged in the manufacture, predominantly from
previously prepared material, of finished products or parts, including processing,
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fabrication, assembly, treatment, packaging, incidental storage, sales and distribution
of such products, but excluding basic industrial processing.
64 Marijuana. Marijuana means "marijuana" as that term is defined in Alaska Statute
17.38.900 and any amendments thereto.
65 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 facility. -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 manufacturing _ facilit,-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 facilit.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 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 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)
68 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 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)
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70 Motel. A building, or group of detached or connected buildin,-s, having six or more
guest rooms, an on -premises manager and parking conveniently located on the
premises, which are desi,-ned primarily to offer sleepin,- accommodations, with or
without meals, to the motoring public on a daily rate. Includes designations such
as motor lod,-es, 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 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 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 Owner. Any person, anent, operator, entity, firm or corporation having any leg -al
or equitable interest in the property; or recorded in the official records of the state,
borou,-h or municipality as holdin,- an interest or title to the property; or otherwise
Navin,- possession or control of the property, includin'- the 'quardian 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 by a court.
78 Park. Any public land available for recreational, educational, cultural or aesthetic use.
79 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 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 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 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.)
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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 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 Professional office. The office of a member of a recognized profession maintained
for the conduct of that profession.
87 Recreational, indoor commercial. A facility accommodating such indoor recreation
activities as skating rinks, bowling lanes or shooting/archery ranges.
88 Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice
rinks, playing fields or miniature golf.
89 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 Recreational vehicle (RV) park. 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 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.
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 Repair service, household/appliance. A business establishment where repairs are
made to appliances and furniture.
94 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 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
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b. A cafeteria -type operation where food and beverages generally are consumed
within the restaurant building.
97 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 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, funk). 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 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 School, adult vocational..A facility providing a general curriculum of adult academic
or vocational instruction.
103 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
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 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 Permit. An official document issued by the City verifyinz that
an individual has met all the requirements to le -ally operate a hosted lodzinz unit
or whole house nizhtly within City limits.
106 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/housinz rental market.
107 Short -Term Rental Transaction. A transaction whereby a Licensee accepts
payment or any other remuneration from another person for lodzin
accommodations for a period of less than thirty (30) consecutive days.
(Single-family, See Dwelling)
108 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 dwellinz unit are not
sleepinz units.
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109 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.
110 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.
111 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.
112 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.
113 Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt.
114 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.
115 Townhouse. A building containing two or more dwelling units, each of which has
Primary zround 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).
116 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.
117 Transient. Occupancy of a dwelling unit or sleeping unit for not more than 30 days.
118 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;
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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)
119 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.
120 Vehicle, motor. A self-propelled device used for transportation of people or goods
over land surfaces and licensed as a motor vehicle.
121 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.
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.)
122 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)
123 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.
124 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
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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.
125 Whole House Nightly. 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 dwellinz 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 lod,-in,- of muests payin,- a fee or other
compensation for a period of less than 30 consecutive days.
126 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
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.
127 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, 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.
Within residential districts, a hosted lodging unit 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.
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(4)Within commercial districts, a hosted lodging unit is limited to the rental of not more
than five guest bedrooms regardless of building or business ownership.
(5) Within commercial districts as well as OR and R3, whole house nizhtly rentals are
limited to the rental of not more than five guest bedrooms.
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) The rental of individual rooms for lodging purposes is not extended to apartment unit
tenants.
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.
(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
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CITY OF SEWARD, ALASKA
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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
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 city 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.
CITY OF SEWARD, ALASKA
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(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
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.
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CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
(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:
(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 15 and no later than September 30.
(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 employ
eampground may be open for more than 150 days per- ealendar- year-, and may not
open earlier- than April 15, nor- r-emain aefive later- than September- 30, . I . I i
r-esolution of the City Couneil based on speeffie findings that a longer- term, eadie-r
104
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
eireumstaftees.
(2) Camping units as described in 15.10.140 are not permitted. For the purposes of this
section, a campinz unit is described as a temporary sin, -le unit providinz livinz
facilities for one or more persons.
1. Camping units shall have at least 10 feet of clear space between each camping
unit.
(3) Occupancy in an employee campground is limited to the transient workers of that
industry or business granted a conditional use permit .
(4) Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee
campgrounds.
(5) Sanitary facilities shall be provided and 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.
