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HomeMy WebLinkAbout01102023 Planning & Zoning Meeting PacketPlanning & Zoning Commission Agenda Packet Regular Meeting Tuesday, January 10, 2023 Council Chambers, City Hall 7: 00 p. m. The City of Seward, Alaska SEWARD PLANNING AND ZONING COMMISSION ib" REGULAR MEETING AGENDA January 10, 2023 7:00 p.m. Council Chambers Clare Sullivan Chair Term February, 2024 Vanessa Verhey Vice Chair Term February, 2023 Nathaniel Charbonneau Commissioner Term February, 2024 Victoria Monaco Commissioner Term February, 2025 Brenan Hornseth Commissioner Term February, 2025 Troy Staggs Commissioner Term February, 2025 Sean Ulman Commissioner Term February, 2025 Janette Bower City Manager Jason Bickling Community Development Director Courtney Bringhurst City Planner Selena Soto Planning Assistant Brenda Ballou City Clerk 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards - None B. City Administration Report C. Other Reports and Announcements - None D. Presentations - None 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 Resolution 2022-027, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Amend Portions of Seward City Code, 15.25 Floodplain Management, Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA)..........Page 4 This resolution had a public hearing on November 8, 2022, was postponed, and is coming back for a second public hearing and approval. 2. Resolution 2023-001, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Gateway Subdivision, Addition No. 2, Tracts C4, C5, C6 & C7, Tract C-4; Located at 2104 Olympia Road; Creating Gateway Subdivision, Hilltop Addition, Lots 1-3 & 8-72, Block 6 & Lots 17-35, Block 4 ...........................Page 31 3. Resolution 2023-002, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Approval of the Land Use Amendment to Rezone Proposed Gateway Subdivision, Hilltop Addition Lots 32-48, Block 6 & Lots 31-35, Block 4 from Single -Family Residential (R1) Zoning District to Two -Family Residential (R2) Zoning District and to Rezone Proposed Lots 17-30, Block 4, from Single -Family Residential (R1) Zoning District to Multi -Family (R3) ZoningDistrict...................................................................................................Page 44 4. Resolution 2023-003, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Jesse Lee Heights Subdivision, Lot 6 & 7, Block 1, Located at 206 & 208 Great Bear Circle; Moving the Interior Lot Line Further to the East to Resolve a Shed Encroachment Issue; Creating Jesse Lee Heights Great Bear Addition, Lots 6A & 7A, Block 1....................................................................Page 56 8. UNFINISHED BUSINESS A. Resolutions -None 9. NEW BUSINESS A. Resolutions -None B. Other New Business Items * 1. Approval of November 8th, 2022 Regular Meeting minutes ...........................Page 68 2. Set topic for January 24th work session 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. Reminder: January 24, 2023 regular Planning and Zoning Work Session at 6: 00pm in the Council Chambers, City Hall. B. Reminder: February 7, 2023 regular meeting at 7: 00 pm. 11. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZENS COMMENTS 13. ADJOURNMENT Planning and Zoning Agenda Statement Meeting Date: January 10, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2022-027: Recommending the City Council Amend Portions of Seward City Code; 15.25 Floodplain Management, Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA) Background and justification: On March 29, 2022, the City Council approved the Planning and Zoning Commissions priorities, one of which was to "make recommended updates to Title 15." The Floodplain Management section in Seward City Code was last reviewed and updated in 2016. The City of Seward has identified flood hazard areas that are subject to periodic inundation, which may result in loss of life and property. FEMA has created this model ordinance to help communities meet the minimum requirements of the National Flood Insurance Program (NFIP), and to promote public health and safety, and minimize public and private losses during flooding. The Planning and Zoning Commission held a joint public work session with the Seward Bear Creek Flood Service Area Board on 10/17/2022 to discuss the recommended model ordinance from FEMA. On November 8, 2022, the Planning and Zoning Commission postponed Resolution 2022-027 to wait for further feedback from FEMA regarding the changes that had been proposed to the Seward City Code Title 15.25 Floodplain Management. Intent: To provide a recommendation to City Council to update Seward City Code Title 15 regarding Floodplain Management. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 2.2.8 — City Government "Continue to review and update the City code." Vol 1, Chapter 3.8.1.2 — "Protect citizens from natural hazards by using appropriate land use policies and regulations." Vol 1, Chapter 3.8.1.4 — "Mitigate flood hazards" Vol 1, Chapter 3.8.1.5 — "Control development on lands subject to risks from seismic activity, floods, steep slopes prone to erosion, avalanches, landslides, and saturated soils." Strategic Plan: "Mitigate flood hazards." Page 11 "Actively participate in the National Flood Insurance Program (NFIP)." Page 11 Recommendation Community Development Department staff recommends approval of Resolution 2022-027 recommending the City Council Amend Portions of Seward City Code; 15.25 Floodplain Management, Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA). Sponsored by: Staff Public Hearing: November 8, 2022 Postponed: November 8, 2022 Public Hearing: January 10, 2023 CITY OF SEWARD, ALASKA RESOLUTION 2022-027 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, RECOMMENDING THE CITY COUNCIL AMEND PORTIONS OF SEWARD CITY CODE; 15.25 FLOODPLAIN MANAGEMENT, ADOPTING RECOMMENDED LANGUAGE AND REGULATIONS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) WHEREAS, on March 29, 2022 the City Council approved the Planning and Zoning Commission's priorities one of which included, "Make recommended updates to Title 15"; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code; and WHEREAS, FEMA has created this model ordinance to help communities meet the minimum requirements of the National Flood Insurance Program (NFIP); and WHEREAS, the City of Seward has identified flood hazard areas that are subject to periodic inundation which may result in loss of life and property; and WHEREAS, it is the purpose of this updated Floodplain code to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding; and WHEREAS, the Planning and Zoning Commission held a joint public work session with the Seward Bear Creek Flood Service Area Board on 10/17/2022 to discuss the recommended model ordinance from FEMA. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2023-XXX attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This ordinance shall take effect immediately upon adoption. 6 PASSED AND APPROVED by the Seward Planning and Zoning Commission this IOth day of January, 2023. THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) Sponsored by: Bower Public Hearing: February XX, 2023 CITY OF SEWARD, ALASKA ORDINANCE 2023-XXX An Ordinance of the Seward City Council, Amending Seward City Code; 15.25 Floodplain Management, Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA) WHEREAS, on March 29, 2022 the City Council approved the Planning and Zoning Commission's priorities one of which included, "Make recommended updates to Title 15"; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code; and WHEREAS, FEMA has created this model ordinance to help communities meet the minimum requirements of the National Flood Insurance Program (NFIP); and WHEREAS, the City of Seward has identified flood hazard areas that are subject to periodic inundation which may result in loss of life and property; and WHEREAS, it is the purpose of this updated Floodplain code to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding; and WHEREAS, the Planning and Zoning Commission held a joint public work session with the Seward Bear Creek Flood Service Area Board on 10/17/2022 to discuss the recommended model ordinance from FEMA; and WHEREAS, on November 8, 2022 the Planning and Zoning Commission postponed Resolution 2022-027 to wait for further feedback from FEMA regarding the proposed changes to the Floodplain Code; and WHEREAS, on January 10, 2023 the Planning and Zoning Commission passed Resolution 2022-027 recommending City Council to approve this ordinance. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 15.10.226 is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 8 SECTION 15.25.010 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS A. STATUTORY AUTHORIZATION In AS 29, the Alaska State Legislature has delegated the responsibility to each community to adopt floodplain management regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the City of Seward, Alaska does ordain as follows: B. FINDINGS OF FACT 1. The flood hazard areas of the City of Seward are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. These flood losses may be caused by the cumulative effect of obstructions in flood hazard areas which increase flood heights and velocities and, when inadequately anchored, cause damage in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage, also contribute to flood loss. C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in flood hazard areas; 6. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding; 7. Notify potential buyers that the property is in a Special Flood Hazard Area 8. Notify those who occupy flood hazard areas that they assume responsibility for their actions; and 9. Participate in and maintain eligibility for flood insurance and disaster relief. D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions to: 1. Restrict or prohibit development which is dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities; 2. Require that development vulnerable to floods, including facilities, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; 4. Control filling, grading, dredging, and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters, or which may increase flood hazards in other areas. 