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Home My WebLink AboutORD2022-018 Rezone Groom Property Sponsored by: Bower 111 Introduction: December 12,2022 Public Hearing: January 9, 2023 Enactment: January 9, 2023 CITY OF SEWARD,ALASKA ORDINANCE 2022-018 AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING THE LAND USE PLAN TO REZONE LOT AT,FOREST ACRES SUBDIVISION, LOCATED AT 2607 DIMOND BLVD,FROM RURAL RESIDENTIAL(RR) ZONING DISTRICT TO RESOURCE MANAGEMENT (RM) ZONING DISTRICT WHEREAS, on November 8, 2022 the Planning and Zoning Commission approved Resolution 2022-026 recommending City Council approval of the Land Use Amendment to rezone proposed Lot AT, Forest Acres Subdivision, from Rural Residential (RR) to Resource Management(RM); and WHEREAS, Seward City Code §15.01.035(b)(3) allows the rezone of land less than one acre when the land is contiguous to the requested zoning district; and WHEREAS, the properties to the north and east of Lot AT are zoned Resource Management; and WHEREAS, Lot AT is at a similar elevation to the surrounding lots zoned Resource Management and thus susceptible to potential flooding; and WHEREAS,the applicant applied for a Conditional Use Permit(CUP)last year to use Lot AT for commercial boat repair, maintenance, and storage, and the Commission postponed his application due to the fact that the use was not allowed in the rural residential zoning district by the Land Use Table, but was not opposed by the Commission since it complemented the uses of the adjacent lots which were also being used for commercial boat repair,maintenance, and storage but were zoned resource management; and WHEREAS,as required by Title 15 of Seward City Code,public notice and public hearing procedures for amending zoning and land use district designations, all property owners within three hundred (300) feet were notified of the proposed zoning and land use change, and the property was posted with public notice signs. NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that: Section 1. The Seward City Council hereby authorizes the amendment of the official 111 Zoning Map of the City of Seward by amending the zoning designation of Lot AT, Forest Acres Subdivision,from Rural Residential (RR)Zoning District to Resource Management(RM)Zoning District. CITY OF SEWARD,ALASKA ORDINANCE 2022-018 Section 2.The Seward City Council further amends the official Land Use Map of the City of Seward by changing the land use designation of Lot AT, Forest Acres Subdivision, from Rural Residential (RR)Zoning District to Resource Management(RM)Zoning District. Section 3. This ordinance shall take effect ten(10)days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, the 9th day of January, 2023. THE CITY OF SEWARD, ALASKA G.LatiVCCIL‘e Sue McClure,Mayor AYES: Osenga, Calhoon, Finch, Barnwell, DeMoss, Wells, McClure NOES: None ABSENT: None ABSTAIN: None ATTEST: Brenda J. Ballo MMC City Clerk �ss��uunre,� .seA OF 3F,4�•�,. (City se' oAPoiti 1.p.% 4 SEAL • E i0 e.... r �®�O I\\p,,,,� City Council Agenda Statement Meeting Date: December 12, 2022 ► To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Director Agenda Item: Ordinance 2022-018: Amending the Land Use Plan to Rezone Lot AT, Forest Acres Subdivision; Located at 2607 Dimond Blvd, from Rural Residential (RR) Zoning District to Resource Management (RM) Zoning District Background and justification: Seward City Code §15.01.035(b)(3) allows the rezone of land less than one acre when the land is contiguous to the requested zoning district. The proposed rezone sits adjacent to a Resource Management Zoning District to the north and east. Lot AT, Forest Acres Subdivision is at a similar elevation to the surrounding lots that are also zoned Resource Management and susceptible to potential flooding. The lots to the south of Lot AT are at a higher elevation, and more suitable for a residential zone as they have a lower risk for flooding. The applicant applied for a CUP last year to use Lot AT for commercial boat repair, maintenance, and storage. The Land Use Table does not allow this use in the Rural Residential zoning district, even by CUP, so the Commission postponed the application until the Land Use Table could be reviewed. After further discussion, amending the Land Use Table to allow commercial boat repair, maintenance, and storage in the entire rural residential zoning district was not advised. The properties to the north and east of Lot AT are zoned Resource Management and are currently being used for commercial boat repair, maintenance, and storage. Since the surrounding uses are already compatible to the desired use of Lot AT, staff recommended that the applicant apply for a rezone. If this rezone is approved, the applicant would still need to apply for and receive a Conditional Use Permit in order to operate any commercial boat repair, maintenance, or storage. The applicant has complied with the public notification process and public hearing as required by City Code §15.01.040. On November 8, 2022 the Planning and Zoning Commission approved Resolution 2022-026 recommending City Council approval of the Land Use Amendment to rezone Lot AT, Forest Acres Subdivision, from a Rural Residential (RR) Zoning District to Resource Management (RM) Zoning District. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 2.2.11 —"Promote infill development by encouraging and promoting construction on vacant sites in areas of the City which are already established." 76 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 3.1.1.4 — "Support private sector business, employment, and programs." "Support and encourage the growth of business." Strategic Plan: "Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision"(Page 5). Other: Certification of Funds Total amount of funds listed in this legislation: $ NA This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ x Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted x Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other Note:amounts are unaudited Unassigned Fund Balance Net position — restricted $ Net position — unrestricted $ Available Unrestricted Cash Balance: $ Finance Director Signature: f r Attorney Review ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Ordinance Other: 77