(6) The requirements for- spaeing shall be at least ten feet elear spaee between
inits. Camping units, other- than those being used for- living
shall not be par -lied within the eampground 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 Building Codes shall be applied at the time of permit for use.
4. Annual permit information. The property owner shall report to the city the followinz
minimum information:
1. The address of the short-term rental.
2. Contact name(s) of the property owner.
3. The total number of nizhts the short-term rental was occupied for transient
accommodation or lodzinz with bed tax application.
4. The Short -Term rental's maximum occupancy.
5. Location of assi,-ned off-street parkinz, if applicable.
6. Documentation of annual fire safety inspection si,-ned by the Seward Fire
Department.
7. Twenty-four (24) hour contact information for the property owner or local
representative.
1191..1
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
8. A copy of the official Emer,-ency Mana,-ement tsunami evacuation route map.
5. Application of health, fire safety, and building codes. Short-term rental facilities
shall meet all applicable health, fire safety, and building codes.
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 fre
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 of Seward business license fee required by Chapter
8.30.
a. Renewals will be accepted every October (regardless of the original 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, regardless of whether the
licensee obtains liability insurance for the short-term rental throu,-h that
Insurance Company. The Licensee shall verify compliance with this
notification requirement by executin,- and submittin'- a form affidavit
provided to the Community Development 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 azwezate. Such coverage 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 Hostinz Platform that provides equal or-reater insurance coverage for
each Short -Term Rental Use. provided that the Licensee abides by the
notification requirements.
1191.1
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
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 covers,-e 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 $1000 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)
City of Seward, Alaska Seward Planning & Zoning Commission Special Meeting Minutes
September 7, 2021 Volume 7, Page 487
CALL TO ORDER
The September 7, 2021 regular meeting of the Seward Planning & Zoning Commission
was called to order at 7:00 p.m. by Vice Chair Tom Swann.
OPENING CEREMONY
Commissioner —Charbonneau_ led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Tom Swann presiding, and
Clare Sullivan
Vanessa Verhey
Nathaniel Charbonneau
Excused — Gary Seese
Cindy Ecklund
Absent— Craig Ambrosiani
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
No one was signed in or made a comment
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Charbonneau/Sullivan) Approval of Agenda and Consent Agenda
Motion Passed AYES: Charbonneau, Swann, Verhey,
Sullivan
NOES: None
August 3, 2021 Regular Meeting Minutes were approved on the consent agenda.
108
City of Seward, Alaska Seward Planning & Zoning Commission Special Meeting
September 7, 2021 Minutes Volume 7, Page 488
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Administration Report:
Community Development Director Jackie Wilde —stated that this morning she had
given her two -weeks' notice of her resignation as Community Development Director. Wilde stated
that the planning process is meant to serve the public interest, and requires a consistency of policies
held that support the entire community. Those who practice planning need to adhere to a higher
level of ethics in their practice. Wilde wanted to thank every commissioner and council member
and City staff who she has worked with over the past 11 years.
Other Reports, Announcements, and Presentations —None
UNFINISHED BUSINESS REQUIRING A PUBLIC HEARING
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, TIN, R1W, Seward Meridian SW, That Point
Known As The Seward Airport, Physical Location, 2310 Airport Road
Tom Swann opened public hearing on this item.
Public Comments: Steve Leirer stated the he owns parcel 4 shown in the preliminary ROW
acquisition replat. Leirer stated that he would not sell only 1.986 acres of his property, and that
he would only consider selling the entire 19 acres. Bob Linville stated that the long runway is
essentially a dyke, and if it is not maintained it will be breeched at some point. Linville stated that
the DOT never listened to the concerns the citizens expressed during the whole process of the
Airport project. Linville asked the Planning Commission to vote `no' to the preliminary ROW
acquisition replat. Carol Griswold stated that she agreed with the previous comments about the
Airport, and stated that the Commission should vote `no' to the preliminary ROW acquisition
replat. She stated that the parcels being acquired for the ROW would not make the approach to
the new runway safe. Retaining the existing long -runway would prevent unnecessary filling,
clearing, and grubbing.
Applicant Comments: Joy Vaughn stated that the DOT cannot raise the current runway because
of the FEMA Firm map that was adopted completely separate from the airport project. Whenever
there is a floodway placed on an official map, a property owner cannot add fill to where the
floodway is located. Also, the project is funded by FFA, which has their own requirements. The
runway cannot simply be repaved, the DOT would have to dig down a certain amount and
reconstruct the entire runway. If the DOT completely reconstructs the runway they have to prove
that there are a certain amount of aircraft using the airport, and the DOT could not prove that. So,
the DOT cannot add more fill because of FEMA, and cannot reconstruct because of FFA. Vaughn
stated that the FFA also requires a larger separation between the apron and the runway, which is
why the shorter runway is being shifted. DOT is trying to be sensitive to the Salmon streams.
