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Home My WebLink About01092024 Planning & Zoning Meeting Packet Planning & Zoning Commission Meeting Packet Regular Meeting Tuesday, January 9, 2024 Council Chambers, City Hall 7:00 p.m. 1963 1965 2005 The City of Seward,Alaska All-Am PLANNING & ZONING COMMISION 11i r MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones and devices during the meeting Chair Clare Sullivan Vice Chair Vanessa Verhey Commissioner Brenan Hornseth Acting Community Development Commissioner Nathaniel Vacant Seat Director Courtney Bringhurst Charbonneau Vacant Seat City Clerk Kris Peck Commissioner Sean Ulman January 9,2024 at 7:00 p.m. 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 listed under Item 7. Consent Agenda items are not considered separately unless a commission member requests. In the event ofsuch a request, the item is returned to the Regular Agenda. Marked with *.) 6. SPECIAL ORDERS, PRESENTATIONS,AND REPORTS A. Proclamations and Awards -None B. City Administration Report C. Other Reports and Announcements -None D. Presentations (Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by the commission.) -None 7. CONSENT AGENDA A. Minutes of Preceding Meeting 1)*Approve November 7, 2023 Planning & Zoning Commission Meeting Minutes.....................................................................................Page 4 8. PUBLIC HEARINGS (Public hearing comments are limited to five(5) minutes per person.After all speakers have spoken, a person may speak for a second time for no more than one(1)minute.) A. Resolutions Requiring Public Hearing Planning&Zoning Commission Meeting Agenda January 9,2023 11 P a g e 1) Resolution 2024-001, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Approval of the Land Use Amendment to Rezone Fort Raymond Subdivision, Replat Number 7, Lot 10A-1, Located at 905 Sea Lion Ave, from an Institutional (Ins) Zoning District to an Auto Commercial (AC) ZoningDistrict............................................................................Page 9 2) Resolution 2024-002, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of T 1S R I Sec 1, Seward Meridian SW E 1/2 NE 1/4& Govt Lots 4 & 5, Excluding Nash Road ROW; Located at 1303 Nash Road; Creating Mount Alice Estates Planned Unit Development, Phase 1, Lots 1-11 and Tracts A-D............................Page 20 3) Resolution 2024-003, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Approval of the Land Use Amendment to Rezone Mount Alice Estates Planned Unit Development, Phase 1, Lots 1-11 and Tracts B-D, Located at 1303 Nash Road, from a Resource Management(RM) Zoning District to a Multi-Family Residential (R3) Zoning District.......................Page 37 4) Resolution 2024-004, of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to Resurrection Bay Investments LLC to Implement a Planned Unit Development, Including the Development of Streets, Utilities, Dwellings, and Residential Docks, on Lots 1-11 and Tracts B-D, Mount Alice Estates Planned Unit Development, Phase 1; Within a Multi-Family Residential (R3) Zoning District......................................................................Page 51 5) Resolution 2024-005, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending the City Council Amend Seward City Code 15.10.226(C)(7), Requirements for Mobile Vendors.....................................................Page 70 9. UNFINISHED BUSINESS A. Resolutions -None 10. NEW BUSINESS A. Resolutions 1) Resolution 2024-006, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Approval of the Planning and Zoning Commission Priorities for January 2024 to January 2025..................................Page 83 B. Other New Business 1) Discuss work session topic for January 23rd 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Reminder of Meetings 1) Work session on January 23, 2024 2) Regular Meeting on February 6, 2024. ---------------- Planning&Zoning Commission Meeting Agenda January 9,2023 2 1 P a g e B. Other Items -None 12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five(5) minutes per speaker.) 13. COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 14. ADJOURNMENT ---------------- Planning&Zoning Commission Meeting Agenda January 9,2023 3 1 P a g e City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 7, 2023 Volume 8, Page CALL TO ORDER The November 7, 2023 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Clare Sullivan. OPENING CEREMONY Commissioner Nathanial Charbonneau led the Pledge of Allegiance to the flag. ROLL CALL There were present: Clare Sullivan presiding, and Vanessa Verhey Nathaniel Charbonneau Brenan Hornseth Sean Ulman Comprising a quorum of the Commission; and Courtney Bringhurst, Acting Community Development Director Kris Peck, City Clerk Excused—None Absent—None Vacancies- Two CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (CharbonneauNerhey) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the October 3, 2023 Planning and Zoning Commission Meeting Minutes SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations and Awards —None City Administration Report. Acting Community Development Director Courtney Bringhurst noted her written report in the packet. Bringhurst added that the Kenai Peninsula Borough was moving forward with 4 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 7, 2023 Volume 8, Page a"Safe Streets and Roads for All"grant and all communities within the KPB would be taking part. One such project would be extending the sidewalk from the Seward Elementary School to connect with Safeway. Another project would be to redirect larger vehicles to use Alameda and Leier Road. Other Reports and Announcements —None Presentations —None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2023-018: of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Plat of Fort Raymond Subdivision, Replat Number 5, Lot 6A-4; Located at 605 Sea Lion Ave; Creating Fort Raymond Subdivision, Replat Number 6, Lots 6A-5 and 6A-6 Motion (CharbonneauNerhey) Approve Resolution 2023-018 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. Charbonneau said this resolution was a fairly straightforward clean up. Motion Passed Unanimous Resolution 2023-019: of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Plat of Fort Raymond Subdivision, Replat Number 1, Lot 10A; Located at 905 Sea Lion Ave; Creating Fort Raymond Subdivision, Replat Number 7, Lots 10A-1 and 10A-2 Motion (CharbonneauNerhey) Approve Resolution 2023-019 Bringhurst summarized the agenda statement and recommended approval of the resolution. She noted this replat was related to Seward City Tours Land sale with the city. Sullivan asked about the sidewalk. Bringhurst said the sidewalk would be rerouted across the northern portion of Sealion Avenue and then along the Seward Highway. Hornseth asked what the issue was with the Dimond Boulevard right-of-way. Bringhurst said it was more appropriate to create pedestrian access going around the parcel. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Jonah Swiderski, outside city limits, said he was the owner of Seward City Tours and he was available for questions. Swiderski provided an overall summary of his business plan. 5 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 7, 2023 Volume 8, Page No one else appeared and the public hearing was closed. Charbonneau said he was overall opposed to selling city land for any purpose other than housing. He felt leasing was the best option for this land. Eventually the city would have to replace the income of losing leased land. Ulman wanted more background on the city administration involvement with this resolution. Bringhurst explained that City Council had approved a resolution in September for Seward City Tours to buy this property. The resolution tonight was simply a replat of the property. Sullivan said owning the land was an advantage for getting loans. Given the fact that council directed this sale to happen, the task tonight was to look only at the replat. Motion Passed Yes: Hornseth,Verhey, Ulman, Sullivan No: Charbonneau UNFINISHED BUSINESS—None NEW BUSINESS Resolution 2023-020: of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Adoption of the Municipal Lands Inventory and Management Plan —2023 Update Motion (Charbonneau/Verhey) Approve Resolution 2023-020 Bringhurst summarized the updates and edits to the Municipal Lands Inventory and Management Plan. Sullivan appreciated all the work that had been done on this document. Charbonneau directed the commission to page 122 of the PDF packet. He felt that the parcel was not appropriate for additional parking for Two Lakes Trail. The area was disconnected from the park and led to a steep gravel hill that was not intended to be an access. There was already a proper parking lot in place that was right next to the trailhead. Charbonneau felt the best use of the parcel would be to rezone to R1 and sell the land so a house could be built there. Motion to Amend#1 (Charbonneau/Hornseth) Rezone Parcel 14718027 to Single-Family Residential (Rl) and Sell Ulman questioned if the city should sell this land rather than retain it. Charbonneau responded the lot was too small to lease for any purpose. Amendment#1 Passed Yes: Verhey, Charbonneau, Hornseth, Sullivan Abstain: Ulman 6 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 7, 2023 Volume 8, Page Charbonneau directed the commission to page 185 of the PDF packet. The recommendation says to sell or lease with a sound development plan. Charbonneau thought it would make more sense to sell directly to University of Alaska Fairbanks.UAF already developed buildings on the land, so it would only make sense for UAF to purchase the property. Motion to Amend#2 (Charbonneau/Verhey) Strike The Words Sell Or Lease With A Sound Development Plan And Replace With "Sell To The University Of Alaska Fairbanks" Verhey pointed out that UAF currently had a 99-year lease. Amendment#2 Failed Yes: Verhey No: Ulman, Charbonneau, Sullivan Abstain: Hornseth Motion to Amend#3 (Sullivan/Charbonneau) Strike The Words Sell Or Lease With A Sound Development Plan And Replace With "The Recommendation Is To Sell" Sullivan felt this wording would help leave some options open. Amendment#3 Passed Unanimous Main Motion As Amended Passed Unanimous Other New Business Items Discuss Work Session Topic For November 21, 2023 Bringhurst said the topics would include the cemetery use permits and the mobile vending program. The Parks and Recreation Director and City Clerk would be in attendance. Charbonneau asked if these two topics would fill the entire session. He asked if Parks & Recreation would be open to talk about waterfront restoration plans. Bringhurst said she would look into it. Bringhurst said she had a request for a development proposal to share with the commission for the December 19, 2023 work session. Bringhurst also noted the two January 2024 meetings were on the 2nd and 16t' respectively. She proposed the regular meeting be moved to January 9, 2024 and the work session be shifted to January 23, 2024. Motion (Ulman/Hornseth) Reschedule the Planning & Zoning Meeting to January 9, 2024 and the Work Session to January 23,2024 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 7, 2023 Volume 8, Page Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS 1) Work Session on November 21, 2023 at 6:00 pm. 2) Regular Meeting on December 5, 2023 at 7:00 pm. CITIZEN COMMENTS—None COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Bringhurst thanked the commission for the good discussion. She felt progress had been made despite several shifts in the city departments. She noted a potential upcoming staff shortage in Community Development unless new staff was hired soon. Ulman said he appreciated the discussion tonight. Charbonneau thanked everyone for the discussion. Hornseth thanked Commissioner Ulman for asking tough questions. Verhey noted the two P&Z vacancies and thanked the commission. Sullivan noted it was difficult to exactly follow Robert's Rules in the midst of a tough discussion. Sometimes all the complex rules made commissioners hesitant to speak up and inhibited the exchange of information. However, at the end of the night Sullivan felt like the commission was still in pretty good shape. ADJOURNMENT The meeting was adjourned at 8:15 p.m. Kris Peck Clare Sullivan City Clerk Chair (City Seal) 8 Planning and Zoning Agenda Statement Meeting Date: January 9, 2023 To: Planning and Zoning Commission Through: Courtney Bringhurst, Acting Community Development Director From: Applicant Agenda Item: Resolution 2024-001: Recommending City Council Approval of the Land Use Amendment to Rezone Fort Raymond Subdivision, Replat Number 7, Lot 10A-1, Located at 905 Sea Lion Ave, from an Institutional (Ins)Zoning District to an Auto Commercial (AC) Zoning District Background and justification: Seward City Tours has submitted an application to rezone the 1.4 acres that they purchased at 905 Sea Lion Ave to an Auto Commercial zoning district. On September 11, 2023, the City Council approved Resolution 2023-099, which authorized the City Manager to enter into and execute the purchase and sale agreement and related documents with Seward City Tours for the sale of 1.40 acres of land on the northern portion of the property located at 905 Sea Lion Ave. On November 7, 2023, the Planning and Zoning Commission approved Resolution 2023-019 approving the preliminary plat creating Fort Raymond Subdivision, Replat Number 7, Lot 10A-1. Seward City Tours purchased this property with the intention to construct a bunkhouse for employee housing and a maintenance shop to support their business. An auto repair shop is not allowed in an Institutional zoning district, nor is a general machine shop. Both uses are allowed in an Auto Commercial zoning district with an approved Conditional Use Permit. A Bunkhouse is allowed in an Institutional zoning district as well as an Auto Commercial zoning district with an approved Conditional Use Permit. Since both a bunkhouse and an auto repair / machine shop is allowed in an Auto Commercial zoning district, Seward City Tours is requesting that the zoning of Lot 10A-1 be changed from Institutional to Auto Commercial. Lot 10-1 is larger than one (1) acre, and the property adjacent to the west is zoned Auto Commercial, which meets the requirements of Seward City code 15.01.035(B)(3) amending the zoning of a parcel of land. The public notification process was complied with and the appropriate public hearing, as required by Seward City Code §15.01.040. 