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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 Oi 8 L01.n1-1 cl S S a LOT 3 r T oo« 3.jt — E �r �. r m E�k_r,.lE.r,kEk 02021 ECl/Hy.1, Inc. ARCTIC BOULEVARD, SUITE TITLE SHEET SEWARD PASSENGER TERMINAL NC7.5 _ _ _ EC ANCHORAGE, ALAS KA 99503 90]S61 S19 _ _ _543 -:,GN PROJECT NO. 21-00016.00 ISSUE DATE: 07.23.2021 21 1 21 0 21 0 25 0 25 0 25 0 25 0 21 0 21 0 21 0 21 0 21 0 N 1 5 lo 20 - �o 4) 20 t o 0 A2.1 w2a n Y�Y n n Y n Y n Y n Y n Y n Y n Yo 10 11 12 13 0 m o s io m ao i) o �¢e �oQo uoo Qum ¢�w Uouo O z A3.0 0 0 0 0 0 300 0 0 0 0 2 3 ,410 -0. I I .1a-• -- � I I I I I I I I I ® - ..... ... E.sop........... senuaoo o rneiu sxow ve.exaox cua owe xsuureo Meu .o _ _ 24 1 I reRM NnL I III II a.11—III--1II II',...!!I III ,.III II III —III III I I III I I I �L MNn FISTFLOI Fi T B 120 o. e -o ® ® ® sxowooaoe axoar IIIL[`;I• II�IIj-11 III IIhIII III III —�^oP� 1 111 11IIII�11r�••-II JI �,I IIL—.III Iir.=s�1II—III i., �J�o oQo 10 a�w �aua A4.0 � v— 2L4001R,%� § <} o w52 e T10 i 12 13 77 io m ao 25 " 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: Kip i---- —� --- — _ -- ° ---- —-_ — ---c — _--------- �� — — ------------ -- —----_---- — _—_�� 'L > -_ - a3�F�> SMP_-- ,_43LF3P G --- ----------- --- -I� ,_- ALTDRAEwA__ -- ------ ------ --- °--- PK TTTT�------_-- e�--- -- 3PG_-- ❑ — i603�FT�i — —--43.0-- — — — — - - T �T ---- — T� ------------------ ------f--- —�--- -i�r�—t------------- U.T. T GO r l � El�T Ili IIIII i �i�,i T i � TT Ti NEW P PATHWAY ;PAR D,�� PI K D i� i a N , T ITT �.I �� D S 4,R i� SNOT R ri �T G° ANMALSKEyER�� Y,T RE �C, AD 0 I �� TY I��tll�d/ I I —f Tj/ /30.0 A I I I I11 j % i �� A EEN D KENNEL I I ESTNwAEAouE AND OFFICE BUILDING 4FI I III I I tl ISTING DRAINAGE D; I ITI Ex CA l l III I II II 11 I 1 I 20\0 SENT DRAINAGE DCHALIGNI WELL RADIUS DDK ExING PATnW �I11 OoNOAEG—. AND RESET ELECTRICAL TRANSFORMER AND CONCRETE PAD TA NEW RocGAON EXISTING EIDEWALK FOR NEW DRIAEWAY AND SIDEWALK RAMPS ��lilli�., � - RE IGNMENT� T T I I I I I DE IN PATHWAY EA , 1 1 cloo e Q„ p Q ", Q ", Q Q 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• wr wf i44 Rr " �� '� �, . •d'� .ate �A +r. ,^ .� g y=°"�'E• �* �. �." _ 14 V 1*� Av �► �»d."�"yy"r��.a'�.i*,.sat' � l; zr Mai r r Rk y [.z 4r ms J .'Y 7r 1 r ti ,w i wl � rnLc.%" RN' A6 IE .Y�R T•. �� � •Y'tar` is t u' r'. � t w p� M ��y a• r r- 4 ,� . 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: ( ) AM] Zi 50 J II O b Z m II I I ii I I I I I I H I I F+ II I I I I I I I I I I I 11 II t I I I Z I I � I I N I; I I I I III {I Y, II II {VS I, I Ir , tr Ir I f I II I I C /.l"\ I I II I I I II - I I r� II I II I I I I II ZIMMERMAN" � A W �n (TRIPLEX) I I im m C W I Ia�QI Z a -- -- uj 0. UNIT3 UNIT 2 UNIT 1 No.� Description Date REAR ELEVATION TCB cµDEBeY� REAR ELEVATION �+ ARCH AEI 52 U� a N f• 0 N 00 N n O b z �- m ' m ' '+ D II II O ' IZ Q I o I I� I I I I I I I I , I I I I I � I � I I C I I I 4 I I N I� II I� I i � / I I I I I i l 40 I I I I I' II II I II II I I C I I� I� I� I I I I � I � I II I I� I I I C I I z I II I� I� 7 � I � I III ZIMMERMAN a W w n FOURPLEX, MODIFIED) — a N 0 v R+ 00 v N com > 0 m r O Z _ ZIMMERMAN o (FOURPLEX, MODIFIED) 0 a o 0 0° ro v Building Height: 15' Square Footage: 2168 7; G cl� rZ ZL 56 e. D N N O F+ II I O Z I I , m I, li—Hil II I I J Z II I I I I I I I I I I I If t` YpPpt I � N I � I 13' II I Ifl �I I II 9 „11 I II I I I I I I I , Z , I I I I II I , I , I , I, II II II I I II I , El I C I I I A I! I I I I I II I I I, II II II II I , I I I I I , I I I I C ` I I I ❑ - 6� - i AT ZIMMERMANx nD CID y (FOURPLEX) e _ O_ a N o c T CO N � 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 ACCEPTED r`a 134 FOURTH AVENUE MIXED USE DEVELOPEMENT 61 NORTHARCHITECTS 3400 SPE NARD ROAD SU ITE 12 ANCHORAGE, AIASKA99F,03 PH. 907-2744446 COVER AO -_—_—_—_—_—_—_ �niscx O xsrais . o II, I u 61 NORTHARGHITECTS 3400 SPE NARD ROAD SU ITE 12 ANCHORAGE, AASKA99F,03 PH. 907-2744446 SITE PLAN Al 61 NORTHARCHITECTS 3400 SPE NARD ROAD SU ITE 12 ANCHORAGE, AASKA99603 PH. 907-2744446 2 — _ I _ i 77 1� ____________________ i P — — — — — — - -- =---------�--,� PARKING GARAGE a -----------`-------- —1 6,500 SF s is it i i i it i i n i ie `_�---------'_---------- 00 ____`_________�_' raw � / - / ui Ec . aEr . Q w RETAIL 1400 SF it co I FIRST FLOOR PLAN C spa � A = �-o FIRSTFLOORPLAN AZ 61 NORTHARCHITECTS 3400 SPE NARD ROAD SU ITE 12 ANCHORAGE, AIASKA99F,03 PH. 907-2744446 3 BEDROOM UNIT 2 BEDROOM UNIT 1 BEDROOM UNIT 1,418 SF 1,458 SF 1,012 SF 1 BEDROOM UNIT /� LJJ 985 SF w 2 BEDROOM UNIT 1,384 SF Q z Y 3 BEDROOM UNIT s w 1,323 SF ILL co (00 SECOND FLOOR PLAN SECOND FLOOR PLAN A3': C s�� �A = �-o _ 61 NORTHARCHITECTS 3400 SPE NARD ROAD SU ITE 12 ANCHORAGE, AIASKA99F,03 PH. 907-2744446 3 BEDROOM UNIT 2 BEDROOM UNIT 2,258 IF 1,630 SF !00 2 BEDROOM UNIT /ui s 1,589 SF / TP z a -- - - -- - - a W Qw L..........._, e z Y 3 BEDROOM UNIT ��Mw 2,102 SF LL co (00 THIHDFLOORPLAN THIRD FLOOR PLAN m Q Q Q Q Q — — so- ---- � 0 MST,ELEYATION - o- .SOUTH ELEVATION 61 NORTHARGHITECTS 3400 SPE NARD ROAD SUITE 12 ANCHORAGE ANSM99F,03 PH. 907-2744446 EXTERIOR ELEVATIONS A5 Q - 1 I�,L �� Ro —'11 F I � '�I— 1 — ail �' Ljt Fi''- -7= a, = - ,EAST ELEVATION TOP of IIAIT �L_ Ro ooR L LLLL------ NORTH ELEVATION 61 NORTHARGHITECTS 3400 SPE NARD ROAD SUITE 12 ANCHORAGE ANSM99F,03 PH 9072744446 EXTERIOR ELEVATIONS A6 A�-AWA,? IL 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; rya CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX 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, 93 CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX 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) 94 CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX 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.) O CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX 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 41- CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX 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. 97 CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX 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; 98 CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX 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 99 CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX 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. 100 CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX (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 `ld CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX 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 ORDINANCE 2021-XXX (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. 103 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 October 2021 November 2021 October 2021 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 26 27 28 29 30 Oct 1 2 3 4 5 7 8 9 ELECTION DAY (12:00pm PACAB 12:00pm Canvass 7:00pm P&Z Mtg Board - Rescheduled (Regular M..e.et.i..n...g� 10 11 12 13 14 15 16 .................. 6:30pm CC Work _._._._ 6:00pm CC _ 6:00pm CC Session Budget Work Budget Work (Discuss Options For ... S.as.s. n i n 6:15pm HPC Jom 7:00pm CC Mtg Work Session 7:00pm HPC (Council Chambers). 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Work Session Work Session (Council (Chambers)_ Chambers) 21 22 23 24 25 26 27 HOLIDAY 7:00pm CC Mtg I ....... hamb..e.rs) 28 29 30 Dec 1 2 3 4 Council Calendar 9/29/2021 10:50 AM 117 December 2021 January 2022 December 2021 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 1 5 6 7 8 91011 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Nov 28 29 30 Dec 1 2 3 4 12:00pm PACAB Mtn 5 6 7 8 9 10 11 7:00pm P&Z Mtg 6:15pm HPC (Regular Work Session Meeting) (Council L._ ha.rn b.e...rs_a...................... _._._._.. 7:00pm HPC Regular Meeting (Council .ham r 12 13 14 15 16 17 18 12:00pm PACAB 7:00pm CC Mtg (Council Work Session Chambers) (Chambers) 19 20 21 22 23 24 25 6:00pm P&Z 12:00pm HOLIDAY Work Session HOLIDAY (Council Chambers) 26 27 28 29 30 31 Jan 1, 22 7:00pm CC Mtg _. 1chambersl_. Council Calendar 9/29/2021 10:50 AM 118 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