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HomeMy WebLinkAbout12072021 Planning & Zoning Packet Planning and Zoning Commission Regular Board Meeting k, December 7, 2021 7:00 P.M. City Hall Council Chambers, 410 Adams Street 1 The City of Seward,Alaska SEWARD PLANNING AND ZONING COMMISSION REGULAR MEETING AGENDA December 7, 2021 7:00 p.m. Council Chambers Vacant 1. CALL TO ORDER Chair Term February,2023 2. PLEDGE OFALLEGIANCE Tom Swann 3. ROLL CALL Vice Chair Term February,2022 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE Gary Seese ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have Commissioner signed in will be given the first opportunity to speak. Time is limited to 3 minutes Term February,2022 per speaker and 36 minutes total speaking time for this agenda item.] Craig Ambrosiam 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Commissioner of Consent Agenda passes all routine items indicated by asterisk (*). Consent Term February,2022 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] Nathaniel Charbonneau Commissioner 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Term February,2024 A. Proclamations and Awards—None Vanessa Verhey Commissioner Term February,2023 B. City Administration Report Clare Sullivan C. Other Reports and Announcements —None Commissioner Term February,2024 D. Presentations —None Janette Bower City Manager Jason Bickling Community Development Director Courtney Bringhurst City Planner Brenda Ballou City Clerk City of Seward, Alaska Planning& Zoning Commission Agenda December 7, 2021 2 7. PUBLIC HEARINGS [Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one(1) minute.] A. Resolutions Requiring Public Hearing 1. Resolution 2021-027, of the Planning and Zoning Commission of The City of Seward, Alaska, Granting A Conditional Use Permit to OBI Seafoods to Construct an Employee Campground with Modular Housing on Lot 2, Block 3, Leirer Industrial Subdivision, Located At 1607 Northwestern Circle; Within an Industrial (I) Zoning District. This resolution was postponed from November 2, 2021. ...................................Page 5 2. Resolution 2021-029, of the Planning and Zoning Commission of The City of Seward, Alaska, Granting A Conditional Use Permit to Bornstein Seafoods To Construct an Employee Campground with Modular Housing on Lot 2, Block 7, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Located at 3207 Morris Avenue Within an Industrial (1)Zoning District...............................................................Page 24 3. Resolution 2021-032 of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Variance to City Code §15.10.222 Development Requirements to Christopher and Christine Aumick to Construct a Building with a 7' Side Yard Setback Adjacent to a Street, Instead of the Required 10' Setback on Lot 21, Block 32, Original Townsite of Seward, Located at 502 Sixth Avenue; Within an Urban Residential (UR) Zoning District..............................................................................Page 39 8. UNFINISHED 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, and Enacting Language in 15.10.226 K Pertaining to Short-Term Rentals. This resolution was postponed from October 19, 2021. ....................................Page 60 9. NEW BUSINESS 1. Resolution 2021-030 of the Planning and Zoning Commission of the City of Seward, Recommending the City Council Amend Portions of Seward City Code 15.10.226 Land Uses Allowed,J Employee Campground................................................Page 87 2. Resolution 2021-031 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, to Amend the Definition for Light Manufacturing, and to Amend 15.10.226 Land Uses Allowed Table; Allowing Light Manufacturing in a Central Business District with a Conditional Use Permit............................................................Page 98 City of Seward, Alaska Planning& Zoning Commission Agenda December 7, 2021 3 B. Other New Business Items *1. Approve the November 2, 2021 Regular Meeting Minutes. ..................... Page 115 2. Discuss and set the topic for the January 18, 2022 work session. 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A.Reminder:December 21, 2021 work session has been cancelled. B.Reminder:January 4, 2022 meeting has been rescheduled to January 11, 2022. C.PAS Quick Notes Small-Lot Subdivision Design..........................................Page 123 It. CITIZEN COMMENTS[There is no sign in for this commentperiod. Time is limited to five(5)minutes per speaker.] 12. BOARD AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. ADJOURNMENT City of Seward, Alaska Planning& Zoning Commission Agenda December 7, 2021 4 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-027 A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to OBI Seafoods to Construct an Employee Campground with Modular Housing on Lot 2, Block 3, Leirer Industrial Subdivision, Located at 1607 Northwestern Circle; Within an Industrial (I) Zoning District. WHEREAS, Brian O'Leary of OBI Seafoods has applied for a Conditional Use Permit from the Seward Planning and Zoning Commission to construct and operate an employee campground on the property located at 1607 Northwestern Circle Lot 2, Block 3, Leirer Industrial Subdivision; and WHEREAS,the property is in an Industrial (1) Zoning District; and WHEREAS,an employee campground is allowed in an Industrial Zoning District with an approved CUP per City Code §15.10.226—Land Use Table; 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: An employee campground is allowed in an Industrial Zoning District with an approved CUP per City Code §15.10.226—Land Use Table. B. The value ofadjoining property will not be significantly impaired. Finding: This condition has been met. The surrounding property is primarily used for Industrial businesses and storage, and will not be affected by an employee campground constructed from Modular housing units. 5 Seward Planning and Zoning Commission Resolution No. 2021-027 Page 2 of 4 C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: The Seward 2030 Comprehensive Plan (2017) and Strategic Plan (1999) encourage the expansion and development of marine businesses in Seward. Providing adequate and safe housing for fishery employees is important to the growth and sustainability of these businesses. Seward Comprehensive Plan (approved by Council,May 30, 2017) Vol I Ch 2.2.11 - Economic Base • "We value a stable economic environment, economic diversity, year-round businesses, environmentally responsible industry, and employment that promote a high standard of living." • "Encourage the prudent management of resources for healthy commercial and sports fishing industries." • "Promote expansion and development of local marine entrepreneurial businesses." Strategic Plan (1999) Economic Base—"We are a community that promotes economic diversity, encourages growth of year-round businesses, desires environmentally-responsible industry, and seeks jobs that promote a higher standard of living" (Page 5). "Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision" (Page 5). D. Public Services and facilities are adequate to serve the proposed use. Finding: Water, sewer, and power are available to the property. Seward City Code §15.10.226 0)(4) states, "Sanitary facilities shall include either permanent or portable toilets. If permanent facilities are constructed, they shall conform to §8.15.425(b). Shower facilities may either be on-site in conformance with §8.15.425(b), or provided on the job site of the employer. 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: Applicant has not provided an explanation to satisfy this requirement. However, this condition will be met through deliberation of proposed CUP requirements by Staff and Commissioners. 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 6 Seward Planning and Zoning Commission Resolution No. 2021-027 Page 3 of 4 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. Each sleeping area has a working smoke detector that is less than 10 years old. 2. Fire Extinguishers are professionally inspected and tagged annually, are easily accessible and labeled, and within 75' of all occupants. 3. No electrical hazards exist, including open junction boxes, extension cords used for permanent wiring, or multi-use plug adaptors. a. Electric connections between units and power source shall be underground. 4. Each MOD unit has an identification numbering system, "address", labeled on the outside of the unit for emergency response. 5. Exits and exit doors are free of obstruction and doors swing freely. 6. An Alaskan engineer has signed off on the method used to secure the units to the ground. 7. The applicant shall work with City Public Works and Electric Departments for any possible upgrades or connections to the water, sewer and/or electric utilities. 8. All parking and maneuverability requirements as determined by the Planning and Zoning Commission shall remain on site for the life of the use. 9. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use. 10. 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. 11. 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 Brian O'Leary of OBI Seafoods to construct Seward Planning and Zoning Commission Resolution No. 2021-027 Page 4 of 4 and operate an employee campground at 1607 Northwestern Circle Lot 2, Block 3, Leirer Industrial Subdivision, within an Industrial Zoning District. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320: Conditional Use Permits, and authorizes the administration to issue a conditional use permit. Additionally,the administration shall periodically confirm the use conforms to the standards of its approval. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of December 2021. THE CITY OF SEWARD, ALASKA Tom Swann,Vice Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 8 P&Z Agenda Statement Meeting Date: December 7, 2021 Through: Jason Bickling, Community Development Director From: Courtney L. Bringhurst, Planner Agenda Item: Resolution 2021-027 Application for a Conditional Use Permit to OBI Seafoods to Construct an Employee Campground with Modular Housing on Lot 2, Block 3, Leirer Industrial Subdivision, Located at 1607 Northwestern Circle; Within an Industrial (I) Zoning District. BACKGROUND & JUSTIFICATION: Brian O'Leary of OBI Seafoods has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to construct and operate an employee campground on the property located at 1607 Northwestern Circle Lot 2, Block 3, Leirer Industrial Subdivision. Seward City Code §15.10.140 (b)(18)(c)states that and employee campground is"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." The Land Use Table in City Code §15.10.226 allows Employee Campgrounds with an approved Conditional Use Permit in an Industrial Zoning District. SURROUNDING LAND USE AND ZONING: Development Requirements: Employee Campground requirements are specified in City Code §15.20.226 0) as having"at least ten feet clear space between camping units". The applicant has stated that the"east west spacing is 12 feet between each set of MOD's. The roadway between rows on and two is 20 feet. The spacing between rows 2 and 3 is 8 feet." Floodplain status: According to the Kenai Peninsula Floodplain Map, the area is not located within a flood zone. Utilities: City water, sewer, and electrical service are available to the proposed location. City code §15.10.226 0) (3&4) also requires that"Garbage and refuse requirements of§8.15.340 shall also apply to employee campgrounds. Sanitary facilities shall include either permanent or portable toilets. If permanent facilities are constructed, they shall conform to §8.15.425(b). Shower facilities may either be on-site in conformance with §8.15.425(b), or provided on the job site of the employer. 9 Parking: Seward City Code does not have specific requirements for employee campground parking. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2030, approved by Council2017): Vol I Ch 2.2.11 - Economic Base • "We value a stable economic environment, economic diversity, year-round businesses,environmentally responsible industry,and 1. employment that promote a high standard of living." X • "Encourage the prudent management of resources for healthy commercial and sports fishing industries." • "Promote expansion and development of local marine entrepreneurial businesses." Strategic Plan (1999): Economic Base — "We are a community that promotes economic diversity, encourages growth of year-round businesses, desires environmentally-responsible industry, and seeks jobs that promote a 2. higher standard of living" (Page 5). X "Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision" (Page 5). Staff Comments: Department Comments No N/A Comment Building Department X Fire Department Per City Code these are not classified as temporary structures nor permanent buildings, so no code review or inspections will be performed. The fire and building department suggest requiring an annual self-inspection and attestation to Community Development verifying the conditions in this CUP are met. Public Works X Department Harbor Department X Police Department X Electric Department Would like to see plans for electrical connections to MOD's. Telecommunications X 10 Public Notice: Property owners within three hundred (300) feet of Lot 2, Block 3, Leirer Industrial Subdivision 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. 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. Recommended Conditions: 1. Each sleeping area has a working smoke detector that is less than 10 years old. 2. Fire Extinguishers are professionally inspected and tagged annually, are easily accessible and labeled, and within 75' of all occupants. 3. No electrical hazards exist, including open junction boxes, extension cords used for permanent wiring, or multi-use plug adaptors. a. Electric connections between units and power source shall be underground. 4. Each MOD unit has an identification numbering system,"address",labeled on the outside of the unit for emergency response. 5. Exits and exit doors are free of obstruction and doors swing freely. 6. An Alaskan engineer has signed off on the method used to secure the units to the ground. 7. The applicant shall work with City Public Works and Electric Departments for any possible upgrades or connections to the water, sewer and/or electric utilities. 8. All parking and maneuverability requirements as determined by the Planning and Zoning Commission shall remain on site for the life of the use. 9. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use. 10. 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. 11. 