9 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.1.1.4 — "Support private sector business, employment, Plan: and programs." 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." Strategic Plan: N/A Staff Comments Department Comments No N/A Comment Building Department X Fire Department X Public Works X Department Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred(300)feet of the proposed land use amendment 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 no 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 2024-001,recommending City Council approval of the Land Use Amendment to rezone Fort Raymond Subdivision, Replat Number 7, Lot 10A-1, located at 905 Sea Lion Ave, from an Institutional (Ins) Zoning District to an Auto Commercial (AC) Zoning District 10 Sponsored by:Applicant Public Hearing: January 9, 2024 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-001 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 FORT RAYMOND SUBDIVISION, REPLAT NUMBER 7, LOT 10A-1, LOCATED AT 905 SEA LION AVE, FROM AN INSTITUTIONAL (INS) ZONING DISTRICT TO AN AUTO COMMERCIAL(AC) ZONING DISTRICT WHEREAS, Seward City Tours has submitted a rezone application to the City of Seward Planning and Zoning Commission for review and recommendation to the City Council; and WHEREAS, a purchase and sale agreement was approved and signed by the City on September 11, 2023, selling Lot 10A-1 to Seward City Tours; and WHEREAS,the majority of property owners in the area to be amended have petitioned to rezone Lot 10A-1, Fort Raymond Subdivision, Replat Number 7; 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 Lot 10A-1, from Institutional (Ins) to Auto Commercial (AC); and WHEREAS, the property directly to the west of Lot 10A-1 is zoned Auto Commercial; and WHEREAS, Seward City Tours intends to use Lot 10A-1 to construct a bunkhouse and an auto/machine shop to support their business; and WHEREAS, auto /machine shops are not allowed in an Institutional zoning district, but are allowed with an approved Conditional Use Permit in an Auto Commercial zoning district; and WHEREAS, a bunkhouse is allowed in an Institutional zoning district and an Auto Commercial zoning district with an approved Conditional Use Permit; 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: 11 CITY OF SEWARD,ALASKA RESOLUTION 2024-001 Section 1. The Seward Planning and Zoning Commission supports the proposed zoning change and recommends Resolution 2024-001 be forwarded to City Council for approval. Section 2.This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 9th day of January, 2024. THE CITY OF SEWARD,ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 12 12/26/23, 11:45 AM 103 City of Seward,AK 12/26/2023 103 Primary Location Applicant Zoning Amendment 905 SEA LION AVE Jonah Swiderski Application SEWARD,AK 99664 907-491-0274 Status:Active Owner info@sewardcitytours.com Submitted On: 11/14/2023 PO BOX 2031 SEWARD CITY OF PO BOX 167 SEWARD,AK 32981 Myrtlewood Circle 99664 Seward,Alaska 99664 Applicant Information Name* Mailing Address* Jonah Swiderski PO BOX 2031 Seward,AK 99664 Phone* Email* 907-491-0274 info@sewardcitytours.com Property Information Address* Size of subject area* 905 Sea Lion Avenue 1.4 Acres Legal Description T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0870012 FORT RAYMOND SUB REPLAT NO 1 LOT 10A 13 https://sewardak.workflow.opengov.com/#/explore/records/2380/react-form-details/2380 1/6 12/26/23, 11:45 AM 103 The legal description of a property and the KPB Parcel number can be found at this link: https://gis.kpb.us/map/index.htmI?viewer=basic Click on the icon four from the left that looks like a pin and says "find parcel by address" when you hover your mouse over it.Type in your address and press "enter". Click on your parcel.A white box with information in it should appear on your screen. The parcel ID number is at the top.The Legal name of the property is in the middle under the heading, "Legal:" Current Zoning* Request to rezone to:* Institutional (Ins) Auto Commercial (AC) Reasons for Rezone Intended use of property and reason for rezoning:* Employee Bunkhouse and Office/Maintenance building, Rezoning to auto commercial will better suite our use of the property. Property in the area is already zoned AC and will have little to no impact on adjacent properties. How does the proposed amendment comply with the Seward Comprehensive Plan:* The rezoning fully adheres to the Seward Comprehensive Plan, specifically 3.2.1 "Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values." 3.3.1 "Encourage development of new housing in Seward" Seward Comprehensive Plan: https://www.cityofseward.us/home/Showpubl isheddocument/60/637001929598130000 What is the effect of the zoning amendment on the surrounding property owners and on the community at large?* The surrounding area is owned by the city of Seward and will have no impact.To the south there is one property that is already zoned auto commercial and it will not have any effect on those owners. 14 https://sewardak.workflow.opengov.com/#/explore/records/2380/react-form-details/2380 2/6 12/26/23, 11:45 AM 103 Select the method by which this Rezone application Petition Signatures* is being initiated:* By petition of a majority of the property Jonah Signature.jpeg owners in the area to be amended Document Uploads Map of area* Proof of ownership of rezone area ta SEWARD CITYTOURS LAND , 905 Sea Lion Zoning.JPG SALE. df +�� p Declaration Page I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge. Signature* Jonah Swiderski Nov 14,2023 Attachments Property Map_905 Sea Lion Ave.pdf Property Map_905 Sea Lion Ave.pdf Uploaded by Courtney Bringhurst on Nov 16,2023 at 12:57 PM 15 https://sewardak.workflow.opengov.com/#/explore/records/2380/react-form-details/2380 3/6 � \ ' fin• � w }M t i PIS w ti F . - r m 7 Y \0\ ` l f d' c rt r u. �✓ { ti A. 'wdoor t Y i y Rezone of Fort Raymond Subdivision, Replat 905 Sea Lion Ave / \ Number 7, Lot 10A-1 from Institutional (INS) to - � � �1 Drawn By: Selena Soto Auto-Commercial (AC) N 0 25 50 100 Feet Due to different data sources property lines and aerial imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. 16 A � Zoning m� 10 x1... x a IO .a s SEA _ION IPA MW d y�,."'' ��y, �' �� yr• �jy'� fl M 1 ti h JE Its atry..,w. A APT JRT ry MT t a. 40 ;v s y ("0 � r; is 17 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 / a 2e��`3 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Fort Raymond Subdivision, Replat Number 7, Lot 10A-1; physical address 905 Sea Lion Ave, as prescribed by Seward City Code 15.01.040. Affirmed and signed this je— day of 2023. 18 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE if ov�eJ�� w a ; hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 on the property located at Fort Raymond Subdivision, Replat Number 7, Lot 10A-1; physical address 905 Sea Lion Ave, the owners of which have petitioned for a Public Hearing to Rezone Lot 1OA-1 from an Institutional Zoning District to an Auto Commercial Zoning District. The notice was posted on �oj r zo ''� which is L19 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 a�-J- day of �� , 2023. Signature 19 Planning and Zoning Agenda Statement Meeting Date: January 9, 2024 To: Planning and Zoning Commission Through: Courtney Bringhurst, Acting Community Development Director From: Applicant Agenda Item: Resolution 2024-002: Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of T IS R 1 W Sec 1, Seward Meridian SW E 1/z NE 1/4 & Govt Lots 4 & 5, Excluding Nash Road ROW; Located at 1303 Nash Road; Creating Mount Alice Estates Planned Unit Development,Phase 1, Lots 1-11 and Tracts A-D Background and justification: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary replat submitted by Ken and Jonathon Lang on behalf of Resurrection Bay Investments LLC. This plat will create 11 Lots and three Tracts (B, C, and D) south of Nash Road, and one Tract(A) north of Nash Road. A private, gated road (Tract E) will be developed south of Nash Road to provide access to Lots 1-11 and Tracts B, C, and D. The southern portion of Tract B and the western edges of Lots 5-11 and Tract C, all south of Nash Road, are located within a mapped FEMA flood zone (VE). A VE designated flood zone is a coastal area with a 1%or greater chance of flooding and an additional hazard associated with storm surges. These areas have a 26% chance of flooding over the life of a 30-year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones. There is sufficient space on all these parcels to place development outside of the flood zone. However, any development occurring within the flood zone will require additional permitting. Seward City Code §16.01.015(A) states that "No preliminary or final plat for the subdivision or resubdivision of land located within the city limits shall be approved by the city unless all of the required improvements set forth in section 16.05.010 are provided for by the subdivider, owner, proprietor or developer in the manner described in sections 16.05.015." The required improvements are streets, telephone and electric lines, water system, sewer system, and street lighting. These parcels do not have access to city water and sewer. The manner established in code for providing the required improvements to a subdivided property is through a subdivision agreement between the city and the developer. A subdivision agreement has been required for the development of Lots 1-11 and Tracts B-D. Tract A will not be included in the subdivision agreement as it will be further subdivided at a future date, at which time a subdivision agreement will be required. Seward City code §14.20.025 allows for on-site sewage disposal systems to be installed on lots that are more than 200 feet away from a 20 city sewer line. However, there is not a similar allowance in §14.10—Water, to allow wells to be installed on properties that are more than 200 feet away from a city water line. Thus,the developer is applying for a Conditional Use Permit to implement a Planned Unit Development including Lots 1-11 and Tracts B-D. A Planned Unit Development allows for the private construction of"streets, circulation ways, utilities, residences, commercial buildings, open spaces, and other site features and improvements some of which may not otherwise be individually permitted." The establishment of a Planned Unit Development will provide an avenue for the city to allow the developer to install wells on Lots 1-11 and Tracts B-D. The specific requirements for installing wells will be included within the subdivision agreement. Ground water testing will be done after the initial approval of this preliminary plat and reported back to the city before the city will authorize their final approval to the Kenai Peninsula Borough. The subdivision agreement will also need to be created and signed by the city and the developer before final approval of the preliminary plat is recommended to the Kenai Peninsula Borough. All conditions required by Seward City Code §16.01.015(C), 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 submittal to the Borough for approval. Subdivision Review: Zoning: The property is currently zoned Resource Management(RM). Size: Lots 1-4 will be 63,153— 150,013 square feet(1.44—3.44 acres) and Lots 5-11 will be 40,000—51,300 square feet. Tract A will be 28.5 acres. Tract B will be 4.66 acres. Tract C will be 11.6 acres. Tract D will be 5.87 acres. Utilities: The developer is planning on installing wells and on-site sewage disposal systems. The developer will work with the Electric department to appropriately connect the subdivision to electric lines. Existing Use: The parcel is currently vacant. Access: Tract A has access to Nash Road. A private, gated road(Tract E) will be constructed on the portion of the plat south of Nash Road, which will provide Lots 1-11 and Tracts B-D access to Nash Road. Flood Zone: According to the Kenai Peninsula Borough Floodplain map, a portion of the parcels along the coastline are in a VE flood zone. Any development within this area would require a floodplain permit. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.2.1 —Promote residential and commercial development Plan: within the city of Seward and its vicinity in accordance with community values. 