109
City of Seward, Alaska Seward Planning & Zoning Commission Special Meeting
September 7, 2021 Minutes Volume 7, Page 489
Motion (Sullivan/Charbonneau)
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, TIN, R1W, Seward
Meridian SW, That Point Known As The Seward
Airport, Physical Location, 2310 Airport Road
Tom Swann closed public hearing and asked for the staff report. Bringhurst stated that there was
a Substitute Resolution that needed to be brought forward with a motion.
Motion (Charbonneau/Verhey)
Substitute 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 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
Bringhurst read the staff report from the Substitute Resolution and Agenda statement. Tom
Swann stated that the Commission should be aware that their decision tonight is simply about the
acquisition of the three parcels of land and whether or not they were suitable to be acquired by the
airport, and that they were not to discuss other aspects of the Airport project that did not pertain to
the acquisition of those three parcels of land. The Commissioners agreed.
Motion Passed
PUBLIC HEARINGS
AYES: Sullivan, Swann, Charbonneau,
Verhey
NOES: None
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
Tom Swann opened public hearing on this item.
isle]
City of Seward, Alaska Seward Planning & Zoning Commission Special Meeting
September 7, 2021 Minutes Volume 7, Page 490
Applicant Comments: James Protzman stated that he grew up in Seward and has a long family
history in Seward. Protzman saw the vacant lot downtown and thought it would be a perfect place
for some long-term residential homes. He has done construction in Anchorage, and he has wanted
for a long time to build this mixed -use building. Protzman stated that the townhomes would be
sold as long-term housing, not nightly rentals.
Public Comments: Tara Riemer, President and CEO of the Alaska Sealife Center and current
owner of the property stated that she was in favor of the project. Reimer stated that the Sealife
Center had been holding onto the property for future projects they had plans for, but when those
projects fell through they put the property back on the market. Riemer stated that the project James
Protzman is proposing is something that she supports and that it would greatly benefit the Sealife
Center and their employees, but also the City of Seward.
Motion (Charbonneau/Sullivan) 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
Tom Swann closed public hearing and asked for the staff report. Wilde read the staff report from
the Resolution and Agenda statement. Swann asked if any of the Commissioners had any reasons
why they should recuse themselves from this discussion. None of the Commissioners felt that they
should be recused. Charbonneau stated that he was grateful to see a property owner taking
responsibility for the parking their building would require. He asked if the building would actually
have 12 units or 10 units. Protzman clarified that the building would have 6 units on the second
floor and 4 units on the third floor for a total of 10 units. Verhey asked if the townhomes would
be individually owned or rented because she was concerned that there would be no way for James
Protzman to control whether or not the townhomes were used for long-term housing or nightly
rentals. Protzman stated that the units would be sold outright as Condos. He stated that there
would be Covenants, Conditions, and Restrictions (CCRs) that stated that the townhomes could
not be used as nightly rentals. Tom Swann stated that the main reason why a CUP is required for
housing in a Central Business District is because of the issue of parking. Swann stated that he
wanted to add a condition to the CUP stating that the applicant should meet the requirements for
parking under § 15.010.215 either on -site or off -site with a parking agreement submitted to
Community Development. Wilde read the parking requirements from City Code.
Motion (Swann/Sullivan) To Amend Resolution 2021-019 Adding A
Condition That The Applicant Meet The
Requirements For Parking Under §15.010.215
Either On -Site Or Off -Site With A Parking
Agreement Submitted To Community
Development
INS
City of Seward, Alaska Seward Planning & Zoning Commission Special Meeting
September 7, 2021 Minutes Volume 7, Page 491
Motion Passed
UNFINISHED BUSINESS - None
NEW BUSINESS
Review edits of Lodging and Dwelling Definitions
AYES: Sullivan, Swann, Charbonneau,
Verhey
NOES: None
Wilde explained why the edits of the Lodging and Dwelling definitions were being brought back
to the Commission. Wilde stated that the Commission could review the edits now, or decide to
postpone the review to a work session. The Commission decided to postpone the review of the
edits until the September 21, 2021 work session.
