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HomeMy WebLinkAbout04022024 Planning & Zoning PacketRegular Meeting Tuesday, April 2, 2024 Council Chambers, City Hall 7:00 p.m. Planning & Zoning Commission Meeting Packet Planning & Zoning Commission Meeting Agenda April 2, 2024 1 | Page The City of Seward, Alaska PLANNING & ZONING COMMISION MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones and devices during the meeting Chair Vacant Vice Chair Vanessa Verhey Commissioner Nathaniel Charbonneau Commissioner Sean Ulman Commissioner Brenan Hornseth Commissioner Carol Griswold Commissioner Rhonda Hubbard Community Development Director Daniel Meuninck Planner Courtney Bringhurst Executive Assistant Clara Brown City Clerk Kris Peck April 2, 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 of such a request, the item is returned to the Regular Agenda. Marked with *.) 6.SPECIAL ORDERS, PRESENTATIONS, AND REPORTS A.Proclamations and Awards 1) Recognition of Clare Sullivan for her service on the Planning and Zoning Commission 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 February 6, 2024 Planning & Zoning Commission Meeting Minutes……...3 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 April 2, 2024 2 | Page 1) Resolution 2024-007, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending the City Council Amend Seward City Code 15.20 – Signs…………………………………………………………………………………..6 2) Resolution 2024-008, 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 No. 7, Lot 10A-2, Located at 905 Sea Lion Ave, from an Institutional (Ins) Zoning District to an Auto Commercial (AC) Zoning District………………………………………………………………….....…31 3)Resolution 2024-009, of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council approval of the Land Use Amendment to rezone two city owned properties located at 2301 Crabapple Street and 537 First Ave, to the recommended zoning stated in the Municipal Lands Inventory and Management Plan...............................................................................................................................39 9.UNFINISHED BUSINESS A.Resolutions - None 10.NEW BUSINESS A.Resolutions - None B.Other New Business 1)Nominate and select a Chair………………………………………………………......49 2)Nominate and select a Vice Chair…………………………………………………......49 3)Discuss work session topic for April 16, 2024. 11.INFORMATIONAL ITEMS AND REPORTS (No action required.) A.Reminder of Meetings 1) Work session on April 16, 2024 at 6:00pm. 2)Regular meeting on May 7, 2024 at 7:00 pm. 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 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes February 6, 2024 Volume 8, Page CALL TO ORDER The February 6, 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 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 (Charbonneau/Verhey) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the January 9, 2024 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 the Community Development office had been re-arranged and had a new main entrance. The new Community 3 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes February 6, 2024 Volume 8, Page Development Director Daniel Meuninck would be starting next Monday and he would attend the next Planning & Zoning meeting. Other Reports and Announcements – None Presentations – None PUBLIC HEARINGS -None UNFINISHED BUSINESS 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 (This resolution was amended and Postponed on the January 9, 2024 Meeting) Motion (Hornseth/Charbonneau) Approve Substitute Resolution 2024-004 provided as a Laydown The substitute Resolution 2024-004 was amended in Section F number 11 to read: All street lighting must provide direct downward illumination. A motion to postpone Resolution 2024-004 to April 2, 2024 failed. Main Motion as Amended Passed Unanimous NEW BUSINESS Other New Business Items Discuss work session topic for February 20, 2024 The work session topic would be a discussion of the Comprehensive Plan. Following the work session there would be an Appeal Hearing for Bear’s Den Alaska Lodging at 7:30 p.m. INFORMATIONAL ITEMS AND REPORTS 1) Work session on February 20, 2024 at 6:00 p.m. 2) Regular Meeting on March 5, 2024 CITIZEN COMMENTS – None 4 City of Seward, Alaska Planning & Zoning Commission Meeting Minutes February 6, 2024 Volume 8, Page COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Bringhurst said thanked the commission for their work and felt that hard questions led to a better product in the end. Hornseth thanked the commissioners for their work on Resolution 2024-004. Ulman thanked his fellow commissioners and administration. He appreciated everyone coming to the meetings with an open mind. Sullivan thanked everybody for all their hard work. Making these tough decisions was a balancing act of benefiting the community and benefiting the individual. The Planning & Zoning Commission was breaking into a lot of new territory lately. Sullivan also thanked the clerk’s office for assistance with questions. ADJOURNMENT The meeting was adjourned at 7:37 p.m. _________________________ _________________________________ Kris Peck Clare Sullivan City Clerk Chair (City Seal) 5 Planning and Zoning Agenda Statement Meeting Date: April 2, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2024-007: Recommending the City Council Amend Seward City Code 15.20 – Signs Background and justification: Temporary signage has always been a challenge to interpret and enforce. A large majority of complaints regarding temporary signage have been regarding feather signs. This particular type of signage was not defined in code and was being treated as something similar to a banner or flag, which they are not. Historic enforcement practices had been to prohibit such signage. Members of the community also expressed on multiple occasions to Community Development that such signage was not attractive to the community and was distracting to motorists. Other concerns regarding signage that were expressed by the public were the regulations around temporary, off-premises signage on city property, and the regulation of awnings. On July 11, 2023, August 15, 2023, and January 23, 2024, Community Development held public work sessions with the Planning and Zoning Commission to review the sign code and to establish how the community would like to clarify and regulate temporary signage, awnings and other types of signage not currently specified in code. Graphics were presented as part of this review to show how they could potentially assist in the interpretation of various definitions and regulations within the sign code. The effect of this legislation would be to: •Update the definition of ‘banner’. •Add a definition for ‘feather sign’. •Add a definition for ‘flag’. •Add a definition for ‘inflatable sign.’ •Clarify the enforcement process. •Prohibit the use of feather signs. •Require approval from the city manager to post temporary signage on city property. •Prohibit inflatable signs. •Add graphics to further clarify sign types and regulation standards. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): 6 Comprehensive Plan: 2.2.8 – City Government •“Continue to review and update the city code.” 2.2.10 – Land Development •“Ensure all adopted codes reflect community values.” 3.2.1.1 •“Ensure uniform and consistent enforcement of the zoning code, building code, subdivision ordinance, and city lease agreements, and evaluate potential code changes to make enforcement easier.” Strategic Plan: N/A Other: N/A Recommendation The proposed amendments to Title 15.20 have been reviewed thoroughly by staff, the Commission, and the public in various work sessions. If the Commission is in favor of the amendments, SCC 15.01.035 gives the Commission power to provide a recommendation to City Council to amend Seward City Code 15.20 – Signs as outlined in the attached Ordinance 2024-XXX. 7 Sponsored by: Staff Public Hearing: April 2, 2024 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-007 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL AMEND SEWARD CITY CODE 15.20 – SIGNS 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 Planning and Zoning Commission held work sessions on July 11, 2023, August 15, 2023, and January 23, 2024 to review the sign code and recommend changes; and WHEREAS, the regulation and use of signs has a direct impact on the feel and character of a community; and WHEREAS, Community Development had received various complaints and concerns regarding the current regulations of temporary signage and awning signs; and WHEREAS, graphics and figures in code can greatly help to clarify the various regulations; and WHEREAS, the current sign code does not contain any graphics or figures, which help to clarify sign types and regulations; and WHEREAS, various regulations within the sign code were vague or undefined, which created challenges for interpretation and enforcement. 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 2nd day of April, 2024. 8 CITY OF SEWARD, ALASKA RESOLUTION 2024-007 THE CITY OF SEWARD, ALASKA Vanessa Verhey, Vice Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 9 Sponsored: Planning and Zoning Introduction: April 15, 2024 Public Hearing: April 29, 2024 Enactment: April 29, 2024 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE 15.20 – SIGNS 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 Planning and Zoning Commission held work sessions on July 11, 2023, August 15, 2023, and January 23, 2024 to review the sign code and recommend changes; and WHEREAS, the regulation and use of signs has a direct impact on the feel and character of a community; and WHEREAS, various regulations within the sign code were vague or undefined, which was creating difficulty for interpretation and enforcement; and WHEREAS, Community Development had received various complaints and concerns regarding the current regulations of temporary signage and awning signs; and WHEREAS, the current sign code does not contain any graphics or figures; and WHEREAS, graphics and figures in code can greatly help to clarify the various regulations; and WHEREAS, on April 2, 2024 the Planning and Zoning Commission approved Resolution 2024-0XX recommending City Council amend Title 15.20. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 15.20 is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): Chapter 15.20. Signs 15.20.010 Purpose and scope. It is the purpose of this chapter to promote: A. The protection of the health, safety, property and welfare of the citizens of Seward, and aesthetics of the community; 10 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX B. Commercial and civic communications that accommodate the need of the community to convey information to the public; C. The protection and enhancement of the historic charm and natural beauty, and the visual character and identity of the community, by the thoughtful placement and design of signs; D. Flexibility and incentive for creative and innovative sign designs; E. The proper maintenance of signs; and F. Consistency with the goals and objectives of the Seward Comprehensive Plan. (Ord. 98-02) 15.20.015 Definitions. For purposes of this section, the following definitions pertaining to signs shall apply: Abandoned sign. A sign or sign structure which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found. Animated sign. Any sign which uses movement or change of lighting to depict action or to create a special effect or scene. Awning or canopy (marquee). A permanent roof-like structure projecting beyond a building wall at an entrance to a building, or extending along and projecting beyond the building's wall, and generally designed to provide protection against the weather. Awning sign. A sign that is a part of or attached to an awning, canopy or marquee. 11 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX Banner. A temporary sign made of fabric or similar nonrigid material with no enclosing framework, but secured to a solid structure at all four corners. Flags as defined by this Chapter National flags, state or municipal flags, or the official flag of any institution or non- commercial organization shall not be considered banners. Building marker. Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material. Construction sign. A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Directional sign. A sign containing no advertising, and designed to direct, inform or guide pedestrian or vehicular traffic to a location, place or convenience parking, drive through window, restrooms. Electrical sign. A sign lit or put in motion by means of electrical power. Facade (false front). A false, superficial or artificial facing on a building, given special architectural treatment. It may or may not be part of the structural wall. Feather sign. A generally narrow vertical temporary sign where the sign is mounted onto a pole or individual mounting device with the intent of utilizing natural or man-made air movement. 