21 Vol 1, Chapter 3.2.1.2— Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations Vol 1, Chapter 3.3.1 —Encourage development of new housing in Seward Vol 1, Chapter 3.3.1.1 — Support a range of housing choices that meet the needs of people in various income and age groups Strategic Plan: N/A Staff Comments Department Comments No N/A Comment Building Department X Fire Department X Public Works X Department 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 no 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 2024-002, recommending Kenai Peninsula Borough Approval of the Preliminary Plat of T 1S R I Sec 1, Seward Meridian SW E 1/z NE 1/4& Govt Lots 4 & 5, Excluding Nash Road ROW; Located at 1303 Nash Road; Creating Mount Alice Estates Planned Unit Development, Phase 1, Lots 1-11 and Tracts A-D 22 Sponsored by:Applicant Public Hearing: January 9, 2024 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-002 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF T 1S R 1W SEC 1,SEWARD MERIDIAN SW E 1/Z NE 1A& GOVT LOTS 4 & 5, EXCLUDING NASH ROAD ROW; LOCATED AT 1303 NASH ROAD; CREATING MOUNT ALICE ESTATES PLANNED UNIT DEVELOPMENT,PHASE 1,LOTS 1-11 AND TRACTS A-D WHEREAS, Ken and Jonathon Lang have submitted a preliminary plat on behalf of Resurrection Bay Investments LLC for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the parcel being subdivided is located at 1303 Nash Road; and WHEREAS,the proposed preliminary plat is subdividing the parcel south of Nash Road into Lots 1-11 and Tracts B-D; and WHEREAS,the parcel to the north of Nash road will be subdivided into Tract A and the north remaining 40 acres will maintain the identification designated in the BLM plat, Frac. Township North 1 South, Range North 1 West of the Seward Meridian,Alaska; and WHEREAS, all proposed Lots and Tracts will be 40,000 square feet or larger; and WHEREAS,the parcels are currently zoned Resource Management(RM); and WHEREAS,the southern portion of Tract B and the western edges of Lots 5-11 and Tract C are located within a mapped FEMA flood zone (VE); and WHEREAS, any type of construction within the VE designated flood zone would require additional permitting; and WHEREAS, City water, sewer, electric, and roads are required to be installed by the developer through the stipulations established in a subdivision agreement approved by the city; and WHEREAS,the distance to connect to city water and sewer is not feasible, the developer has applied for a Conditional Use Permit for a Planned Unit Development; and WHEREAS, a Planned Unit Development allows for the private construction of"streets, circulation ways, utilities, residences, commercial buildings, open spaces, and other site features and improvements some of which may not otherwise be individually permitted"; and 23 CITY OF SEWARD,ALASKA RESOLUTION 2024-002 WHEREAS,the approval of the CUP granting a Planned Unit Development will allow the developer to install wells and septic for each property within the subdivision, construct a private, gated road, and receive initial approval from the Planning and Zoning Commission for the construction of private, residential docks; 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 within the City of Seward. 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 preliminary plat of T 1S R I Sec 1, Seward Meridian SW E 1/2 NE 1/4 & Govt Lots 4 & 5, Excluding Nash Road ROW; Located at 1303 Nash Road; Creating Mount Alice Estates Planned Unit Development, Phase 1, Lots 1-11 and Tracts A-D. Section 2.This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 9th day of January, 2023. THE CITY OF SEWARD,ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck 24 CITY OF SEWARD,ALASKA RESOLUTION 2024-002 City Clerk (City Seal) 25 DocuSign Envelope ID:B1442DFA-82EF-4E6A-93E1-8C50396D5977 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 [E]PRELIMINARY 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. Mount Alice Estates PROPERTY INFORMATION: legal description E 1/2, NE 1/4,AND E 1/2, NE 1/4, and Section Lots 4 &5 Section,Township,Range Section 1 11 N. R1 W General area description MP 2.2 to MP 3.0 Nash Road City Seward Total Acreage SURVEYOR Company: Lang &Associates, inc. Contact Person: Kenneth Lan Mailing Address: 11500 Daryl Avenue city,State,zip Anchorage,AK 99515-3049 Phone: 907-522-6476 e-mail: k n I n surve .com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER on site[:]City WATERQon site RCity SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planning and Zoning meeting after a complete application has been received. X❑Electronic file of Plat and QPreliminary plat NON-REFUNDABLE submittal fee$75.00- QCertificate to plat for ALL parcels included in the subdivision QDocumentation showing proof of signatory authority(partnerships,corporations,estates,trusts, etc.) ❑Public Notice Sign(s)Posted on property-Citystaff 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. Variance Rezone Conditional Use Permit 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):Iris Darling, Manager Signature M D Phone: 907-205-1475 e-mail: insd9rfinF036 fiotmail.com Name(printed): Signature: M 1 E38F2DF0367482.. Phone: e-mail: Name(printed): Signature: �sFzoFa�en Phone: email: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED Receipt # 26 DocuSign Envelope ID:B1442DFA-82EF-4E6A-93E1-8C50396D5977 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 G. 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 X❑ 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 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; X❑ 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; 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 X❑ study which identifies a floodplain,if applicable; 9. Approximate locations of areas subject to tidal inundation and the ❑ mean high water line; X 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 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; 14. Apparent encroachments,with a statement indicating how the encroachments will be resolved prior to final plat approval X❑ Subdivision Name: Mount Alice Estates- Phase I Date 27 v"q � 74 2 N yip{ ii33,,,, dA+'AjsLL1' � i4 V' �yC t• T sY IA W T« ♦.� � x,�#T * ..a«,.. �" AST !c*9+t- si a3'+.* �Dp � } . Preliminary Plat, Rezone, and Conditional Use 1303 Nash Rd / \ Permit Applications of T 1S R 1W Sec 1, Seward - � � !�1 Drawn By: Selena Soto Meridian SW E1/2 NE1/4 & Govt Lots 4 & 5, N 0 245 490 980 Feet Excluding Nash Road ROW Due to different data sources property lines and aerial imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. 28 un -N T o � �sueFIVI v0 _Fm y� I m➢ FV 0 r m O '....., o 3m 0 o Tr°c} A I ' " NgSN 'saz. ,s4,say r. ...... POPlIGN or I GOVERNMENT LOi 3� I m O 269\0, � Z1 30' PRIVATE ACCESS EASEMENT 'N.^ `� _ Lot 2�� Lo} 11 Lo} 9 5G.013 N z / UNSUBDNI DED/ e O T a �O o ,,a9 L.T F m MEAN HIGH WATER �- yN� a� T 3,F72 m 5 n 9Lo} 6 �GP '0}OL} 5- �h '02 9 L :I I 7c27 C s3 33n 3 A A 4�l \ 1 Illlll� 11 _030 ooao Al 84ocoo�oo�� IiI II � 3 �A ➢ =ID ➢ a„o ^ate c��i flZ a�na-- — N 31I II III II -m n Lang & 'so' L ine. Registered Pr sional ors 11500 Daryl Avenue Anchorage,Alaska 515-304 (907)522-6476anin n t i�n(a�langsurvey.co travis@langsurvey.com Mount Alice Estates Mount Alice Estates Planned Unit Development, Phase 1 09 November 2023 On behalf of Resurrection Bay Investments LLC we present you with this plan for Mount Alice Estates Planned Unit Development, Phase I. This plan asks for a subdivision, a rezone of the property, and a conditional use ep rmit for a planned unit development with a private roadway. Overview The contiguously owned property is 107.2 acres bisected X by Nash Road. Mount Alice �•.,_.._.._..-�.- ..=. ._ -• a -•• =� y Estates, Phase I is a planned unit development with 11 lots, and 3 a' ` tracts, with a private roadway ' y� tract south of Nash Road; and a � single tract, north of Nash Road, ' � reserved for future development. There is also another 80 acres owned by Resurrection Bay Investments LLC to the north of this project that is not included in this phase of the subdivision and is reserved for a subsequent phase of development. 30 Surrounding uses The property is bordered on the east side by the Seward City Limits. The properties to the north, east, and south are all zoned Resource Management(RM) and are owned by either the State of Alaska or the City of Seward. Tidelands lay immediately west of Tract C and Lots 5 through 11. The property to the west of Tracts A& B is zoned Industrial (I). / 5eward0tyl-irn its J ti zoningOnline lj� Rural Residential Single Family Res.dentiaG -wo Family Residential Y " t Mu It Famly Residential 1,Iban Residential Dffice Residential -arbor Commercial THIS Aato Commere al PROJECT Central Business i7 strict Industrial Institutional Park J{y. Resource Management Rezone Through this action we propose to rezone the property from Resource Management(RM) to Multi- family Residential District(R3). R3 is "intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi-family residences from undesirable effects." Seward Code 15.05.025.13.4—Multi-family residential district(R3). The portion being rezoned is approximately 30.90 Acres (exclusive of the proposed road), and the property is currently zoned Resource Management, "Lands which are generally undeveloped and cannot be precisely zoned due to inadequate information..." (15.05.025.13.13). Page 2 of 5 31 Subdivision The proposed subdivision is 11 lots, 4 tracts, and 1 private roadway tract. Tract A is reserved for future development. Tract B is intended for a residential condominium. Tracts C and D could be developed as condominiums or as apartments or other larger residential Trod, A 7.Y�'IAff R/. structures. Lots 1 through 11 are - intended for residential use. Eagle Run Circle will be an access Trao tract, owned and maintained by the G1.163•i. home owner's association of the 't proposed Planned Unit Lat 1 i 4 -Development. Lot 2 LVI ro All lots south of Nash Road are l.el 9 1MA43-F. intended to have water access. 6%3 S. LOf UA 4 Conditional Use Permit Lot , The conditional use permit for a UV.41 Planned Unit Development will allow a gated private road for Mount Alice Estates Planned Unit Development. Yrad c The conditional use permit will allow for a private boat launch and private docks along the more than 2900 feet of tideland frontage along Resurrection Bay, to be coordinated with the Seward Harbormaster. Seward Code 15.10.130—Unlisted Uses states "Unlisted uses may be allowed within a district upon Page 3 of 5 32 written decision by the commission provided that each unlisted use meets all the following conditions: 1. The use is not specifically permitted in any other district; 2. The use is not more appropriate in another district; and 3. The use is consistent with the purpose of the district in question, and is similar to other uses permitted outright." Private residential docks are not addressed by Seward Code. Docks are allowed in Harbor Commercial but the industrial intent of that zoning district conflicts with the residential neighborhood proposed. The use is consistent with the purpose of Residential Multi-family but is not a specific use within the ordinance. The developers will be constructing the required improvements but the intention, through the planned unit development, is for the roadway to be private. The roadway will be built to city specifications as required by code but will not be dedicated as public right-of-way. Private Water and Septic Systems Tile 14 explicitly states "The city shall provide water service within the city limits (14.10.010)". The property falls within the city limits. The nearest city water main is more than 2000 feet to the south at the Seward Marine Industrial Complex and it is impractical to extend either the city water or the sewer system to the site at this time. The intention is for each parcel to have a water well and an on-site septic system. The 2030 Comprehensive Plan Update The development's location on the outskirts of Seward does not negatively impact Seward's unique historic, small-town character. By meeting the development standards in Title 13, 14, 15, and 16 we are attaining the 2030 Plan goal of maintaining the health and safety of residents and visitors and enhancing the town's best features. The goals of the 2023 Plan noted below are either fulfilled by the proposed development or supported and encouraged for the proposed development: 2.2 Community Values 2.2.10 Land Development—the project meets the land development goals of the 2030 Plan by encouraging home ownership opportunities. 2.2.11 Economic Base—the project will provide a short term economic boost to the local economy during construction and year-round housing for the community workforce. The subdivided parcels and improvements will add to the local tax base. 2.2.12 Transportation Facilities -the project will use the exiting State of Alaska DOT&PF maintained Nash Road and the private roadway will be the responsibility of the Planned Unit Development home owner's association. Page 4 of 5 33 2.2.12.1 Traffic Management—the project will add an estimated 200 trips per day to Nash Road. The biggest impact being left turns from Eagle Run Circle on to Nash Road where subdivision residents may have to wait for southeast bound traffic. 2.12.12.3 Road construction—the private roadway will be maintained by the Mount Alice Estates home owner's association and will not be a burden to taxpayers. 3.1 Economic Development 3.1.1.2 Update and expand infrastructure—while this section of the 2030 Plan is focused on commercial and industrial uses, the development of Mount Alice Estates will allow small scale marine related home businesses (example: a community resident charter boat captain that stores his boat at home at Mount Alice Estates Planned Unit Development). 3.2 Land Use 3.2.1 Promote residential development 3.2.1.2 Expand the opportunities for affordable, diverse, year-round housing through land use regulations. 3.3 Housing 3.3.1 Encourage development of new housing in Seward. 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups. 3.5 Port and Harbor Development 3.5.1 Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and implementation management plans. The proposed private docks and boat launch supports this goal. 3.9 Quality of Life 3.9.2.2 Preserve and protect the scenic views of the mountains and Resurrection Bay. The proposed development does not significantly impact to the slopes of Mt. Alice. 3.9.2.3 Preserve the quiet of residential neighborhoods. Conclusion For the reasons illustrated above, we respectfully ask that the requests for the subdivision and conditional use permit for Mount Alice Estates Planned Unit Development, Phase I be granted as well as the variance requested for the private street. We also ask that the property be rezoned to Multi-family Residential District(R3). Page 5 of 5 34 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 on ec f 9, ZvZ 3 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of T 1S R 1W Sec 1 Seward Meridian SW E1/2 NE1/4 & Govt Lots 4 & 5 Excluding Nash Road ROW; physical address 1303 Nash Road, as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this J day of 2023. 