HomeMy WebLinkAbout05152007 Planning & Zoning Packet
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Seward Planning & Zoning Commission
Special Meeting
May 15, 2007
6:30 p.rn.
City Council Chambers
Marianna Keil
Chair
Term Expires 02/10
Tom Smith
Vice-Chair
Term Expires 02/10
Margaret Anderson .
Commissioner
Term Expires 02/09
Kevin Clark
Commissioner
Term Expires 02/09
Lynn Hohl
Commissioner
Term Expires 02/08
Sandie Roach'
Commissioner
Term Expires 02/10
Bob Hicks
Commissioner
Term Expires 02/08
Phillip Oates
City Manager
Vacant
Planner
Donna Glenz
Planning Assistant
Vacant
Executive Liaison
1. Call to Order
2.
Opening Ceremony
A. Pledge of Allegiance
3.
Roll Call
4. . Special Reports & Presentations
A.
City Administration Report
B.
Other Repor!s, ~ouncements & Presentations
5.
Citizens' 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 2 minutes per speaker and 30 minutes total time for this
agenda item)
6.
Approval of Agenda and Consent Agenda. [Approval of
Consent Agenda passes all routine items indicated by
asterisk (*). Consent Agenda items are not considered
separately unless a Commissioner so requests. In the event
of such a request, the item is returned to the Regular
Agenda.]
Planning & Zoning Commission
May 15, 2007
Special Meeting Agenda
Page 1
7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given'
the first opportunity to speak]
A. Unfinished Business Items requiring a Public Hearing - None
B. New Business Items requiring a Public Hearing
1.
Resolution 2007-09 recommending City Council approval of amending
the Land Use Plan and the rezoning of Lots 1-6, Block 8, Original
Townsite of Seward, from Auto Commercial (AC) to Central Business
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District (CBD)............................................e..................................... Page 03
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2. Resolution 2007-10 recommending a status for disposal ofland owned by
the City, which has a legal description of Tract HI, Fourth of July Creek
Subdivision, Roberts Replat........................._~~....._..__.___. Page 2'
8. Unfinished Business - None
9. New Business - None
10. Informational Items and Reports (No action required) - None
11. Commission Comments
12. Citizens' Comments [Limit to 5 minutes per individual - Each individual has one
opportunity to speak]
13. Commissions and Administration Response to Citizens' Comments
14. Adjournment
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Planning & Zoning Commission
May 15,2007
Special Meeting Agenda
Page 2
Sponsored by: Applicant.
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2007-09
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A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEW ARD,ALASKA, RECOMMENDING
CITY COUNCIL APPROVAL OF AMENDING THE LAND USE PLAN AND
THE REWNlNG OF LOTS 1-6, BLOCK 8, ORIGINAL TOWNSITE OF
SEWARD, FROM AUTO COMMERCIAL (Ae) TO CENTRAL BUSINESS
DISTRICT (CBD)
WHEREAS, in 2006 the City purchased six lots on the northwest side of Sixth Avenue, Lots
1-6, Block 8, Original Townsite of Seward (OTS) in preparation for the development a community
library and museum; and .
WHEREAS, the current zoning designation of the property is Auto Commercial (Ae) and
the Land Use Plan designation is Office Residential (OR); and
--- - WHEREAS, the applicant submitted an appltcat:ion requesting Lots 1-6, Block 8, OTS be
rezoned from Auto Commercial (Ae) to Central Business District (CBD); and
WHEREAS, adjoining lots to the west are currently zoned Central Business District (CBD)
and two of the lots to the south of the subject land on Sixth Avenue are also zoned Central Business
District; and
WHEREAS, the adjoining lots to the South on Sixth Avenue, the lots to the East across
Sixth Avenue, and the lots to the North across Adams are zoned Auto Commercial (AC); and
WHEREAS, the Central Business District (CBD) was established to provide areas of
convenient, concentrated commercial development primarily intended for retail, fmancial,
entertainment and professional services, to encourage a compact group of businesses that encourage
walk-in trade; and
WHEREAS, the public notification process was complied with and the appropriate public
hearing as required by Seward City Code ~ 15.01.040 was conducted by the Commission on May 3,
2007.
03
Seward Planning and Zoning
Resolution 2006-16
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission fmds that the rezone request meets the criteria of the Land Use
Code for consideration of a rezone and recommends that Ordinance 2007 -xx be forwarded to City
Council for approval.
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Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15th day
of May, 2007. .