10 SECTION 15.25.020 DEFINITIONS Alluvial fan. A geomorphologic feature characterized by a cone or fan -shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. Appurtenant structure. A structure that is on the same parcel of property as a principal structure, the use of which is incidental to the use of the principal structure. Area of shallow flooding. A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard. The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, Al-30, AE, A99, AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard". Base flood. The flood having a one percent chance of being equaled or exceeded in any given year. Base flood elevation (BFE). The elevation to which floodwater is anticipated to rise during the base flood. Basement. Any area of the building having its floor sub -grade - i.e., below ground level - on all sides. Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Building. See "Structure." Coastal high hazard area. An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Elevation certificate. An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F). is Federal Emergency Management Agency. The agency responsible for administration of the National Flood Insurance Program. Flood or Flooding. (a) A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. (b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition. Flood elevation study. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood -related erosion hazards. Flood Insurance Rate Map (FIRM). The official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Flood Insurance Study (FIS). See "Flood elevation study". Floodplain or flood -prone area. Any land area susceptible to being inundated by water from any source. See "Flood or flooding." Floodplain administrator. The community official designated by title to administer and enforce the floodplain management regulations. Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations. Floodplain management regulations. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. im Flood proofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as "Regulatory Floodway." Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure. Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior or b. Directly by the Secretary of the Interior in states without approved programs. Levee. A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. Levee system. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Lowest floor. The lowest floor of the lowest enclosed area (including "Basement"). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built 13 so as to render the structure in violation of the applicable non -elevation design requirements of this ordinance. *Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." *Not allowed within City limits Mean sea level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced. New construction. " . For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. One -hundred -year flood or 100-year flood. See "Base flood." Reasonably Safe from Flooding. Development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, reasonably safe from flooding means that the lowest floor is at least two feet above the Highest Adjacent Grade. Recreational vehicle. A vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light -duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory floodway. See "Floodway". Sheet flow area. See "Area of shallow flooding". Special Flood Hazard Area (SFHA). See "Area of special flood hazard". Start of construction. Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the 14 placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure, "provided that the alteration will not preclude the structure's continued designation as a "historic structure. " ** Variance. A grant of relief by the City of Seward from the terms of a flood plain management regulation. Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Water surface elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverme areas. * * Per FEMA P-467-2 (May 2008) Floodplain Management Bulletin Historic Structures and FEMA P-993 (July 2014) Floodplain Management Bulletin Variances and the National Flood Insurance Program, communities have the option of using either the Substantial Improvement Definition exclusion or the Variance criteria per 44CFR 60.6(a) to regulate Historic Structures. W SECTION 15.25.030 GENERAL PROVISIONS A. LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all special flood hazard areas within the boundaries of the City of Seward, Alaska. B. BASIS FOR ESTABLISHING SPECIAL FLOOD HAZARD AREAS The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report titled "The Flood Insurance Study (FIS) for the Kenai Peninsula Borough, Alaska and Incorporated Areas (City of Seward)" dated September 27, 2013 and October 20, 2016, with accompanying Flood Insurance Rate Maps (FIRMS) dated September 27, 2013 and October 20, 2016, are hereby adopted by reference and declared to be a part of this ordinance. The FIS and FIRM panels are available for viewing at the Public Works building. C. COMPLIANCE All development within special flood hazard areas is subject to the terms of this ordinance and other applicable regulations. D. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted understate statutes. F. PENALTIES FOR NON-COMPLIANCE Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall be subject to a fine as set by the City Council. Nothing herein contained shall prevent the City of Seward from taking such other lawful action as is necessary to prevent or remedy any violation. G. DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance Ike does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Seward, any officer or employee thereof, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. H. SEVERABILITY This ordinance and the various parts thereof are hereby declared to be severable. Should any Section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the Section so declared to be unconstitutional or invalid. 17 SECTION 15.25.040 ADMINISTRATION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The City Manager or their designee is hereby appointed to administer, implement and enforce this ordinance by granting or denying development permits in accordance with its provisions. The Floodplain Administrator may delegate authority to implement these provisions. B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties of the Floodplain Administrator shall include, but not be limited to PERMIT REVIEW Review all development permits to determine that: a. The permit requirements of this ordinance have been satisfied; b. All other required state and federal permits have been obtained; c. The site is reasonably safe from flooding; d. In areas where a floodway has not been designated, require that no new construction, substantial improvements or other development (including fill) shall be permitted within Zones Al-30 and AE unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. USE OF OTHER BASE FLOOD DATA When Base Flood Elevation data has not been provided in accordance with Section 15.25.030(B), the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation data available from a federal, state or other source, in order to administer Section 15.25.050. Any such information shall be consistent with the requirements of the Federal Insurance Administrator. 3. OBTAIN AND MAINTAIN FOR PUBLIC INSPECTION Obtain and maintain the following for public inspection and make available as needed: a. Certification required by Section 15.25.050(A)(3)(a) (lowest floor elevations for all structures, bottom of the lowest horizontal structural member (if applicable), and service facilities/mechanical equipment); b. Certification required by Section 15.25.050(A)(3)(b) (lowest floor elevations or floodproofing of non-residential structures and service facilities/mechanical equipment); 18 c. Certification required by Section 15.25.050(A)(3)(d) (engineered flood openings); d. Certification required by Section 15.25.050(F)(1) (floodway encroachments); e. Records of all variance actions, including justification for their issuance; f. Improvement and damage calculations. 4. NOTIFICATION TO OTHER ENTITIES a. Whenever a watercourse is to be altered or relocated, notify adjacent communities and the State Coordinating Office prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means, and assure that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. b. Base Flood Elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. c. Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. 5. REMEDIAL ACTIONS Take actions on violations of this ordinance as required in Section 15.25.030(F) herein. r ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before construction or development begins ifieltAiiig rlaeeme t of w., r„ f etti e h me-s, within any Special Flood Hazard Area established in Section 15.25.030(B). Application for a Development Permit may be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required: (1) - For A Zones (A, Al-30, AE, AH, AO): a. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures. In Zone AO, elevation of existing highest adjacent grade and proposed elevation of lowest floor of all structures; 19 b. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed; Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria in Section 15.25.050(A)(3)(b); and d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (2) - For V Zones (VE, V1-30 and V): a. Proposed elevation in relation to mean sea level of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all structures, and whether such structures contain a basement; b. Base Flood Elevation data for subdivision proposals or other development, including manufactured home parks or subdivisions, greater than 50 lots or 5 acres, whichever is the lesser; and c. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. D. ISSUING A DEVELOPMENT PERMIT 1. Upon determination that the submitted and recorded information connected with the permit application meets the terms of this chapter, the administrative official shall issue a floodplain development permit to the original applicant. 2. If the project involves the construction of a residential structure in a special flood hazard area, the planning department floodplain management office will issue an initial permit based on the building plans in the application. A final permit will be issued after the applicant submits an elevation certificate and floodplain management staff determines that the building is in compliance with all floodplain regulations. 