35 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, �� herebycertify that I fy have posted a Notice of Public Hearing, as prescribed by Seward City Code ' 15.01.040/16.01.015 on the property located at T IS R iW Sec 1 Seward Meridian SW E1/2 NE1/4 & Govt Lots 4 & S Excluding Nash Road ROW; physical address 1303 Nash Road, the owners of which have petitioned for a Public Hearing to Replat Lots 4 & 5; Creating Mount Alice Estates Planned Unit Develo meat Phase 1 Lots 1-11 and Tracts A-D. The notice was posted on � C. 81h � �-�`1 , which is 30 days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this day of V-e7i4Signatusre 36 Planning and Zoning Agenda Statement Meeting Date: January 9, 2024 To: Planning and Zoning Commission Through: Courtney Bringhurst, Acting Community Development Director From: Applicant Agenda Item: Resolution 2024-003: Recommending City Council Approval of the Land Use Amendment to Rezone Mount Alice Estates Planned Unit Development, Phase 1, Lots 1-11 and Tracts B-D, Located at 1303 Nash Road, from a Resource Management (RM) Zoning District to a Multi- Family Residential (R3) Zoning District Background and justification: Ken and Jonathon Lang have submitted an application on behalf of Resurrection Bay Investments LLC to rezone the portion of land south of Nash Road in the proposed Mount Alice Estates Planned Unit Development, Phase 1. The owner of Resurrection Bay Investments LLC intends to develop the property as a private, gated community. There will be certain covenants and restrictions established for the private community that will maintain a high standard of development for the community. The developer intends for the majority of housing within the community to be single-family homes, but also desires the flexibility to construct condominiums on the larger tracts of land. For this reason, the developer has submitted a land use amendment application to rezone Lots 1-11 and Tracts B-D from resource management(RM)to multi-family residential (R3). The total area of land to be amended exceeds the required one acre as specified in Seward City code §15.01.035(b)(3), and the majority of property owners in the area to be amended have petitioned the city in support of this rezone. The multi-family (R3) zoning district is intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment, and/or recreation. The location of this private community on Nash Road places the future housing proximate to recreation and employment opportunities. The developer has expressed the intention to construct a condominium on the larger tract with primarily single-family homes on the other lots. The public notification process was complied with and the appropriate public hearing, as required by Seward City Code §15.01.040. 37 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.2.1 —Promote residential and commercial development Plan: within the city of Seward and its vicinity in accordance with community values. Vol 1, Chapter 3.2.1.2 — Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations. Vol 1,Chapter 3.3.1—Encourage development of new housing in Seward. Vol 1, Chapter 3.3.1.1 — Support a range of housing choices that meet the needs of people in various income and age groups Strategic Plan: N/A Staff Comments Department Comments No N/A Comment Building Department X Fire Department X Public Works X Department Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred(300)feet of the proposed land use amendment 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 no 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 2024-003, recommending City Council approval of the Land Use Amendment to rezone Mount Alice Estates Planned Unit Development, Phase 1, Lots 1-11 and Tracts B-D, Located at 1303 Nash Road, from a Resource Management(RM)Zoning District to a Multi-Family Residential (R3) Zoning District 38 Sponsored by:Applicant Public Hearing: January 9, 2024 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-003 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 MOUNT ALICE ESTATES PLANNED UNIT DEVELOPMENT, PHASE 1, LOTS 1- 11 AND TRACTS B-D, LOCATED AT 1303 NASH ROAD, FROM A RESOURCE MANAGEMENT (RM) ZONING DISTRICT TO A MULTI- FAMILY RESIDENTIAL(R3) ZONING DISTRICT WHEREAS, Ken and Jonathon Lang have submitted a rezone application on behalf of Resurrection Bay Investments LLC to the City of Seward Planning and Zoning Commission 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 Lots 1-11 and Tracts B-D within the Mount Alice Estates Planned Unit Development,Phase 1 from a resource management(RM) zoning district to a multi-family (R3) zoning district; 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 multi-family (R3)zoning district is intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi- family units close to concentrations of public services, employment, and/or recreation; and WHEREAS, this development would provide more housing options near recreation and employment opportunities on Nash Road; and WHEREAS,the developer has expressed a desire for the construction of residences to be primarily single family homes with one or more condominiums in the larger tracts; and WHEREAS, single family homes and duplexes are allowed outright in an R3 zoning district; and WHEREAS,multi-family dwellings, condominiums, and townhomes are allowed with an approved conditional use permit in an R3 zoning district; 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: 39 CITY OF SEWARD,ALASKA RESOLUTION 2024-003 Section 1. The Seward Planning and Zoning Commission supports the proposed zoning change and recommends Resolution 2024-003 be forwarded to the City Council for approval. Section 2.This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 9th day of January, 2024. THE CITY OF SEWARD,ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 40 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 C=OF SEWARD Community Development P.O. Box 167 907.224.4049 410 Adams Street planning@cityofseward.net Seward,Alaska 99664 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: Resurrection Bay Investments, LLC; Alice Darling, Manager Address: P.O. Box 149, Seward, Alaska 99664 Telephone Number: 907-205-1475 Email: irisdarling@hotmail.com Property Description Address: No address; MP 2.2 to MP 3.0, Nash Road Lot: NSA Block: N/A Subdivision: N/A Size of subject area: 30.90 acres Number of parcels within subject area: Additional Information Located in Historic Overlay District?Yes [_] No [_] Intended use and/or reason for rezoning: see the attached narrative Does the proposed amendment comply with the Comprehensive Plan? Please list how below. Seward 2030 Comprehensive Plan Volume L hops://www.cityofseward.us/home/showdocument?id=1705 Volume IL hops://www.cityofseward.tis/home/showdocument?id=1707 41 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 Does the proposed amendment comply with the Historic Preservation Plan (skip if not within Historic Overlay District) N/A What is the effect of the zoning amendment on the property owners and on the community at large? see the attached narrative hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge. 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. 4aDocuSigned by: Applicant Signature: dM Q� 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; (X) *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. 42 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 Lang & so tes, inc. Registered Pr sional La d Surveyors 11500 Daryl Avenue Anchorage,Alaska 515-304 a (907)522-6476 1 e an surve .co a than lan surve .co� travis@langsurvey.com Mount Alice Estates Mount Alice Estates Planned Unit Development, Phase I 01 December 2023 On behalf of Resurrection Bay Investments LLC we present you with this plan for Mount Alice Estates Planned Unit Development, Phase I. This plan asks for a subdivision, a rezone of the property, a conditional use ep rmit for a planned unit development, and a variance for a private roadway. Overview .,..- The contiguously owned 3 �� — } property is 107.2 acres bisected by Nash Road. Mount Alice Estates, Phase I ` (shown)is a planned unit develo ment with 11 lots and 3 tracts, with a private roadway tract south of Nash u Road; and a single tract north q. of Nash Road, reserved for future development. There is also another 80 acres (two 40-acre BLM aliquot parts; em one inside the city limits, one outside) owned by Resurrection Bay Investments LLC to the north of this project that is _ not included in this phase of the subdivision and is reserved for subsequent development. 43 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 Surrounding uses The property is bordered on the east side by the Seward City Limits. The properties to the north, east, and south are all zoned Resource Management(RM) and are owned by either the State of Alaska or the City of Seward. Tidelands lay immediately west of Tract C and Lots 5 through 11. The property to the west of Tracts A& B is zoned Industrial (I). Rezone Through this action we propose to rezone the property from Resource s 5eward0tyurnits Management(RM) to Multi-family ?, ZoningOnline Residential District RuralResi6en¢al (R3). R3 is "intended _ Single Famly Residential to provide Two Family Residential opportunities for a Mult Family Residential higher density Urban Residential residential setting , 4ffce Resides aI with a mix of Harbor Commercial housing units which REZONE i . Auto Commercial are predominately , Central business District multi-family units ` � Industrial close to � Institutional concentrations of Park public services Resource Management employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi-family residences from undesirable effects." Seward Code 15.05.025.13.4 —Multi-family residential district(R3). The portion being rezoned is approximately 30.90 Acres (exclusive of the proposed road), and the property is currently zoned Resource Management, "Lands which are generally undeveloped and cannot be precisely zoned due to inadequate information..." (15.05.025.13.13). The rezone to R3 was chosen to allow condominium developments. Page 2 of 6 44 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 Subdivision The proposed subdivision is 11 lots, 4 tracts, and 1 private roadway tract. �. • Tract A, north of Nash Road, is reserved for rnncf x future development and '�"'°''" is included because Nash Road bisects the parent parcel. Trod 9 Lot 7 Tract B, south of Nash Road is intended for a Lot 2 residential condominium. Tracts C and D could be ,or 10 developed as Lam+ 3 Lol 4 iasn�a aa. condominiums or as apartments or other larger Lot Lot 4 residential structures. Lots 1 through 11 are ��4, True D intended for residential Lrr a .o.M .,- use. LM 5 IL Eagle Run Circle will be a private roadway tract, owned and maintained by Tract C the home owner's association of the proposed Planned Unit Development. All lots south of Nash Road are intended to have access to Resurrection Bay. A 30' Access Easement will be dedicated on Tract B for all owners in the PUD. Page 3 of 6 45 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 Conditional Use Permit The conditional use permit for a Planned Unit Development will allow a gated privately maintained road for Mount Alice Estates Planned Unit Development as well as a private boat launch and private docks along the more than 2900 feet of tideland frontage along Resurrection Bay, to be coordinated with the Seward Harbormaster. Seward Code 15.10.130—Unlisted Uses states "Unlisted uses may be allowed within a district upon written decision by the commission provided that each unlisted use meets all the following conditions: 1. The use is not specifically permitted in any other district; 2. The use is not more appropriate in another district; and 3. The use is consistent with the purpose of the district in question, and is similar to other uses permitted outright." Private residential docks are not addressed by Seward Code. Docks are allowed in Harbor Commercial but the industrial intent of that zoning district conflicts with the residential neighborhood proposed. The use is consistent with the purpose of Residential Multi-family but is not a specific use within the ordinance. Variance Request We respectfully request a variance from Seward Code 16.05.010.1 - Required public improvements, Streets. The developers will be constructing the required improvements but the intention, through the planned unit development, is for the roadway to be private. The roadway will be built to city specifications as required by code but will not be dedicated as public right-of-way. Private Water and Septic Systems Tile 14 explicitly states "The city shall provide water service within the city limits (14.10.010)". The property falls within the city limits. The nearest city water main is more than 2000 feet to the south at the Seward Marine Industrial Complex and it is impractical to extend either the city water or the sewer system to the site at this time. The intention is for each parcel to have a water well and an on-site septic system. Page 4 of 6 46 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 The 2030 Comprehensive Plan Update The development's location on the outskirts of Seward does not negatively impact Seward's unique historic, small-town character. By meeting the development standards in Title 13, 14, 15, and 16 we are attaining the 2030 Plan goal of maintaining the health and safety of residents and visitors and enhancing the town's best features. The goals of the 2023 Plan noted below are either fulfilled by the proposed development or supported and encouraged for the proposed development: 2.2 Community Values 2.2.10 Land Development—the project meets the land development goals of the 2030 Plan by encouraging home ownership opportunities. 