THE CITY OF SEWARD, ALASKA
Marianna Keil, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
01
P&Z Agenda Statement
Through:
Phillip Oates, City Manager . I, A
Donna Glenz, Planning Assistant cY&r" \)
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Meeting Date:
May 15,2007
From:
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" Agenda Item:
Amending the Land Use Plan and rezoning
of Lots 1-6, Block 8, Original Townsite of Seward,
from Auto Commercial (AC) to Central Business
District (CBD)
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the Seward City Council
is Resolution 2007-09 recommending City Council approval of the attached Ordinance
2007-XX, amending the Land Use Plan and Rezone of Lots 1-6, Block 8, Original
Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD)
(see attached maps).
In 2006 the City purchas"ed'six lots on the"WesCside-of Sixth Avenue, Lots 1-6, Block 8,
Original Townsite of Seward (OTS) in preparation for the development a community
library/museum. These six (6) lots are currently zoned Auto Commercial (AC). The lots
to the West are zoned Central Business District (CBD) and the lots to North, South and
East are zoned Auto Commercial (AC).
The current use on Lots 1-6, Block 8, OTS is a commercial building used as a second
hand store on Lot 1 and an unoccupied single family home on lots 2-6. .
The current uses on the lots to the West consist of the current Seward City Library, an
apartment building and a single family home. The uses to the South are single-family
homes with established Bed and Breakfast businesses, an established lodge and
commercial use buildings. The uses to the East are an established Bed and Breakfast
business and a single family home. The use to the North is an auto commercial garage
and shop.
Each of the six (6) lots being considered for rezone is approximately 30 feet by 100 feet,
each at approximately 3,000 square feet. The total land area of the requested rezone is
approximately 18,000 square feet, which is less than Y2 of an acre. The land area meets
the minimum size required for a rezone request, as per see 15.01.035, Amendments, (b)
(3) "Except for an ordinance altering the boundaries of existing, contiguous zoning
districts or an ordinance which brings a parcel into conformance with the land use plan,
no ordinance altering zoning within the city shall be considered if the area encompassed
by the proposed ordinance contains less than one acre, not including street or alley right-
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of-ways." The area requested in this zoning change is contiguous to the Central Business
Zoning District by the lots directly to the West.
In order for the lots to be rezoned, the underlying Land Use Plan will also have to be
amended. The Land Use Plan adopted with the 2020 Seward Comprehensive Plan
recommends this area become zoned Office Residential (OR).
SCC 15.05.025. Land use districts-Established, definitions
a) Established The city is hereby divided into land use districts which shall be
bounded and defined as shown on the official land use map. This official map, together
with all explanatory matter thereon, as exhibited at the time of public hearing, is hereby
adopted by reference and dee/ared to be a part of this chapter.
The current zoning of the area requested for rezone is Auto Commercial (Ae) defmed in
SCC 15.05.025 (b)(8) as Intended to provide areas to accommodate highway oriented
commercial activities such as offices. certain institutional uses, and limited personal
services and retail uses requiring substantial outdoor activity, traffic and parking, and
which also serve the offices and nearby residential areas, and which do not materially
detract from nearby residential areas.
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The requested zoning change of the area for rezone is Central Business District (CBD) .
defined in SCC 15.05.025 (b)(9) Provides for an area of convenient, attractive,
concentrated commercial development primarily intended' for retail, finanCial.
entertainment and professional services occurring within ene/osed structures.
Regulations applying to this zone are designed to encourage a compact group of
businesses of the type, which are mutually beneficial and located close enough together
to encourage walk-in trade. No off-street parking or setbacks are required in the CBD.
The Land Use Map, as adopted by the 2020 Comprehensive Plan, designates the area
requested for rezone as Office Residential (OR) defined in SCC 15.05.025 (b)(6). as
Intended to provide for medium density residential, commercial and office development
designed to act as a transition zone between the high density central business district and
surrounding medium-high density residential districts.
CONSISTENCY CHECKLIST
YES NO N/A
1. Comprehensive Plan (2020) .lL _ _
3.1.2.1 Support existing public institutions in their effort to maintain, expand and
develop. (bullet point) Support the concept, fundraising activities and construction of
a new library/museum facility intended to combine, update and expand the programs
and services of the Seward Community Library and the Seward Museum.
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2. Land Use Plan (2006) l
While this Plan does not support the rezoning, the Land Use Plan can be amended
based on new findings. Staff finds that the rezone request meets the criteria of the
Land Use Code for consideration of a rezone.
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3. Strategic Plan (1999) .1L
The Strategic Plan supports the implementation of the Comprehensive Plan and
encourages bringing the Zoning Map into conformance with the Land Use Plan.