3. The floodplain development permit shall be valid until the expiration date provided that the start of construction occurs within 180 days of the permit issue date. If construction does not begin within this time period, the permit will expire 180 days from the issue date. The floodplain administrator shall be notified at least three days prior to start of construction for possible site inspection and notice -to -proceed. 4. The flood plain permit shall be valid for the extent of the project for which it was issued. 5. The floodplain development permit is not assignable without permission from the administrator. 6. The City may charge fees for permits and variances. Fees shall be established by resolution of the City Council to be paid by the applicant at the time that the floodplain development permit application is submitted. 49 SECTION 15.25.050 PROVISIONS FOR FLOOD HAZARD REDUCTION A. STANDARDS OF CONSTRUCTION In all special flood hazard areas, the following standards are required: 1. Alteration of Watercourses a. The flood carrying capacity within the altered or relocated portion of said watercourse must be maintained; and b. Maintenance must be provided within the altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished; and c. Conditions as stated in 15.25.040(B)(3)(b) and 15.25.040(B)(3)(c) must be met. 2. Anchoring a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; and 3. Construction Materials and Methods a. All new construction and substantial improvements shall be constructed with materials resistant to flood damage; b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage; and c. All new construction and substantial improvement shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. Within Zones AH or AO, adequate drainage paths shall be constructed around structures on slopes to guide floodwaters around and away from proposed structures. Elevation and Floodnroofing a. Residential Construction (1) - For A Zones (A, AE, Al-30, AH, AO): Residential construction, new or substantial improvement, shall have the lowest floor, including basement, elevated to or above the Base Flood Elevation. Q In a Zone AO, the Base Flood Elevation is determined from the FIRM panel as the depth number specified. If no depth is specified, the required elevation is at minimum two (2) feet above highest adjacent grade. ii. In a Zone A where the Base Flood Elevation has not been determined, the Base Flood Elevation is determined locally by the criteria set out in Section 15.25.040(B)(2). A minimum of 2 feet above highest adjacent grade may result in a lower insurance premium. in In Zones AE, AI-30, and AH, the Base Flood Elevation is determined from the FIS and/or FIRM. iv. A garage attached to a residential structure, constructed with the garage floor slab below the Base Flood Elevation, must be designed to allow for the automatic entry and exit of flood waters. See Section 15.25.050(A)(3)(d). Upon completion of the structure, certification by a registered professional engineer or surveyor that the elevation requirements of the lowest floor, including basement, of this section have been satisfied shall be provided to the Floodplain Administrator for verification. (2) - For V Zones (VE, V1-30 and V): Residential construction, new or substantial improvement, shall: Be located landward of the reach of mean high tide; ii. Have the bottom of the lowest structural member of the lowest floor (excluding pilings and columns), elevated to or above the Base Flood Elevation; iii. Have the pile or column foundation and structure attached thereto be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. Construction of structures with timber piling, posts, or piers as the sole structural support, is prohibited except for docks, wharves, and other engineered stand-alone structures expressly approved by the building official in accordance with the International Building Code as adopted by the city. iv. Have the space below the lowest floor, usable solely for parking of vehicles, building access, or storage, either free of obstruction or constructed with non -supporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot; V. Prohibit the use of fill for structural support of buildings; and vi. Prohibit man-made alteration of sand dunes and mangrove stands. M A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Section. Upon completion of construction, certification by a registered professional engineer or architect that these design standards have been satisfied, and certification by a registered professional engineer or surveyor that the elevation requirements of the bottom of the lowest structural member of the lowest floor, excluding pilings and columns, of this section have been satisfied shall be provided to the Floodplain Administrator for verification. b. Non-residential Construction For A Zones (A, AE, Al-30, AH, AO): Non-residential construction, new or substantial improvement, shall have the lowest floor either elevated to conform with Section 15.25.050(A)(3)(a) subsections (i), (ii) or (iii) as appropriate, Or, together with attendant utility and sanitary facilities, i. Be floodproofed below the elevation recommended under Section 15.25.050(A)(3)(a) subsections (i), (ii) or (iii) as appropriate so that the structure is watertight with walls substantially impermeable to the passage of water; and ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. iii. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice meeting the provisions listed above. Upon completion of the structure, certification by a registered professional engineer or surveyor that the elevation requirements of the lowest floor, including basement, of this section have been satisfied shall be provided to the Floodplain Administrator for verification; or certification by a registered professional engineer or architect that the floodproofing design of this section is satisfied, including the specific elevation in relation to mean sea level to which such structures are floodproofed, shall be provided to the Floodplain Administrator for verification. For V Zones (VE, V1-30, V): Floodproofing of non-residential structures is prohibited. All structures must be elevated and constructed according to the requirements set forth in Section 15.25.050(A)(3)(a). c. Appurtenant Structures (Detached Garages & Storage Structures) For A Zones (A, AE, Al-30, AH, AO): 23 Appurtenant structures used solely for parking of vehicles or storage may be constructed such that the floor is below the Base Flood Elevation, provided the structure is designed and constructed in accordance with the following requirements: Use of the appurtenant structure must be limited to parking of vehicles or storage; ii. The portions of the appurtenant structure located below the Base Flood Elevation must be built using flood resistant materials; iii. The appurtenant structure must be adequately anchored to prevent flotation, collapse and lateral movement; iv. Any machinery or equipment servicing the appurtenant structure must be elevated or floodproofed to or above the Base Flood Elevation; V. The appurtenant structure must comply with floodway encroachment provisions in 15.25.050(F); and vi. The appurtenant structure must be designed to allow for the automatic entry and exit of flood waters in accordance with Section 15.25.050(A)(3)(d). Detached garages, storage structures and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 15.25.050(A)(3)(a) subsections (i), (ii) or (iii) as appropriate. Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the Floodplain Administrator for verification. For V Zones (VE, V1-30 and V): Floodproofing of non-residential structures is prohibited. All structures must be elevated and constructed according to the requirements set forth in Section 15.25.050(A)(3)(a). d. Flood Openings All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs for meeting this requirement must meet or exceed the following criteria: For non -engineered openings: Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; ii. The bottom of all openings shall be no higher than one foot above grade; iii. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwater. Alternatively, a registered engineer or architect may design and certify engineered openings. 24 Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the Floodplain Administrator for verification. B. STANDARDS FOR STORAGE OF MATERIALS AND EQUIPMENT 1. The storage or processing of materials that could be injurious to human, animal or plant life if released due to damage from flooding is prohibited in special flood hazard areas. 2. Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning C. STANDARDS FOR WATER SUPPLY AND WASTE DISPOSAL SYSTEMS All new or replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. 2. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. DEVELOPMENT PROPOSALS All new development proposals, including subdivisions and manufactured home parks, shall: 1. Be consistent with the need to minimize flood damage; 2. Have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; and 3. Provide adequate drainage to reduce exposure to flood hazards. 4. Include Base Flood Elevation data for all proposals greater than 50 lots or 5 acres, whichever is the lesser. ------------s Y. W `V E. STANDARDS FOR RECREATIONAL VEHICLES All recreational vehicles placed on site shall: 1. Be on site for fewer than 180 consecutive days, 2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or Meet the permit requirements of Section 15.25.040 of this ordinance and the applicable elevation and anchoring requirements. Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors. The recreational vehicle must also be elevated on a permanent foundation such that the lowest floor of the vehicle is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movement. These requirements are in addition to applicable State and local anchoring requirements for resisting wind forces. FLOODWAYS Located within the special flood hazard areas established in Section 15.25.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge; 2. If Section 15.25.050(F)(1) is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Section 15.25.050. 3. Encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations may be permitted, provided that the applicant first applies for and fulfills the requirements for a Conditional Letter of Map Revision (CLOMR), and receives approval from the Federal Insurance Administrator to revise the FIRM and FIS in accordance with Section 15.25.040(B)(4)(b). 