12 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX Flag. A small piece of cloth or similar material, attached at one edge to a pole and used as the symbol or emblem of a country or institution, or as a marker or signal. Flashing sign. A sign which contains an intermittent or sequential flashing light source. Freestanding sign (pole, monument or ground sign). A permanently mounted, self- supporting sign supported from the ground by means of poles, standards, or any other type of base. Illuminated sign. A sign illuminated in any manner by an artificial light source. Incidental sign. A sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or sign indicating hours of business. Identification sign. A nonelectric sign limited to the name, address and/or occupation of an occupant or group of occupants. Indirect illumination. Use of lights which are shielded from public view, to indirectly project illumination onto a sign which is, itself, not internally lit. Inflatable Sign. A temporary sign filled by air or other gas and designed to be tethered to the ground. Marquee (canopy or awning). A permanent roof-like structure projecting beyond a building wall at an entrance to a building, or extending along and projecting beyond the building's wall, and generally designed to provide protection against the weather. Marquee sign. A sign that is a part of or attached to a marquee. Nameplate. A nonelectric sign limited to the name and address of an occupant or group of occupants. Nonconforming sign. Any sign which was legally erected, but does not now conform to the regulations of this chapter. Off-premises sign (billboard). A sign or structure which advertises a business, person, product, activity or service not on or offered on the property on which subject sign is located, also known as a billboard, off-site, or outdoor advertising sign. On-premises sign. A sign which pertains to the use of the premises on which it is located. Parapet. The extension of a false front or wall above a building roofline. Point of purchase display. Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser. Political sign. A temporary sign used for the purpose of advertising, promoting or endorsing a political candidate, party initiative, issue, referendum or ballot proposition. Portable sign. A sign that is not attached to any building or structure. It may readily be picked up and moved from one location or another. It may be with or without its own wheels. Projecting sign (fin or right angle sign). A sign affixed to any building or structure, the edges of which extend perpendicularly beyond such building wall. 13 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX Readerboard sign (bulletin board). A sign face consisting of tracks to hold readily changeable letters, allowing frequent changes of copy. Real estate sign. A temporary sign which is used to offer for sale, lease, or rent the property upon which the sign is placed. (Note: cross reference deleted since none of the other temporary signs (political, construction) in this chapter contained the cross reference) Roof sign. Any sign erected over or on the roof of a building. Roofline. Either the edge of the roof which is the junction of the roof and the perimeter wall of the structure, or the peak or ridge line, whichever forms the line of the building silhouette. Sign. Any device fixed to, painted on, or incorporated into the building surface; displayed from or within a building or structure; or free-standing upon the site, and which is (a) visible from a public right-of-way and (b) designed to convey or direct a message to the public concerning the identification of the premises or to advertise or promote the interests of any private or public firm, person or organization. Sign area. The area of all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, but excluding any supporting framework and bracing which are solely incidental to the display itself provided the same do not contain any lettering, wording, designs, or symbols. When two identical signs faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure, only one side shall be considered for the purpose of calculating total sign area. Sign height. The vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and a level plane going through the nearest point of the improved public right-of-way, other than an alley. In the event a sign is equidistant from more than one improved public right-of-way, none of which are alleys, the highest point shall be used. Sign, sandwich board (also V-shaped). Signs erected upon common or separate structures which present a V-shape appearance and having an exterior angle between faces of not more than 45 degrees with a distance between faces of such signs at their closest point not exceeding two feet. 14 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX Sign structure. A structure which supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. If a "support" is "internally or decoratively illuminated," then it is counted as a sign and must conform to this chapter. Snipe sign. A temporary or portable sign illegally placed in the public right-of-way or on a property that is not the site of the business or event. These may include signs stuck in the ground, or poster affixed to a tree, fence, or utility pole or any other object. Special events sign. Signs that announce a civic, cultural or community, unique or random event. Street frontage. The length of a property line that borders a public right-of-way which provides the principal means of access. Alleys, public parking lots, emergency access and/or pedestrian easements are not generally considered as public rights-of-way for purposes of this definition. Suspended sign. A sign that is suspended beneath a canopy, ceiling, roof, or marquee. Temporary sign. Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light material with or without frames, intended to be displayed for a short period of time only and not permanently fixed. Traffic sign (safety sign). A sign which functions primarily to provide for the efficient, safe and orderly flow of traffic. Wall sign. A sign painted, mounted or otherwise affixed to the wall of a building or structure, parallel to the building, and confined to the limits of outside wall, which includes windows and doors. Window sign. All signs located inside and affixed to or within three feet of windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. The term does not include merchandise. (Ord. 98-02; Ord. 99-16, § 5, 1999; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.020 Administration and enforcement. A. Except as provided herein, it shall be unlawful to display, erect, relocate or alter any sign without the property owner first filing with the Administrative Official, as defined under section 15.01.015, a written application and obtaining a sign permit. B. When a sign permit is issued by the Administrative Official, it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of said permit without prior approval of the Administrative Official. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Administrative Official. C. A sign permit shall become null and void if the work for which the permit was issued has not been completed within six months of its issuance. Before such work can be 15 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX recommenced, a new permit to do so shall first be obtained, and the fee shall be one-half the amount required for a new permit. D.Fees shall be set by resolution of the City Council. E.The Administrative Official reserves the right to issue abatement letters and to impose fines as established in Chapter 15.01.050 and Chapter 1.05 for any violations to the requirements of this chapter. F E. Issuance of a certificate of occupancy for each new facility using a sign for identification or advertising shall be contingent upon approval of a sign permit. G F. Exceptions: 1. Painting, repainting or cleaning of a sign or the changing of copy or message thereon shall not be considered an erection or alteration which requires a sign permit, unless structural change is made. 2. Other specific exceptions are listed under signs allowed without permits. (Ord. 98-02; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.021 Measurement standards. The following regulations shall control the computation and measurement of sign area and sign height: A.The sign area shall include the face of all the display area(s), the sign frame, the structural support, and any attendant construction of the sign, except as follows: 1. Structural support that is located below the sign face area and its accompanying frame, does not contain a message other than the street number in conformance with 12.01.020, and is clearly distinguishable from the sign face area, shall not be considered sign area. Figure 15.20.021A 16 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX B.For a sign that is framed, outlined, painted, or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of not more than three geometric shapes that encompass the entire area of the sign including the background or frame. Figure 15.20.021B C.For a sign comprised of individual letters, figures, or elements on a wall or similar surface of a building or structure, or an irregular shaped freestanding sign, the area of the sign shall be the area of not more than three regular geometric shapes that encompass the perimeter of all the elements in the display. Figure 15.20.021C 17 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX D. For freestanding and projecting signs the sign area shall be computed by the measurement of one of the faces when two display faces are joined, are parallel, or are within 30 degrees of being parallel to each other and are part of the same sign structure. For any sign that has two display surfaces that do not comply with the above regulation, or has more than two display surfaces, then each surface shall be included when determining the area of the sign. Figure 15.20.021D Figure 15.20.021E 18 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX Figure 15.20.021F E.The height of a freestanding sign shall be measured from the elevation of the edge of the public right-of-way immediately adjacent to, or nearest the sign structure, to the highest point of the sign, its frame, or decorative features. 19 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX Figure 15.20.021G (Ord. No. 2019-002, § 1, 1-28-2019 15.20.025 Requirements applicable to all signs. The following provisions shall apply in all zoning districts to all signs governed by this ordinance, subject to the specific regulations in each zoning district: A.Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply. B.In matters of unspecified uses or clarification, the Administrative Official shall make determinations. C.Except when approved by the City Council for civic purposes, signs are considered an accessory use on a lot. Only signs identified under section 15.20.030 are allowed on vacant lots. D.Signs containing non-commercial speech are permitted anywhere business signs are permitted and are subject to the same regulations applicable to such signs. 20 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX E.All signs, including signs heretofore installed, and the area around the base of each freestanding sign, shall be constantly maintained in a state of security, safety and repair. If any sign is found not to be so maintained, or is faded, frayed, or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign within five days after receiving notice from the administrative official. F.Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid glare or reflection of light on private or public property in the surrounding area and so as to avoid distracting pedestrians and motorists. G.In those cases where a business or institution has frontage on more than one street, signs are allowed on each street frontage, provided they are in conformance with applicable district regulations, and that frontage limits are not combined. H.The symbol, slogan or national trademark of a national brand beverage or other product that is sold on the premises shall not comprise more than 25 percent of the total area of the sign. National brand logo signs designed to hang in a window and not exceeding four square feet, and signs advertising products that form the bulk of the business transaction, are exempted from this provision. J.No sign shall be located so as to physically obstruct any door, window or exit from a building or be hazardous to a motorist's ingress and egress from any public or private parking area. K.Signs used seasonally are to be included in the total square footage of sign area allowed for that district. L.In no case shall any portion of a sign attached to a building exceed the maximum allowable building height limit, or more than four feet above the roof line, facade or parapet height, whichever is less. M.No sign shall exceed the roofline of a building within any historic district. N.Freestanding signs are subject to the following limitations: 1. Maximum height of 20 feet or the height of the building, whichever is less; 2.One per parcel; 3. Only allowed within front yards or side yards which are adjacent to a street. O.No readerboard sign may exceed 32 square feet per side; changeable letters of such signs must be adequately secured against wind loss, and each readerboard sign must be one of the following: 1.A wall sign; 2. A marquee sign; 3. A freestanding sign within a structural framework. 