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HomeMy WebLinkAbout02062024 Planning & Zoning Packet Planning & Zoning Commission Meeting Packet Regular Meeting Tuesday, February 6, 2024 Council Chambers, City Hall 7:00 p.m. 1963 1965 2005 The City of Seward,Alaska PLANNING & ZONING COMMISION II.' 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 February 6, 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 tinder Item 7. Consent Agenda items are not considered separately unless a commission member requests.In the event of such 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 January 9, 2024 Planning & Zoning Commission Meeting Minutes.....................................................................................Page 3 8. PUBLIC HEARINGS (Public hearing comments are limited to five (S)minutes per person.After all speakers have spoken, a person may speakfor a second time for no more than one(1)minute.) A. Resolutions Requiring Public Hearing -None 9. UNFINISHED BUSINESS Planning&Zoning Commission Meeting Agenda February 6,2024 11 P a g e A. Resolutions 1) 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-I I and Tracts B-D, Mount Alice Estates Planned Unit Development, Phase 1; Within a Multi-Family Residential (R3) Zoning District..........................................................................Page 9 (This Resolution was postponed from the January 9,2024 regular meeting) 10. NEW BUSINESS A. Resolutions -None B. Other New Business 1) Discuss work session topic for February 20, 2024. 11. INFORMATIONAL ITEMS AND REPORTS (No action required) A. Reminder of Meetings 1) Work session on February 20, 2024 2) Regular meeting on March 5, 2024. B. Other Items 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 February 6,2024 2 1 P a g e City of Seward,Alaska Planning&Zoning Commission Meeting Minutes January 9, 2024 Volume 8,Page CALL TO ORDER The January 9, 2024 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Clare Sullivan. OPENING CEREMONY Commissioner Nathaniel Charbonneau led the Pledge of Allegiance to the flag. ROLL CALL There were present: Clare Sullivan presiding, and Vanessa Vefhey Nathaniel Charbonneau Brenan Hornseth Sean Ulman Comprising a quorum of the Commission; and Courtney Bringhurst, Acting Community Development Director Clara Brown, Executive Planning Assistant Kris Peck, City Clerk Jodi Kurtz, Deputy City Clerk Excused—Vanessa Verhey Absent—None Vacancies- Two CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Hornseth) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the November 7, 2023 Planning and Zoning Commission Meeting Minutes SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards—None City Administration Report. 3 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes January 9, 2024 Volume 8,Page Acting Community Development Director Courtney Bringhurst hoped everyone had a wonderful holiday season. Bringhurst introduced Clara Brown as the new Executive Planning Assistant. The city also recently hired Danny Mueninck as the new Community Development Director and said he would be starting at the beginning of February. Other Reports and Announcements—None Presentations—None PUBLIC HEARINGS 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) Zoning District Motion (Charbonneau/Hornseth) Approve Resolution 2024-001 Bringhurst explained the owner was Seward City Tours who had recently purchased this property from the city. Bringhurst explained that the applicant had requested the zoning change from Institutional Zoning to Auto Commercial. The owner desired to build an automotive maintenance shop which required this rezone. In addition to the agenda statement, Bringhurst wanted to add that south of the rezone was a parcel that was still zoned Institutional. This property still belonged to the city and the intention was to also rezone it to Auto Commercial. Notice that the public hearing has been approved and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion Passed Unanimous 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 IS R 1 W Sec 1, Seward Meridian SW E %2 NE '/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 Motion (Charbonneau/Hornseth) Approve Resolution 2024-002 Bringhurst summarized the agenda statement in the packet and recommended approval of the resolution. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside city limits, spoke in opposition to Resolution 2023-002 and read from the written statement she had provided to the clerk and commission. 4 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes January 9, 2024 Volume 8,Page Clerk's Note- The Griswold letter is available on the Citv of Seward Legislative History site as a laydown. Iris Darling (telephonically) said she had owned the property for a long time and explored every angle of development. She was mindful of the eagles' nest and did not want to destroy the nest or detract from the beauty of Seward. Darling had met with engineers and surveyors, and they were considering every aspect involved with development. Darling said she would abide by all the rules and regulations of converting this land into housing for the community. No one else appeared and the public hearing was closed. Charbonneau said this resolution was a simple matter of dividing up the parcel. He felt that the Griswold laydown comments would be more applicable to the resolutions coming up next on the agenda. The Commission suspended the rules to ask the surveyors to speak to a question regarding the access gate to the subdivision. Professional Land Surveyor Jonathon Lang said he had no opposition to setting back the gate from the highway to create a turnaround area. However, he recommended adding these specifications into the subdivision agreement rather than the plat. Motion Passed Unanimous 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 Motion (Charbonneau/Hornseth) Approve Resolution 2024-003 Bringhurst summarized the agenda statement and recommended approval of the resolution. She said Iris Darling intended to develop this property for dwellings and residential use. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside city limits, encouraged the commission to make amendments to these resolutions, otherwise no changes would actually be made. Griswold stated how the Seward Code did not allow for split zoning. She spoke in opposition to Resolution 2024-003 and read from her written statement that was provided to the clerk and commission. Iris Darling (telephonically) said she explored all angles of this rezone and would listen to all the comments and try to do the best for Seward and the community. 5 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes January 9, 2024 Volume 8,Page No one else appeared and the public hearing was closed. The commission discussed why R3 zoning would be more beneficial than R1 zoning. There was also interest in getting a traffic study done for this development project. The commission suspended the rules to speak back and forth with Professional Land Surveyors Jonathan Lang and Ken Lang about the development. Motion Passed Unanimous 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-I I and Tracts B-D, Mount Alice Estates Planned Unit Development, Phase 1; Within a Multi-Family Residential (R3) Zoning District Motion (Charbonneau/Hornseth) Approve Resolution 2024-004 Bringhurst summarized the agenda statement and recommended approval of the resolution. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside city limits, had many concerns about a planned unit development that would allow for a gated community with a private road, private boat launch and private docks along the shore of Resurrection Bay. She spoke in opposition to Resolution 2024-004. Griswold read from her written statement that she provided to the clerk and commission. Rissie Casagranda, (telephonically) spoke as the real estate agent for Iris Darling. Casagranda wanted to rezone the property for higher usage and noted the R3 zone would be drastically surrounded by industrial zoning. No one else appeared and the public hearing was closed. The commission discussed the possible traffic study requirement. Resolution 2024-004 was amended in Section 1 (a)to read: Civil engineering will be required for each site. Motion (Sullivan/Charbonneau) Postpone This Resolution Until After The Commission Can Discuss This Resolution At The January 23, 2024 Work Session Motion to Postpone Approved Unanimous 6 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes January 9, 2024 Volume 8,Page 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 Motion (Charbonneau/Hornseth) Approve Resolution 2024-005 Bringhurst summarized the agenda statement and recommended approval of the resolution. This would come before City Council as an ordinance to allow mobile vendors to remain in place overnight. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one else appeared and the public hearing was closed. The commission discussed the resolution and felt there were no major issues to allow the vending carts to remain in their designated spots overnight. Motion Passed Unanimous UNFINISHED BUSINESS—None NEW BUSINESS 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 Motion (Charbonneau/Hornseth) Approve Resolution 2024-006 Bringhurst said one of the goals for 2024 was to revise requirements in city code for Conditional Use Permits. She also noted this year the commission would be attending a variety of group work sessions with Seward Bear Creek Flood Board, Parks & Recreation Department, and Trout Unlimited Alaska. On another topic, Bringhurst said there were many requests for the city to change the building height restrictions to accommodate 3-story buildings. The commission discussed the path forward to update the Comprehensive Plan. Motion Passed Unanimous Other New Business Items Discuss work session topic for January 23, 2024 The commission noted that their next Work Session would be to discuss the amended and postponed Resolution 2024-004. The secondary topic would be signage. INFORMATIONAL ITEMS AND REPORTS City of Seward,Alaska Planning&Zoning Commission Meeting Minutes January 9, 2024 Volume 8,Page 1) Work Session on Tuesday, January 23, 2024 at 6:00 p.m. 2) Regular Meeting on Tuesday, February 6, 2024 at 7:00 p.m. CITIZEN COMMENTS—None COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Ulman thanked everyone for attending the meeting tonight. He enjoyed public participation and it was important for the commission to hear these viewpoints.Ulman hoped there would be a good public turnout at the next work session. Hornseth thanked everyone for coming. He said it was nice to be back after the holiday break. Charbonneau thanked the administration for all their hard work and said hello to the new staff members in attendance. Sullivan thanked the commission for tackling these complicated topics. Not everyone would be pleased with the final decisions, but the commission made an effort to consider all viewpoints. Sullivan thanked city administration and the clerk's office for their assistance and response to her questions. Bringhurst thanked everyone for attending tonight and thanked the commission for delving into the public hearing items. She anticipated a lot of public interest in the planned unit development on Nash Road. Bringhurst noted the P&Z packets were now available on the city website and she was looking for other ways to increase public awareness of P&Z meetings. City Clerk Kris Peck echoed Bringhurst's comments about ramping up the city website in the wake of losing the Seward Journal. Also currently in the works was a subscription-based email service for receiving news and updates on city council, city departments and many other city related topics. ADJOURNMENT The meeting was adjourned at 8:35 p.m. Jodi Kurtz Clare Sullivan Deputy City Clerk Chair (City Seal) 8 Planning and Zoning Agenda Statement Meeting Date: February 6, 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. 