Work Session on September 21, 2021 @ 6:00 pm Topic: "Review Edits of Lodging and Dwelling
Definition and Continue Update and Review of Land Use Table and Planning For Ground
Truthing "
COMMISSION COMMENTS
Sullivan. Thanked planning department for all the hard work they have done. She
expressed how sorry she was to see Wilde leave. especially with all the paperwork and acquiring
laptops. Still feels like she is drinking from a fire hose.
Verhey. Stated that she appreciated Wilde's help with everything and that she will be
missed and that she was grateful for citizen's involvement.
Charbonneau Thanked staff and said that he was very sad to see Wilde leave.
Swann Stated that he didn't have words to express how he felt about Wilde's resignation.
CITIZEN COMMENTS
James Protzman explained that the parking stalls he had designed were bigger than
normal parking spots.
COMMISSION AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Tom Swann stated that he understood Protzman's situation, but that seeing as the
Townhomes would be sold as permanent homes, the owners would most likely have additional
vehicles/toys that would need to be parked somewhere.
"v:
City of Seward, Alaska
September 7, 2021
ADJOURNMENT (_Charbonneau_)
The meeting was adjourned at 8:26
Courtney L. Bringhurst
Acting Community Development Director
(City Seal)
Seward Planning & Zoning Commission Special Meeting
Minutes Volume 7, Page 492
p.m.
Cindy L. Ecklund
Chair
imp.]
DESIGN THINKING
Design thinking has emerged in recent years as away to bring more creative,"right brain" insights into
linear, "left brain' processes. Design has existed as long as the human species itself, enabling us to adapt to
new conditions and innovate in the face of changing needs. But design has traditionally focused on the
function and appearance of products and physical environments, while largely ignoring the creation and
delivery of services.
This disparity has led to a lot of badly designed systems, processes, and policies, resulting in unnecessary
dysfunctions and ugly consequences. Through design thinking, we can improve these services. For the
planning profession, design thinking also represents a creative, humanities -based approach to the physical
environment, complementing more data -driven, social -science approaches.
BACKGROUND
Design thinking represents an epistemological turn in the design disciplines. Design has traditionally been
thought of as a subjective activity, one that eludes analysis and that gets assessed according to the quality
of the final products and places it creates. But as the level of dysfunction in processes and services has
grown and the demand for design has increased accordingly, the design community has had to become
more explicit and transparent about its own methodologies and to articulate the reasoning and rigor of
what it does, something that even many designers have not always understood.
We learn in school about inductive and deductive reasoning, the former deployed in the sciences and social
sciences and the latter in mathematics. Both forms of reasoning seek consistent ways of understanding or
describing the world, and both have proven powerful in our efforts to control the world, for better or worse.
But there is a third form of reasoning —abduction —that lies at the very core of design thinking.This third
form of reasoning emphasizes creativity as much as consistency, making lateral connections among seem-
ingly disparate phenomena and reframing existing situations in new ways to achieve improved outcomes.
In a time of great social, economic, demographic, and technological disruption, design thinking's abductive
form of reasoning has become especially valuable.
ENHANCING THE PLANNING PROCESS
The design thinking process comprises five steps:
1. Researching: understanding a situation by mapping relationships and connections
2. Reframing: repositioning or reimagining the problem to achieve better outcomes
3. Ideating: describing and diagramming as many responses or solutions as possible
4. Prototyping: testing the most promising ideas as quickly and at as low a cost as possible
5. Iterating: assessing the results and repeating the process to find the best solution
These methods have some parallels with standard planning processes. Research is key to both, as is idea
generation as part of a community engagement process.The other aspects of design thinking, however,
differ from —and can add value to —the more linear paths that planning often follows.The use of lateral
thinking can help reframe problems in new and unconventional ways, and prototyping can allow for the
testing, evaluating, and iterating of ideas in low-cost, rapid ways before they become policy.
THINKING OUTSIDE THE BOX
In a situation that involves unprecedented change or that requires innovative approaches, design thinking
offers a variety of strategies to help people think in new ways. Some of the most common design strate-
Design thinking offers a creative, agile
five -step process thotcon help improve
planning processes and outcomes.