2.2.11 Economic Base—the project will provide a short term economic boost to the local economy during construction and year-round housing for the community workforce. The subdivided parcels and improvements will add to the local tax base. 2.2.12 Transportation Facilities -the project will use the exiting State of Alaska DOT&PF maintained Nash Road and the private roadway will be the responsibility of the Planned Unit Development home owner's association. 2.2.12.1 Traffic Management—the project will add an estimated 200 trips per day to Nash Road. The biggest impact being left turns from Eagle Run Circle on to Nash Road where subdivision residents may have to wait for southeast bound traffic. 2.12.12.3 Road construction—the private roadway will be maintained by the Mount Alice Estates home owner's association and will not be a burden to taxpayers. 3.1 Economic Development 3.1.1.2 Update and expand infrastructure—while this section of the 2030 Plan is focused on commercial and industrial uses, the development of Mount Alice Estates will allow small scale marine related home businesses (example: a community resident charter boat captain that stores his boat at home at Mount Alice Estates Planned Unit Development). 3.2 Land Use 3.2.1 Promote residential development 3.2.1.2 Expand the opportunities for affordable, diverse, year-round housing through land use regulations. 3.3 Housing 3.3.1 Encourage development of new housing in Seward. 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups. Page 5 of 6 47 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 3.5 Port and Harbor Development 3.5.1 Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and implementation management plans. The proposed private docks and boat launch supports this goal. 3.9 Quality of Life 3.9.2.2 Preserve and protect the scenic views of the mountains and Resurrection Bay. The proposed development does not significantly impact to the slopes of Mt. Alice. 3.9.2.3 Preserve the quiet of residential neighborhoods. Timeline Development is anticipated to begin after breakup in the Spring of 2024 with Phase I completed within the next five years. Conclusion For the reasons illustrated above, we respectfully ask that the requests for the subdivision and conditional use permit for Mount Alice Estates Planned Unit Development, Phase I be granted as well as the variance requested for the private street. We also ask that the property be rezoned to Multi-family Residential District(R3). Page 6 of 6 48 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 on ec f 9, ZvZ 3 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of T 1S R 1W Sec 1 Seward Meridian SW E1/2 NE1/4 & Govt Lots 4 & 5 Excluding Nash Road ROW; physical address 1303 Nash Road, as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this J day of 2023. 49 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, u\fl. d herebycertify that I have posted a Y Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 on the property located at T IS R 1W Sec 1 Seward Meridian SW E1/2 NEi/4 & Goat Lots 4 & 5 Excluding Nash Road ROW; physical address 1303 Nash Road, the owners of which have petitioned for a Public Hearing to Rezone Mount Alice Estates, Pianned Unit Development, Phase 1, Lots 1-11 and Tracts B-D from a Resource Management Zoning District to a Multi-Family Residential Zoning District. The notice was posted on (� d-�� ) , which is days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this day of , 2023. l , Signature 50 Planning and Zoning Agenda Statement Meeting Date: January 9, 2024 To: Planning and Zoning Commission Through: Courtney Bringhurst, Acting Community Development Director From: Applicant Agenda Item: Resolution 2024-004: Granting a Conditional Use Permit to Resurrection Bay Investments LLC to Implement a Planned Unit Development, Including the Development of Streets, Utilities, Dwellings, and Residential Docks, on Lots 1-11 and Tracts B-D, Mount Alice Estates Planned Unit Development, Phase 1; Within a Multi-Family Residential (R3) Zoning District Background and justification: Attached for the Commission's review is a Conditional Use Permit (CUP) application submitted by Ken and Jonathon Lang on behalf of Resurrection Bay Investments LLC for a planned unit development on a portion of the property currently located at 1303 Nash Road. According to the land uses allowed table in Title 15.10.226,a planned unit development is allowed with an approved conditional use permit in a multi-family residential zoning district(R3). The planned unit development would be implemented on Lots 1-11 and Tracts B-D, designated by the preliminary plat for Mount Alice Estates Planned Unit Development, Phase 1. As defined in Seward city code, a planned unit development is "a land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise by individually permitted." Since access to city water and sewer are not within reasonable distance to this subdivision, a conditional use permit for a planned unit development has been required in order to allow the developer to install private wells and septic on each lot. The subdivision agreement, which is required with the creation of the subdivision, will detail the specific installation requirements the developer must comply with for the wells and septic. Roads will be constructed according to city requirements but will be gated and privately maintained. Electricity will be installed according to city requirements. The developer has also requested that this CUP grant the future property owners within the subdivision permission to construct private, residential docks. Private, residential docks are not currently listed within the land uses allowed table within code and would thus require a conditional use permit. Under the definition of a planned unit development, the development may include "other site features and improvements some of which may not otherwise be individually permitted." The granting of this CUP would allow the construction of private, residential docks in accordance with the requirements outlined in this CUP as well as any other requirements by local, state or national authorities. 51 The applicant has complied with all the public hearing requirements of Seward city code §15.01.040. Surrounding Land Use and Zoning: Development Requirements: All development within this planned unit development will comply with Seward city code. Surrounding Land Use: The north, east, and south sides of the property are zoned Resource Management, vacant, and owned by the State of Alaska or the City of Seward. Tidelands are located to the west, and to the northwest is located Industrial zoned property and an excavation business. Floodplain Status: The southern portion of Tract B and the western edges of Lots 5-11 and Tract C, all south of Nash Road, are located within a mapped FEMA flood zone (VE). A VE designated flood zone is a coastal area with a 1% or greater chance of flooding and an additional hazard associated with storm surges. These areas have a 26%chance of flooding over the life of a 30-year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones. There is sufficient space on all these parcels to place development outside of the flood zone. However, any development occurring within the flood zone will require additional permitting. Utilities: The developer is planning on installing wells and on-site sewage disposal systems. The developer will work with the Electric department to appropriately connect the subdivision to electric lines. Parking: Any businesses or residences built within the planned unit development will be required to meet the parking requirements in Title 15.10.215. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.2.1 —Promote residential and commercial development Plan: within the city of Seward and its vicinity in accordance with community values. Vol 1, Chapter 3.2.1.2 — Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations. Vol 1,Chapter 3.3.1—Encourage development of new housing in Seward. Vol 1, Chapter 3.3.1.1 — Support a range of housing choices that meet the needs of people in various income and age groups Strategic Plan: N/A Staff Comments Department Comments No N/A Comment Building Department Civil engineering for the sites 52 and structures Fire Department Roads need to meet Borough standards for width, turnarounds, and access for emergency vehicles Public Works Roads should be built to current Department standards in code Harbor Department Tidelands need to be platted into a separate parcel and a lease agreement established with the City before private docks can be constructed Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed Conditional Use Permit 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 no public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommended Conditions 1. The applicant shall work with the Building Official through the building permit process for the construction of all structures within the planned unit development. a. Civil engineering shall be required for the sites themselves as well as the proposed structures to be built before a building permit will be issued. 2. All buildings shall install a fire suppression system adequate for the use of the building (i.e. a residential building would require a residential grade fire suppression system). 3. The surveyor shall submit the results of the ground water testing to the City prior to the approval of a subdivision agreement. 4. The installation of all utilities, including wells and septic must comply with the requirements outlined in the subdivision agreement. 5. The individual property owners within the planned unit development will be responsible for the maintenance and upkeep of the private road. 6. Access to the gated,private road must be given to the Fire Chief and Police Chief. 7. All roads shall meet borough standards for width, turnarounds, and access for emergency vehicles. 8. Construction of private, residential docks will require: a. The portion of the tidelands being used for the docks must be platted into a separate parcel. b. A lease agreement between the city and the property owners must be approved by the Harbor Master and City Council. c. A building permit must be obtained, and engineered plans for the docks must be submitted to the Building Official. 53 d. A floodplain permit must be obtained. e. All other requirements by local, state, or national authorities must be met. 9. Per Seward City Code §15.10.325(f). an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented, a building permit obtained, or other definitive steps taken to begin implementation of the planned unit development. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 10. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Recommendation Commission approve Resolution 2024-004, granting a conditional use permit to Resurrection Bay Investments LLC to implement a planned unit development, including the development of streets, utilities, dwellings, and residential docks, on Lots 1-11 and Tracts B-D, Mount Alice Estates Planned Unit Development, Phase 1; within a multi-family residential (R3) zoning district. 54 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-004 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD,ALASKA, GRANTING A CONDITIONAL USE PERMIT TO RESURRECTION BAY INVESTMENTS LLC TO IMPLEMENT A PLANNED UNIT DEVELOPMENT, INCLUDING THE DEVELOPMENT OF STREETS, UTILITIES, DWELLINGS, AND RESIDENTIAL DOCKS, ON LOTS 1-11 AND TRACTS B-D, MOUNT ALICE ESTATES PLANNED UNIT DEVELOPMENT, PHASE 1; WITHIN A MULTI-FAMILY RESIDENTIAL(R3) ZONING DISTRICT WHEREAS,Ken and Jonathon Lang have submitted a conditional use permit application on behalf of Resurrection Bay Investments LLC for the construction of a planned unit development on lots 1-11 and tracts B-D located within the Mount Alice Estates Planned Unit Development, Phase 1 preliminary plat; and WHEREAS,a planned unit development is"a land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise by individually permitted"; and WHEREAS, a planned unit development is allowed in a multi-family (R3) zoning district with an approved conditional use permit; and WHEREAS, access to city water and sewer are not within reasonable distance to this subdivision; and WHEREAS, a conditional use permit for a planned unit development has been required in order to allow the developer to install private wells and septic on each lot; and WHEREAS, the road within the planned unit development will be gated and privately maintained; and WHEREAS, all utility and infrastructure development with the planned unit development will abide by the requirements detailed in the subdivision agreement; and WHEREAS,the developer has requested permission to construct private,residential docks in the tidelands to the west of the planned unit development; and WHEREAS,private,residential docks are not currently listed within the land uses allowed table within code and would thus require a conditional use permit; and 55 CITY OF SEWARD,ALASKA RESOLUTION 2024-004 WHEREAS, a planned unit development may include "other site features and improvements some of which may not otherwise be individually permitted." WHEREAS, this CUP would allow the construction of private, residential docks in accordance with the requirements outlined in this CUP as well as any other requirements by local, state or national authorities; and WHEREAS, city staff have met multiple times to discuss this project, and have provided input on what should be required in order to ensure that the development meets city code; and WHEREAS, the applicant has complied with all the public hearing requirements of Seward city code §15.01.040. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission,that: Section 1.According to SCC 15.10.320.