However the Strategic Plan also Encourages Cultural Activities, Expand Library
Services and Develop Additional Recreational Facilities.
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Recognizing that the primary concern of all zoning actions is to promote public health,
safety and general welfare (SCC 15.01.010), Community Development recommends this
rezone for several reasons:
1. This rezone will allow for the maximum use of the property currently planned
for the community library/museum.
2. There are limitations involved with attempting to prioritize community needs
and desires with the land use needs for single faillily homes verses other
activities. At this time the community has a very limited selection of land.
available for the community library/museum facility, whereas more options
are available for land for single family homes.
3. Both the 2020 Comprehensive Plan and the 1999 Strategic Plan support the
construction of a new library/museum facility of the community.
4. Changing the zoning to Central Business is generally consistent with land use
goals in both the Comprehensive and Strategic Plans.
- -No-objections or concerns -were expressed -from- City~staff- other-than-providing
information on the overhead electric lines running along the alley on the West property
edge. A utility easement often (10) feet and fIfteen (15) feet at the pole will be required.
As required by the City Code, neighboring property owners within 300 feet of the area
subject to review were notifIed of the proposed rezone and amendment to the Land Use
Plan. A public Planning and Zoning Work Session was held on April 17,2007 where
several members of the public voice support for the rezone and the community
library/museum project. At the time of this review staff has received several public
verbal comments and two written letters from neighboring property owners, all in support
of the rezone. Staffhas received no objections to the rezone at the time of this review.
RECOMMENDATION:
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Commission approve Resolution 2007-09, recommending City Council approval of the
attached Ordinance 2007-XX, amending the Land Use Plan from Office Residential to
Central Business District. (CBD) and the Rezoning of Lots 1-6, Block 8, Original
Townsite of Seward from Auto Commercial (AC) to Central Business District (CBD).
07
Sponsored by: Plannin!!: and Zonin!!: Commission
Introduction Date:
Public Hearing Date:
Enactment Date:
CITY OF SEWARD, ALASKA
ORDINANCE NO. 2007-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND
THE REZONING OF LOTS 1-6, BLOCK 8, ORIGINAL
TOWNSITE OF SEWARD, FROM AUTO COMMERCIAL (AC)
TO CENTRAL BUSINESS DISTRICT (CBD)
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WHEREAS, in 2006 the City purchased six lots on the northwest side of Sixth
Avenue, Lots 1-6, Block 8, Original Townsite of Seward (OTS) in preparation for the
development a community library / museum; and
WHEREAS, the applicant submitted an application requesting Lots 1-6, Block 8,
OTS be rezoned from Auto Commercial (AC) to Central Business District (CBD); and
WHEREAS, the current zoning designation of the property is Auto Commercial
(AC) and the Land Use Plan designation is Office Residential (OR); and
WHEREAS, the official maps described in SCC 15.01.030 will have to be
amended from Office Residential (OR) to Central Business (CB) in response to this
zoning change; and
WHEREAS, adjoining lots to the west are currently zoned Central Business
District (CBD) and two of the lots to the south of the subject land on Sixth Avenue are
also zoned Central Business District; and
WHEREAS, the adjoining lots to the South on Sixth Avenue, the lots to the East
across Sixth A venue, and the lots to the North across Adams are zoned Auto Commercial
(AC); and
WHEREAS, changing the zoning to Central Business is generally consistent with
land use goals in both the Comprehensive and Strategic Plans; and
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WHEREAS, at their May 15, 2007 meeting, the Planning and Zoning
Commission reviewed the application, held public hearings and recommended City
Council approval of the proposed zoning amendment included in this ordinance.
08
City of Seward
Ordinance No. 2007-xx
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA that:
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Section 1. The official Land Use Map of the City is hereby amended by changing
the land use designation of Lots 1-6, Block 8, Original Townsite of Seward from Auto
Commercial (Ae) to Central Business Districf(CBD). (see attached map)
,
Section 2. The official Zoning Map of the City is hereby amended by changing
the zoning designation of the Lots 1-6, Block 8, Original Townsite of Seward from Auto
Commercial (Ae) to Central Business (CB). (see attached map)
Section 4. This ordinance shall take effect thirty (30) days folIowing enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
TIllS DAY OF 2007.