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: Community Development Department staff recommends approval of Resolution 2021-027 granting a conditional use permit to Brian O'Leary of OBI Seafoods to construct and operate an employee campground on the property located at 1607 Northwestern Circle Lot 2, Block 3, Leirer Industrial Subdivision, in an Industrial Zoning District(I). 11 a:� � .max _.._ _. •. ' 3 A w w „ ... � •a'��' cA A l/ to J • 4 i oil ., , r 4 s �i .* 1 • , �a NO lie ` a... s 7 rt 111 • wa",.i 7P q. r € r ►� J W ME SUP r. .•- •• • • - • - .• • •- -• • [ p CITY OF SEWARD Community Development P.O.Box 167 239 5th Avenue 907.224.4049-Director Seward,Alaska 99664 907.224.4020-Planner 907.224.4049-Plainuiig Assistant CONDITIONAL USE PERMIT APPLICATION This completed application is to be submitted to the Community Development Department no later than four(4)weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $300 nonrefundable filing fee. In addition, please provide an as-built survey if the property has been developed or a scaled site plan with elevations if the property is undeveloped. Applicant: 0eD poi r Address: (Poi Telephone Number: qQ-j - zZN - 339 1 Email: O r ,90 +Sep r+�S Property Owner(if other than applicant): D Z' Address: J'uQ - ano� Telephone Number: q!0 - 19-71 LS Email: Sc-LLl red Property Description Address: NV4 Lot Size: 10Q'50� Lot: Block: Subdivision: Kenai Peninsula Borough Tax Parcel ID Number: Development Information What structures are on the property? How is the property being used?/° What is the proposed use of the property? � What is the development timeline?_ l'V 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) 13 A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. Central Business (CB) acv+�at 40 +etl+l�. B) Describe any impacts to the adjoining properties and how property values may be affected. C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: http://www.citvofseward.us/ NA D) Describe/list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.) 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 6)Other pertinent information 14 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: f Property Owner Signature: — L. h k4kl5eA Q Enclosed: $300 Paym To 40, Awav� Dimensioned plot plan/drawings Other: I 15 L =N"S • N �� J z �$ yl I 7 •�Ir Y .6 i' .• a b °n 01 ar t s r E M dl 4$�yam.., $ 'C/M-•• i i€® ;::;:� m € n `> �" ag a� a° ag x ' a� 6 w' �`I IaIE I 1 T--�1 — I ^' a 4 'qail 'ga q&�� a 'a' 3 1. a $ � f t g�C Cam.C W g 6 <` ••� w 4 3 C « �"NA� W� n pig aLP g a� O O O O m O © ® G 0 a 0 a ® ® ® 0 ® © ® ® 0 �r o R - ax `x I .x `x y 14 �x � t •�. L IRE nopy. gm&1b 1 `- — n ` Y03MY7Y — �\ \ f a�• - °N' - ---- —-yxc----- —01 ---^'e--�r----------- '§ s . \ a, 11 4 �� '1M .x+mn qe t fey, ry •C M�� g �4 i *01 Location map - CUP App rth Hinkley StteM,Soldotna,Alaska 99669 5 � � Legend • Mileposts City Limits tti r } � Highways Major Roads Roads --m Town Medium Volume Town Lowr6easonat Ocher P(WWed Parcels r. q. p 'ts r _ tic h, -4 tw,. M i This-map is a user generated static outout from an Internet mapping site and is for reference or4y Data layers that appear on this mao may or may rw he accurate,current,ar othersuse reliable, lr is not to be used for navigation- Notes Actual Location,Records and Aerial 0 0.02 0.05 Miles Imagery mmommmmmlK---- KPB 14525031 Coordinate System: NAD_1983_$tatePlane_Alaska 4 fiPS_5004_feet 1607 Northwestern Circle DATE PRINTED: 10/27/2020 17 f f a 1 F AN r jr r•` ti — �Ir �I ,� ��� A giff p r , n I1ff , t � M j .r x r.,rri^�a ,•-a�..,.aec. y�J•� � �� k �+ is r. � rt , ^ t� - •y t sr7�,' ', pp yy ee 7 - ;'fit _ r r � t u .• - �i d a'"t,.1 �r 1 ' a x C r� A ' ARM h � 13 a r;p; V r1 9 r �,. 10 CO� i,. " �,. $• �I I • I �'4 L 40 il r ! I G � g c w b � � .41 ,...� ;",.. A u.�. ... �. P I I i - A� a ol r Brian 01ear From: Blaine Bardarson <bardy689@gmail.com> Sent: Sunday, October 03, 2021 9:06 PM To: Brian O'Leary Subject: Elevation The east west spacing is 12 feet between each set of MODs.The roadway between rows one and two is 20 feet.The spacing between rows 2 and 3 is 8 feet. This layout was a team effort with the city. Fire Dept, community development, Electric dept, city manager and building Department. 21 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code ' 15.01.040/16.01.015 on the property located at Lot 2, Block 3, Leirer Industrial Subdivision, Located at 1607 Northwestern Circle, that has petitioned for a Public Hearing for a Conditional Use Permit to construct an employee campground within an Industrial I) Zoning District. The notice was posted on 11 f_ 2J _,which is VQ days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this day of &joL) , 2021. Signature 22 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE upon oath, deposes and states: That she is employed in the Clerk's Office of the City of Seward, Alaska; and that on �Je vtw►lb-� 17 , 202i she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Lot 2,Block3,Leirer Industrial Subdivision, Located at 1607 Northwestern Circle as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this 1`1 day of o✓ 2021. .dr 23 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-029 A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska,Granting a Conditional Use Permit to Bornstein Seafoods to Construct an Employee Campground with Modular Housing on Lot 2, Block 7, Fourth of July Creek Subdivision,Seward Marine Industrial Center, Located at 3207 Morris Avenue; Within an Industrial (I) Zoning District. WHEREAS, Brandii Holmdahl of Bornstein Seafoods has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to construct and operate an employee campground on the property located at 3207 Morris Avenue, Lot 2, Block 7, Fourth of July Creek Subdivision, Seward Marine Industrial Center; and WHEREAS,the property is in an Industrial (I) Zoning District; and WHEREAS,an employee campground is allowed in an Industrial Zoning District with an approved CUP per City Code §15.10.226—Land Use Table; 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: An employee campground is allowed in an Industrial Zoning District with an approved CUP per City Code §15.10.226—Land Use Table. B. The value ofadjoining property will not be significantly impaired. Finding: This condition has been met. The surrounding property is primarily used for Industrial businesses and storage, and will not be affected by an employee campground constructed from Modular housing units. 24 Seward Planning and Zoning Commission Resolution No. 2021-029 Page 2 of 4 C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: The Seward 2030 Comprehensive Plan (2017) and Strategic Plan (1999) encourage the expansion and development of marine businesses in Seward. Providing adequate and safe housing for fishery employees is important to the growth and sustainability of these businesses. Seward Comprehensive Plan (approved by Council,May 30, 2017) Vol I Ch 2.2.11 - Economic Base • "We value a stable economic environment, economic diversity, year-round businesses, environmentally responsible industry, and employment that promote a high standard of living." • "Encourage the prudent management of resources for healthy commercial and sports fishing industries." • "Promote expansion and development of local marine entrepreneurial businesses." Strategic Plan (1999) Economic Base—"We are a community that promotes economic diversity, encourages growth of year-round businesses, desires environmentally-responsible industry, and seeks jobs that promote a higher standard of living" (Page 5). "Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision" (Page 5). D. Public Services and facilities are adequate to serve the proposed use. Finding: Water, sewer, and power are available to the property. Seward City Code §15.10.226 0)(4) states, "Sanitary facilities shall include either permanent or portable toilets. If permanent facilities are constructed, they shall conform to §8.15.425(b). Shower facilities may either be on-site in conformance with §8.15.425(b), or provided on the job site of the employer. City Code requires that every business within the City must provide containers suitable for refuse collection (SCC 14.05). Applicant does not show in the site plan diagram where sanitary facilities and shower facilities will be placed. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: Applicant has not provided an explanation to satisfy this requirement. However, this condition will be met through deliberation of proposed CUP requirements by Staff and Commissioners. 25 Seward Planning and Zoning Commission Resolution No. 2021-029 Page 3 of 4 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. Each sleeping area has a working smoke detector that is less than 10 years old. 2. Fire Extinguishers are professionally inspected and tagged annually, are easily accessible and labeled, and within 75' of all occupants. 3. No electrical hazards exist, including open junction boxes, extension cords used for permanent wiring, or multi-use plug adaptors. a. Electric connections between units and power source shall be underground. 4. Each MOD unit has an identification numbering system, "address", labeled on the outside of the unit for emergency response. 5. Exits and exit doors are free of obstruction and doors swing freely. 6. An Alaskan engineer has signed off on the method used to secure the units to the ground. 7. The applicant shall work with City Public Works and Electric Departments for any possible upgrades or connections to the water, sewer and/or electric utilities. 8. All parking and maneuverability requirements as determined by the Planning and Zoning Commission shall remain on site for the life of the use. 9. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use. 10. 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. 11. 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 26 Seward Planning and Zoning Commission Resolution No. 2021-029 Page 4 of 4 to issue a conditional use permit to Brandii Holmdahl of Bornstein Seafoods to construct and operate an employee campground on the property located at 3207 Morris Avenue, Lot 2, Block 7, Fourth of July Creek Subdivision, Seward Marine Industrial Center, within an Industrial Zoning District(I). Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320: Conditional Use Permits, and authorizes the administration to issue a conditional use permit. Additionally,the administration shall periodically confirm the use conforms to the standards of its approval. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of December 2021. THE CITY OF SEWARD,ALASKA Tom Swann,Vice Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 27 P&Z Agenda Statement Meeting Date: December 7, 2021 Through: Jason Bickling, Community Development Director From: Courtney L. Bringhurst, Planner Agenda Item: Resolution 2021-029 Application for a Conditional Use Permit to Bornstein Seafoods to Construct an Employee Campground with Modular Housing on Lot 2, Block 7, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Located at 3207 Morris Avenue; Within an Industrial (I) Zoning District. BACKGROUND &JUSTIFICATION: Brandii Holmdahl of Bornstein Seafoods has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to construct and operate an employee campground on the property located at 3207 Morris Avenue, Lot 2, Block 7, Fourth of July Creek Subdivision, Seward Marine Industrial Center. Seward City Code §15.10.140(b)(18)(c)states that and employee campground is"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." The Land Use Table in City Code §15.10.226 allows Employee Campgrounds with an approved Conditional Use Permit in an Industrial Zoning District. SURROUNDING LAND USE AND ZONING: Development Requirements: Employee Campground requirements are specified in City Code §15.20.226 0) as having"at least ten feet clear space between camping units". Setback requirements in an Industrial Zoning District are 20'0"for the front, 10'0"for the side yard, 20'0" for a side yard adjacent to a street, and 10'0" for the rear yard. Floodplain status: The lot is within a Flood Zone D. The Zone D designation is used for areas where there are possible but undetermined flood hazards. Utilities: City water, sewer, and electrical service are available to the proposed location. City code §15.10.226 0) (3&4) also requires that"Garbage and refuse requirements of§8.15.340 shall also apply to employee campgrounds. Sanitary facilities shall include either permanent or portable toilets. If permanent facilities are constructed, they shall conform to §8.15.425(b). Shower 28 facilities may either be on-site in conformance with §8.15.425(b), or provided on the job site of the employer. Parking: Seward City Code does not have specific requirements for employee campground parking. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2030, approved by Council2017): Vol I Ch 2.2.11 - Economic Base • "We value a stable economic environment, economic diversity, year-round businesses,environmentally responsible industry,and 1. employment that promote a high standard of living." X • "Encourage the prudent management of resources for healthy commercial and sports fishing industries." • "Promote expansion and development of local marine entrepreneurial businesses." Strategic Plan (1999): Economic Base — "We are a community that promotes economic diversity, encourages growth of year-round businesses, desires environmentally-responsible industry, and seeks jobs that promote a 2. higher standard of living" (Page 5). X "Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision" (Page 5). Staff Comments: Department Comments No N/A Comment Building Department Stamped architectural and structural X designs should be required. Fire Department Per City Code these are not classified as temporary structures nor permanent buildings, so no code review or inspections will be performed. The fire and building department suggest requiring an annual self-inspection and attestation to Community Development verifying the conditions in this CUP are met. Public Works X Department Harbor Department No issues as long as it does not block X the streets or infringe onto the travel- lift runway. Police Department As long as the housing doesn't X 29 interfere with any of the surrounding roadways, the police department has no concerns. Electric Department X Telecommunications X Public Notice: Property owners within three hundred(300)feet of Lot 2,Block 7,Fourth of July Creek Subdivision, Seward Marine Industrial Center 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. 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. Recommended Conditions: 1. Each sleeping area has a working smoke detector that is less than 10 years old. 2. Fire Extinguishers are professionally inspected and tagged annually, are easily accessible and labeled, and within 75' of all occupants. 