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: According to the Land Use Allowed Table, §15.10.226, a planned unit development is allowed within a multi-family (R3) zoning district with an approved conditional use permit. B. The value ofadjoining property will not be significantly impaired. Finding: This condition has been met. The proposed use is congruent to the surrounding land uses. Currently the land is vacant and offers very little value to the adjoining properties except in its potential to be developed. The proposed construction on this parcel will add value to the adjoining properties by providing additional residences to the City of Seward, and encouraging the further development of the land to the north and south. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The proposal is in harmony with the Seward 2030 Comprehensive Plan (2017) and Strategic Plan (1999) Seward Comprehensive Plan (approved by Council,May 30, 2017) Vol 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 3.2.1.2—Expand the opportunity for affordable, diverse,year-round housing through appropriate land use regulations 56 CITY OF SEWARD,ALASKA RESOLUTION 2024-004 Vol 1, Chapter 3.3.1 —Encourage development of new housing in Seward Vol 1, Chapter 3.3.L I —Support a range of housing choices that meet the needs of people in various income and age groups Strategic Plan (1999) "Develop infrastructure expansion plans for currently undeveloped residential and commercial property" (Page 5 & 10). "Encourage construction of residential and seasonal housing at all market levels" (Page 9) D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met.All public services and facilities will be installed according to requirements established in a subdivision agreement that will be signed by the developer. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. All construction will require a building permit and will abide by International Fire Code and International Building Code. Access to the private, gated community will be granted to the Police and Fire Chief in order to provide emergency services in a timely manner. All buildings will be required to install a fire suppression system to allow adequate time for occupants to evacuate a building in the case of a fire due to distance from the fire station and lack of fire hydrants within the community. F. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use, and other similar aspects related to the proposed use. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. The applicant shall work with the Building Official through the building permit process for the construction of all structures within the planned unit development. a. Civil engineering shall be required for the sites themselves as well as the proposed structures to be built before a building permit will be issued. 2. All buildings shall install a fire suppression system adequate for the use of the building (i.e. a residential building would require a residential grade fire suppression system). 3. The surveyor shall submit the results of the ground water testing to the City prior to the approval of a subdivision agreement. 57 CITY OF SEWARD,ALASKA RESOLUTION 2024-004 4. The installation of all utilities, including wells and septic must comply with the requirements outlined in the subdivision agreement. 5. The individual property owners within the planned unit development will be responsible for the maintenance and upkeep of the private road. 6. Access to the gated,private road must be given to the Fire Chief and Police Chief. 7. All roads shall meet borough standards for width, turnarounds, and access for emergency vehicles. 8. Construction of private, residential docks will require: a. The portion of the tidelands being used for the docks must be platted into a separate parcel. b. A lease agreement between the city and the property owners must be approved by the Harbor Master and City Council. c. A building permit must be obtained, and engineered plans for the docks must be submitted to the Building Official. d. A floodplain permit must be obtained. e. All other requirements by local, state, or national authorities must be met. 9. Per Seward City Code §15.10.325(f). an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented, a building permit obtained, or other definitive steps taken to begin implementation of the planned unit development. The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 10. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use to no longer conform to the standards for its approval. b. To implement a different development plan conforming to the standards for its approval. c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 1, Subsections A through F are met by the applicant, and authorizes the administration to issue a conditional use permit to Resurrection Bay Investments LLC to implement a Planned Unit Development on Lots 1-11 and Tracts B-D, Mount Alice Estates Planned Unit Development, Phase 1; within a multi-family residential zoning district. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320: Conditional Use Permits and authorizes the administration to issue a conditional use permit. Additionally,the administration shall periodically confirm the use conforms to the standards of its approval. Nonconformance to these above stated conditions shall be grounds for revoking the Conditional Use Permit. 58 CITY OF SEWARD,ALASKA RESOLUTION 2024-004 Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 9th day of January, 2024. THE CITY OF SEWARD,ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 59 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 CITY OF SEWARD Community Development P.O.Box 167 410 Adams Street 907.224.4048- Director Seward,Alaska 99664 907.224.4020- Planner 907.224.4049- Planning Assistant CONDITIONAL USE PERMIT 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 $330 nonrefundable filing fee. In addition, please provide an as-built survey if the property has been developed or a scaled site plan with elevations if the property is undeveloped. Applicant: Resurrection Bay, LLC; Iris Darling, Manager Address: P.O. Box 149, Seward, Alaska 99664 Telephone Number: (907) 205-1475 Email: irisdarling@hotmail.com Property Owner(if other than applicant): Address: Telephone Number: Email: Property Description Address: 1303 Nash Road Lot size: 30.90 Acres Lot: Block: Subdivision: Mount Alice Estates (proposed) Kenai Peninsula Borough Tax Parcel ID Number: a portion of 14517007 Development Information What structures are on the property? None How is the property being used? Vacant What is the proposed use of the property? Residential with water access What is the development timeline?Build-out of Phase I within the next 5 years. Please note that prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit, it shall be established that the proposed use satisfies the following conditions of Seward City Code 15.10.320 (See the attached pages for specific City Code requirements) 60 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. Multi- Family Residential (R3) see tile attached B) Describe any impacts to the adjoining properties and how property values may be affected. See tile attelelled 112111,21five. C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: http://www.cityofseward.us/ D) Describe / list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.) None. E) The proposed project or use must not be harmful to the public health, safety and welfare. Describe any mitigation measures that may be needed to protect the public health, safety and welfare. See the cittached narrati've. F) Include building elevation plans and a site plan, drawn to scale. The site plan should include: 1) Property dimensions Z 2) Location and dimensions of existing and planned buildings 3) Parking configuration 4) Driveways and access 5) Natural features 6) Other pertinent information 61 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge and that I have the following legal interest in the property: Owner of record understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. DocuSigned by: Applicant Signature: g� 14E�$c��igned t Property Owner Signature: Enclosed: $330 Payment Dimensioned plot plan /drawings Other: 62 Lang & 'so' L ine. Registered Pr sional ors 11500 Daryl Avenue Anchorage,Alaska 515-304 (907)522-6476anin n t i�n(a�langsurvey.co travis@langsurvey.com Mount Alice Estates Mount Alice Estates Planned Unit Development, Phase 1 09 November 2023 On behalf of Resurrection Bay Investments LLC we present you with this plan for Mount Alice Estates Planned Unit Development, Phase I. This plan asks for a subdivision, a rezone of the property, and a conditional use ep rmit for a planned unit development with a private roadway. Overview The contiguously owned property is 107.2 acres bisected X by Nash Road. Mount Alice �•.,_.._.._..-�.- ..=. ._ -• a -•• =� y Estates, Phase I is a planned unit development with 11 lots, and 3 a' ` tracts, with a private roadway ' y� tract south of Nash Road; and a � single tract, north of Nash Road, ' � reserved for future development. There is also another 80 acres owned by Resurrection Bay Investments LLC to the north of this project that is not included in this phase of the subdivision and is reserved for a subsequent phase of development. 63 Surrounding uses The property is bordered on the east side by the Seward City Limits. The properties to the north, east, and south are all zoned Resource Management(RM) and are owned by either the State of Alaska or the City of Seward. Tidelands lay immediately west of Tract C and Lots 5 through 11. The property to the west of Tracts A& B is zoned Industrial (I). / 5eward0tyl-irn its J ti zoningOnline lj� Rural Residential Single Family Res.dentiaG -wo Family Residential Y t Mu It Fam-ly Residential 1,Iban Residential Dffice Residential -arbor Commercial THIS Aato Commere al PROJECT Central Business i7 strict Industrial Institutional Park J{y. Resource Management Rezone Through this action we propose to rezone the property from Resource Management(RM) to Multi- family Residential District(R3). R3 is "intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi-family residences from undesirable effects." Seward Code 15.05.025.13.4—Multi-family residential district(R3). The portion being rezoned is approximately 30.90 Acres (exclusive of the proposed road), and the property is currently zoned Resource Management, "Lands which are generally undeveloped and cannot be precisely zoned due to inadequate information..." (15.05.025.13.13). Page 2 of 5 64 Subdivision The proposed subdivision is 11 lots, 4 tracts, and 1 private roadway tract. Tract A is reserved for future development. Tract B is intended for a residential condominium. Tracts C and D could be developed as condominiums or as apartments or other larger residential Trod, A 7.Y�'IAff R/. structures. Lots 1 through 11 are - intended for residential use. Eagle Run Circle will be an access Trao tract, owned and maintained by the G1.163•i. home owner's association of the 't proposed Planned Unit Lat 1 i 4 -Development. Lot 2 LVI ro All lots south of Nash Road are l.el 9 1MA43-F. intended to have water access. 6%3 S. LOf UA 4 Conditional Use Permit Lot , The conditional use permit for a UV.41 Planned Unit Development will allow a gated private road for Mount Alice Estates Planned Unit Development. Yrad c The conditional use permit will allow for a private boat launch and private docks along the more than 2900 feet of tideland frontage along Resurrection Bay, to be coordinated with the Seward Harbormaster. Seward Code 15.10.130—Unlisted Uses states "Unlisted uses may be allowed within a district upon Page 3 of 5 65 written decision by the commission provided that each unlisted use meets all the following conditions: 1. The use is not specifically permitted in any other district; 2. The use is not more appropriate in another district; and 3. The use is consistent with the purpose of the district in question, and is similar to other uses permitted outright." Private residential docks are not addressed by Seward Code. Docks are allowed in Harbor Commercial but the industrial intent of that zoning district conflicts with the residential neighborhood proposed. The use is consistent with the purpose of Residential Multi-family but is not a specific use within the ordinance. The developers will be constructing the required improvements but the intention, through the planned unit development, is for the roadway to be private. The roadway will be built to city specifications as required by code but will not be dedicated as public right-of-way. Private Water and Septic Systems Tile 14 explicitly states "The city shall provide water service within the city limits (14.10.010)". The property falls within the city limits. The nearest city water main is more than 2000 feet to the south at the Seward Marine Industrial Complex and it is impractical to extend either the city water or the sewer system to the site at this time. The intention is for each parcel to have a water well and an on-site septic system. The 2030 Comprehensive Plan Update The development's location on the outskirts of Seward does not negatively impact Seward's unique historic, small-town character. By meeting the development standards in Title 13, 14, 15, and 16 we are attaining the 2030 Plan goal of maintaining the health and safety of residents and visitors and enhancing the town's best features. The goals of the 2023 Plan noted below are either fulfilled by the proposed development or supported and encouraged for the proposed development: 2.2 Community Values 2.2.10 Land Development—the project meets the land development goals of the 2030 Plan by encouraging home ownership opportunities. 2.2.11 Economic Base—the project will provide a short term economic boost to the local economy during construction and year-round housing for the community workforce. The subdivided parcels and improvements will add to the local tax base. 2.2.12 Transportation Facilities -the project will use the exiting State of Alaska DOT&PF maintained Nash Road and the private roadway will be the responsibility of the Planned Unit Development home owner's association. Page 4 of 5 66 2.2.12.1 Traffic Management—the project will add an estimated 200 trips per day to Nash Road. The biggest impact being left turns from Eagle Run Circle on to Nash Road where subdivision residents may have to wait for southeast bound traffic. 