9 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 pennitting. 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 10 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 I. 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. 11 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. 12 Sponsored by: Applicant Public Hearing: January 9, 2024 Postponed: January 9, 2024 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 13 CITY OF SEWARD,ALASKA RESOLUTION 2024-004 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 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 of adjoining 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. 14 CITY OF SEWARD,ALASKA RESOLUTION 2024-004 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.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 harniful 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. 15 CITY OF SEWARD,ALASKA RESOLUTION 2024-004 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. 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: 16 CITY OF SEWARD,ALASKA RESOLUTION 2024-004 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 revolving the Conditional Use Permit. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6"day of February, 2024. THE CITY OF SEWARD,ALASKA Clare Sullivan, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 17 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 CITY OF SEWARD Community Development P.0.Box 167 410 Adams Street 907.224.4048-Director Sex,vard,Alaska 99664 907.224.4020- Planner 907.224.4049- Plauininb 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) 18 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 the attached narrative. B) Describe any impacts to the adjoining properties and how property values may be affected. See the attaehed marratove. C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: http://www.citvofseward.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. F) Include building elevation plans and a site plan, drawn to scale. The site plan should include: 1) Property dimensions ❑� 2) Location and dimensions of existing and planned buildings 3) Parking configuration 4) Driveways and access 5) Natural features 6) Other pertinent information ❑✓ 19 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge and that I have the following legal interest in the property: Owner of record I understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. DocuSigned by: Applicant Signature: Property Owner Signature: dMQ Enclosed: $330 Payment Dimensioned plot plan /drawings Other: 20 Lang & soc' tes, inc. Registered Pr sional La d Surveyors 11500 Daryl Avenue Anchorage,Alaska 515-304 a (907)522-6476 1 an surve v.co Boa t an clan surve .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 en rmit for a planned unit development with a private roadway. Overview The contiguously owned property is 107.2 acres bisected by Nash Road. Mount Alice Estates, Phase I is a planned unit development with 11 lots, and 3 tracts, with a private roadway 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. 21 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). r 47 , Sewerd0tyLimits x , Zoning0rhir e Rural Residential Single Family Residentia4 Two Fam7iy Resldental Mult;Family Residential '- m •`'. L Urban Residential ✓' Office Res dental or i Harbor Commercial THIS Ix f Auto Commercial PROJECT a - Central Business D strict Industral I nstitutiona I : Park 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 22 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 Trout A structures. Lots 1 through 11 are intended for residential use. Eagle Run Circle will be an access Tract e tract, owned and maintained by the m"" LM t home owner's association of the proposed Planned Unit Lot t t Lot Z Development. et,,a, , Baas+.�. Lot 10 n .eeu All lots south of Nash Road are Lot 9 intended to have water access. '°.'n . Lot Lot 4 Conditional Use Permit Lat , The conditional use permit for a Tract o Lot 4 Planned Unit Development will allow a gated private road for .m, Mount Alice Estates Planned Unit Development. Tract 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 23 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 24 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 housingthrough hrough appropriate 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 rg oups. 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 BaX 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 25 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE & v,5 L-sfi , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on ; ec /8 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 -lk- day of 1 2023. 26 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE un" A 1, C L , 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 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, 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 The notice was posted on G� ) , which is 3'U 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 QV(ml"r2023. Signature 27