THE CITY OF SEWARD, ALASKA
Vanta Shafer, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
;
Jean Lewis, CMC
City Clerk
(City Seal)
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Rezone of Lots 1-6, Block 8, OTS
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Drawn by:
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Date:
P & Z meeting May 15, 2007
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Wohlforth I Johnson I Brecht
Cartledge I Brooking
A PROFESSIONAL CORPORATfON
Eric A. Auten
Julius J. Brecht
Cheryl Rawls Brooking
Cynthia L. Certledge
Mlcheel Gettl
Robert M. Johnson
Budley E. lIeye.
Eric E. Wohlforth
ATTORNEYS AT LAW
Telephone
1107.278.8401 .
900 WEST 5TH AVENUE. SUITE 100
ANCHORAGE, ALASKA 91501-2".
Facllmlle
907.278.50113
Webslte
www.akatty.com
MEMORANDUM
DATE:
Donna Glenz. Acting Planner
Brad Meyen, City Altomey& 1 vV\
May 9, 2007
TO:
FROM:
SUBJECT: Zoning Amendments with Special Limitations; Our File No. 4337.1001
Amendments to change zoning ordinances must follow the procedures established
by Seward City Code ("SCC") ~ 15.01.035 and meet the same police power parameters
as-the zoning code itself by serving pUblichealth,-safety;and general welfare needs. The
changes must also satisfy constitutional and statutory limitations on police powers
applicable to zoning ordinances in general. Judicial review of zoning changes will consider
the reasonableness of the change, the effect on nearby land, and whether it furthers solely
a private interest instead of the public welfare. Zoning changes should include factual
findings to support the legislative body's conclusions. Similarly, if the zoning change is to
include special limitations, those too must meet the same requirements.
Although the City's zoning and land use district boundaries may be changed by
ordinance, there is no SCC procedure or Alaska statutory authority expressly allowing
zoning amendments to include special limitations. However, there is a trend across the
country to recognize the use of special limitations and conditions in connection with zoning
changes. At least nine states now expressly provide statutory authority for rezoning with
site-specific conditions and court decisions in 23 states and the District of Columbia
provide that local legislative bodies have authority to rezone with site-specific conditions.
4 Edward H. Ziegler Jr., Rathkoph's The Law of Zoning and Planning ~ 44.4 (4th ed. 1995).
According to Ziegler, zoning amendments, or rezoning, may utilize special limitations to
mitigate any adverse impacts of development that may occur following rezoning. The
conditions are generally designed to protect adjacent land from potential loss in value that
would have resulted if the zoning change had been made wihtout such special
requirements.
1:\Docs\43371001\M2DGlenz re Zoning Amendments.wpd
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Donna Glenz. Acting Planner
Re: Zoning Amendments with Speieal Limitations
Our File No. 4337.1001
May 9. 2007
Page 2
The Municipality of Anchorage Code ("AMC") at AMC S 21.20.020 and the
Fairbanks North Star Borough Code ("FNSBC") at FNSBC S 18.54.025 reflect two Alaska
municipalities with ordinances expressly permitting rezoning with special limitations. In the
FNSBC, the property owner must consent to the' special limitations. This is not a
requirement in the AMC.
While the Alaska Statutes do not expressly address zoning amendments with
special limitations, first and second class boroughs shall provide for planning, platting, and
land use regulation on an area-wide basis and may delegate certain powers by ordinance
to a city. AS 29.40.01 O(b). The Kenai Peninsula Borough delegated zoning powers to the
City of Seward pursuant to the Kenai Peninsula Borough Code ("KPBC") at KPBC S
21.01.20A The City's exercise of zoning authority is consistent with the Seward City
Charter S 4.9 to provide for zoning to address health, safety, and welfare concerns, and
SCC Title 15 establishing the "Seward Zoning Code."
As a home rule municipality, the City has broad powers and may generally adopt
ordinances not otherwise prohibited by law. AS 29.25.010(a)(6) requires that ordinances
be used to "adopt, modify, or repeal the comprehensive plan, land use and subdivision
regulations, building and housing codes, and the official map." This provision is not
expressly applicable to a home rule municipality as a limitation on home rule powers under
AS 29.10.200. However, because the City was delegated zoning authority by the Kenai
Peninsula Borough (itself not a home rule municipality), any rezone amendment should be
adopted as an ordinance in accordance with SCC S 15.01.35.
There are no Alaska Supreme court decisions providing a general validation of
attaching special limitations to a zoning amendment. However, the court upheld a special
fencing requirement added by the Homer City Council to a zoning amendment even though
it was not contained in the planning commission's recommendations and was added
without being remanded to the planning commission for its consideration. Griswold v. City
of Homer, 34 P.3d 1280, 1285-86 (Alaska 2001). In this case the validity of such an
attached condition adopted by ordinance was not questioned. While it appears that zoning
amendments with special limitations are permitted, no assurances can be made on how
the court would rule if directly examining the underlying authority for use of conditions.