0
American Planning Association
Planning Advisory Service
Creating Great Communities for All
A Publication of the American Planningi4ssociation I PAS QuickNotes No. 90
gies that planners can use to move a community beyond problem identification to see opportunities and
possibilities include:
• Analogy: taking something that works in one area and applying it to another one
Metaphor: describing a problem as something else to see it in a new way
Juxtaposition: combining seemingly unrelated things to discover new connections
Improvisation: using what is at hand to make something useful from it
Rescaling: imagining or perceiving something at a smaller or larger scale
Rearranging: putting things together in new and unexpected ways
Reinterpreting: viewing or explaining a situation as others might see it
Reimagining: looking at a problem from another, radically different perspective
NEW WAYS TO ENGAGE
Like planning, design thinking involves participatory processes: the more diverse the perspectives, the bet-
ter the research phase of design thinking and the more productive its reframing and ideating phases.
The community engagement methods of planners have been a model for designers. But design thinking
also offers some other engagement methods of possible use to planners.These include:
Asset identification: To maximize value creation and competitive advantage —which applies to com-
munities as much as to products —designers seek to understand a situation from as many perspectives
as possible and identify assets: what is working well and what distinguishes a situation or a place.This
includes moving quickly from a focus on problems to an exploration of potential solutions. While under-
standing a problem is essential, dwelling on it kills creativity and distracts from the discovery process.
Mapping: As in planning, design thinking involves the use of maps. But in addition to mapping actual
geographies, designers will map ideas, emotions, associations, histories, and other intangible or non-
physical phenomena that can say as much about a place as its infrastructure or topography. Maps about
how people feel about a situation and how they experience a place can help spur conversations among
community members and help them make connections that might not happen otherwise.
A NEW TOOL FOR THE TOOLKIT
Design thinking isn't right for every situation. It has little to add, for example, when problems are clearly
defined, or in places that are highly stable with few conflicts and little change. In such situations, extending
existing trend lines into the future may suffice.
Design thinking has the greatest value when dealing with unprecedented situations, unexpected disruptions,
and uncertain change, in which the future will almost certainly be unlike the past. In such cases, design think-
ing helps us answer not only the question of"what is?"but also"what if?"or"what could be?"based not only on
existing data, but also on emergent trends and creative potentials. As such, design thinking offers another set
of tools in the planner's toolkit, to be used in situations where it will bring the most value.
CONCLUSION
We live in a tumultuous era, with widespread social unrest, extreme weather events, and enormous racial
inequities, exacerbated by the COVID-19 pandemic.Those simultaneous disruptions have made planning
based on previous trends increasingly difficult, as so many past assumptions about how people live, work,
learn, shop, and move around may no longer align with the new, post -pandemic reality.
All of this makes design thinking an especially useful process for planners to explore. It offers a set of inno-
vation methods and creative strategies that can help communities imagine a better future for themselves,
one that is more socially equitable, environmentally sustainable, and economically just.
PAS QuickNotes (ISSN 2169-1940) is a publication of the American Planning Association's Planning Advisory Service (PAS). Visit PAS online at
planning.org/pas to find out how PAS can work foryou. Joel Albizo, mw, cAc ChiefExecutiue Officer, Petra Hurtado, Pho, Research Director,
Ann Dillemuth, AicP, Editor. O 2020 American Planning Association, which has offices at 205 N. Michigan Ave., Suite 1200, Chicago, IL 60601-5927,
and 7030 15th St., NW, Suite 750 West, Washington, DC20005-1503, planning.org. All rights reserved. APA permits the reproduction and
distribution ofPAS QuickNotes to educate and inform public officials, engaged citizens, and others about important planning -related topics.
FURTHER READING
Published by the American
Planning Association
Schweke, Tim. 2020." U ser-Centered
Planning" Planning, February.
bit.ly/3ffxXyX
Other Resources
Brown,Tim. 2009. Change byDesign:
How Design Thinking Transforms Orga-
nizations and Inspires Innovation. New
York: Harper Collins. bit.ly/3ls5EJ1
Fisher, Thomas. 2016. Designing Our Way
to a Better World. Minneapolis: University
of Minnesota Press.
bit.ly/2VkWgDIIDE0.
"Design Thinking"bit.ly/2Jwic4M
A Publication of the American PlannirT".6ssociation I PAS QuickNotes No.90
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City of Seward - City Calendar
HOW TO ATTEND MEETINGS
1. Attend in person
2. Watch on GCI Cable, Channel 9
3. Listen on KIBH-FM 91.7
4. Live Stream or Replay on YouTube
(htips://www.youtube.com/channel/UCWzsXcDw
dykIHKGgvYS_UNQ)
CITY COUNCIL REGULAR MEETING AGENDA
Monday, October 11, 2021 at 7:00 p.m.