2.12.12.3 Road construction—the private roadway will be maintained by the Mount Alice Estates home owner's association and will not be a burden to taxpayers. 3.1 Economic Development 3.1.1.2 Update and expand infrastructure—while this section of the 2030 Plan is focused on commercial and industrial uses, the development of Mount Alice Estates will allow small scale marine related home businesses (example: a community resident charter boat captain that stores his boat at home at Mount Alice Estates Planned Unit Development). 3.2 Land Use 3.2.1 Promote residential development 3.2.1.2 Expand the opportunities for affordable, diverse, year-round housing through land use regulations. 3.3 Housing 3.3.1 Encourage development of new housing in Seward. 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups. 3.5 Port and Harbor Development 3.5.1 Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and implementation management plans. The proposed private docks and boat launch supports this goal. 3.9 Quality of Life 3.9.2.2 Preserve and protect the scenic views of the mountains and Resurrection Bay. The proposed development does not significantly impact to the slopes of Mt. Alice. 3.9.2.3 Preserve the quiet of residential neighborhoods. Conclusion For the reasons illustrated above, we respectfully ask that the requests for the subdivision and conditional use permit for Mount Alice Estates Planned Unit Development, Phase I be granted as well as the variance requested for the private street. We also ask that the property be rezoned to Multi-family Residential District(R3). Page 5 of 5 67 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 on ec f 9, ZvZ 3 she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of T 1S R 1W Sec 1 Seward Meridian SW E1/2 NE1/4 & Govt Lots 4 & 5 Excluding Nash Road ROW; physical address 1303 Nash Road, as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this J day of 2023. 68 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE z n' C , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 for the property located at T IS R 1W Sec 1 Seward Meridian SW E1/2 NE1/4 & Go►►t Lots 4 & 5 Excluding Nash Road ROW; physical address 1303 Nash Road, the owners of which have petitioned for a Public Hearing for a Conditional Use Permit to develop a Planned Unit Development, which will include the private development of streets, utilities and residential docks within a Multi-Family Residential (R3) Zoning District �h The notice was posted onCG , which iso days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this day of vv -m60-r2023. Signature 69 Planning and Zoning Agenda Statement Meeting Date: January 9, 2024 To: Planning and Zoning Commission Through: Courtney Bringhurst, Acting Community Development Director From: Courtney Bringhurst, Acting Community Development Director Agenda Item: Resolution 2024-005:Recommending the City Council Amend Seward City Code 15.10.226(C)(7)—Requirements for Mobile Vendors Background and justification: The City Clerk manages a mobile vendor program for the City of Seward. The program identifies various locations on city property where mobile vendors may pay a fee to reserve the spot during the summer months to sell food or other products. During the 2023 operating season, the City Clerk received feedback from multiple vendors that many of the designated locations were not ideal,and that the requirement to be completely removed from the site every night was onerous. On November 21, 2023, the Planning and Zoning Commission had a work session with the City Clerk and Parks and Recreation Director in attendance to discuss this feedback from the mobile vendor operators and evaluate how code could be updated to better support the mobile vendor program, while still maintaining order and structure. The Commission was in favor of striking number 7 under 15.10.226(C)which states that"Mobile vendor vehicles or carts may not remain in place overnight or in City parking lots." The effect of this legislation would be to allow mobile vendors to remain set up in their designated spot for the duration of time allowed on their mobile vendor permit for the summer season.It would also allow the City Clerk to establish mobile vendor locations within city parking lots.City code still requires that a mobile vendor must be self-contained within the 10'x20' site regardless of the length of time it is set up in one location. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive 3.1.1.1 —"Promote seasonal and year-round tourism." Plan: 3.1.1.4—"Support private sector business, employment, and programs." Strategic Plan: N/A Other: N/A 70 Recommendation Commission approve Resolution 2024-005 recommending City Council amend Seward City Code 15.10.226(C)(7), Requirements for Mobile Vendors. 71 Sponsored by: Staff CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-005 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL AMEND SEWARD CITY CODE 15.10.226(C)(7) — REQUIREMENTS FOR MOBILE VENDORS WHEREAS, the City Clerk manages the mobile vendor permitting process and many of the mobile vendor locations are on land managed by the Parks and Recreation department; and WHEREAS, throughout the summer of 2023, the City Clerk received feedback from multiple mobile vendor operators that various locations were not functioning well, and that the requirement in City Code for mobile vendors to completely be removed from their location every night was creating a burden on their business operation; and WHEREAS, on November 21, 2023 the Planning and Zoning Commission held a work session with the City Clerk and Parks and Recreation Director in attendance to discuss these aspects of the mobile vendor program; and WHEREAS, in reviewing the proposed new locations for the mobile vendors, the Commission supported having a few locations in the Harbor parking lots, and one centralized location at the Wellington pavilion pad; and WHEREAS,the Commission felt that requiring mobile vendors to be completely removed from their site every night was onerous, and that other language already in code would maintain sufficient order and cleanliness on a mobile vendor site even if the vehicle was left set up for the duration of the summer season. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission,that: Section 1. The Commission recommends Ordinance 2024-XXX attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 9t"day of January, 2024. THE CITY OF SEWARD,ALASKA Clare Sullivan, Chair 72 CITY OF SEWARD,ALASKA RESOLUTION 2024-005 AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 73 Sponsored by: Planning and Zoning Introduction: January 22, 2024 Public Hearing: February 12, 2024 Enactment: February 12, 2024 CITY OF SEWARD,ALASKA ORDINANCE 2024-XXX AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE 15.10.226(C)(7) —REQUIREMENTS FOR MOBILE VENDORS WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, the City Clerk manages the mobile vendor permitting process and many of the mobile vendor locations are on land managed by the Parks and Recreation department; and WHEREAS, throughout the summer of 2023, the City Clerk received feedback from multiple mobile vendor operators that various locations were not functioning well, and that the requirement in City Code for mobile vendors to completely be removed from their location every night was creating a burden on their business operation; and WHEREAS, on November 21, 2023 the Planning and Zoning Commission held a work session with the City Clerk and Parks and Recreation Director in attendance to discuss these aspects of the mobile vendor program; and WHEREAS, in reviewing the proposed new locations for the mobile vendors, the Commission supported having a few locations in the Harbor parking lots, and one centralized location at the Wellington pavilion pad; and WHEREAS,the Commission felt that requiring mobile vendors to be completely removed from their site every night was onerous, and that other language already in code would maintain sufficient order and cleanliness on a mobile vendor site even if the vehicle was left set up for the duration of the summer season; and WHEREAS, on January 9, 2024 the Planning and Zoning Commission approved Resolution 2024-005 recommending City Council amend Title 15.10.226(C)(7). NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 15.10.226(C)(7) is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 74 CITY OF SEWARD,ALASKA ORDINANCE 2024-XXX 15.10.226 Land uses allowed. A. Table 15.10.226 Land Uses Allowed is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter(See Table 15.10.226) B. Lodging as defined in section 15.10.140B. is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: 1. Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the City shall conduct an annual life safety inspection of each guest room to assure compliance with the current adopted building code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. 2. The application for an annual administrative permit shall be accompanied by a fee established by City Council resolution. A fee will be issued for each separate, advertised, rentable lodging unit. 3. Before any permit is issued, the applicant shall furnish evidence of the existence of one or more policies of insurance, issued by an insurance company satisfactory to the City,providing insurance coverage for lodging. Policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to the cancellation, expiration, lapse or other termination of the insurance coverage. 4. Parking will be provided in accordance with section 15.10.215 of this chapter. 5. No cooking or cooking facilities are permitted in individual guest bedrooms. 6. Within principally residential districts RR, R1, R2, R3, UR lodging is limited to a home occupation within an owner-occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of three. 7. Within principally residential districts R2, R3, UR, lodging in multifamily dwellings is limited to not more than 50 percent of the dwelling units with one of the units being the owner's principal place of residence. 8. Within commercial districts lodging within a dwelling unit is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. 9. Within principally commercial districts OR, AC, HC, and CB, excluding the Industrial zoning district, multifamily dwellings used for lodging purposes are not required to be the business or property owner's principal place of residence. The use shall be limited to not more than five dwelling units. 75 CITY OF SEWARD,ALASKA ORDINANCE 2024-XXX 10. The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. 11. Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. C. Mobile vendor as defined in section 15.10.140(B)(98) Vending (C) of this chapter and which are allowed in accordance with table §15.10.225 are subject to the following development requirements: 1. An application for a mobile vendor must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. 2. Mobile vendors may operate at designated locations, by permit. Policies and procedures shall be set by resolution of the City Council. 3. The City police department has the right to close down a mobile vendor if vending is causing or contributing to an imminent public safety hazard. 4. No mobile vending shall take place on public property between the hours of 10:00 p.m. and 6:00 a.m. unless otherwise posted. 5. A mobile vendor may only offer, for sale, the following types of goods and services on public property: food and/or non-alcoholic beverages; handicrafts, artwork,jewelry or similar goods or firewood. 6. Licenses. In addition to complying with City of Seward ordinances related to mobile vendors and applicable regulations, the owner and operator is responsible for applying for and obtaining all other necessary licenses and satisfying the standards of the City permit conditions. ,a„ g 1 S 7 8- Mobile vendor vehicles must be self-contained when operating, except for the required trash and or recycling receptacles, which shall be in a safe location and in no event shall impede the free movement of automobiles or pedestrians, within their permitted lot or space. g -9- Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked in spaces parallel to City sidewalks. 9 4� It shall be unlawful for a vendor to attract customers by hawking or physically accosting persons. 10 44- Each mobile vendor vehicle shall provide the City with a certificate of insurance to cover public liability in the standard amount set by City policy. 76 CITY OF SEWARD,ALASKA ORDINANCE 2024-XXX Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. 11 4-2, Any mobile vendor base station shall be properly licensed. 12 4-3- Mobile vendors shall comply with all City code,policy and procedures. Failure to adhere to the regulations for mobile vendors is cause for revocation or suspension of the license/permit by the City Clerk. 1344, Mobile vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. D. Roving vendor as defined in section 15.10.140 B 98 (e) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: 1. Roving vendors shall not vend on any public street where the legal speed limit exceeds 25 miles per hour, or on Fourth Avenue between Port Avenue and Van Buren Street, and also excluding that portion of Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. 2. Roving vendors shall not vend on any public street before 6:00 a.m. or after 10:00 p.m., unless otherwise posted. 3. Roving vendors shall vend only when the vehicle is lawfully parked and completely stopped. 4. Roving vendors shall vend on public streets from the side of the vehicle away from moving traffic, and within one foot of the curb or edge of the street. 