27 SECTION 15.25.060 VARIANCE PROCEDURE A. NATURE OF VARIANCES The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or the property owners. It is the duty of the City of Seward to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the Base Flood Elevation are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. B. CONDITIONS FOR VARIANCES 1. Variances shall only be issued: a. Upon a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances; b. For the repair, rehabilitation or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure, ** c. Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, d. Upon a showing of good and sufficient cause; e. Upon a determination that failure to grant the variance would result in exceptional hardship to the applicant; f. Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in Section 15.25.020 of this ordinance in the definition of "Functionally Dependent Use." * * Per FEMA P-467-2 (May 2008) Floodplain Management Bulletin Historic Structures and FEMA P-993 (July 2014) Floodplain Management Bulletin Variances and the National Flood Insurance Program, communities have the option of using either the Substantial Improvement Definition exclusion or the Variance criteria per 44CFR 60.6(a) to regulate Historic Structures. 28 2. Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result. 3. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the Base Flood Elevation, provided the procedures of Sections 15.25.040 and 15.25.050 of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. C. VARIANCE CRITERIA 1. In considering variance applications, the appeal board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: a. The danger that materials maybe swept onto other lands to the injury of others; b. The danger of life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage; g. The compatibility of the proposed use with existing and anticipated development; h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; i. The safety of access to the property in time of flood for ordinary and emergency vehicles; j . The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and, k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system and streets and bridges. 2. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: a. The issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and b. Such construction below the base flood elevation increases risks to life and property; and 29 3. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance. D. APPEAL PROCEDURE 1. Appeal board. a. The Seward Planning and Zoning Commission (commission) shall hear and decide appeals and requests for variances from the requirements of this chapter. b. The commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the administrative official in the enforcement or administration of this chapter. c. Those aggrieved by the decision of the commission, or any taxpayer, may appeal such decision to the City Council sitting as Board of Adjustment, as provided in AS 29.40.050. Section 2. This ordinance shall take effect immediately upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the XX day of XXXX, 2023. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 30 Planning and Zoning Agenda Statement Meeting Date: January 10, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2023-001: Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Gateway Subdivision, Addition No. 2, Tracts C4, C5, C6 & C7, Tract C-4; Located at 2104 Olympia Road; Creating Gateway Subdivision, Hilltop Addition, Lots 1-3 & 8-72, Block 6 and Lots 17-35, Block 4. Background and justification: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary replat submitted by Hilltop Properties LLC. This platting action will create Gateway Subdivision, Hilltop Addition, Lots 1-3 & 8-72, Block 6 and Lots 17-35, Block 4, by subdividing Gateway Subdivision, Addition No. 2, Tracts C4, C5, C6 & C7, Tract C-4, also known as 2104 Olympia Road. On November 28, 2022 the Seward City Council approved Resolution 2022-116 authorizing the City Manager to approve the Developer Reimbursement application for the Hilltop Properties improvement district which authorized an expenditure in the amount of $3,993,000 for water, sewer, and electrical improvements, roads, paving, and appropriating funds for the proposed subdivision to be located on Tract C-4 The proposed subdivision will create 87 new lots. Hilltop Properties LLC will be responsible to connect each of these lots to City water, sewer, electric, and roads. Exact specifications for the implementations of these public improvements will be detailed in a subdivision agreement between Hilltop Properties LLC and the City of Seward. Lots 18-29, Block 4 are being subdivided for Townhouses. Seward City Code 15.10.235(f) states that the minimum lot width for an individual townhouse is 12 feet. Lots 18-29 have a width greater than 12 feet. Seward City Code 15.10.235(d) states that not more than six contiguous townhouses shall be built in a row with the same or approximately the same front line. Lots 18-29 are broken up into groups of four (4) lots with two larger lots on each end to provide appropriate setback spacing between contiguous townhouses. All other requirements of Seward City Code 15.10.235 will be met before a building permit is issued. The remaining lots in the proposed subdivision meet the minimum lot size requirement of 6,000 square feet. All conditions required by Seward City Code §16.01.015, Conditions to plat approval, were met. The property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage In accordance with Borough requirements, the City must review and comment on a plat before 0i submittal to the Borough for approval. Subdivision Review: Z nin The property is zoned Single -Family Residential (R1). iz ; Tract C-4 is 21.3 acres. The proposed replat would create 87 new parcels ranging in lot size from 3,993 s.f. to 20,951 s.f. The lots smaller than 6,000 square feet are to be used for townhouses. The applicant will be responsible for connecting the subdivision to City water, sewer, electric, and roads. A subdivision agreement will be made between the applicant and the City to ensure that the public improvements are installed appropriately. Existing Use; The parcel is currently vacant land. Access" The proposed subdivision will be accessed primarily from Phoenix Road and Olympia Road. Three new 60' rights -of -way will be built with this subdivision. Two cul-de-sacs that have access onto Olympia Road, and an extension of Phoenix Road that will connect to the corner of Olympia Road and Afognak Ave. F/oodZone, According to the Kenai Peninsula Borough Floodplain map, the lots are not within a Flood Zone. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 3.2.1— "Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values." Vol 1, Chapter 3.3.1 — "Encourage development of new housing in Seward." Vol 1, Chapter 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." Vol 1, Chapter 3.7.1.3 — "Continue to upgrade and expand utilities to meet existing needs and encourage future development" Strategic Plan: Promote Residential and Commercial Development Inside the City (Page 9-10) • Encourage construction of residential and seasonal housing at all market levels • Develop infrastructure and utility expansion for currently undeveloped residential and commercial property • Reduce utility costs Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Kea Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department has received public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation Commission approve Resolution 2023-001, recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Replat of Gateway Subdivision, Addition No. 2, Tracts C4, C5, C6 & C7, Tract C-4; Located at Olympia Road; Creating Gateway Subdivision, Hilltop Addition, Lots 1-3 & 8- 72, Block 6 and Lots 17-35, Block 4. 33 Sponsored by: Applicant Public Hearing: January 10, 2023 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2023-001 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPLAT OF GATEWAY SUBDIVISION, ADDITION NO. 2, TRACTS C4, C5, C6 & C7, TRACT C-4; LOCATED AT 2104 OLYMPIA ROAD; CREATING GATEWAY SUBDIVISION, HILLTOP ADDITION, LOTS 1-3 & 8-72, BLOCK 6 AND LOTS 17-35, BLOCK 4. WHEREAS, Hilltop Properties LLC has submitted a preliminary replat to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, on November 28th, 2022, the City Council passed Resolution 2022-116 authorizing the City Manager to approve the Developer Reimbursement application for the Hilltop Properties improvement district which authorizing an expenditure in the amount of $3,993,000 for water, sewer, and electrical improvements, roads, paving, and appropriating funds for the proposed subdivision to be located on Tract C-4; and WHEREAS, the Tract C-4 is 21.3 acres and is zoned Single-family Residential (R1); and WHEREAS, this replat will subdivide Tract C-4, creating 87 new Lots; and WHEREAS, proposed Lots 18-29, Block 4 are being subdivided for Townhouses and exceed the minimum lot width requirement of 12 feet; and WHEREAS, only six (6) contiguous townhouses can be built in a row, and the townhouse lots are broken up into sections of four (4) contiguous townhouses, Lots 18-21, Lots 22-25, and Lots 26-29; and WHEREAS, the remaining lots meet the minimum lot size requirement of 6,000 square feet; and WHEREAS, the proposed subdivision is not located within a flood zone; and WHEREAS, a subdivision agreement has been required to satisfy Seward City Code § 16.01.010 — "Required public improvements"; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the property owners within 300 feet of the requested replat were notified of 34 the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The applicant is required to enter into a subdivision agreement with the City to meet the requirements of Seward City Code 16.05.010. Section 2. The Commission hereby recommends that, in accordance with Seward City Code Section 16.01.015 (B), the City Council and Kenai Peninsula Borough approve the submittal of the Replat of Gateway Subdivision, Addition No. 2, Tracts C4, C5, C6 & C7, Tract C-4; Located at 2104 Olympia Road; Creating Gateway Subdivision, Hilltop Addition, Lots 1-3 & 8-72, Block 6 and Lots 17-35, Block 4 Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this loth day of January, 2023. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair M 4M . u A r ra� fF Replat and Rezone of Gateway Subdivision, 2104 Olympia Road Addition No. 2, Tracts C4, C5, MC7, Drawn By: Selena Soto Tract C-4 N 0 105 210 420 Feet Due to different data sources property lines and aerial imagery do not overlay correctly. Mapping Assistance by Alaska Map Company, LLC Map is to be used for orientation and reference purposes only. 36 Community Development/ Planning & Zoning 410 Adams St, Seward, Alaska 99664 1(907) 224-4048 • i907i 224-4020 or email: planning (u)cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM F�J'PRELI MI NARY PLAT ❑ REVISED PRELIMINARY PLAT (no fee required) PHASED PRELIMINARY PLAT❑ PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed. PROPERTY INFORMATION: legal description T 1 N R 1 W SEC 33 SEWARD MERIDIAN SW 2013016 GATEWAY SUB ADDN NO 2 TRACT C-4" 2104 OLYMPIA RD Section, Township, Range Section 33 Township 1 North Range 1 West General area description Gateway City Seward Total Acreage 21.3 SURVEYOR Company: Se esser Surveys contact Person: John F. Se esser Mailing Address: 30485 Rosland St. City, State, Zip Soldotna AK 99669 Phone: 907-262-3909 e-mail: seggy(Wptialaska.net PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER on siteZCity WATER[:]on siteFtor]City SUBMITTAL REQUIREMENTS A preliminary Plat application will be scheduled for the next available Plannine and Zonine meetine after a complete application has been received. ❑Electronic file of Plat and Preliminary plat NON-REFUNDABLE submittal fee $75.00- OCertificate to plat for ALL parcels included in the subdivision ©Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) ❑ Public Notice Sign(s) Posted on property - City staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 1. 2. 3. APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individual(s) signing. Contact KPB staff for clarification if needed. OWNER(s) Name (printed): Joseph C. TOUgas Signature: Phone: 907-362-1900 e-mail: ca I st-marine,co Name (printed): Cole Petersen Signature: �rG(�!!/LQQi1i Phone: 907-362-1742 e-mail: Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED Receipt H 37 The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the following: 1, Within the title block: Not applicable The required to my plat. information has been shown/noted. a- Name of the subdivision which shall not be the same as an existing city, town, tract, or subdivision of land in the borough, of which a plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion; b. Legal description, location, date, and total area in acres of the proposed subdivision, and C. Name and address of owner(s), as shown on the KPB records and the certificate to plat, and registered land surveyor; 2. North point, 3. The location, width and name of existing or platted streets and public ways, railroad rights -of -way, and other important features such as section lines or political subdivisions or municipal corporation boundaries abutting the subdivision; 4. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation, township and range, section lines, roads, political boundaries, and prominent / natural and manmade features, such as shorelines or streams, V 5- All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, 1/ together with the purposes, conditions, or limitations of reservations that could affect the subdivision; 6. The names and widths of public streets and alleys and casements, / existing and proposed, within the subdivision; 7. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the f adjacent land is not subdivided; 8. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if applicable; 9. Approximate locations of areas subject to tidal inundation and the mean high water line; 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; 11- The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto f 12. Contours at suitable intervals when any roads are to be dedicated unless the planning director or commission finds evidence that road grades will not exceed 6 percent on arterial streets, and 10 percent V/ on other streets; 13, Approximate locations of slopes over 20 percent in grade and if contours are shown, the areas of the contours that exceed 20 / percent grade shall be clearly labeled as such; 14, Apparent encroachments, with a statement indicating how the / encroachments will be resolved prior to final plat approval Subdivision Name: Hilltop Date _ / Z/ 157.ZZ-b Z 2- 38 a F 1 w x w zo Q a - o¢ lz a �� o - q POW W a w ¢ 30 U - o= I I N N I I 0 ¢ N r I 00 m 0 U N Q O V I N p I~ O � � � r N _ ,f2'090 3_L9.SI.00N .99'LOG M.LV,9L005 1—ImT a� I s� m�IJl�ml c m8 p N II N / ¢a ryes I 3 o In o mrvoem 1y.95 ` O o0 J c0 O� �N� � N�nrgma6�6ro \ I O � � \ �NO O m y3 i g N y � � aKoQ met n N] \ p Jo \~ r0 .fifi'90Z 3.00.00.005 \ \ o M m \ p O 71 O \r JI d c \\ m \ 0 m m n � � a8R mmBuR 2 4 �nze Eo U Eax6 m fra N4E= o x "s Jl 56"�€2. 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J� fi E a�y 8254S.F. a u'Gg{ m �� I Lot 46 N. 4'13"W 133.39' �0�♦ \�� 1 365,9Lms �m8 o Lot 25 lb LOt 1 CI _ Lot 70 200S.F. 53355.F. \ 3•CS•HO.6GS 'og 96JOS.F. e — IOw]S.F. / - Lot 51 N89'44'13"W 121.00' u 589'4itYE 133.39' Lot 9 n 506'40' 6'W 133.52' I 1237 S.F. $ Lot 24 100398.E o Lot 47 N89'42WF 133.39' Gay 0(Ot J sSe� 3 m; Lot 71 SJJ'1�33W 16S $541 N$ J2009.F. oo m Lot w025.F3 Lot 8BS.By655 I 05 BS.F. 5° u H\ 9H N N89'44'I}'µ 120.00' N89'44'13'W 133.39' 10J82S.F. m •Sre 6 b 1a Lot9S 491 Lot 48 Lot 22 g 9. 0 E 5]35s.F. Lot 50 .�T�.v{. 9594S.F. o N89'44'U'W 133.39' F •�^m Lot 3 4S6Sry L0815.F. 2 94 \ 8454S.F. `" n LI2 Le L13 50335 F1 j_ Is 5a71s.F. �+E ♦q4�. G5"1 2 54 0 0 , N89'4LOtw20 ].29 W p �J 0] 08t\ t\ N6j 1H m N p 91 N89'44'9]'W F1]3.Ifi' 9 Lot 1 , o L9t W9p1F .a 902JF. N89'44'3'133.02' Lot 2 Lot01F8N 10905.F. 532. S94'130 7 3'E 1 Jf w - OV.la J 3n E Lot 17 E 3~m O / 7 .GO'94l MHS4 Z 6 4C8N / rn ON 1 MBS HN O N INJm I 4 3 a 10 CITY OF SEWARD RECEIPT # 45173 410 ADAMS STREET 12/09/2022 • PO BOX 167 SEWARD AK 99664 Received phone: (907) 224-4050 From Lookup Name Payment Tyne Check # Amounts 11122 COMMUNITY DEVELOPMENT Check 0000296 Due 75.00 Tendered 75.00 Change Due Description: PLAT REVIEW - HILLTOP Zoning Fees 75.00 to CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE C—.--�.��L�ur �� , upon oath, deposes and states. 13 That she is employed in the Community Development Office of the City of Seward, Alaska; and that on ��,,.��,, 2-o she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Gateway Subdivision, Addition No. 2, Tracts C4, CS, C6 & C7, Tract C- 4; physical address 2104 Olympia Road, as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this ;2o day of Pe«wtvw 2022. E,% 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 Gateway Subdivision, Addition No. 2, Tracts C4, C5, CG & C7, Tract C-4; physical address 2104 Olympia Road, the owners of which have petitioned for a Public Hearing to Subdivide Tract CA Creating Gateway Subdivision Hilltop Addition Lots 1-3 & 8-72 Block 6 & Lots 17-35 Block 4. The notice was posted on Z( St , which is 2.f 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 -M day of _Lkctm�a , 2022. C Signature 43 Planning and Zoning Agenda Statement Meeting Date: January 10, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2023-002: Recommending City Council Approval of the Land Use Amendment to Rezone Proposed Gateway Subdivision, Hilltop Addition Lots 32-48, Block 6 & Lots 31-35, Block 4, from a Single -Family Residential (R1) Zoning District to Two -Family Residential (R2) Zoning District; and to Rezone Proposed Lots 17-30, Block 4 from a Single -Family Residential (R1) Zoning District to Multi -Family Residential (R3) Zoning District Background and justification: Hilltop Properties LLC has submitted an application to rezone various lots in the proposed Gateway Subdivision, Hilltop Addition from Single -Family Residential to Two -Family Residential and Multi - Family Residential. The initiation for a land use amendment to rezone parts of the Gateway Subdivision, Hilltop Addition is by the petition of the majority of the property owners in the area to be amended. The total area to be amended exceeds the required one acre as specified in Seward City code 15.01.035(b)(3). Lots 17-30, Block 4 will be rezoned from Single -Family Residential (R1) to Multi -Family Residential (R3), maintaining continuity from the Multi -Family Residential (R3) zoning district directly adjacent to the south. Lots 31-35, Block 4 and Lots 32-48, Block 6 (across the street from Lots 31-35, Block 4) will be rezoned from Single -Family Residential (R1) to Two -Family Residential (R2) to provide an appropriate gradual transition from a higher density zoning district, R3, to a lower density zoning district, R1, to the north and west. Townhouses and other multi -family dwellings would be allowed to be built in an R3 zoning district with an approved Conditional Use Permit. Duplexes would be allowed outright in an R2 and R3 zoning district with a minimum lot size of 6,000 square feet. The public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 3.2.1— "Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values." Vol 1, Chapter 3.3.1 — "Encourage development of new housing in Seward." Vol 1, Chapter 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." Vol 1, Chapter 3.7.1.3 — "Continue to upgrade and expand utilities to meet 44 existing needs and encourage future development" Strategic Plan: Promote Residential and Commercial Development Inside the City (Page 9-10) • Encourage construction of residential and seasonal housing at all market levels • Develop infrastructure and utility expansion for currently undeveloped residential and commercial property • Reduce utility costs Other: N/A Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department has received public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation Commission approve Resolution 2022-022, recommending City Council approve amending the Land Use Plan and Rezone Proposed Gateway Subdivision, Hilltop Addition Lots 32-48, Block 6 & Lots 31- 35, Block 4, from a Single -Family Residential (R1) Zoning District to Two -Family Residential (R2) Zoning District; and to Rezone Proposed Lots 17-30, Block 4 from a Single -Family Residential (R1) Zoning District to Multi -Family Residential (R3) Zoning District. 