3. No electrical hazards exist, including open junction boxes, extension cords used for permanent wiring, or multi-use plug adaptors. a. Electric connections between units and power source shall be underground. 4. Each MOD unit has an identification numbering system,"address",labeled on the outside of the unit for emergency response. 5. Exits and exit doors are free of obstruction and doors swing freely. 6. An Alaskan engineer has signed off on the method used to secure the units to the ground. 7. The applicant shall work with City Public Works and Electric Departments for any possible upgrades or connections to the water, sewer and/or electric utilities. 8. All parking and maneuverability requirements as determined by the Planning and Zoning Commission shall remain on site for the life of the use. 9. Bear-proof/bird resistant containers shall be provided for all garbage and refuse for the life of the use. 10. 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. 11. 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. 30 c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. RECOMMENDATION: Community Development Department staff recommends approval of Resolution 2021-029 granting a conditional use permit to Brandii Holmdahl of Bornstein Seafoods to construct and operate an employee campground on the property located at 3207 Morris Avenue, Lot 2, Block 7, Fourth of July Creek Subdivision, Seward Marine Industrial Center, within an Industrial Zoning District(I). 31 M AI q x look AN s.. Y 4 a sir i j MORRIS r y J W 0O « gg ui l`Nde " 0M; 44* mu. 4 pp � N; a Bornstein Seafoods Employee 3207 Morris Ave Campground CUP N Drawn By: Courtney Bringhurst Due to different data sources property lines and aerial 0 45 90 180 Feet imagery do not overlay correctly. Map is to be used for # orientation and reference purposes only. 13 Mapping Assistance by Alaska Map Company,LLC 32 CITY OF SEWARD Community Development 11. ().13ox 167 907.22 1A)19 907.224.4038 fax 110 Ad uns Slivct Senard,Alaska 99661 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 additional document recording fee, as set by the State of Alaska. 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: '3 oR s t-Gi ml SE- AFOo t,S Address: D 1 str0 RQ E L ArV`C_ 5Q_- >41_l7 AV- `?4 Ca a 'i Telephone Number: p 57" 2-88— ?7a1 Email: "BeAt.{m e ?,)oP_ srr;/,4.C� Property Owner(if other than a C��pplicant): f D't 7 EW�IR la Address: Zo ?< Ice ! S EW Telephone Number: Email: Property Description Address: o a 0, Lot Size: 4L vT 5 Lot: - Block: / Subdivision: S�V�/'1 ( C Kenai Peninsula Borough Tax Parcel ID Number: Development Information What structures are on the property? PAO lyie How is the property being used? 90C K[ to What is the proposed use of the property? C tA1P wgf_'G NOS S{ What is the development timeline? 19 USE IM MA ROA 33 F ease note that prior to the Seward Planning and Zoning Commission granting a Conditional Use ermit, it shall be established that the proposed use satisfies the following conditions of Seward ity Code 15.10.320(See the attached pages forspecific 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. T4�e c�ac,t i l� hoc cj r1 Mo a m a D) Describe any impacts to the adjoining properties and how property values may be affected. - u 6 i a( eLveek C) How is the proposed use consistent with the Seward Comprehensive Plan?Explain.You can view the plan at: htt :1/www.ci ofseward.usl i OL S I Vk- w l� at a LO tu�c + a laa Si D) Describe/list the public services and facilities that will serve the proposed use.(i.e., roads, utilities.) osss C- t e " c ►`d, 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. NA 34 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: ( ) Owner of record (,- Lessee ( )Contract purchaser { )Authorized to act for a person who has the following legal interest: 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 (nonrefundable) ( ) Dimensioned plot plan/drawings ( ) Other: { ) 35 RASH Load.Ytg e�oc.�{ 70 Map o r a a � c3coof-I ( off' PC 0 ct, 5 5 VA P lad. .,� arc-R, � oG 36 AFFIDAVIT OF POSTING PUBLIC HEADING NOTICE I l� C- , hereby certify that I have posted a �J Notice of Public Hearing, as prescribed by Seward City Code ' 15.01.040/16.01.015 on the property located at Lot 2,Block 7, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Located at 3207 Morris Avenue,that has petitioned for a Public Hearing for a Conditional Use Permit to construct an em to ee campground within an Industrial I Zoning District. The notice was posted on — ,which is 2i�O days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this b day of �� , 2021. Signature 37 CITY OF SEWARD, ALASKA, AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE o�r r, lr upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on koy 1-7*4 2e2I she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Lot 2, Block 7, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Located at 3207 Morris Avenue as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this 17 day of Nov 2021. J 38 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-032 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 Christopher and Christine Aumick to Construct a Building with a 7' Side Yard Setback Adjacent to a Street, Instead of the Required 10' Setback on Lot 21, Block 32, Original Townsite of Seward, Located at 502 Sixth Avenue; Within an Urban Residential (UR) Zoning District WHEREAS, Christopher and Christine Aumick have 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 7' side yard setback adjacent to a street, instead of the required 10' setback at 502 Sixth Avenue, Lot 21, Block 32, Original Townsite of Seward, Alaska; and WHEREAS,the property is in an Urban Residential (UR) Zoning District; and WHEREAS,the interior lot lines for parcel 14818001 have been put back on the property, creating three separate lots, Lot 21, 22, & 23, approximately 30' x 100'; and WHEREAS,Lot 21 is on the corner of Madison and Sixth street, and according to Seward City Code §15.10.222, would be required to have a 10' setback for a side yard adjacent to a street and a 5' setback for a side yard, leaving 15' width available to construct a building; and WHEREAS,the use of three properties to construct additional housing provides a higher density of residential use, which is the intent of the Urban Residential District; 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: 39 Seward Planning and Zoning Commission Resolution No. 2021-032 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 definition for the Urban Residential District states that it is"intended to allow an area of higher density mixed residential uses from detached single- family housing to multi-family apartments in conjunction with compatible low impact professional office uses in the area surrounding the downtown business district". The applicant will be using the property for this intended use. According to Seward City Code §15.10.220 Development Requirements, "setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy, fire separation, and visual relief between structures." Allowing the 7' setback variance for the proposed structure on Lot 21 will not conflict with any of these intended purposes for a setback. B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. The plans for the proposed cottages show that they will be aesthetically appealing. Constructing well-built and maintained housing on these three lots will increase the value of the adjoining properties. 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) "Encourage construction of residential and seasonal 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 40 Seward Planning and Zoning Commission Resolution No. 2021-032 Page 3 of 5 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 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: Being a corner lot, the buildable space on Lot 21 is 5' less than the other two interior lots. Also, most residential dwellings in the downtown of Seward are located on properties containing multiple lots that were purchased in order to build larger 21st century homes with garages and expansive living space. In context of the shortage of land availability, changing demographic values, and growing demand for housing, the applicant is proposing a solution that increases housing density by building cottages within the original size of the historically plotted lots. 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. Setbacks are determined by the City. 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 setback variance. The variance request will allow the applicant to construct more housing with livable space, which will add to the cost of the project. 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. 6) A variance shall be the minimum variance necessary to perinit the reasonable use of the land or structure. 41 Seward Planning and Zoning Commission Resolution No. 2021-032 Page 4 of 5 Finding: The Seward City Code requires a 10' setback for a side yard adjacent to a street. The applicant is not requesting a 5' setback,but rather a 7' setback for the corner lot. Reducing the entire structure to a width of 15' instead of 18' negatively impacts the design of the dwelling unit in is ability to access the backyard, allow for natural daylight from the east and south, and have adequate living space. 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. Increased residential density is allowed in an Urban Residential District. 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. 2. The applicant shall find the corners of the property or get a survey to make sure the proposed structure is not closer to the lot line than the variance allows. 3. 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. 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 Christopher and Christine Aumick to construct a building with a 7' side yard setback adjacent to a street instead of the required 10' setback at 502 Sixth Avenue, Lot 21, Block 32, 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: 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 7th day of December 2021. 42 Seward Planning and Zoning Commission Resolution No. 2021-032 Page 5 of 5 THE CITY OF SEWARD,ALASKA Tom Swann,Vice Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 43 P&Z Agenda Statement Meeting Date: December 7, 2021 Through: Jason Bickling, Community Development Director From: Courtney L. Bringhurst, Planner Agenda Item: Resolution 2021-032 Application for a Variance to City Code §15.10.222 Development Requirements to Christopher and Christine Aumick to Construct a Building with a 7' Side Yard Setback Adjacent to a Street, Instead of the Required 10' Setback on Lot 21, Block 32, Original Townsite of Seward, Located at 502 Sixth Avenue; Within an Urban Residential(UR) Zoning District BACKGROUND &JUSTIFICATION: Christopher and Christine Aumick have 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 7' side yard setback adjacent to a street, instead of the required 10' setback at 502 Sixth Avenue, Lot 21, Block 32, Original Townsite of Seward, Alaska. Most residential dwellings in the downtown of Seward are located on properties containing multiple lots that were purchased in order to build larger 21s' century homes with garages and expansive living space. In context of the shortage of land availability, changing demographic values, and the growing demand for housing,the applicant is proposing a solution that increases housing density by building cottages within the original size of the historically plotted lots. As stated in City Code §15.10.220 Development Requirements, "setbacks are required to insure sufficient open area for snow accumulation,sunlight,views,privacy,fire separation,and visual relief between structures." According to the construction plans for the proposed building as shown in the application, allowing the 7' setback variance for a building on Lot 21 will not conflict with any of these intended purposes for a setback. 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, building height, except setback requirements 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. 44 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: The property is located in an Urban Residential District, and the proposed buildings are single-family dwellings. Code requires that two (2)parking spaces be provided per dwelling unit. The construction plans show that there will be one parking space provided in the front of the dwelling unit, and a second parking space provided in the back. 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" Vol I Ch 3.2 - Land Use 1 • 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): "Encourage construction of residential housing at all 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 Applicant will need a building permit Fire Department X Public Works Applicant will need to find the corners Department of the property or get a survey to make sure they are not constructing the building closer to the lot line than the variance allows. Applicant will need to et a dig permit prior to construction. Harbor Department X Police Department X Electric Department X Telecommunications X 45 Public Notice: Property owners within three hundred(300) feet of Lot 21, Block 32, 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. 2. The applicant shall find the corners of the property or get a survey to make sure the proposed structure is not closer to the lot line than the variance allows. 3. 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. RECOMMENDATION: The Community Development Department staff recommends approval of Resolution 2021-032, granting a Variance to City Code §15.10.222 Development Requirements to Christopher and Christine Aumick to construct a building with a 7' side yard setback adjacent to a street instead of the required 10' setback at 502 Sixth Avenue, Lot 21, Block 32, Original Townsite of Seward, in a Urban Residential Zoning District(UR). 