City Council Chambers
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. CITIZEN COMMENTS ON ANY SUBJECT
EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
5. APPROVAL OF AGENDA AND CONSENT
AGENDA
6. SPECIAL ORDERS, PRESENTATIONS AND
REPORTS
A. Proclamations and Awards
1. National Coming Out Day Proclamation
2. Wellness Week Proclamation
3. Domestic Violence Awareness Month
Proclamation
B. Borough Assembly Report
C. City Manager Report
D. City Attorney Report
E. Other Reports and Announcements — None
F. Presentations — None
7. PUBLIC HEARINGS — None
8. UNFINISHED BUSINESS — None
9. NEW BUSINESS
A. Resolutions
*I. Resolution 2021-115, Authorizing the City
Manager to Enter into a Construction Contract with
Global Diving & Salvage Inc., for the Replacement of
Sacrificial Anodes Cathodic Protection System on the
Concrete Section of the Seward Harbor Float System in
Amount not to Exceed $150,477.80, which includes a
10% Contingency, and Appropriating Funds.
*2. Resolution 2021-116, Authorizing the City
Manager to Spend an amount up to $35,000 for the
Installation of Overhead Electric Power to the Scale
House at the City Rock Quarry.
*3. Resolution 2021-117, Authorizing the City
Manager to Enter into the Contract with LTAS
Technologies Inc. for Short Term Rental
Registration and Compliance Services through
December 31, 2024, for a total of $6,500 Annually, and
Appropriating Funds.
*4. Resolution 2021-118, Approving Amendment No.
1 to the Contract with Boyd, Chandler, Falconer &
Munson for the Provision of Basic Legal Services
through August 1, 2023, for a Total of $66,000
Annually.
*5. Resolution 2021-119, Approving Amendment No.
1 to the Contract with R&M Consultants Inc. for On -
Call Engineering and Grant Writing Services through
December 31, 2024, and Appropriating Funds in the
Amount of $25,000.
B. Other New Business Items
*I. Approval of the September 13, 2021 City Council
Special Meeting Minutes.
*2. Certify the October 5, 2021 Regular Municipal
Election Results.
*3. Non -objection to the renewal of marijuana license
#17758 for The Tufted Puffin, LLC.
*4. Appoint Dona Walker to the Historic Preservation
Commission with a term to expire May, 2024.
10. INFORMATIONAL ITEMS AND REPORTS —
None
11. CITIZEN COMMENTS
12. COUNCIL AND ADMINISTRATION
COMMENTS & RESPONSE TO CITIZEN
COMMENTS
13. ADJOURNMENT
PORT & COMMERCE ADVISORY BOARD
MEETING ACTION AGENDA
October 6, 2021
Will be in next week's City Calendar.
UPCOMING MEETINGS
Canvass Board
Thursday, October 7, 2021 at 1:00 p.m.
City Council Chambers
City Council Work Session
Monday, October 11, 2021 at 6:30 p.m.
Council Chambers
Topic: Discuss options for the future use or
potential sale of the Annex Building
City Council Meeting
Monday, October 11, 2021 at 7:00 p.m.
City Council Chambers
City Council Work Session
Wednesday, October 13, 2021 at 6:00 p.m.
City Council Chambers
Topic: 2022 Budget for City Clerk, Boards &
Commissions, Mayor & Council, Fire & Building,
Publish on October 6, 2021 Seward Journal (PO #2337) 119
City of Seward - City Calendar
Information Technology, Parks & Recreation, Parking,
City Manager
City Council Work Session
Thursday, October 14, 2021 at 6:00 p.m.
City Council Chambers
Topic: 2022 Budget for Finance, Electric, Harbor, Seward
Marine Industrial Center
Historic Preservation Commission Work Session
Friday, October 15, 2021 at 6:15 p.m.
City Council Chambers
Topic: Review and Discuss the Draft of the Downtown
Historic Overlay Design Guidelines
Historic Preservation Commission Meeting
Friday, October 15, 2021
Immediately following the work session
City Council Chambers
City offices will be closed on Monday, October 18, 2021 in
observance of the Alaska Day holiday
Planning & Zoning Commission Meeting
Tuesday, October 19, 2021 at 7:00 p.m.