261 Sponsored by: Applicant Public Hearing: January 10, 2023 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2023-002 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE LAND USE AMENDMENT TO REZONE PROPOSED GATEWAY SUBDIVISION, HILLTOP ADDITION LOTS 32-48, BLOCK 6 & LOTS 31-35, BLOCK 4, FROM A SINGLE-FAMILY RESIDENTIAL (RI) ZONING DISTRICT TO TWO-FAMILY RESIDENTIAL (R2) ZONING DISTRICT; AND TO REZONE PROPOSED LOTS 17-30, BLOCK 4 FROM A SINGLE-FAMILY RESIDENTIAL (RI) ZONING DISTRICT TO MULTI -FAMILY RESIDENTIAL (R3) ZONING DISTRICT WHEREAS, Hilltop Properties LLC has submitted a rezone application to the City of Seward for review and recommendation to the City Council; and WHEREAS, the majority of property owners in the area to be amended have petitioned to rezone various lots in the proposed Gateway Subdivision, Hilltop Addition; and WHEREAS, the total area to be amended exceeds the required one acre as specified in Seward City code §15.01.035(b)(3); and WHEREAS, the proposed Land Use Amendment would rezone proposed Lots 17-30, Block 4 from Single -Family Residential (R1) to Multi -Family Residential (R3); and WHEREAS, proposed Lots 17-30 are directly adjacent to an existing Multi -Family Residential zoning district; and WHEREAS, the future use of proposed Lots 18-29 is for townhouses, which would be allowed in an R3 zoning district with an approved Conditional Use Permit; and WHEREAS, the proposed Land Use Amendment would rezone proposed Lots 31-35, Block 4 and Lots 32-48, Block 6 from Single -Family Residential (R1) to Two -Family Residential (R2); and WHEREAS, proposed Lots 32-48, Block 6 are directly across the street from Lots 17-35, Block 4, thus providing an appropriating transition from a higher density zoning district, R3, to a lower density zoning district, R2; and t WHEREAS, Duplexes are allowed outright in an R2 zoning district with a minimum lot size of 6,000 square feet; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed zoning change and recommends Resolution 2023-002 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 loth day of January, 2023. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair 47 4M I . u A r ra� fF Replat and Rezone of Gateway Subdivision, 2104 Olympia Road Addition No. 2, Tracts C4, C5, MC7, Drawn By: Selena Soto Tract C-4 N 0 105 210 420 Feet Due to different data sources property lines and aerial imagery do not overlay correctly. Mapping Assistance by Alaska Map Company, LLC Map is to be used for orientation and reference purposes only. 48 CITY OF SEWARD Community Development l0e.2II.I019 I�l:nirult ( ( il},OJ' i viurLncl LAND USE PLAN AMENDMENT - REZONING APPLICATION This completed application is to be submitted to the Community Development Department no later than six (6) 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. Petitioner: Hilltop Properties LLC Address: PO Box 825 Seward, AK 99664 Telephone Number: 907-362-1900 Email: joe@catalyst-marine.com Property Description Address: 2104 OLYMPIA RD 1-3 i a- 7z ."3 SlAe K 6 Lot: 17 - 3S Block: t3 to ck y Subdivision: Gateway Subdivision - Hilltop Addition Size of subject area: 21.3 acres Number of parcels within subject area: 87 Additional Information Located in Historic Overlay District? Yes L] No K] Intended use and/or reason for rezoning: Subdivision of large lot to create housing to include 51 - R1 lots, 23 - R2 lots, and 13 - R3 lots. 12 of the R3 lots are designated for townhome development. Color Goaded change diagram attached lock 6 Ci Jock ots 1-31 and 49-72 remain R1, 32-48 and 31a-361 change to R2, 17f-30& change to R3 Does the proposed amendment comply with the Comprehensive Plan? Please list how below. Seward 2030 Comprehensive Plan Volume 1: baps: +++v+v.cilyofse+card.us:'home sho++docun7cnt"id=1705 Volume 11: hltps:+��+w.citvotseward.us'homc•'sho++docun�ent?id=17Q7 AR] Does the proposed amendment comply with the Historic Preservation Plan (skip if not within Historic Overlay District) NIA What is the effect of the zoning amendment on the property owners and on the community at large? Complies with city code 3.3.1.1 to support a range of housing choices that meet the needs of people in various income and age groups. This partial rezone creates properties for housing development needed to supply long term resident housing within the City of Seward limits. I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge. I understand that this item will be scheduled for action only if all application materials are submitted not less than six (6) 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: �ou� Enclosed: $300 Payment ( ) Map of the subject area ( ) Other: ( ) A map is required to accompany this application. Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE of $300.00 (payable to the City of Seward) to the Community Development Office. Please mark the method through which this Rezone application is being initiated: (SCC 15.01.035 (b)) ( ) By the City Council on its own motion; ( ) By the commission on its own motion; ( ) *By petition of a majority of the property owners in the area to be amended; ( ) *By petition bearing the signatures of 50 registered voters within the City; or ( ) *By petition as provided by the home rule charter of the City. *If the initiated method was through petition, please include the signatures on the page provided or additional pages if needed. Signatures of property owners of the proposed rezone area: Address: 2104 OLYMPIA RD SIGNATURE: PRINTED NAME: Joseph C.Tougas Cole Petersen DATE: 12/8/22 12/8/22 62 7- ~ G Lot 32 9929SF. _ 90568.F. \ H Lot 30'$ w Lost 33 / 9929SF. p0 00 a \ 4;4 5,a g5 3Of'.4yzS .yoe•a Lot 5` r" 5.�-si°'1"E °� '4'-'m t? °29, �Lot 34 �y°° .. N6 4m,a \ 0160S.F. Lot 28.�sH e "� s °° �° 00<�'°O Lot 35 7 73S.F. a �. 30 8160s.F Lot 61 ,sW / . 0' Lot 27 �s6 s m Lot 60 ° Lot d e 605F / nooS.F. �O' Lot 62 22525. 12S y5 O p + \ Lot 37 N j j� Qla� W •<S �0D, ° CD AA 81605F+ \. e 19S Lot 26SS 569�11 5�0" J _a306E m LOi of 3 941,E eqy, A 20951S f. Cas < `'�1 Lot 58 d�`S O°O 9 Lot 39 S oe,� Q Lot 34 Af' '2F.4 �ZZ( Lt 11214SF a''' a�. � sw°4 �s' 104305.F. ms6ss.F. 22426S.ot 3N M1ry� C` 3i o \\ 4;W N'1T51.30E 12tl 3e co "B�6gS Lot 64° D' s6r2s'ze•w 95408.F. N Lot 57 e1 JI .1f U! M,00,00.0fiN �r G .W °� 4018s.F. ei 16}' "$"f mot 40 J Lot 33 Or<` Syn Y J Lot 15 OW j0t 10192s. F. 10496ST n ,� ssl Lot 23 4 Lot 65 o S89-44'13'E 133.39- 1,4665E �� 15031S.F. 8800SF. 0p Y Lot 56 Lot 41 0. h V Lot 16N tia'" 15557S.F n $ :� g Lot 32 $ ,<<OZ1 M•00.00.06N 13531SF. •� Lot 14 y U $" a 80M.F. 889'44'13"E 133, 39' C29 F 'lay, Lot 66 t41.8a \ n69.44.13•w 120.05• O o n tt660SF. J 1 583'}2'03•W 91885.F. ^ c o ry Lot 22 6 he J 116.55 122•w n 9Z'O3S4L ° 80 g2� I 0D g Lot 42 _ Lot 31 8 10657SF, 5)T0 8 q ZZBS o 3 W,gi.6g o N Lot 55 I 7200SF. m .N tl 00035.E Lot 13 89)4SF. n N89'N'13"W 120.00' N o 589'44'13•E 133.39' 8 Lot '0 LOl M•00,0006N. Lot 17 gl 88008.F. 3. as rk Lot 67 I 99'Csl 399BtL9S 8o Lot 43 g 0. O m a 924os.F <a'42t 3fi084Z85 �� 109025 F. 1 g 72oo�r. C �� fioo3sr. 00 OII 3SS ZZZB ` 3 Lot 12 Lot 21 =' S "' 00'SZI 34SB128S Rtl m Lot 54 U ;_� 6854S.F. N69'44'13•W 120.00' n a S89'44.13"E 133.39- Lot 29 y^ 05265.F. n ^I n 74905£ gg wl O OB'1Z1 Los68 31 a BY{SI 3js B4ZB5 8wo Lot 44 72005E �� ^ n$Y S.SSF. 11 N09'LOt W2833.39 u 9S 6S Lot 18 34S B4Z98 u°i 0$ 30 0 Lit 53 3 3 J ,56"E 11)945.F. Nj14 Lot 20.f I Lot 11 3 005Z1 39 984LB9 - 9323SF. �� N-44'13"W 12000' : r ap025.F. N89Y4'13'W 133.1W o oo2Sl u �" h es27s.F. -.FP 7499s.F. go Lot 69 yl fiz'csl 9s94Le9- 8"S Lot 45 „$ ro 11'921 )5009.F. 8 I J2005F. N09'44'13'W ,33.39 o L.3526 2 .- - 161' '0 o N 00 CZ1 39S L9o79t Lot 10 . 8254SF, 2aS F. ayu 11 Lot 46 NB9'44'13•W 133.39' 3sFLot s� 70 200SF Lot 19 04635.E / 4 e 9670SF U Lot 51 n68'H'1J'W ,20.00 _U i 589'4 '13'E 13 3.39 g Lot 24 Lot 9 12.J78SF. 588'40'S6'W 133.52' OJ99.F. n \ Vti u °21 gyS92 m3 $ 163.8541 Lot 47 - 7200SF cozs F- NB9'44'13'W 133.J9' 8m Lot 23 o Ft LOt 71 i snyi 33•W U +'£6 CS '6� ? Lot 8 .� ss > \ mersF. o •gz. $ �'N tO548SF. rv1 60 E 1a J\ ge ))98 F ,; Lot 49, ))295.F. N89'4a'13"W 120.00' L�945.4U N89'H'134W 33.39' n s s°aass F` s N89'N'13"W 133.39' Ge O6' g4 Z<S N6?26� 4+s Lot SQ W „Fl 53355. F. µOJ 211} b 4 .. Lot 72 \ 6455Em Lt2�i3q 'ia n �° Lot 3 S V �. 3< <,{•. 2 154)1S.F. 81819.F. C 1' N G51 �f N90'0000 E )5.00 ° 5 S N09 w J.29' Lot 20 0] O « W J J i3 3 m .<D71< Nfi228 Lot 1 010 J 0 _ 11175. F.33.ifi 489'44'13'W 1 8 � l 119 N89'44'13"W F133.02' n Oa / NJ SS S9 £9.9BS m 902)S.F. �m Lot 18 a oS. G. Lot 2 � m 109905F. C y � 6 9 589'44'13'E 1]3.21' u 8 43 F 1 }535.. � `o / N S41,C9N .ZS'5ro1 MBS etcaN / / O O I s / Nam _o N 0 CITY OF SEWARD RECEIPT # 45172 410 ADAMS STREET 12/09/2022 • PO BOX 167 SEWARD AK 99664 Received IN phone: (907) 224-4050 From Lookup Name Payment Type Check # Amounts 11122 COMMUNITY DEVELOPMENT Check 0000296 Due 300.00 Tendered 300.00 Change Due Description REZONE FEE - HILLTOP Zoning Fees 300.00 53 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE C—.--�.��L�ur �� , upon oath, deposes and states. 13 That she is employed in the Community Development Office of the City of Seward, Alaska; and that on ��,,.��,, 2-o she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Gateway Subdivision, Addition No. 2, Tracts C4, CS, C6 & C7, Tract C- 4; physical address 2104 Olympia Road, as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this ;2o day of Pe«wtvw 2022. 