46 F w n r tl , y . W s m Ai 171 �c '4 a ► U) a �a, ,, MADISON Alk ~Y✓�4, � i C � _ 4 1n�" Ali 6 u o- I 3 4 m o , i ,-iMr. c. Setback Variance Application 502 Sixth Ave N Drawn By: Courtney Bringhurst Due to different data sources property lines and aerial 0 75 tso 300 Feet imagery do not overlay correctly. Map is to be used for # orientation and reference purposes only. Mapping Assistance by Alaska Map Company,LLC 47 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 advanceof the nextregularly scheduled Planning&Zoning Commission meeting held the first Tuesday of each month. Property Owner/Agent Owner's Contractor(If Any) Name: Name: CHRISTOPHER & CHRISTINE AUMICK City of Seward Business License #: Mailing Address: Alaska Business License #: 20517 STERLING BAY LN W APT E CORNELIUS, NC 28031 Contractor's License #: Contact Phone: Mailing Address: 1 907 355 1269 Contact Phone: mrsaumick125@hotmail.com E-mail: Property Information Size of Property: 30'-0" x 100'-0" Property Tax 4: parcel id: 14818001 Street Address: 502 Sixth Avenue (now replotted into 3 original lots) Legal Description: Lot(s) 21 Block 32 Subdivision OR Parcel/Tract II S Section 10 Township Range-1 W T 1S R 1W SEC 10 SEWARD MERIDIAN SW 0000001 [Attach additional page if necessary] ORIGINAL TOWNSITE OF SEWARD LOT 21 BLK 32 Zoning: []City Limits []Rural Residential (RR) []Single Family Residential (RI) ) []Two Family Residential (R2) []Multiple Family Residential (R3) XUrban Residential (UR) []Office Residential (OR) []Harbor Commercial (HC) []Auto Commercial (AC) []Central Business District(CB) ❑Industrial (1) ❑ Institutional (INS) []Park(P) []Resource Management(R) 48 The application must be accompanied by: XFee $300.00 As-Built Survey by a surveyor registered in the State of Alaska ((if already developed) or X Scaled site plan of undeveloped land which shows: X Property dimensions X location and dimensions of existing and planned buildings parking configuration driveways/access; X natural features X 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 "In cases of corner lots with multiple frontages, the administrative official shall designate the front yard, and all other frontages shall be designated as a side to a street" 15.10.220 - B. The existing situation is: The single lot at 502 Sixth Avenue that previously housed a duplex has been replotted to be the original lots 21, 22, and 23 to accommodate three separate dwellings (one on each lot). Lot 21 has a 10' side yard setback per municode that reduces the overall allowed building width to 15'. The variance requested suggests a 7'-0" side yard setback instead of 10'-0". C. Granting this variance would permit: Granting this variance would permit the construction of three separate buildings on three separate lots using the same floor plan with a building width of 18'. This encourages more dwellings and promotes urban density in downtown Seward and more housing availability. D. What structures are located on the property? There are no current structures on the property. The previous duplex structure was removed from the site to replot the property into its three original lots. E. What is the existing use of the property? The existing property is unused (currently no structures exist). The historical use of the property is residential. F. What is the proposed use of the property? The proposed use of the property (lot 21) is for it to be a single dwelling unit. G. What is your development time schedule? Our development time schedule is tentatively intended to be a spring build and summer completion of construction. 49 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 our response. Failure to document your case reduces the likelihood of your variance being ranted. 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: Most residential dwellings in the downtown of Seward are located on properties containing multiple lots that were purchased in order to build larger 21st century homes with garages and expansive living space. In context of the shortage of land availability, changing demographic values, and growing demand for housing we are proposing a solution that increases housing density by building cottages within the original size of the historically plotted lots. 3. The special conditions and circumstances have not been caused by actions of the applicant in that. Setbacks are determined by the city. Many cities in the lower 48 have amended their municode to now have residential front yard setbacks that are 15'-0" and side yard setbacks that are 5'-0" in order to promote urban density, provide additional housing, and foster growth. Most of these municodes also prescribe floor area ratio standards, open space requirements, and the need for parking spaces based on bedroom counts per dwelling unit. 4. Financial hardship or inconvenience shall not he a reason for granting a variance in that. The city of Seward determines the parameters and framework within which we must adhere to. 50 5. Other non-conforming land use or structures within the district shall not be considered grounds for granting a variance in that. None have set forth precedent for cottages. 6. The variance granted is the minimum variance that will make possible a reasonable use of the land, building or structure in that. The municode describes a 10'-0" side yard setback. We are not proposing it be 5'-0" but rather 7'-0" instead for the corner lot with a small cottage structure on a single historical Seward Townsite plotted lot (lot 21). Reducing the entire structure to a width of 15'-0" instead of 18'-0" negatively impacts the design of the dwelling unit in its ability to access the backyard, allow for natural daylight from the east and south, and have adequate living space. 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 permitted use is residential and our planned use is for it to be residential. 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: X 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. CHRISTOPHER & CHRISTINE AUMICK 11-19-2021 Owner 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 51 3nN3AV H19 w w � 9V69Z96'L06 nsvwv(1TJVM3s = �/�V♦) 94966""IV'"Rd co rc U ZBZUN Od d S30V1103 3nN3AV H1XISOf fILS i13-%NOR30 OIO zo W O N r rc U H y i W ~ ,^ W V W Q H- Z 0 0 U Qo �a W Q� oz Z Qa W �w wD ` z Q �> X IN T T 3nN3AV H19 9V09Z86 L06 nsvw'(1TJvm3s Z NDS30 DIUMS E3UNMJ S30V1103 3nN3AV HIXIS zo S2 41 W on 13", p — —NP—HP—NP—Hp HP Hp Hp � J a a �� p o � o w � _ w _ a � a a 1 o-a� 1� 'as w �T 71 r�7 III L 11 10 -0 3nN3AV HA t t w M 3nN3AV H19 > O 9V69Z96'L06 nsvw 4TJVM38 U O 94966""IV""Rd LU rc NDS30 DIUMS E3LLNNMJ S30V1103 3nN3AV H1XIS o _ a i o a 0 wa I x a a a t t W 3nN3AV H19 > O 9V69Z96'L06 nsvw 4TJVM38 U O 94966""IV""Rd LU rc NDS30 DIUMS E3LLNNMJ S30V1103 3nN3AV H1XIS o e 7 a 3 a rc !I o 1 rc rc = w w r I I 1 ® I i II I I rc Ir a w Q t t 3nN3AV H19 cn O W09Z96'L06 nsvwv 4TJVM3s Z 94966 e„seltl""Rd Z 0 rc Q NDS30 DIUMS E3LLNNMJ S30V1103 3nN3AV H1XIS o; IQ J IQW � H RN �ffiffi MM ��� M�Mffi MM M�M - - - - Q�M QMMM �MM MM ONO MMM MM 0 PENN- OEM— QMMO mJ MAN MAN- WE �� mMINmil .......,... o o o! o o� a= mmll -10 - - M M/ QMMM 0 0 ME/R � �� MEMO ORRO MIM WO__� MOMM � a illl, �I oll o I I Z �I xl oll Z Qo -I WI Qo 51 a1` _ _ oLL p6 g6 m al� _o,m R L o t 2 4 Found rebar N25E 1.00' from computed I position. Lot 18 A (N90*00I " a) Lot 23 > Q a) Q . . . . . . . . . . . . . . . . . . . . . . . . . _— �_ Lot 22 `� I Block 32 oN Lot 20A Cn . . . . . . . . . . . . . . . . . . . . . . . . . I Lot 21 N6 n1��/ti°/ Madison St. Found manunwnt at 3rd Amu@ and,Mffaraan St ... .... . ............. %.. .....tn-.... : ...�- oo :JOHN F. GESSER i �j No. LS 8859 Control for this survey is centerline monuments located at 3rd Ave. and Jefferson St., 3rd Ave. �� , �" and Madison St, and Ballone Ave. and Monroe St. RETRACEMENT CERTIFICATION LEGEND I hereby certify that I have surveyed the following described property: • Found Rebar ( ) Record Datum Lots 21. 22. and 23 Block 32 O Set Rebar Original Townsite of Seward and that the corners shown hereon have been recovered or reestablished by this SEWARD RECORDING DISTRICT Plat: SW 1 survey and are marked on the ground as described hereon, and further that the Date: 9-28-21 Scale: 1"=30' Drawn: JFS dimensions shown are true and correct. Job: 21248 Book: 21-4 Exclusion Note: It is the responsibility of the owner or builder, prior to construction, to verify SEGESSER SURVEYS, INC. proposed building grade relative to finished 30485 ROSLAND ST. grade and utilities connections, and to SOLDOTNA. AK 99669 determine the existence of any easements, (907) 262-3909 covenants or restrictions which do not appear on the recorded subdivision plat. 57 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, GC�y ," , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code ' 15.01.040/16.01.015 on the property that has petitioned for a Public Hearing for Resolution 2021-032 rg antiu a variance to City Code§15.10.222 Development Requirements to construct a building with a 7' side yard setback adjacent to a street instead of the required 10' setback within an Urban Residential JUR Zoning District. The notice was posted on k'4v ,,,6e,,, ZZ ,which is /S days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this ZZ day of IVuv, , 2021. i` Signature 58 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC FEARING NOTICE upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on 2 2 _ 2c Z E she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Lots 21, 22, & 23, Block 32, Original Townsite Of Seward, Located At 502 Sixth Avenue as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this day of A)o-y 2021. 59 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, since 2018 the Planning and Zoning Commission has been working on updating the 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, 8/17/2021, 9/21/2021, and the 11/16/2021 public work sessions specifically addressed 15.10.140 and 15.10.226 Definitions and Land Uses Allowed; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote community and 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. 60 Seward Planning and Zoning Commission Resolution No. 2021-025 Page 2 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7ch day of December 2021. THE CITY OF SEWARD,ALASKA Tom Swann,Vice Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 61 P&Z Agenda Statement Meeting Date: December 7, 2021 Through: Jason Bickling, 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. On November 16, 2021 the Planning and Zoning Commission held another work session to further discuss changes to the definitions. 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 provided many opportunities to address and accommodate all public concerns and input regarding the proposed changes. Consistency_ Checklist: Yes No NA 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 62 Planning and Zoning Agenda Statement 2. Strategic Plan (1999) X Goals and Objectives • "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 63 Sponsored by: Planning and Zoning Commission Introduction Date: December 7,2021 Public Hearing Date: January X,2022 Enactment Date: January X,2022 CITY OF SEWARD, ALASKA ORDINANCE 2022-XXX An Ordinance of the Seward City Council,Amending Portions of Seward City Code 15.10.140 Definitions, to Amend Definitions Related to: Apartment, Boarding House, Dwelling, Duplex, Unit, Hostel, Hosted Lodging Unit, Housing Unit, Insurance Company, Licenses, Listing, Listing Site, Lodging, Motel, Multistory Unit, Owner, Short-Term Rental, Short-Term Rental Transaction,Sleeping Unit,Townhouse,Transient,and Whole House Nightly, and Enacting Language in 15.10.226 K Pertaining to Short-Term Rentals WHEREAS, the Planning and Zoning Commission has held numerous public work- sessions on Title 15 updates; and WHEREAS, 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, 8/17/2021, 9/21/2021, and the 11/16/2021 public work sessions specifically addressed 15.10.140 and 15.10.226 Definitions and Land Uses Allowed; and WHEREAS,the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote community and 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, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Section 15.10.140 is hereby amended to read as follows: (Stfi eth- deletions,Underline = additions and are bold italics): 64 CITY OF SEWARD,ALASKA ORDINANCE 2022-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 65 CITY OF SEWARD,ALASKA ORDINANCE 2022-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 consisting of not more than one habitable room which includes combined kitchen, dining 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: 66 CITY OF SEWARD,ALASKA ORDINANCE 2022-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. 67 CITY OF SEWARD,ALASKA ORDINANCE 2022-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 facility.Any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. 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 extendin'- from ground to roof or unpierced ceiling and floor extendin'- 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. 68 CITY OF SEWARD,ALASKA ORDINANCE 2022-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) g. 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. 69 CITY OF SEWARD,ALASKA ORDINANCE 2022-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, meetin- 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. 70 CITY OF SEWARD,ALASKA ORDINANCE 2022-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 use disorder treatment facility. A licensed facility that provides a therapeutic, planned regimen of substance use treatment and education services for persons in the early stages of recovery from addiction, who require a safe and stable living environment in order to develop recovery skills. Services are provided on-site in a 24-hour live-in setting, with 24-hour staffing. Persons admitted to these facilities do not include people who pose a threat or danger to the public for violent or sexual misconduct. 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. 55 Listing. The profile of a property on a listing site or Online Travel Agency and generally includes a title, description, photos and pricing. 56 Listing site.Also known as "Online TravelAgency(OTAP Third-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 71 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX herein required. Such lot shall have frontage or access on a public street or on an approved private street and may consist of: a. A single lot of record; b. A portion of a lot of record; C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or d. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter and that, in the case of multiple lots or portions thereof, the property be replatted to eliminate interior lot lines. 1. Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and alleys. 2. Lot, buildable or useable area. That portion of a lot that a prudent person would use to construct a building and provide required parking. This excludes lakes and rivers, creeks, cliffs, marshes and other similar natural obstacles to development with the property counting toward minimum required size. 3. Lot, corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. 4. Lot coverage. The area of a site covered by building or roofed areas, including covered porches, decks and accessory buildings, but excluding allowed projecting eaves. 5. Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline. 6. Lot, interior. A lot other than a corner lot. 7. Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are met. 8. Lot line, rear. A line opposite and most distant from the front lot line and, in the case of irregular or triangular shaped lots, a line not less than ten feet in length within the lot,parallel to and at the maximum distance from the front lot line. 9. Lot line, side. Lot boundary not a front lot line or a rear lot line. 10. Lot line, zero. The mean horizontal line whereby two adjacent buildings from adjacent lots can be constructed with a common party wall providing a proper fire wall rating. All other aspects are the same as in conventional development. 11. Lot width. The average horizontal distance separating side lot lines of a lot and at right angles to its depth. 61 Lumber a�An establishment that sells sawn timber and other building materials typically stored on the premises. 62 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 72 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX 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, 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_ f acility.-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 testingf acility. Marijuana testing facility means an entity registered to analyze and certify the safety and potency of marijuana. d. Retail marijuana store. Retail marijuana store means an entity registered to purchase marijuana from marijuana cultivation facilities,to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers. 66 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. 73 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX 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) 70 Motel.A building, or group of detached or connected buildings, having six or more guest rooms, an on-premises manager and parking conveniently located on the premises, which are desi,-ned primarily to offer sleepin,-accommodations, with or without meals, to the motoriinz public on a daily rate. Includes desi,-nations 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, agent, operator, entity, firm or corporation having any leggal 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 having possession or control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. 78 Park. Any public land available for recreational, educational, cultural or aesthetic use. 79 Parking area. 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. 74 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX 83 Peddler. A person who, with no fixed place of business, goes from house to house, place to place, or from store to store transporting goods, wares or merchandise for sale or offering or exposing the same for sale or making sales and delivering articles to purchasers. (See Transient merchant and Vending, Street.) 84 Planned unit development. A land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways,utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise be individually permitted. 85 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/apliance. 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: 75 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX a. Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which the food and beverages are consumed; and/or b. A cafeteria-type operation where food and beverages generally are consumed within the restaurant building. 97 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/housin,-rental market. 107 Short-Term Rental Transaction. A transaction whereby a Licensee accepts payment or any other remuneration from another person for lodin accommodations for a period of less than thirty (30) consecutive days. (Single-family,See Dwelling) 76 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX 108 Sleeping Unit. A room or space in which people sleep, which can also include permanent provisions for living, eating, 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. 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 ground floor access to the outside and which are attached to each other by Party walls without openin-s. Also, commonly called sin-le family attached, row house and zero-lot line. (SCC 15.10.235). 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. 77 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX 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; 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 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) 78 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX 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 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 Nigghtly.Non-Hosted lod,-in,-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/housin,- rental market. Primarily used for accommodations or lodging of guests paving 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- = 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. 79 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX (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. (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. The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. (8) 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. 80 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX (11) Each mobile vendor vehicle shall provide the City with a certificate of insurance to cover public liability in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. (12) Any mobile vendor base station shall be properly licensed. (13) Mobile vendors shall comply with all City code, policy and procedures. Failure to adhere to the regulations for mobile vendors is cause for revocation or suspension of the license/permit by the City Clerk. (14) Mobile vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted 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 81 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. (11) Any roving vendor base station must be properly licensed. (12) Roving vendors shall comply with City code, policy and procedures. Policies and procedures shall be set by resolution of the City Council. Failure to adhere to the regulations for roving vendors is cause for revocation or suspension of license permit by the City Clerk. (13) Roving vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted 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. 82 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX (4) A City-approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. (5) Up to five chickens (hens) or rabbits are allowed in accordance with table 15.10.225. (6) Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. (7) Chickens or rabbits are not allowed on lots with more than one dwelling unit. (h) Marijuana establishments as defined in section 15.10.140.B.53 are allowed in accordance with table 15.10.225 of this chapter subject to the following: (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. 83 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX (j) Employee Campgrounds are allowed in accordance with table 15.10.226 of this chapter subject to the following: (1) Employee campgrounds are for established businesses with high seasonal employment of transient workers, and are not to be construed as construction camps. No employee campground may be open for more than 150 days per calendar year, and may not open earlier than April 15, nor remain active later than September 30, except by resolution of the City Council based on specific findings that a longer term, earlier opening date and/or later closing date is warranted because of special circumstances. (2) Occupancy in an employee campground is limited to the transient workers of that industry or business granted a conditional use permit and annual permit. (3) Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee campgrounds. (4) Sanitary facilities shall include either permanent or portable toilets. If permanent facilities are constructed, they shall conform to section 8.15.425(b). Shower facilities may either be on-site in conformance with section 8.15.425(b), or provided on the job site of the employer. (5) The requirements for spacing shall be at least ten feet clear space between camping units. Camping units, other than those being used for living accommodations, shall not be parked within the campground area proper. Ik Short-term rental as defined in subsection 15.10.140 (105) is allowed in 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, documentinz 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. 84 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX 7. Twenty-four (24) hour contact information for the property owner or local representative. 8. A copy of the official Emergency Mana,-ement tsunami evacuation route map. 5. Application of health, fire safety, and buildin'- codes. Short-term rental facilities shall meet all applicable health, fire safety, and buildin'- 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 fire safety inspection. 7. Bed tax provisions. a. All bed tax (Chapter 5.45), sales (Chapter 5.35), provisions apply. b. The property owner shall both have le-al responsibility for the collection of all applicable taxes and remittance of the collected tax. 8. Required fee.A $150 fee due at the time of new short-term rental application, which is separate from the required City ofSeward business license fee required by Chapter 8.30. a. Renewals will be accepted every October (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 (STR) 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, re-ardless of whether the licensee obtains liability insurance for the short-term rental throe'-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 Burin,-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 aura-ate. Such covers,-e 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 throumh a Hostin,- Platform that provides equal or -reater insurance coveraze for 85 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX each Short-Term Rental Use, provided that the Licensee abides by the notification requirements. C. A licensee shall maintain an insurance policy as described in section 11 a & b. Failure to maintain an insurance policy as described in section 11 a & b shall be cause for automatic suspension of the Short-Term Rental license until the coverage 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 2022. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 86 Sponsored By: Staff CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-030 A Resolution of the Planning and Zoning Commission of the City of Seward, Recommending the City Council Amend Portions of Seward City Code 15.10.226 Land Uses Allowed,J Employee Campground WHEREAS, the Planning and Zoning Commission postponed a Conditional Use Application for an Employee Campground to hold a public work session to receive more public input and to review Employee Campgrounds in City Code; and WHEREAS, the Planning and Zoning Commission held a public work session on November 16, 2021 to discuss amending 15.10.226 Land Uses Allowed, J Employee Campgrounds; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote community and economic growth. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2022-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. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of December 2021. THE CITY OF SEWARD,ALASKA Tom Swann,Vice Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: 87 Seward Planning and Zoning Commission Resolution No. 2021-030 Page 2 ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 88 P&Z Agenda Statement Meeting Date: December 7, 2021 Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Amending Portions of Seward City Code 15.10.226 Land Uses Allowed, J Employee Campgrounds BACKGROUND & JUSTIFICATION: On November 2, 2021 the Planning and Zoning Commission reviewed a Conditional Use Permit application for an Employee Campground. After discussing the application and hearing comments from the public, the Planning and Zoning Commission decided to postpone the application and schedule a work session where they could discuss in more depth the City Code for Employee Campgrounds. On November 16, 2021 the Planning and Zoning Commission held a public work session in which they received public input and discussed making a change to Seward City Code 15.10.226 Land Uses Allowed, J Employee Campgrounds to extend the duration of the operating time frame, to change what is defined as a camping unit in an employee campground, and to clarify the requirements for sanitary and shower facilities. Consistency Checklist: Yes No NA 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 2. Strategic Plan (1999) X _ Goals and Objectives • "Adjust local development regulations,where appropriate,to encourage development that is consistent with our economic base vision"pg 5 89 Planning and Zoning Agenda Statement RECOMMENDATION: The Commission approve Resolution 2021-030, Recommending the City Council Amend Portions of Seward City Code 15.10.226 Land Uses Allowed, J Employee Campgrounds 90 Sponsored by: Planning and Zoning Commission Introduction Date: December 7,2021 Public Hearing Date: January X,2022 Enactment Date: January X,2022 CITY OF SEWARD, ALASKA ORDINANCE 2022-XXX An Ordinance of the Seward City Council,Amending Portions of Seward City Code 15.10.226 Land Uses Allowed,J Employee Campground WHEREAS, the Planning and Zoning Commission postponed a Conditional Use Application for an Employee Campground to hold a public work session to receive more public input and to review Employee Campgrounds in City Code; and WHEREAS, the Planning and Zoning Commission held a public work session on November 16, 2021 to discuss amending 15.10.226 Land Uses Allowed, J Employee Campgrounds; and WHEREAS,the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote community and economic growth. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Section 15.10.140 is hereby amended to read as follows: (Stfi eth- = 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. 91 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX (3) No cooking or cooking facilities are permitted in individual guest bedrooms. (4) Within single and two-family residential districts, lodging is limited to a home occupation within an owner-occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (5) In all other residential districts, lodging within single-family residences and duplexes is limited to a home occupation within the business owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (6) Within commercial districts, lodging is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. (7) Multifamily dwellings used for lodging purposes are not required to be the business or property owner's residence. The use shall be limited to not more than five apartment units. (8) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. (9) Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. (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. 