21 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX P.Except in the central business district (CBD) zone and along the west side of Fourth Avenue between North and South Harbor Streets, no sign, except temporary street banners, shall project into the airspace above any right-of-way or sidewalk. Q.Projecting signs (fin or right angle signs) are subject to the following limitations: 1.One per pedestrian entrance; 2. Maximum height of 20 feet or the height of the building, whichever is less; 3. Shall not extend over a public sidewalk in excess of the width of the sidewalk; 4.Shall maintain a clear vertical distance above the nearest grade by a minimum of eight feet. Figure 15.20.025A (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.030 Signs allowed without permits. The following signs are not subject to a permit requirement if the following standards are met. They shall be regulated by the following size and placement standards and shall not be included when calculating permitted sign area for any building or parcel. If a proposed sign exceeds the limits of this section, a sign permit must be obtained and the signage must count toward the total allowed signage for the building or parcel. A.Nameplates not exceeding two square feet and building markers; 22 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX B.Standard flags and insignia of government, religious, civic, charitable, educational or philanthropic groups which can, in no way, be construed as advertising; C.Signs identifying the historic name of a building, provided that such name is approved by the historic preservation commission and the sign does not exceed 20 square feet in size; D.Legal notices, traffic signs, information signs, historic signs or directional signs erected by government bodies and signs required by law; E.Directional signs not exceeding six square feet (directional signs contain no advertising); F.Signs advertising subdivision tract developments or the sale of property of two or more acres, not exceeding 32 square feet in commercial districts and 12 square feet in residential districts, and limited to one such sign per street frontage; G.Incidental signs not exceeding four square feet each; H.Notices and warning signs of not more than two square feet each in area, i.e., vacancy, no trespassing, beware of dog; I.Point of purchase advertising displays; J.Structure or improvements intended for a separate use, such as, donation containers, product dispensers, trash receptacles or recycling boxes; K.Suspended signs provided they do not extend farther from the building facade than the marquee or canopy to which they are attached, do not exceed four square feet in area, and maintain a clear distance of eight feet between the sidewalk and the sign bottom. One sign per pedestrian entrance; K.L. Signs or scoreboards on athletic fields intended for on-premises viewing; LM. Fuel price signs not exceeding 20 square feet per sign face, with one sign allowed per abutting street right-of-way; MN. Two-sided or three-sided signs mounted on the roof of a vehicle for hire (as defined in section 8.20.010) not exceeding 14 inches in height and 39 inches in length on each side; signs on the side of said vehicle not exceeding four square feet; or a sign mounted between the bumper and the lowest level of the rear window, not exceeding 18 inches by 36 inches; N.O. Signs on vehicles, primarily and actively used for business purposes, which identify the firm or its principal product (see also section 15.20.035C.); O.P. Wall and freestanding murals which are purely decorative in nature and content, and do not include advertising by picture or verbal message; P.Q. Signs painted on or placed inside windows, as long as they do not extend beyond the first story of the building and do not block any opening required for entrance or exit from buildings; Q.R. Temporary signs may be posted for not more than 30 days in a 180 day time period. 23 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 1. One temporary sign is allowed per property if non-commercial residential, and one for each business in commercial districts; 2. Temporary signs may include banners, flags, or pennants; 3. Temporary signs may include sandwich boards and weighted portable signs, provided that they do not exceed ten square feet per side and are located entirely on private property. Figure 15.20.030A 43.Temporary signs may not exceed 12 square feet in residential areas and 32 square feet in commercial or industrial districts; 54. Temporary signs referencing a date or event must be removed within ten days following the date or event; 65. Special noncommercial event signs may be erected two weeks prior to the event. 7.Feather signs may be allowed by mobile vendors during specific scheduled community events as determined and approved by City administration, such as the Mermaid Festival and Fourth of July. 8. Temporary signs posted on City property require approval by the City Manager. 9.5. Political signs not more than six square feet per sign in residential districts and 32 square feet per sign in commercial districts may be displayed no earlier than 30 days prior to any election and shall be removed within seven days following the election; provided that signs erected for any primary election that remain relevant to the following general election may be maintained for the period between elections; 24 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX Figure 15.20.030B 6.8 Garage sale signs located at the site of the sale. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.035 Prohibited signs. Unless otherwise and specifically authorized, the following signs are prohibited in all districts: A.Any sign contrary to the provisions of this chapter; B.Signs within any sight distance triangle or right-of-way, unless otherwise authorized; C.Signs attached to, or placed on, vehicles or trailers which are parked or located for the primary purpose of displaying said sign (see also signs allowed without permits— vehicles with signs used in the normal course of business); D.Off-premises signs and/or billboards except the posting of temporary signs relating to civic events as allowed under section 15.20.030Q and subject to the limitations of this chapter; E.Snipe signs; F.Portable signs, except those allowed under section 15.20.030Q sandwich boards provided that they do not exceed ten square feet per side and are located entirely on private property; G.Signs which interfere with radio and television reception; H.Flashing and animated signs; except time and temperature; and except open signs placed inside a window; 25 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX I.Any sign with incandescent lamp bulbs exposed to view, with or without internal or external reflectors; not to include neon signs as allowed in other sections of title 15; J.Banners, clusters of flags, feather signs, inflatable signs, pennants, ribbons, streamers, balloons or bubble machines, except as allowed under section 15.20.030RQ.; Figure 15.20.035A K.Suspended strings of lights, spinners; twirlers or propellers; flashing, rotating (except barber poles) or blinking light; beacons; chasing or scintillating lights; flares, or signs containing elements creating sound; L.Abandoned signs or sign structures; M.Signs imitating or resembling a traffic-control sign, signal or device, or the light of an emergency vehicle; or which obstructs the visibility of any traffic or street sign or signal device; N.Projecting signs and freestanding signs fronting alleyways; O.Signs advertising a home occupation. P.Signs which emit smoke, visible particles, odors, or recorded sound. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.040 Sign standards by zoning district which require permits. All signs, except those specifically allowed without permits, shall be calculated in determining the total square footage of sign area on a parcel. A.Residential districts. Only the following types of signs shall be permitted in the residential zoning districts, except as provided for otherwise within this chapter and zoning code. Illumination of these signs shall be limited to indirect or internal lighting. 26 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 1. Signage for churches, public and quasi-public institutions, including schools and municipal buildings may erect for their own use: a.One identification sign not exceeding 20 square feet in area; b. One announcement sign or bulletin board not exceeding 20 square feet in area; c.The height of any freestanding signs shall not exceed eight feet. 2.Multiple family (two- to four-unit) dwellings are allowed one sign identifying the premises, not exceeding six square feet in area, and five feet in height if freestanding. 3. Multiple family dwellings of five units or more may have one sign, not exceeding 20 square feet in area and if freestanding, not exceeding eight feet in height. B.Office residential, auto commercial, and industrial districts. 1. For any permitted residential use, signs for such use shall conform to the requirements in subsection A. of this section. 2. For all permitted uses, or legal nonconforming uses, the combined square footage of signs shall not exceed one square foot per lineal foot of property street frontage, to a maximum of 200 square feet per parcel. 3. Signage is not allowed within side yards or attached to sides of buildings which front side yard areas, except in cases of multiple frontage lots where a side property line fronts an alley. 4. Signage fronting alleys is limited to one identification sign, not exceeding two square feet, unless a business has a customer entrance on the alley. If a business has a customer entrance on the alley, up to 25 percent of the property's total allowed signage may be reallocated, as a wall sign only, to front the alley. 5. Freestanding, and projecting and marquee signs, if internally illuminated, shall not exceed 32 square feet in area per side; otherwise, a maximum of 50 square feet per side is allowed (see subsections 15.20.025L. or N O. for freestanding or projecting sign limitations). C.Central business district. For all permitted or legal nonconforming uses, the following limitations shall apply: 1. Combined square footage of signs shall not exceed two square feet per lineal foot of street frontage to a maximum of 200 square feet per parcel. 2. Any portion of a property's total allowed signage may be allocated to the sides or rear of the lot at the discretion of the property owner. 3. Freestanding signs, if internally illuminated, shall not exceed 32 square feet in area; otherwise, a maximum of 50 square feet is allowed (see section 15.20.025LN. for freestanding sign limitations). 27 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX 4.Marquee Awning or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee awning or the width of the sidewalk and may not exceed 25 square feet in area (see section(s) 15.20.030K. for under-marquee signs, 15.20.025OQ. for projecting signs). D.Harbor commercial district. 1. The following property frontages may be combined at one square foot per lineal foot of frontage to maximum of 200 square feet of signage per parcel: a.A street; b. The harbor basin; c.The public boardwalk; d. Where a building faces toward a street but does not abut it; or e.A public parking lot. 2. At the discretion of the property owner, any portion of a property's total allowed signage may be allocated to the sides or rear of the lot not fronting 1.a.—e., above so long as it does not exceed one square foot per lineal foot of that property line. 3. Freestanding, projecting and marquee signs, if internally illuminated, shall not exceed 32 square feet in area per side; otherwise, a maximum of 50 square feet per side is allowed (see section 15.20.025LN. for freestanding sign limitations). 4.Marquee Awning or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee awning or the width of the sidewalk and may not exceed 25 square feet in area (see section 15.20.030K., for under-marquee signs, and section 15.20.025OQ., for projecting signs.) E.Institutional, park and resource management districts. 1. Signs for any permitted commercial and industrial uses shall conform to the requirements in subsection B. herein. 2. Signs for all other permitted uses, or legal nonconforming uses, are subject to the following limitations: a.One permanent identification sign is permitted for each premises. The area of the sign shall not exceed one square foot for each lineal foot of street frontage, provided no such sign shall exceed 40 square feet; b. No sign shall exceed eight feet in height; and c.Illumination for institutional facilities shall be restricted to indirect lighting. (Ord. 98-02; Ord. 99-16, § 5, 1999; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.050 Nonconforming signs. The intent of this section is to permit the continuance of nonconforming signs until such time as they are removed, but not to encourage their perpetuation or expansion. 28 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX A.Nonconforming signs are allowed to continue, subject to the following: 1. Shall not be used as grounds for adding additional nonconforming signs; 2. Shall not be structurally altered so as to change the shape, size or type of the sign, or be relocated, except into conformance with this Code; 3.Shall not be allowed to remain after the activity, business or use to which it relates has been discontinued; and 4.Must be removed if damaged in such a manner that the estimated expense of repair exceeds 50 percent of its replacement value. B.Nothing in this section shall relieve the owner or user of a nonconforming sign, or owner of the property on which the nonconforming sign is located, from the provisions of this Code regarding the safety, maintenance, and repair of signs. C.An illegal sign is any sign within the City limits which does not comply with the requirements of this Code or previous codes at the time the sign was erected, and which is not eligible for characterization as nonconforming. The City may immediately remove any sign located on City property or right-of-way. (Ord. 98-02) 15.20.055 Variance procedure provided. A.The commission is hereby authorized to grant special variances from the provisions of this chapter in accordance with the following restrictions: 1. To encourage the use of signs which are harmonious with Seward's scenic beauty and historic character, the commission may issue a variance for specific signs up to 1.5 times larger than provided in this chapter. Each applicant for such variance shall submit a scale drawing and a color rendering of the proposed sign(s) in relation to its surroundings. 