5. Roving vendors shall not vend or permit the vehicle to stand in one place in any public place or street for more than 30 minutes or in front of any premises for any time if the owner or lessee objects. 6. An application for a roving vendor vehicle must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. 7. The City police department has the right to close down or request a roving vendor to relocate if vending is causing or contributing to an imminent public safety hazard. 77 CITY OF SEWARD,ALASKA ORDINANCE 2024-XXX 8. In addition to complying with City ordinances and permit conditions related to roving vendors, the owner and operator is responsible for applying for and obtaining all other necessary licenses required for the service of food. The roving vendor vehicle shall be in compliance with the motor vehicle laws of the state, and the roving vendor vehicle owner is responsible for complying and verifying that a specific location or route does not violate dity zoning code. 9. Roving vendors shall comply with all traffic rules. 10. Each roving vendor vehicle must provide the City with a certificate of insurance to cover public liability in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. 11. Any roving vendor base station must be properly licensed. 12. Roving vendors shall comply with City code,policy and procedures. Policies and procedures shall be set by resolution of the City Council. Failure to adhere to the regulations for roving vendors is cause for revocation or suspension of license permit by the City Clerk. 13. Roving vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. E. Transient merchants as defined in section 15.10.140B. of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: 1. For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding 150 consecutive days in a calendar year. 2. Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 150 days. 3. Transient merchants shall provide for the concealed storage of all inventory, supplies, equipment and other materials brought to the site in connection with the business conducted there. 4. Transient merchants using vehicles and trailers in the operation of transient business activities authorized by this chapter shall ensure that the area of operation meets the required setbacks as provided by section 15.10.220. In no 78 CITY OF SEWARD,ALASKA ORDINANCE 2024-XXX case shall the allowed area of operation be less than five feet from any property line,permanent structure or other transient merchant. 5. Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer. 6. Any additions, including, but not limited to,porches,platforms and decks, shall be sided or painted to match or complement the vehicle or trailer prior to operation. 7. Every transient merchant shall provide sufficient trash receptacles on-site and ensure the proper disposal of all garbage collected on the site. 8. The use of generators is prohibited. 9. No transient merchant shall conduct business on property owned or operated by the City except in accordance with chapter 8.10 of this Code. 10. Transient merchants shall conform to all federal, state and local laws. F. Reserved. G. Livestock as defined in section 15.10.140B. are allowed in accordance with table 15.10.225 of this chapter subject to the following: 1. Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits). 2. Livestock fencing shall be no closer than five feet from a property line. 3. A City-approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or streams. 4. A City-approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. 5. Up to five chickens (hens) or rabbits are allowed in accordance with table 15.10.225. 6. Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. 7. Chickens or rabbits are not allowed on lots with more than one dwelling unit. H. Marijuana establishments as defined in section 15.10.140.B.53 are allowed in accordance with table 15.10.225 of this chapter subject to the following: 1. The facility owner or operator has submitted a license application to the State of Alaska for the corresponding type of marijuana establishment prior to operation, and maintains a current license from the state at all times the facility is in operation. 79 CITY OF SEWARD,ALASKA ORDINANCE 2024-XXX 2. Marijuana establishments shall not to be located within 500 feet of the entrance of any building where religious ceremonies are regularly held, a correctional facility, recreational facility or youth center licensed by the state or local government, or within 1,000 feet of any school. The distance specified in this subsection must be measured by the shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the outer parcel boundaries of the school, recreation or youth facility or to the main public entrance of the building in which religious services are regularly held, or the correctional facility. The burden of proof demonstrating that the facility meets the required separation distances is the responsibility of the marijuana establishment owner or operator. 3. In this title, standard or limited marijuana cultivation facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes are classified as a Greenhouse(s)/Commercial, except that a limited marijuana cultivation facility as an accessory use secondary to a residence may be classified as a Home Occupation use. 4. In this title, a marijuana testing facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as an Office- Business or Professional use. 5. In this title, a marijuana product manufacturing facility or a marijuana concentrate manufacturing facility using hazardous materials in the manufacturing process and meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Manufacturing - Heavy use. Facilities not using hazardous materials in the manufacturing process are classified as a Manufacturing, Light use. 6. In this title, a retail marijuana store meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Business - Retail Sales and Service use. I. Camping is allowed subject to the following: 1. Camping for a fee shall be allowed within the City limits only in municipal campgrounds, as defined in section 7.15, or in private camper parks operating under a permit, as defined in section 8.15. 2. Other than permitted camper parks, camping on privately owned lots as an accessory use to an occupied, single family home is limited to private non- commercial use and for no fee. Such occupancy shall be limited to one camping unit at a time and shall be for recreational or vacationing purposes only. Camping as provided in this section shall not occur earlier than April 15th and no later than September 30th 80 CITY OF SEWARD,ALASKA ORDINANCE 2024-XXX J. Employee Campgrounds are allowed in accordance with table 15.10.226 of this chapter subject to the following: 1. Employee campgrounds are for established businesses with high seasonal employment of transient workers, and are not to be construed as construction camps. No employee campground may be open for more than 180 days per calendar year, and may not open earlier than April 15, nor remain active later than September 30, except by resolution of the City Council based on specific findings that a longer term, earlier opening date and/or later closing date is warranted because of special circumstances. 2. Camping units as described in [section] 15.10.140 are not permitted. For the purposes of this section, a camping unit is described as a modified camping Connex,providing living facilities for one or more persons. 3. Occupancy in an employee campground is limited to the transient workers of that industry or business granted a conditional use permit. 4. Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee campgrounds. 5. Sanitary facilities shall be provided and include either permanent or portable toilets on-site. If permanent facilities are constructed, they shall conform to section 8.15.425(b). Shower facilities shall be provided and may either be on- site in conformance with section 8.15.425(b), or provided on the job site of the employer. 6. The requirements for spacing shall be at least ten feet clear space between camping units. Camping units, other than those being used for living accommodations, shall not be parked within the campground area proper. (Ord. 626, § 3, 1989; Ord. 633, §§ 3, 4, 1990; Ord. 639, 1991; Ord. 90-2; Ord. 91-1; Ord. 91-04; Ord. 92-02; Ord. 94-11; Ord. 94-25; Ord. 95-07; Ord. 95-13; Ord. 95-17; Ord. 96- 05; Ord. 97-13; Ord. 98-09, § 4; Ord. No. 2012-002, § 1; Ord. No. 2014-004, § 1; Ord. No. 2016-005, § 3; Ord. No. 2018-004, § 1; Ord. No. 2022-003, § 1, 1-24-2022; Ord. No. 2022-016, § 2, 1-9-2023) Editor's note(s�--Ord. No. 2018-004, § 1, adopted § 1, 7-9-2018 renumbered § 15.10.225, to § 15.10.226, as herein set out. Section 2. This ordinance shall take effect immediately upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA the 12th day of February, 2024. 81 CITY OF SEWARD,ALASKA ORDINANCE 2024-XXX THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 82 Planning and Zoning Agenda Statement Meeting Date: January 9, 2024 To: Planning and Zoning Commission Through: Courtney Bringhurst, Acting Community Development Director From: Courtney Bringhurst, Acting Community Development Director Agenda Item: Resolution 2024-006:Recommending City Council Approval of the Planning and Zoning Commission Priorities for January 2024 to January 2025 Background and justification: Under the direction of the City Council,the Planning and Zoning Commission establishes priorities annually. During discussions throughout 2023 and especially at the end of the year while the Commission reviewed the Municipal Lands Management and Inventory Plan, the Commission discussed and updated their priorities for 2024. The attached Resolution contains the updated priorities meant to guide the Planning and Zoning Commission during the year 2024. Intent: To establish the 2024 Planning and Zoning priorities and recommend the City Council's approval of those priorities. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive The priorities of the Commission are based on the goals and objectives Plan: established in the Comprehensive Plan. Strategic Plan: N/A Other: Recommendation Community Development Department staff recommend approval of Resolution 2024-006 approving the Planning and Zoning Commission Priorities for January 2024 to January 2025. 83 Sponsored by: Staff CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-006 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD,ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE PLANNING AND ZONING COMMISSION PRIORITIES FOR JANUARY 2024 TO JANUARY 2025 WHEREAS, the Seward City Code §2.30.225(B) states that "the Commission shall act in an advisory capacity to the City Council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the City Council"; and WHEREAS,the Planning and Zoning Commission discussed their priorities during the review of the Municipal Lands Inventory and Management Plan at the end of 2023; and WHEREAS, City Council will address a resolution adopting these recommendations. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission,that: Section 1. The following list of priorities are hereby recommended to the City Council for approval: SHORT TERM (2024) SPECIFIC PRIORITIES • Through powers of the Commission, contribute and collaborate as needed to help be part of the solution for the housing issues that Seward is facing including recommending changes to the Muni Land Plan and Title 15. • 2030 Comprehensive Plan Review and Update Recommendations: Hold a public hearing to do a preliminary update identifying items that have been `completed' in the Comprehensive Plan. Hold work sessions to discuss a plan for carrying out a more extensive update to the Comprehensive Plan to be implemented by 2025. • Revise requirements for Conditional Use Permits: Create a higher standard for applications and approved developments and improve compliance. • Attend a joint work session with Seward Bear Creek Flood Board, Parks and Recreation, and Trout Unlimited Alaska: Discuss the NFWF Coastal Resiliency grant and its use in the waterfront restoration. 84 CITY OF SEWARD,ALASKA RESOLUTION 2024-006 ONGOING PRIORITIES • Review and make recommendations to update Title 15 as needed. (Title 15 is a living document and keeping it current is part of the role of Community Development and the P&Z Commission.) Topics to address this year include signs, height restrictions,parking, development standards, etc. • Review and update the Municipal Lands Inventory and Management Plan (MLIMP) to meet the current and future needs of the City of Seward. (Annual Review at Regular meeting in September.) • Promote public interest and understanding for the upcoming review process of the Comprehensive Plan (Different pieces of the comprehensive plan can be reviewed each year to help keep up to date before the official review every 10 years. Code requires that we have one public hearing on an annual basis and recommendations shall be forwarded to council for consideration.) • Look at current and future community needs to identify a wide range of strategies, including land use and zoning changes,to support the long-term vitality of the City. • Joint Work sessions with Seward Bear Creek Flood Board regarding city/borough projects: Lidar mapping, Flood mitigation, Airport, Second Avenue culvert project, Resurrection River, Japanese Creek, Lowell Canyon, Beach revitalization project (Annual Joint Work session) • Work with PACAB on the Seward Marine Industrial Center (SMIC) new zoning overlay and development plan (Annual Joint Work session) • Work with Historic Preservation Commission to develop methods to preserve the historic downtown (Annual Joint Work session) • Planning & Zoning Commissioner education and training (Annual trainings for both procedure and content) Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 9th day of January, 2024. 85 CITY OF SEWARD,ALASKA RESOLUTION 2024-006 THE CITY OF SEWARD,ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 86