92 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX (8) Mobile vendor vehicles must be self-contained when operating, except for the required trash and or recycling receptacles, which shall be in a safe location and in no event shall impede the free movement of automobiles or pedestrians, within their permitted lot or space. (9) Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked in spaces parallel to City sidewalks. (10) It shall be unlawful for a vendor to attract customers by hawking or physically accosting persons. (11) Each mobile vendor vehicle shall provide the City with a certificate of insurance to cover public liability in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. (12) Any mobile vendor base station shall be properly licensed. (13) Mobile vendors shall comply with all City code,policy and procedures. Failure to adhere to the regulations for mobile vendors is cause for revocation or suspension of the license/permit by the City Clerk. (14) Mobile vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted 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. 93 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX (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. (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 94 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX required setbacks as provided by section 15.10.220. In no case shall the allowed area of operation be less than five feet from any property line,permanent structure or other transient merchant. (5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer. (6) Any additions, including, but not limited to,porches,platforms and decks, shall be sided or painted to match or complement the vehicle or trailer prior to operation. (7) Every transient merchant shall provide sufficient trash receptacles on-site and ensure the proper disposal of all garbage collected on the site. (8) The use of generators is prohibited. (9) No transient merchant shall conduct business on property owned or operated by the City except in accordance with chapter 8.10 of this Code. (10) Transient merchants shall conform to all federal, state and local laws. (f) Reserved. (g) Livestock as defined in section 15.10.140B. are allowed in accordance with table 15.10.225 of this chapter subject to the following: (1) Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits). (2) Livestock fencing shall be no closer than five feet from a property line. (3) A City-approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or streams. (4) A City-approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. (5) Up to five chickens (hens) or rabbits are allowed in accordance with table 15.10.225. (6) Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. (7) Chickens or rabbits are not allowed on lots with more than one dwelling unit. (h) Marijuana establishments as defined in section 15.10.140.13.53 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, 95 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX 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 151h and no later than September 30th (j) Employee Campgrounds are allowed in accordance with table 15.10.226 of this chapter subject to the following: (1) Employee campgrounds are for established businesses with high seasonal employment of transient workers, and are not to be construed as construction camps. No employee campground may be open for more than 4-5-0180 days per calendar year, and may not open earlier than April 15, nor remain active later than September 30, except by resolution of the City Council based on specific findings that a longer term, earlier opening date and/or later closing date is warranted because of special circumstances. (2) Camping units as described in 15.10.140 are not permitted. For the purposes of this section, a campinz unit is described as a modified campinz Connex, providinz living facilities for one or more persons. (3) Occupancy in an employee campground is limited to the transient workers of that industry or business granted a conditional use permit and anatial permit. 96 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX (3) Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee campgrounds. (4) Sanitary facilities shall be provided and include either permanent or portable toilets on-site. If permanent facilities are constructed, they shall conform to section 8.15.425(b). Shower facilities shall be provided and may either be on-site in conformance with section 8.15.425(b), or provided on the job site of the employer. (5) The requirements for spacing shall be at least ten feet clear space between camping units. Camping units, other than those being used for living accommodations, shall not be parked within the campground area proper. 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 2022. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 97 Sponsored By: Staff CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-031 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, to Amend the Definition for Light Manufacturing, and to Amend 15.10.226 Land Uses Allowed Table; Allowing Light Manufacturing in a Central Business District with a Conditional Use Permit WHEREAS, the City Council passed a motion on February 22, 2021 to direct the Planning and Zoning Commission to review making a change to the Land Use Table to allow Light Manufacturing in the Central Business District; and WHEREAS, the Planning and Zoning Commission held a public work session on November 16, 2021 to discuss allowing Light Manufacturing in a Central Business District; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote community and economic growth. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2022-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. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of December 2021. THE CITY OF SEWARD,ALASKA Tom Swann,Vice Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: 98 Seward Planning and Zoning Commission Resolution No. 2021-031 Page 2 ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 99 P&Z Agenda Statement Meeting Date: December 7, 2021 Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Amending Portions of Seward City Code; 15.10.140 Definitions, to Amend the Definition for Light Manufacturing, and to Amend 15.10.226 Land Uses Allowed Table;Allowing Light Manufacturing in a Central Business District with a Conditional Use Permit BACKGROUND & JUSTIFICATION: On February 22,2021,City Council passed a motion to `Direct the Planning&Zoning Commission to review making a change to the Land Use Table to allow Light Manufacturing in Central Business District.' On March 2, 2021,that directive was presented to the Planning and Zoning Commission by Jackie Wilde. On May 4,2021,the Planning and Zoning Commission added the topic"Review the land use table in conjunction with light and heavy manufacturing definitions,"to the work session topic scheduled for May 20, 2021. On May 20, 2021, Council member Liz DeMoss spoke as the council liaison to the Planning and Zoning Commission stating that one of the downtown businesses wished to do cannabis extraction. Currently, manufacturing was not allowed in the Central Business District, although some small manufacturers were operating, such as jewelry-making and candy-making. Chair Cindy Ecklund stated that they would review manufacturing in conjunction with the Land Use Allowed table in upcoming work sessions. On November 16,2021,the Planning and Zoning Commission held a public work session in which they received public input and discussed making a change to the Land Use Table to allow Light Manufacturing in the Central Business District. Consistency Checklist: Yes No NA 1. Comprehensive Plan (2030) X 100 Planning and Zoning Agenda Statement 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 2. Strategic Plan (1999) X Goals and Objectives • "Adjust local development regulations,where appropriate,to encourage development that is consistent with our economic base vision"pg 5 RECOMMENDATION: The Commission approve Resolution 2021-031, Recommending the City Council Amend Portions of Seward City Code; 15.10.140 Definitions, to Amend the Definition for Light Manufacturing, and to Amend 15.10.226 Land Uses Allowed Table; Allowing Light Manufacturing in a Central Business District with a Conditional Use Permit 101 Sponsored by: Planning and Zoning Commission Introduction Date: December 7,2021 Public Hearing Date: January X,2022 Enactment Date: January X,2022 CITY OF SEWARD, ALASKA ORDINANCE 2022-XXX An Ordinance of the Seward City Council,Amending Portions of Seward City Code; 15.10.140 Definitions, to Amend the Definition for Light Manufacturing, and to Amend 15.10.226 Land Uses Allowed Table; Allowing Light Manufacturing in a Central Business District with a Conditional Use Permit WHEREAS,the City Council passed a motion on February 22,2021 to direct the Planning and Zoning Commission to review making a change to the Land Use Table to allow Light Manufacturing in the Central Business District; and WHEREAS, the Planning and Zoning Commission held a public work session on November 16, 2021 to discuss allowing Light Manufacturing in a Central Business District; and WHEREAS,the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote community and economic growth. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Section 15.10.140 is hereby amended to read as follows: (Stfi eth- = deletions,Underline = additions and are bold italics): 15.10.140 Definitions. (53) Manufacturing, light. A use engaged in the manufacture,predominantly from previously prepared material, of finished products or parts that, because of the nature of its equipment, operations, processes, materials, and products, has little or no potential of creatin'-noise, vibration, dust, smoke, fumes, odor,Aare, or other environmental impacts on surrounding properties or uses. , ineidental storage, sales a*d 102 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX 15.10.226 Land Uses Allowed Table. Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Accessory building O O O O O O O O O O O O O Adult entertainment INTENTIONALLY LEFT BLANK Agency, i.e., travel, insurance, O O O O O title, real estate, etc. Agriculture O Airport and related services O C Amusement or recreation O O O facility Animal shelter O C C Antenna, personal TV, satellite O O O O O O O O O O O O dish Art gallery O O O O O Assemblages, temporary large, P P P P P P P i.e., circus, fair Attraction, permanent major C C C C C visitor 103 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX Auditorium O O O Auto repair, i.e., mechanic, C O glass body, upholstery Auto service/gas station O O O Auto/RV sales and rentals O O O Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Boat sales O O O Boat, commercial O O building/fabrication Boat, harbor/marina C C C C C Boat, repair and maintenance O O O C Boat, storage commercial O O O C Bulk material, i.e., concrete, C C gravel, sand, asphalt Business, marine retail sales O O O O C and service Business, package liquor O O O 104 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX Business, retail sales and O O O O service Business, retail sales and O service, industrial Campground, municipal C/P C/P C/P C/P Campground, camper park, C/P C/P C/P private Campground, employee C/P Car/boat wash O O O Cemetery O 1 C O Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Center, community/civic O O C C Center, mariner's O O O O Center, senior or teen C C C O O C C Child care, licensed center C C O O O C Child care, licensed home O O O O O O O O O Church C C C C C C O O O O Clinic, medical O O O O O Clubs, C O O C fraternal/lodges/social/veterans 105 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX Cluster subdivision C C C Commercial Communications C C C C C C tower less than 16 feet diameter or 75 feet in height Commercial Communications C C C tower 16 feet diameter or greater than 75 feet in height Correctional/prison facility C C C C Crematory O Docks/wharves, industrial cargo O O C C Dock, passenger O O O C O Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Drinking establishment, i.e., C C C bar, nightclub, lounge Drive-in facility—Fast food, C C C C C banking, etc. Dwelling, apartment in a O O O O O C commercial building (limited to one unit) Dwelling, apartment in a O O C C commercial building (two or more units) 106 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX Dwelling, apartment, effciency O O O O O O O or accessory Dwelling, apartment, studio C C C C C C Dwelling, attached single- C C C C C C C family, i.e., townhouse, row Dwelling, condominium C C C C C C C Dwelling, detached single- O O O O O O O C C family Dwelling, group home O O O O O O C Dwelling, guest house O O C Dwelling, multi-family (3 or C C C C C C C more units) [Dwelling, two-family or duplex O O O O O C C Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Dwelling, watchman or O C caretaker Emergency services, pub/vol; C C C C C C O C O O C O i.e., fire, ambulance, rescue Financial institution, i.e., bank, C O O S&L 107 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX Flea market, open air retail C C C other than occasional Fuels, bulk storage and sales C Golf course O O C Golf driving range O O O O C Greenhouse/nursery— O O O Commercial Grocery, convenience store C C C O O O O Grocery, supermarket, O O foodmart Health club C C O O O Home occupation O O O O O O O O O O Hospital C C House rental on a nightly basis P P P P P P Housing, bunkhouse C C C Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Housing, dormitory O O Housing, nursing, retirement, C C C convalescent 108 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX Kennel, commercial, musher or INTENTIONALLY LEFT BLANK fancier Laundry, dry cleaning O C O O Library O O O O Livestock, excluding chickens P P and rabbits Livestock, chickens and rabbits P P P P P P P P P Lodging, B&B, rooms, duplex H/P H/P H/P H/P H/P O/P O/P O/P O/P and accessory apartment Lodging, hostel P P P P P P Lodging, hotel, motel, lodge, C O C C inn Lodging, multifamily dwelling P P P P P P P apartment Lumber yard/building supply C O C Manufacturing—noxious, heavy C Manufacturing, light C C O fabrication, assembly L Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Merchant, transient O O O O Mobile home park C/P 109 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX Mobile home, residential, not in INTENTIONALLY LEFT BLANK park Mobile home sales O O Mobile medical unit O O O Mobile vendor P P P P P P P P P P P Mortuary/funeral home O O O Museum C O O O O O Offce, boat charter, guide O O O O O C Offce, business or professional O O O O O Offce, government/quasi- O O O O O O O government administration Offce, mobile/temporary on P P P P P P P P P P P P P construction site Offce, home, professional O O O O O Parking lot C C O O O O O O O O Personal services, i.e., beauty, O O O O shoe, tailor Planned unit development C C C C C C Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Playground, public tot lot O O O O O O O O O O O 110 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX Railroad C C C C Recreation, commercial indoor, O O O C i.e., bowling, skating Recreation, outdoor, i.e., O C C C miniature golf Recreation, shooting range C C C Recycling center C C O C Recycling, self-service drop-off O O O O O O O O point Repair service, i.e., large C C O appliance Resource extraction, C C C commercial subsurface, i.e., mining Resource extraction, C C C commercial surface, i.e., gravel Resource extraction, C C commercial timber harvesting Restaurant, food service, O O O O O C catering, brew pub Rooming or boarding house O/P O/P O/P O/P Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P 111 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX Roving Vendor P P P P P P P P P P P Salvage—auto, wrecking, scrap, C junkyard Sawmill or lumbermill C C School, college C C C School, public/private C C C C C C C C C elementary/secondary School, vocational C O O C O C Seafood processing, i.e., C C C C canning, rendering Shop, i.e., welding, sheetmetal, C C O machine, steel fab. Shop, i.e., wood, signs, cabinet, C C O C O upholstery Shopping center (mall) C C Solid waste disposal, i.e., baler, C C C transfer, landfill Storage, container P P P P O P Storage, explosives P Storage, outdoor, yard, C O O C material/equipment Zoning Districts Principally Residential Principally Commercial Principally Public 112 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Storage, self service O O O O Storage, warehouse and O O O C C distribution Studio, radio/television C O O O O C Tanks, aboveground associated C C O with service station Taxidermy O O O O O Terminal, i.e., bus, truck, freight O C O C Terminal, marine/boat O C O O C passenger Theater, concert, movie O O Tool/equipment rental O O Temporary structure P P P P P P P P P P Utility facility, public electric, C C C C C C O O O O O O water, sewer, etc. Vehicle impound lot O O Vending machine repair, O O C storage Veterinary hospital C C C Wind Energy Conversion O O O O O O O O O O O O O Systems (WECS) 113 CITY OF SEWARD,ALASKA ORDINANCE 2022-XXX 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 2022. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 114 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 2, 2021 Volume 7, Page CALL TO ORDER The November 2, 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 Gary Seese led the pledge of allegiance to the flag. ROLL CALL There were present: Tom Swann presiding, and Gary Seese Craig Ambrosiani Nathaniel Charbonneau Vanessa Nlef ey Glar-e Stilli ,a Comprising a quorum of the Commission; and Courtney Bringhurst, Acting Community Development Director (telephonic) Brenda Ballou, City Clerk Excused—Verhey, Sullivan Absent—None Vacant—One Clerk's Note: Cindy Ecklund submitted her resignation to the city clerk on October 14, 2021, following the certification of the borough election wherein Ecklund was elected to serve as Seward's Borough Assembly Representative. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None Liz DeMoss wished to speak about the topic of manufacturing in the central business district; there were several businesses that operated there currently which were technically manufacturers, and there were more businesses that wished to operate there. She suggested adding it to the Land Use table to be approved by Conditional Use Permit(CUP). Randy Wells also supported allowing manufacturing in the central business district; he wished to operate a manufacturing business that would result in four full-time, year round employees. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Ambrosiani) Approval of Agenda and Consent Agenda 115 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 2, 2021 Volume 7, Page Swann added an item to Other New Business to discuss the recognition of Cindy Ecklund for her service on the Planning& Zoning Commission. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the October 19,2021 Regular Meeting Minutes. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Administration Report. Acting Community Development Director Courtney Bringhurst(telephonically)stated the department was in the process of relocating the offices from the Annex Building to the second floor of City Hall. Starting on November 8,2021,the department would officially be relocated to City Hall, and that would also be the first day for Jason Bickling to start as the new Community Development Director. Swann recalled a discussion at the last meeting wherein the commission wondered how much authority they had to dictate the intended use of a business,like requiring a housing structure to rent only to long-term tenants and disallow nightly lodging. Other Reports, Announcements, and Presentations —None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2021-026, Of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To ACOM Consulting Inc. To Construct A Wireless Communications Facility On The Roof Of The Residence Hall On Block 29, Original Townsite Of Seward, Block 29 Replat, Located At 516 Third Avenue; Within An Institutional (INS) Zoning District. Motion (Ambrosiani/Charbonneau) Approve Resolution 2021-026 Bringhurst recited the terms contained in the agenda statement and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold supported this CUP because she thought the cell tower was necessary and would be discreet. She was concerned, however, that the public notice signs were not clearly visible to the public, and that was not in compliance with city code. She said there was a public notice sign inside a green-tinted window at AVTEC which was very difficult to read. She believed 116 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 2, 2021 Volume 7, Page this resolution should be postponed in order to allow time for the applicant to display the proper signage. No one else appeared and the public hearing was closed. Ambrosiani asked for verification that the signs had been posted properly. In response, Bringhurst said her department furnished signs to applicants with instructions on how they should be posted; it was up to the applicant to ensure the signs met the requirements of proper posting. Swann wondered what the legality of this situation was, and if it would be prudent to postpone this resolution. Bringhurst wondered as well, because once she provided the signs and instructions to the applicant,posting the notices were beyond her control. Seese thought perhaps some signs may have blown off due to recent high winds. Charbonneau wondered what the city's responsibility was to verifying proper signs posting. Motion Passed Unanimous Resolution 2021-027, Of The Planning And Zoning Commission Of The City Of Seward, Alaska, Granting A Conditional Use Permit To OBI Seafoods To Construct An Employee Campground With Modular Housing On Lot 2, Block 3, Leirer Industrial Subdivision, Located At 1607 Northwestern Circle; Within An Industrial (I) Zoning District. Motion (Ambrosiani/Charbonneau) Approve Resolution 2021-027 Bringhurst recited the terms contained in the agenda statement and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold stated she had intentionally driven through this area searching for the public notice signs, and hadn't found any; this resolution should be postponed until the proper signs could be displayed, and weather conditions should not be used as an excuse for not posting properly. Further, she believed this application should be denied for the following reasons: incomplete and sketchy application, the use was not covered by city code so there would be no inspections, it did not comply with code for waste receptacles, spacing between units was inadequate, and it perpetuated substandard housing and cramped living spaces. Using shipping containers for housing was not supported in the Comprehensive Plan. She believed these housing units were inhumane and permanent housing structures should be required. She requested the commission deny the application. Brian O'Leary was the manager for OBI and had submitted the application. He had completed this application using past CUP applications for reference. He stated the Modular 117 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 2, 2021 Volume 7, Page Housing Units (MODs)were commonly used throughout the state in the seafood industry. He said the units were not substandard, but were nicely finished and secure; there were proper restroom and shower facilities, as well as a gymnasium. No one else appeared and the public hearing was closed. Charbonneau wondered how many people were housed in each container, where the bathrooms and showers were located, what the trash collection arrangements would be, and what the parking arrangements were. He believed that the housing structures were previously required to be removed each year, but that was not included in this CUP. Fire services commented on the agenda statement that since the MODs were not considered permanent structures,the MODs would not be inspected; he wondered, if the MODs were not being removed, then wouldn't that mean they were permanent. He requested clarification. Swann stated the MODs were not new, but the CUP application was just being put under a different applicant's name. He wondered where the requirements for removing the MODS each year had originated. In response, Bringhurst said that requirement had been included in the last CUP application. Swann stated that removing the units each year was a CUP provision, not a city code requirement. Charbonneau reasoned that the units would then be considered permanent if they were not required to be removed, and should be inspected. Swann responded that he thought it was incumbent upon the commission to review the requirements of the CUP; the units didn't fit as temporary or permanent structures. Swann added that, even though the MODS were sitting there permanently, they were not being used permanently; they were only being for 150 days. Fire Chief Clinton Crites said there appeared to be two issues with city code. One was an employee campground could be used for no more than 150 days, but city code did not specify whether moving the units was required. In this specific case,the requirement to move the housing structures had been in place for the past 15 years. The structures were considered temporary structures under the city's adopted International Building Code, and were required to be moved off the property every 180 days. Crites said for the first few years, the campground was removed, then one year they were allowed to remain in order to perform maintenance; in subsequent years, the request to perform maintenance came more often, and leaving the structures in place year round became more and more common. Crites had consulted with the city attorney, who said because the area was designated as an employee campground, the structures could actually include things like tents and RVs and still be in compliance. These MODS were not campers or tents, but something else. Anywhere else in the city, Crites said these MODs would not be allowed to stay for more than 180 days. From a code perspective, Crites could not classify these structures, and therefore had no basis upon which to inspect them. Swann didn't think these MODS fell clearly into any particular category. He suggested that some real thought and consideration be put into how to define these employee housing units. 118 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 2, 2021 Volume 7, Page Swann wished to bring this topic up at the commission's next work session, and was considering postponing this until the commission could discuss further. Ambrosiani was concerned that delaying this resolution may have an impact on OBI's operations and planning for their next season; he thought everyone was doing the best they could with the information they had. He said these MODs were better than tents and campers, not as good as dormitories, but they were an improvement; he had seen these MODs used commonly in other fishing communities. Swann stated that this CUP would be approved, so OBI could rely on knowing they would have the use of the MODs; he wanted the commission to have a chance to think about what they would want to include for conditions, such as parking, which had not been addressed in the application. He said in city code currently, there was a requirement of an annual permit for an employee campground; however, the city code did not define what that permit entailed. Swann stated, since this topic was scheduled for the commission's work session in two weeks, it made sense that this CUP be finalized after that work session. Ambrosiani wanted to understand what kind of impact this delay would have on OBI. The commission suspended the rules to speak with Brian O'Leary from OBI. Ambrosiani asked what the impact would be on OBI if this resolution was postponed to January. OBI Manager Brian O'Leary said, from a planning perspective, OBI intended to use these MODs starting in March for the halibut and black cod season, and he would be concerned that a delay might interfere with their hiring and bringing in workers. O'Leary said the hiring market for workers was very competitive, and the workers had to be brought in. The commission went back on the rules. Swann stated these MODs, by city code, could not be used before April 15th; further, they could only be used for 150 days each year. If OBI wanted to start using the MODs in March, they would have to bring that request to council, and 150 days from March meant they would have to stop using them in July or August, unless the city code was changed. Swann said, if the MODs were used for more than 150 days, then they would be considered permanent structures, and then would be required to be converted to bunkhouses. He stated, if it was OBI's intention to house workers for nine months out of the year, these were the wrong structures to be using; these container MODS were very specifically for short-term use. Swann suggested the work session was the proper venue to have these discussions. Charbonneau concurred that a work session would be appropriate. Motion to Postpone (Swann/Charbonneau) Postpone Resolution 2021-027 to January 11,2022. Motion to Postpone Passed Yes: Charbonneau, Seese, Swann 119 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 2, 2021 Volume 7, Page No: Ambrosiani Clerk's Note: Seward City Code 2.30.220 (b) states: "...The affirmative votes of at least a majority of those Commissioners present shall be required for official action unless a larger majority is required by law. " Resolution 2021-028, Of The Planning And Zoning Commission Of The City Of Seward, Alaska, Recommending Kenai Peninsula Borough Approval Of The Preliminary Replat Of Lot 4A-1 And Lot 41), Block 7, Fourth Of July Creek Subdivision SMIC, Raibow Replat, Creating Four Lots; Lot 4D-1, Lot 4A-2, Lot 4A-3, And Lot 4A-4; Vacating The West 10' Utility Easement Of Lot 41), Block 7, Fourth Of July Creek Subdivision SMIC, Raibow Replat, And East 10' Utility Easement Of Lot 4A-1, Block 7, Fourth Of July Creek Subdivision SMIC,Raibow Replat. Motion (Charbonneau/Ambrosiani) Approve Resolution 2021-028 Bringhurst recited the terms contained in the agenda statement and recommended approval. She noted that the applicant had specifically requested this resolution be postponed to the next meeting. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold stated that, again, she had intentionally searched for public notice signage at this property, and found only one sign which was on the ground on a gravel service road, rather than properly posted on a public right of way. She thought this resolution should be postponed to require proper signing, and that staff should be required to verify that public notice signs were properly installed for ten days. Further, she was concerned about the loss of utility easements and the common use of extension cords and water hoses on the property. The previous leaseholder of these lots had agreed to furnish utilities to this property, but had defaulted on the lease and left town before any improvements were made. The existing utility easements should remain intact and relocated, rather than be vacated. Having the opportunity to replat was the perfect time to secure proper utility easements, and to rename the location from "Raibow" to something more neutral. No one else appeared and the public hearing was closed. Motion to Postpone (Swann/Charbonneau) Postpone Resolution 2021-028 to January 11, 2022. Motion to Postpone Unanimous UNFINISHED BUSINESS —None NEW BUSINESS 120 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 2, 2021 Volume 7, Page Other New Business Items Nominate and elect a Chair. Charbonneau wondered if they should wait until all the commissioners were present. Motion to Postpone (Ambrosiani/Charbonneau) Postpone the elections to January 11,2022. Motion to Postpone Passed Unanimous Consent Nominate zcircr-aacccza�icc-czrzcrr. Review City Council directive to evaluate allowing Light Manufacturing in the Central Business District. Swann stated this first came up about nine months ago, and suggested taking it up again in the January, 2022 work session. Charbonneau wondered if it should be discussed this month instead. In response, Swann said the commission already had topics scheduled this month. Charbonneau wished to include this as an additional topic this month in the event that the commission could address it. Ambrosiani requested that staff provide some proposed wording for the commission to review and consider. Swann said light manufacturing covered a wide range of areas, and thought it should be allowed by CUP. He said it would be a matter of determining what restrictions should be placed upon various CUP applications, depending upon what was being manufactured. Ambrosiani wondered if staff could find examples from other Alaskan communities for light manufacturing; he didn't believe the commission needed to start from scratch, but could use other communities as reference. In response, Bringhurst stated she would conduct research to see what other communities allowed for light manufacturing. Discuss and set the topic for the November 16,2021 work session. This item was not discussed by the commission. Discuss the recognition of Cindy Ecklund for her service on the Planning & Zoning Commission. Swann stated he wanted to recognize Ecklund for her service to P&Z. City Clerk Brenda Ballou stated that, given Ecklund's years of service, she would be receiving a gold pan from city council in recognition of her service;P&Z could collaborate with council on recognizing Ecklund, or they could do their own recognition service. Swann wished to recognize Ecklund at a P&Z 121 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 2, 2021 Volume 7, Page meeting, in addition to council's recognition. INFORMATIONAL ITEMS AND REPORTS Reminder:December 7, 2021 meeting and December 21, 2021 work session have been cancelled. Reminder:January 4, 2022 meeting has been rescheduled to January 11, 2022. PAS Quick Notes Climate Resilient Pollinator Gardens CITIZEN COMMENTS Liz DeMoss appreciated the commission taking up the light manufacturing topic again. She wondered if, since there was so much variety in manufacturing, it would be more efficient to just enact a general CUP application requirement,which could a fire inspection when necessary. COMMISSION AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Charbonneau thanked staff for their work, and the public for coming out. Seese thanked the commissioners for coming to the meeting tonight. He thanked staff, and appreciated Courtney Bringhurst participating by telephone. Swann thanked Bringhurst for working so effectively telephonically. ADJOURNMENT The meeting was adjourned at 8:12 p.m. Brenda J. Ballou, MMC Tom Swann City Clerk Vice Chair (City Seal) 122 Planning fundamentals for public officials i • engaged citizens This PAS QuickNotes was prepared by Anna Read,AICF,seniorprogram development and research associate. ... Small-Lot Subdivision Design }: Many cities in the U.S.have residential neighborhoods where most homes sit on lots that are less than 5,000 square feet in area.In older central cities,these are often neighborhoods near the downtown core, _ and for suburbs developed before World War II,modest homes on small lots are common.However,in TTl� the postwar period,communities across the country adopted zoning codes that set large minimum lot sizes for residential development,facilitating a pattern of detached single-family homes on large lots. Increasingly,communities are looking to promote infill development,provide alternatives to large-lot a single-family homes,and produce more affordable housing stock.Small-lot subdivisions can help m promote context-sensitive infill development,increase opportunities for home ownership,and may be a tool for addressing housing affordability issues. Cottage housing on small lots in Kirkland,Washington. There are two primary reasons why a community may want to treat small-lot subdivisions as a distinct type of development.The first is to permit small-lot development in areas where the predominant development pattern is larger Iots.The second is to allow for development(or redevelopment)in areas where the existing development pattern is small lot,but where small-lot development is no longer compatible with existing zoning regulations. SMALLS LOTS WHERE LARGER LOTS ARE PREVALENT In communities where detached single-family homes on large lots are the predominant form of residential development,allowing for small-lot development provides an alternative to this form of development that serves several purposes.Small-lot development increases overall housing density and promotes context-sensitive infill development or redevelopment in areas where land is underutilized.This can help increase overall housing production,which is a component of addressing housing affordability concerns. Additionally,small-lot development provides additional diversity in housing stock,which creates options for home buyers and may be particularly attractive to first-time home owners or seniors looking for less space or lower price points. Los Angeles amended its zoning code in 2005 to provide an alternative to conventional large-lot single- family home development patterns and facilitate infill development on underutilized lots in most residential and commercial zones into fee-simple homes.The code's Small Lot Subdivision standards allow developers to divide existing parcels into lots with one to three homes,with a minimum lot area of 600 square feet(compared to the 5,000-square-foot minimum for conventionally developed single-family homes).The ordinance also reduces setback requirements and removes the street frontage requirements (§12.22.C.27).All small-lot subdivisions must also comply with the city's Small Lot Design Guidelines,which address site planning,building design,and landscaping to ensure that small-lot developments are context sensitive and compatible with existing neighborhood form. SMALL LOTS TO FIT EXISTING FORM Many communities have small lots as a component of their existing development pattern,and in some communities,small lots are the predominant form.For older cities,these lots often predate the local zoning code and may fail to meet the minimum lot size or dimension standards of the code. Furthermore,the homes on these lots may fail to meet the required setbacks of the zoning district. In these cases,the small lots are grandfathered nonconformities,meaning owners must typically meet all current zoning standards before they can modify existing homes or build anything new on these lots.This poses both practical and financial challenges for renovation and redevelopment of existing homes,as well as infill development on nonconforming vacant Iots.Therefore,communities that either amend zoning district standards to match the existing development pattern or define and American Planning Association Making Great Communities Happen A Publication of the American Planning Association I PAS QuickNotes No.71 123 permit small-lot subdivisions as a distinct form of development can facilitate infill and redevelopment and create a more predictable environment for project financing. In 1999,Newark,New Jersey,changed its zoning code to allow small-lot development.At the time,the minimum lot size requirements in Newark's zoning ordinance were incompatible with existing residential development patterns in the urban core,which primarily consisted of 25'x 100'lots.Property owners had to request variances to develop on lots that were under the minimum lot size,which created challenges for home owners attempting to make improvements to their properties and for the redevelopment of previously developed but currently vacant lots.Following this change,the city saw an increase in infill housing development.However,local officials found that many of the new residences did not blend well with neighboring homes and moved to adopt new zoning standards that addressed design considerations for small-lot development in 2008. CONSIDERATIONS Regardless of the predominant development pattern,there are several important design considerations for small-lot subdivisions to help new homes blend into existing neighborhoods.These considerations include building setbacks,building design(height,form,and style),and parking requirements. Building setbacks on small lots are important to creating a uniform street frontage,helping to minimize potential conflicts between small-lot developments and neighboring properties,and facilitating property maintenance.The Los Angeles Small Lot Design Guidelines note that minimal setbacks are often appropriate for small-lot development.They require a five-foot side setback between small-lot developments and any adjacent development.These guidelines also require that the street setback be compatible with the prevailing setback in the area. Defining design features,including height,form,and architectural style,is important to ensure compatibility with existing form and minimize potential conflicts.Height standards address the height of the new development in relation to existing buildings and may use a measurement such as a block average to make sure that small-lot homes are compatible with existing development.Specific elements of form or style that address context can also be defined.For example,a town home style may work better in the context of an urban environment,while a cottage style may be better suited FURTHER READING to a suburban environment.Newark's zoning standards do not specify a style of building;however, 1.Published by the American they address key design features for single-family development.For example,building setbacks must Planning Association match those of neighboring properties;windows must cover 30 percent of the front facade;and primary entrances must face the street(§40:5-3).The standards also limit paved areas to 50 percent of Nisenson,Lisa.2012."Density and the Planning the lot to encourage green space. Edge"Zoning Practice,August.Available at planning.org/media/document/9006912. Another important consideration for small-lot development is parking requirements—both the number Tomasulo,Katy.2016."One Size Does Not Fit of spaces that need to be provided and how they are provided on the site.In 2007,Kirkland,Washington, All"Planning,July.Available at planning.org/ added development standards to its zoning code for Cottage Housing,a common term for small-lot planning/2016/jul/onesize. subdivisions in the Puget Sound region.These standards reduced the number of parking spaces required per home and allowed the parking for all residences to be provided in a single area on the site(§113.25). CONCLUSION 2.Other Resources Small-lot subdivision design can be a tool to help communities achieve goals related to infill Los Angeles,City of.2014.Small Lot Design development and redevelopment,increasing the diversity of the housing stock and opportunities for Guidelines.Available attinyurl.com/y7bcs3xa. home ownership,and creating more affordable housing.While small-lot development can help achieve U.S.Department of Housing and Urban a range of goals,it can also create conflicts with existing neighbors.As a result,it is important to address Development(HUD).2011."Kirkland, design for small lots through design standards or guidelines to ensure that this development respects Washington:Cottage Housing Ordinance" its context to minimize potential conflicts. HUD User Case Study.Available at huduser. PAS QuickNotes(ISSN 2169-1940)is a publication of the American Planning Association's Planning Advisory Service(PAS).©2017 by the gov/portal/casestudies/study-102011_2.htm I. American Planning Association.All rights reserved.No part of this publication maybe reproduced or utilized in any form or by any means, U.S.Department of Housing and Urban electronic or mechanical,including photocopying,recording,or by any information storage and retrieval system,without permission in writing. Development(HUD).2011."Los Angeles, VsItPAS online at planning.org/pas to find outhow PAS can workforyou.American Planning Association staff.JamesM.Drinan,in California:Small Lot Ordinance"HUD User Executive Director,David Rouse,mcv,Managing Director of Research and Advisory Services;David Morley,AicP,and Anna Read,ACP, Case Study.Available at huduser.gov/portal/ QuickNotes Editors;Julie Von Bergen,Senior Editor,Susan Deegan,Senior Graphic Designer casestudies/study_10201 1_1.htm I. A Publication of the American Planning Association I PAS QuickNotes No.71 124