2. A variance may be granted in harmony with the general purpose and intent of this Code by varying the application of rules, regulations or provisions so long as the spirit and benefits of this Code will be preserved. 3. The commission may vary the rules and regulations or provisions of this Code provided the commission, upon due and diligent investigation, makes specific findings that all of the following conditions have been considered: a.The variance will not constitute a grant of a special privilege inconsistent with the limitation upon signage and uses of other properties in the vicinity and zone in which the property, on behalf of which the application as filed, is located; b.That such variance is necessary because of special circumstances such as, but not limited to, health and safety or the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; 29 CITY OF SEWARD, ALASKA ORDINANCE 2024-XXX c.That the granting of such variance will not be materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the zone in which the subject property is situated. 4. In granting a variance, the commission may attach thereto such conditions regarding the location, character and other features of the proposed sign as it may deem necessary to carry out the spirit and purpose of this code of moderating the size, number and obtrusive placement of signs and reduction of clutter in the public interest. B.Fees for sign variances shall be set by resolution of the City Council. (Ord. 98-02) Section 2. This ordinance shall take effect immediately upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the 29th day of April, 2024. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AY ES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 30 Planning and Zoning Agenda Statement Meeting Date: April 2, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2024-008: Recommending City Council Approval of the Land Use Amendment to Rezone Fort Raymond Subdivision, Replat No. 7, Lot 10A-2, Located at 905 Sea Lion Ave, from an Institutional (Ins) Zoning District to an Auto Commercial (AC) Zoning District Background and justification: On February 12, 2024, the City Council passed Ordinance 2024-001, which approved the rezone of Fort Raymond Subdivision, Replat No. 7, Lot 10A-1, from an institutional zoning district to an auto-commercial zoning district. This rezone left Lot 10A-2, a 0.716-acre lot adjacent to the south, zoned institutional. Lot 10A-2 is owned by the City of Seward and has a 100’ wide utility easement running east to west through the Lot. To reconcile the spot zoning that was created when Lot 10A- 1 was rezoned to auto-commercial, staff is bringing forward the recommendation to rezone Lot 10A-2 from an institutional zoning district to an auto-commercial zoning district as well. The public notification process was complied with and the appropriate public hearing, as required by Seward City Code §15.01.040. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: N/A Strategic Plan: N/A Other: SCC 15.01.035(B)(3) Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X 31 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 Seward City Code 15.01.035(B)(1)(b) allows the Planning and Zoning Commission to initiate a land use amendment on its own motion. The proposed zoning change would correct a spot-zoning issue, updating it to the existing, contiguous zoning district of the surrounding properties, as allowed by SCC 15.01.035(B)(3). 32 Sponsored by: Staff Public Hearing: April 2, 2024 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-008 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 NO. 7, LOT 10A-2, LOCATED AT 905 SEA LION AVE, FROM AN INSTITUTIONAL (INS) ZONING DISTRICT TO AN AUTO COMMERCIAL (AC) ZONING DISTRICT WHEREAS, on February 12, 2024 the City Council approved ORD 2024-001, which approved the rezone of Fort Raymond Subdivision, Replat No. 7, Lot 10A-1 from institutional to auto commercial; and WHEREAS, the rezoning of Lot 10A-1 left Lot 10A-2 spot-zoned Institutional; and WHEREAS, all of the surrounding properties are zoned auto commercial; and WHEREAS, Lot 10A-2 will be incorporated, in part, with the future replat for the future public works building site, Fort Raymond Subdivision, Replat No. 1, 2022 Addition, Lot 7A-1; and WHEREAS, the future public works building site is currently zoned auto commercial; and WHEREAS, to prevent further spot-zoning in the upcoming replat of the future public works site and Lot 10A-2 it is advisable to rezone Lot 10A-2 to the same zoning district as the public works site; and WHEREAS, the current use of Lot 10A-2 as a 100’ utility easement for overhead power lines greatly limits the land uses for the property despite the zoning district designation; 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 PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Planning and Zoning Commission approves Resolution 2024-008 and recommends an Ordinance be forwarded to City Council to approve the land use amendment to rezone Fort Raymond Subdivision, Replat No. 7, Lot 10A-2 from institutional to auto commercial. Section 2. This resolution shall take effect immediately upon adoption. 33 PLANNING AND ZONING COMMISSION RESOLUTION 2024-008 Page 2 of 2 PASSED AND APPROVED by the Planning and Zoning Commission this 2nd day of April, 2024. THE CITY OF SEWARD, ALASKA Vanessa Verhey, Vice Chair AY ES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 34 SEW A R D H W Y DI M O N D B L V D SEA LION AVE LEI R E R R D Rezone of Fort Raymond Subdivision, Replat No. 7, Lot 10A-2 from Institutional (INS) to Auto Commercial (AC) Drawn By:Selena Soto 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. ´0 125 25062.5 Feet 905 Sea Lion Ave 35 Current Zoning Address: 905 Sea Lion Ave Proposed Zoning: Auto Commercial Current Use: vacant; utility easement 36 37 38 Planning and Zoning Agenda Statement Meeting Date: April 2, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2024-009: Recommending City Council approval of the Land Use Amendment to rezone two city owned properties located at 2301 Crabapple Street and 537 First Ave, to the recommended zoning stated in the Municipal Lands Inventory and Management Plan Background and justification: On November 27, 2023, the City Council approved the 2023 update to the Municipal Lands Inventory and Management Plan (MLIMP) that was recommended to them by the Planning and Zoning Commission. This plan identifies municipal owned lands, explains the current use of each land, and provides recommendations for the future management of the lands. Certain properties within the plan were