City Council Chambers
Port & Commerce Advisory Board Work Session
Wednesday, October 20, 2021 at 12:00 p.m.
City Council Chambers
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Seward Planning
and Zoning Commission will conduct public hearings on
the following items of business at its regular meeting on
October 19, 2021:
Resolution 2021-021, of the Planning and Zoning
Commission of the City of Seward, Alaska, Granting a
Variance to City Code §15.10.222 Development
Requirements to Turnagain Marine Construction Corp
to Construct a Building With a Height That Exceeds 34'
on T 1N & 1S R 1W Sec 34 & 3 Seward Meridian SW,
That Point Known As The Alaska Railroad Terminal
Reserve In Seward, Located at 1501 Ferry Terminal
Road; Within an Industrial (1) Zoning District.
Resolution 2021-022, of the Planning and Zoning
Commission of the City of Seward, Alaska, Granting a
Conditional Use Permit to the Seward Police
Department to Construct an Animal Shelter on Lot 6A-
2, Fort Raymond Subdivision, Replat No. 3, Located at
601 Sea Lion Avenue; Within an Institutional (INS)
Zoning District.
Resolution 2021-023, of the Planning and Zoning
Commission of the City of Seward, Alaska, Granting a
Conditional Use Permit to Phil Zimmerman to
Construct a 3-plex and two 4-plexes on Lots 8, 9, 10,
Block 4, Gateway Subdivision, Addn No. 1, Located at
2004, 2006, 2008 Phoenix Road; Within a Multi -Family
(R3) Zoning District.
Resolution 2021-024, of the Planning and Zoning
Commission of the City of Seward, Alaska, Granting a
Variance to City Code §15.10.22 Development
Requirements to James Protzman to Construct a
Building With a Height That Exceeds 34' on Lots 37-40,
Block 4, Original Townsite Of Seward Alaska, Located
At 134 Fourth Avenue; Within a Central Business (CB)
Zoning District.
The public hearings will commence at 7:00 p.m., or as soon
thereafter as business permits, in the City Council
Chambers, City Hall, 410 Adams Street, Seward. All
interested persons are invited to attend the meeting and
participate in the discussion; or written comments may be
sent to the Seward Planning and Zoning Commission, c/o
City Planner, P.O. Box 167, Seward, AK 99664, or e-
mailed to cbringhurstkcityofseward.net
HISTORIC PRESERVATION COMMISSION
NOTICE OF VACANCY
The Seward City Council is seeking applications from
citizens of Seward and the surrounding area, interested in
serving on the Historic Preservation Commission. There
are TWO seats available: one term expires in May, 2023
and one term expires in May, 2024.
The Historic Preservation Commission meets at least twice
a year in the City Council Chambers, and at such other
times as may be requested by the commission Chair or the
Administration. Each commissioner serves for a three (3)
year term. Applications are available from the office of the
City Clerk or on the city website at
https://www.cilyofseward.us/govemment/boards-
commissions/historic-pre nervation -commission
Completed applications must be filed with the clerk. Please
call the City Clerk's office at 907-224-4046 if you have
questions or need more information.
PORT & COMMERCE ADVISORY BOARD
NOTICE OF VACANCY
Publish on October 6, 2021 Seward Journal (PO #2337) 120
City of Seward -City Calendar
The City Council is seeking applications from citizens of
Seward and the surrounding area interested in serving on
the Port and Commerce Advisory Board (PACAB). There
are TWO (2) seats available: one term expires in July, 2023
and one term expires in July, 2024. PACAB meets on the
first and third Wednesday of each month, usually during
the lunch hour from 12:00 to 1:00 pm., or at other times as
needed, if requested by the Chair.
Application forms are available in the office of the City
Clerk or on the city website at
htips://www.ciiyofseward.us/govemment/boards-
commissions/port-commerce-advisory-board.
Completed application forms must be filed with the clerk.
Please call the City Clerk's office at 907-2244046 if you
have questions or need more information.
CITIZEN FEEDBACK IS ALWAYS WELCOME
If you wish to communicate with the City Council, the
Planning & Zoning Commission, the Port & Commerce
Advisory Board, or the Historic Preservation Commission
about whatever is on your mind, send an email to
clerkkcityofseward.net and request that your email be sent
to whichever group you want to receive it. In return, you
will receive an email confirmation back from the city clerk
verifying your email has been forwarded as you requested.
Publish on October 6, 2021 Seward Journal (PO #2337) 121