54 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 Gateway Subdivision, Addition No. 2, Tracts C4, CS, C6 & C7, Tract C-4; physical address 2104 Olympia Road, the owners of which have petitioned for a Public Hearing for a Land Use Amendment to Rezone the proposed Gateway_ Subdivision, Hilltop Addition Lots 32-48, Block 6 & Lots 31-35, Block 4 from Single -Family Residential(RI) Zoning District to Two -Family Residential R2 Zoning District and proposed Lots 17-3L Block 4 from Single -Family Residential R1 Zoning District to Multi -Family Residential R3 Zoning District. The notice was posted on Decev,,, 6,L ,- Zc s fi , which is 2-1 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 -ZL day of , 2022. Signature 611 Planning and Zoning Agenda Statement Meeting Date: January 10, 2023 To: Planning and Zoning Commission Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2023-003: Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Jesse Lee Heights Subdivision, Lots 6 & 7, Block 1, Located at 206 & 208 Great Bear Circle; Moving the Interior Lot Line Further to the East to Resolve a shed Encroachment Issue; Creating Jesse Lee Heights Great Bear Addition, Lots 6A & 7A, Block 1. Background and justification: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary replat submitted by Scott Wilde and James Hunt. This platting action is proposed in order to adjust the lot line between 206 & 208 Great Bear Circle. The lot line will be moved further to the east, allocating more land to 206 Great Bear Circle to resolve an encroachment issue of a shed that was placed on the edge of 208 Great Bear Circle. This platting action does not create any new parcels of land. Lot 6 will increase by approximately 1,893 square feet and become known as Lot 6A, Block 1, Jesse Lee Heights Great Bear Addition. Lot 7 will decrease in size and become known as Lot 7A, Block 1, Jesse Lee Heights Great Bear Addition. Both of these lots are currently connected to City water, sewer, electric, and road. Public posting and notification requirements as specified in §16.01.015(c)(d)(e) have been completed. In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. Subdivision Review: ZoninThe property is zoned Single -Family Residential (R1). Size: Lot 6A will be 21,023 s.f. and Lot 7A will be 18,335 s.f. (Required: Minimum of 6,000 s.f) Utilities: The lots currently have access to water, sewer, and electric. Existing Use Both parcels contain a single-family dwelling. Access: Primary access to the two lots will continue to be from Great Bear Circle. Flood Zone: According to the Kenai Peninsula Borough Floodplain map, the lots are not within a Flood Zone. 6'11 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: N/A Strategic Plan: N/A Other: Seward City Code 7.05.515 — This platting action resolves an existing encroachment issue, which brings Lot 6 into compliance with §7.05.515 Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department has not received public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation Commission approve Resolution 2023-003, recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Jesse Lee Heights Subdivision, Lots 6 & 7, Block 1, Located at 206 & 208 Great Bear Circle; Moving the Interior Lot Line Further to the East to Resolve a shed Encroachment Issue; Creating Jesse Lee Heights Great Bear Addition, Lots 6A & 7A, Block 1. 57 Sponsored by: Applicant Public Hearing: January 10, 2023 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2023-003 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPLAT OF JESSE LEE HEIGHTS SUBDIVISION, LOTS 6 & 7, BLOCK 1, LOCATED AT 206 & 208 GREAT BEAR CIRCLE; MOVING THE INTERIOR LOT LINE FURTHER TO THE EAST TO RESOLVE A SHED ENCROACHMENT ISSUE; CREATING JESSE LEE HEIGHTS GREAT BEAR ADDITION, LOTS 6A & 7A, BLOCK 1. WHEREAS, Scott Wilde and James Hunt have submitted a preliminary replat to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, this replat does not create any new parcels and the intent of the platting action is to correct an encroachment issue of a shed located on Lot 7 that is owned by the property owner of Lot 6; and WHEREAS, Lot 6 will increase in size and become known as Lot 6A and Lot 7 will decrease in size and become known as Lot 7A; and WHEREAS, the parcels are zoned Single -Family Residential (R1); and WHEREAS, the parcels are each larger than the minimum requirement of 6,000 square feet; and WHEREAS, each of the subdivided parcels currently have access to a platted 60-foot public right of way; and WHEREAS, each of the subdivided parcels currently have access to water, sewer, and electric; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals. 58 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission hereby recommends that, in accordance with Seward City Code Section 16.01.015 (B), the Kenai Peninsula Borough approve the submittal of the Replat of Jesse Lee Heights Subdivision, Lots 6 & 7, Block 1; Located at 206 & 208 Great Bear Circle; Creating Jesse Lee Heights Great Bear Addition, Lots 6A & 7A, Block 1. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this loth day of January, 2023. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clare Sullivan, Chair 59 LIJ lk. J CO y. BE, low Preliminary Replat of Jesse Lee Heights 206 & 208 Great Bear Circle Subdivision, Lot 6 & 7, Block 1; Creating Drawn By: Selena Soto Jesse Lee Heights Great Bear Addition, Lots 6A N 0 25 50 100 Feet & 7A, Block 1 to Resolve an Encroachment Issue Due to different data sources property lines and aerial imagery do not overlay correctly. Mapping Assistance by Alaska Map Company, LLC Map is to be used for orientation and reference purposes only. 60 Community Development/ Planning & Zoning 410 Adams St, Seward, Alaska 99664 • (907) 224-4048 • (907) 224-4020 -� or email: planning@cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM '[PRELIMINARY PLAT ❑ REVISED PRELIMINARY PLAT (no fee required) F-JPHASED PRELIMINARY PLAT PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed. i =n� Ttt�i PROPERTY INFORMATION: legal description JESSE LEE HEIGHTS SUB LOT 6 & 7 BLK 1 Section, Township, Range T 1 N R 1 W SEC 34 SEWARD MERIDIAN SW 0000050 General area description Lotline between Lot 6 and 7 e .,, 6; City Seward I Total Acreage t� r' Lo A - SURVEYOR Company: LIng & Associates Inc Contact Person: Ken Lan Mailing Address: 11500 Daryl Ave City, State, zip Anchorage. AK 99515-0349 Phone: 907-522-6476 e-mail: ken(ZDIangsurvev.com PROPOSED WASTEWATER D WATER SUPPLY WASTEWATER[:] on site City WATERL]onsite[2(City 601� � T�IL'sf SUBMITTAL REQUIREMENTS A oreliminary plat anolication will be scheduled for the next available Planning and Zonine meetine after a complete a ilcation has been received. Electronic file of Plat and [Preliminary plat NON-REFUNDABLEsubmittal fee $75.00- ['Certificate to plat for ALL parcels included in the subdivision Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) o Public Notice Sign(s) Posted on property - City staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 1. 2. 3. APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individual(s) signing. Contact KPB stafffor clarification if needed. OWNER(s) Name (printed): Scotty Wilde Signattp ---"' Phone: 907-491-1108 1 e-mail: swildex ail.com Name (printed): fames Hunt Sign re: Phone: 907-202-2442 e-mail: CJ Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED Receipt # The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the following: 1. Within the title block: Not applicable The required to my plat. information has been shownlnated. a. Name of the subdivision which shall not be the same as an existing city, town, tract, or subdivision of land in the borough, of which a plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion; b. Legal description, location, date, and total area in acres of the f proposed subdivision; and c. Name and address of owner(s), as shown on the KPB records and the certificate to plat, and registered land / surveyor; J 2. North point; / 3. The location, width and name of existing or platted streets and public ways, railroad rights -of -way, and other important features such as section lines or political subdivisions or municipal / corporation boundaries abutting the subdivision; / 4. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation, township and range, section lines, roads, political boundaries, and prominent natural and manmade features, such as shorelines or streams; 5. All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds J for the use of all property owners in the proposed subdivision, together with the purposes, conditions, or limitations of reservations that could affect the subdivision; 6. The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision; 7. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the adjacent land is not subdivided; S. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if appkcable; 9. Approximate locations of areas subject to tidal inundation and the mean high water line; 10. Block and lot numbering approximate dimensions and total / numbers of proposed lots; 11, The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto I 12. Contours at suitable intervals when any roads are to be dedicated unless the planning director or commission finds evidence that road grades will not exceed 6 percent on arterial streets, and 10 percent on other streets; 13. Approximate locations of slopes over 20 percent in grade and if contours are shown, the areas of the contours that exceed 20 percent grade shall be clearly labeled as such; J 14. Apparent encroachments, with a statement indicating how the encroachments will be resolved prior to final plat approval Subdivision Name: f•" Date 62 Lang & Associates, Inc. Registered Professional Land Surveyors 11500 Daryl Avenue Anchorage, Alaska 99515-3049 (907) 522-6476 December 2, 2022 SENVARD PLANNING COMMISSION PLAT SUBMITTAL JESSE LEE HEIGHTS SUBDIVISION GREAT BEAR ADDITION This is a request to resubdivide 2 developed lots to resolve a shed encroachment issue. The new lots exceed the minimum required lot area for the residential zone. The parcels are served by public sewer, water and electric utilities. The plat does not dedicate any additional right-of-way. There are existing utility easements on the recorded plat. Please schedule this plat for consideration at the January meeting of the Seward Planning and Zoning Commission. Sincerely, Kenneth G. Lang, L.S. Petitioners Representative 63 N N a � N Z o Z ZN H O O NLW ooP.09hav"i �-.as i ao Z%y I=aY in v.2aom��gmZ Q °£ o oU94�?a�m —c-E WwMyOa- m° 'oa IJ m WoII o W o ISVlH NF—moNOMQ� N N n e a lY ( w n J Y LLd H w L] W w C W of P m 9 Ha ������ x uOq e cai x a m Qi Q --.. ii �a O ' con� c o E r < N N N uj v J O WEO O c H A J G cuC 9 Z U O Q o �i W — O :552, z �- D -j O o U m�cc I; x Q 0 I. o: v m `m C W i m- v ; O m= Q ° w U vo E o O INa3 Z �i 0 x 4p�b�aoo���a� Q `t S n u� -`S 4, n%`E oaoU IIII �NFON �o s „;mo m Scjp1p I�j\ ---1 W o m m a y o 0 n% E E10 o f `o in Sao`° I-A'OL i I m w U r 0 oL- a Z lil j_ Z o v� w \°> - ii� to IWv O I m U z ! \ Jr�r 31- i �o•os— o I IIII I �I c E c _ II Ya a - Z Z �, � � S W W m a o J Y I 0 _o d c _ a 'o p O Q 1 Of L I— ° C W J o m o d a E m° CITY OF SEWARD 410 ADAMS STREET PO BOX 167 SEWARD AK 99664 Phone: (907) 224-4060 Lookup Name 11122 COMMUNITY DEVELOPMENT Description: REPLAT FEE Zoning Fees Received From Payment Type Check 75.00 RECEIPT # 45107 12/o6/2022 Check # Amounts 0010633 Due 75.00 Tendered 75.00 Change Due M-1 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that one -2-� she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Jesse Lee Heights Subdivision, Lot 6 & 7, Block 1; Located at 206 & 208 Great Bear Circle as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this Io day of >u- 2022. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, �Cc�' �,� ►lc� 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 Jesse Lee Heights Subdivision, Lot 6 & 7, Block 1; physical address 206 & 208 Great Bear Circle, the owners of which have petitioned for a Public Hearing to move the interior lot line further to the east; Creating Jesse Lee Heights Great Bear Addition, Lots 6A & 7A, Block 1. The notice was posted on -D Et- -30 , which is la 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 _Z�-- day of , 2022. Signature 67 CALL TO ORDER The November 8, 2022 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:04 p.m. by Vice Chair Vanessa Verhey. OPENING CEREMONY Vanessa Verhey led the pledge of allegiance to the flag. ROLL CALL There were present: r aFe Stills a presiding, ing and Vanessa Verhey (presiding) Victoria Monaco Comprising a quorum of the Commission; and Nathaniel Charbonneau Br-enaa a et Sean Ulman Jason Bickling, Community Development Director Courtney Bringhurst, City Planner Selena Soto, Planning Technician Excused — Sullivan, Staggs, Hornseth Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Monaco) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the October 11, 2022 Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards — None City Administration Report. Community Development Director Jason Bickling updated the commission on the charette that was held for the future Public Works building. He also mentioned the current progress being made on short term rental language, the legislative 68 priorities guides, and the current GIS cemetery project. Other Reports and Announcements — None Presentations — None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2022-025, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Replat of Lot 4A-1 and Lot 41), Block 7, Fourth of July Creek Subdivision Seward Marine Industrial Center (SMIC), Raibow Replat, Creating Four Lots; Lot 4D-1, Lot 4A-2, Lot 4A-3, and Lot 4A-4; Vacating the West 5' Utility Easement of Lot 41), Block 7, Fourth of July Creek Subdivision SMIC, Raibow Replat, and East 5' Utility Easement of Lot 4A-1, Block 7, Fourth of July Creek Subdivision SMIC, Raibow Replat. Motion to Approve (Charbonneau/Ulman) Approve Resolution 2022-025 City Planner Courtney Bringhurst corrected from the packet that there were public comments received. Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, 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, inside the city, said that utility easements should be relocated if they were to be vacated especially in areas that were not yet served by utilities. All parcels created from the replat should have a five-foot utility easement added and those touching the roads should have at least a ten -foot easement. Griswold was also concerned about traffic patterns within this area and how they could be affected by moving vessels if the easements were not provided in the replat. She recommended changing proposed Lot 4A-4 into two parcels to be used for parking. She also recommended changing Sorrel Road to Healy Road to eliminate confusion for emergency services. Sam Lockwood, general manager of JAG, stated JAG employed 135 individuals this past year. By replatting these parcels, it would allow for a rail extension that would help keep the 135 employees and possibly would provide more work for additional employees. No one else appeared and the public hearing was closed. Charbonneau stated that he appreciated keeping the beach access from Sorrel Road. He agreed with Griswold on making Lot 4A-4 separate parcels for parking, but stated that this may be a future discussion. He commented on how the easements should be shifted over five feet if the lot lines were to be shifted over and did not understand why the replat did not relocate the utility easements. 69 Monaco agreed with Charbonneau's statement on why the utility easements were not to be relocated. Bickling stated he discussed the replat with City staff. The conclusion about relocating the utility easements was to wait until possible funding as utilities in the Seward Marine Industrial Center (SMIC) area was on the legislative priorities guide. Once the funding was in place, then the City would plan out the placement of utility easements within SMIC. Parking near proposed Lot 4A-4 was on the priorities for the commission to discuss a better parking plan for the quarry and Fourth of July Beach access. Verhey voiced concerns on proposed Lot 4A-2 and the travel lift access being cut off. Charbonneau responded Morris Avenue could be used as access. Verhey stated she agreed with Griswold on renaming a portion of Sorrel Road. Charbonneau suggested discussing the renaming of Sorrel Road in the future. Motion Passed Unanimous Resolution 2022-026, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Approval of the Land Use Amendment to Rezone Lot AT, Forest Acres Subdivision; Located at 2607 Dimond Blvd, from a Rural Residential (RR) Zoning District to Resource Management (RM) Zoning District. Motion to Approve (Charbonneau/Monaco) Approve Resolution 2022-026 Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, 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, inside the city, summarized the events since the postponement of Resolution 2021-015, which was a conditional use permit application by the same applicant to allow boat repair and a boat/RV storage business on the same lot. Resolution 2021-015 was postponed by the commission indefinitely, even though the structure had been built. Griswold stated that the commission was not provided with sufficient information to make an adequate decision on Resolution 2022-026, and mentioned how the applicant did not provide support for the rezone in the Comprehensive Plan, rather the rezone would be considered a spot zone. She mentioned that the lot showed a steep drop-off from adjacent homes to the south that are in a rural residential zone which could perhaps favor a rezone to resource management due to that drop-off. However, she stated that the commission needed to consider all of the facts of the application before making a decision. No one else appeared and the public hearing was closed. 70 Charbonneau stated that the proposed rezone does not support the Comprehensive Plan, and that the lot could have been used for potential homes. He agreed with Griswold that the area where the lot was located was steep and possibly not a good area for housing development. He stated that the area would be better for boat storage in case of possible flooding. Verhey stated that the zoning map showed the lots on the north side of the proposed rezone as resource management so the rezone would not necessarily be a spot zone. Motion Passed Unanimous Resolution 2022-027, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Amend Portions of Seward City Code, 15.25 Floodplain Management, Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA). Motion to Approve (Charbonneau/Monaco) Approve Resolution 2022-027 Bringhurst stated that the portion of code relating to floodplain development has not been updated since 2016. The Commission's joint work session held on October 17, 2022 with the Seward Bear Creek Flood Service Area reviewed the model ordinance sent by FEMA. After that work session, Bringhurst reached out to the City's FEMA representative to clarify a few points on the model ordinance. The FEMA representative has not responded yet so she recommended a postponement on Resolution 2022-027. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion to Postpone (Charbonneau/Ulman) Motion Passed UNFINISHED BUSINESS — None NEW BUSINESS Resolutions Postpone Resolution 2022-027 until FEMA representative responds to questions. Unanimous Resolution 2022-028, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Lots 5 & 6, Block 14, Original Townsite of Seward, Federal Addition, Vacating the Interior Lot Line and Creating One Lot to be known as, Lot 5A, Block 14, Original Townsite of Seward, Federal Addition, Saltwater Safari Replat. Motion to Approve (Charbonneau/Monaco) Approve Resolution 2022-028 VA Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Motion Passed Unanimous Other New Business Items Set topic for November 15, 2022 work session. Bickling stated that a lot of these topics have come up throughout the year and gave a quick review of each topic. The commission discussed the priorities and asked staff to pick a topic. Charbonneau mentioned he would like to see the Fourth of July Beach/Spring Creek campground parking addressed this winter. Discuss cancelling the December 20, 2022 work session. Charbonneau mentioned he would be here all December. Monaco stated she would be here as well. Bickling stated he would reach out to the other commissioners to see their availability for the work session. Discuss adjusting January meeting dates. Bickling suggested moving the January meeting dates back a week since the January 3, 2023 meeting was so close to a holiday. INFORMATIONAL ITEMS AND REPORTS Reminder: November 15, 2022 regular Planning and Zoning Work Session at 6: 00 p.m. in the Council Chambers, City Hall. Reminder: December 6, 2022 regular meeting at 7: 00 p.m. CITIZEN COMMENTS Carol Griswold, inside city limits, stated that she was pleased with some of the commissioners' findings with Resolution 2022-025 where the rezone would be a better fit to resource management as the elevation of that lot was lower. However, she was unhappy with the preliminary replats as the replats should contain more information. She stated that the commissioners should request for utility easements to be placed on the preliminary replats in order to plan for the future. VA COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Bringhurst thanked the commission for their time and efforts. Bickling also thanked the commission for their time, and also was looking forward to working through more Title 15 topics. Ulman thanked Vice Chair Verhey for running the meeting. Charbonneau thanked the administration for their packets, and thanked Griswold for all of her information and the time she has taken into presenting the information at the meetings. Verhey thanked administration. ADJOURNMENT The meeting was adjourned at 8:00 p.m. Selena Soto Planning Technician (City Seal) Vanessa Verhey Vice Chair 73