recommended by the Planning and Zoning Commission to be rezoned. This Resolution addresses two of those properties. Page 57-58 of the MLIMP identifies the location of the North Water Tank and Pumping Facility on parcel 14535153 or 2301 Crabapple Street. The parcel is currently zoned single-family residential. A public utility facility requires a conditional use permit (CUP) within a single-family residential zoning district. This facility does not currently have a CUP for such a use. An institutional zoning district allows a public utility facility outright. Since the area will never be developed for housing, and is larger than one acre, the Commission has recommended that it be rezoned from single-family residential to institutional. Page 87-88 of the MLIMP identifies the location of the Mt Marathon Hiking Trailhead, or the Jeep Trail. It is located on parcel 14803004 or 537 First Avenue. The parcel is currently zoned single- family residential. The parcel will never be developed for housing, but rather has indefinite plans to continue its use as a trailhead and emergency vehicle access to Mt Marathon. The Commission has recommended that the parcel be rezoned from single-family residential to park. The public notification process was complied with and the appropriate public hearing, as required by Seward City Code §15.01.040. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 3.6.1.1 “Improve existing and develop additional recreational infrastructure.” •Identify, protect, and preserve scenic and natural areas for recreational enjoyment.” 39 Vol 1, Chapter 3.6.1.2 •Ensure that Municipal land acquired for or converted to long-term or permanent-park or recreational uses are officially dedicated as park land. Strategic Plan: N/A Other: Municipal Lands Inventory and Management Plan Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed 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 and responded to public inquiries. If any additional correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation Seward City Code 15.01.035(B)(1)(b) allows the Planning and Zoning Commission to initiate a land use amendment on its own motion. Both proposed zoning changes are supported in the Municipal Lands Inventory and Management Plan, which was recently approved by the Planning and Zoning Commission and the City Council. 40 Sponsored by: Staff Public Hearing: April 2, 2024 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-009 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 TWO CITY OWNED PROPERTIES LOCATED AT 2301 CRABAPPLE STREET AND 537 FIRST AVE TO THE RECOMMENDED ZONING STATED IN THE MUNICIPAL LANDS INVENTORY AND MANAGEMENT PLAN WHEREAS, on November 27, 2023 the City Council approved the 2023 update to the Municipal Lands Inventory and Management Plan; and WHEREAS, the Municipal Lands Inventory and Management Plan contains recommendations for each of the city owned properties; and WHEREAS, for certain properties, the Planning and Zoning Commission recommended that the zoning be changed to more accurately reflect the land uses taking place on the property; and WHEREAS, the north water tank and pumping facility is located at 2301 Crabapple Street, which is currently zoned single-family residential; and WHEREAS, this use of the property is considered a public utility facility, which requires a Conditional Use Permit (CUP) in a single-family residential zoning district; and WHEREAS, 2301 Crabapple Street does not have a CUP for a public utility facility; and WHEREAS, the proposed zoning for 2301 Crabapple Street is Institutional; and WHEREAS, a public utility facility is allowed outright in an Institutional zoning district; and WHEREAS, the trailhead for the Mt Marathon hiking and jeep trail is located at 537 First Avenue, which is currently zoned single-family residential; and WHEREAS, the use of this property as a trailhead will not change in the foreseeable future, so a zoning designation that represents the recreational use is more appropriate; 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 PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, that: 41 PLANNING AND ZONING COMMISSION RESOLUTION 2024-009 Page 2 of 2 Section 1. The Planning and Zoning Commission approves Resolution 2024-009 and recommends an Ordinance be forwarded to City Council to approve the land use amendment to rezone 2301 Crabapple Street from single-family residential to institutional and 537 First Ave from single-family residential to park. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Planning and Zoning Commission this 2nd day of April, 2024. THE CITY OF SEWARD, ALASKA Vanessa Verhey, Vice Chair AY ES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 42 OA K S T HEMLOCK AVE OLY M P I A R D P H O E N I X R D SW E T M A N N A V E DO R A W A Y UNIMAK CI R Rezone of Gateway Subdivision Addition No. 2 Tract C-6 from Single Family Residential (R1) to Institutional (INS) Drawn By:Selena Soto 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. ´0 200 400100 Feet 2301 Crabapple St 43 Current Zoning Address: 2301 Crabapple Street Proposed Zoning: Institutional Current Use: North water tank and pumping facility 44 A ST TH I R D A V E SE C O N D A V E FI R S T A V E B ST MONROE ST MADISON ST Rezone of Seward Townsite Marathon Addition Lot 29 from Single Family Residential (R1) to Park (P) Drawn By:Selena Soto 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. ´0 125 25062.5 Feet 537 First Ave 45 Current Zoning Address: 537 First Ave Proposed Zoning: Park Current Use: Mt Marathon Jeep Trail Trailhead 46 47 48 Planning and Zoning Memorandum Meeting Date: April 2, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director RE: Election of Chair & Vice Chair Background and justification: Seward City code 2.30.210(B) states that “the Commission shall select a chair and vice chair annually.” The Chair presides at the meetings and work sessions, and in the absence of the Chair, the Vice Chair fills in as the presiding officer. Below are guidelines that may be used for the election of the Chair and Vice Chair positions. VOTING & APPOINTING PROCEDURE 1. The Presiding Officer opens the floor for nominations of Chair. 2.Any commissioner, including the Presiding Officer, may nominate one or more commissioners for the position. 3.If only one nomination is received, a motion is made to close the nominations and cast a unanimous ballot for the chosen person. That motion will need a second and can be approved by unanimous consent (no roll call is necessary). 4.If more than one nomination is received, paper ballots will be distributed for each commissioner to sign and vote for a nominee, or else the commission may conduct a voice vote. It takes four affirmative votes to be appointed. Once the Chair is elected, the same procedure is repeated for the Vice Chair. 49