The primary challenge made to rezoning with conditions in other jurisdictions is the
allegation of spot zoning. The Alaska Supreme Court addressed spot zoning in the earlier
Griswold case, Griswold v. City of Homer, 925 P.2d 1015, 1019-25 (Alaska 1996) by
analyzing three factors: the consistency of the amendment with the comprehensive plan;
the benefits and detriments of the amendment to the owners, adjacent landowners, and
1:\Docs\43371001\M2DGlenz 19 Zoning Amendmenls.wpd
/4-
Donna Glenz, Acting Planner
Re: Zoning Amendments with Speical Limitations
Our File No. 4337.1001
May 9, 2007
Page 3
,
community; and the size of the area "rezoned." Essentially, if the zoning action has a
rational basis; is not an arbitrary exercise of zoning power to solely serve personal interests
of the" landowner; and has a reasonable relationship toa legitimate government purpose,
a zoning amendment is not likely to be found invalid spot zoning. Zoning ordinances and
amendments are legislative actions that enjoy the presumption of being valid. The burden
is on the challenger to prove invalid zoning. Where a rezoning ordinance was invalidated
in Alaska, it was because of an Open meetings Act violation, not because of the subject
matterofthe rezoning ordinance. BrookwoodArea Homeowners Ass'n, Inc. v. Municipalitv
of AnchoraQe. 702 P.2d 1317 (Alaska 1985).
Establishing prior procedures like those of the Municipality of Anchorage and the
Fairbanks North Star Borough would make it easier to ensure that there are sufficient
public health, safety, and welfare reasons to support a rezone with special limitations. The
type of special limitations permitted in the Municipality of Anchorage are described below:
Anchorage Municipal Code 21.20.020 Amendments with special limitations.
A. Subject to subsections B through E of this section, a zoning map
amendment may include special limitations that restrict structures, or the use .
of land or structures, to a greater degree than otherwise provided for a use
district applied by the amendment.
B. A zoning map amendment may include special limitations for one or
more of the following purposes:
1. To prohibit structures, or uses of land or structures, that would
adversely affect the surrounding neighborhood or conflict with the
comprehensive plan under Chapter 21.05.
2. To conform the zoning map amendment to the comprehensive
plan.in the manner required. by Chapter 21.05, or to further the goals
and policies of the comprehensive plan.
3. To conform development under the zoning map amendment to
existing patterns of development in the surrounding neighborhood.
4. To mitigate the adverse effects of development under the
zoning map amendment on the surrounding neighborhood and
on public facilities and services. [Emphasis added.]
C. A special limitation shall do one or more of the following:
1. Limit residential density; or prohibit structures, or uses of land or
structures, otherwise permitted in a use district;
2. Require compliance with design standards for structures and
other site features;
3. Require compliance with a site plan approved under this title;
1:\Docs\43371001\M2DGlenz Ie Zoning Amendmenls.wpd
IS
'Donna Glenz, Acting Planner
Re: Zoning Amendments with Speical Limitations
Our File No. 4337.1001
May 9, 2007
Page 4
4. Require the construction and installation of improvements,
including public improvements; or .
5. Impose time limits for taking subsequent development actions.
D. A use district subjeCt to special limitations shall be identified on the
zoning map by the suffix "SL," and the number of the ordinance applying the
special limitations shall be printed on the zoning map within the boundaries
of the affected use district.
E. Where a special limitation in a zoning map amendment conflicts with any
less restrictive provision of this title, the special limitation governs.
.
According to a Municipality of Anchorage representative, the most important
underlying factor is subsection B.4. Before imposing a special limitation, the Municipality .
of Anchorage requires factual findings to support the conclusion that such additional
burdens on the landowner are needed to mitigate adverse effects of development.
The caveat to the use of special limitations is that judicial review of any conditions
will focus on their reasonableness, the effect on the nearby land, and whether the rezone
action subject to the special limitations furthers a private interest instead of the general-
welfare. Of special concern are conditions which appear to lack a relationship to the actual
use of the land that is rezoned. This has been contested under circumstances where the
conditions imposed as part of the rezone included requiring dedication of a right -of- way
and improvements such as paving , sidewalks, curbs, and gutters. These requirements
for public improvements raise significant constitutional rights concerns for privately owned
property (due process and regulatory takings issues) and, for public property, concerns of
valid budgetary appropriations. The courts in Scrutton v. County of Sacramento, 79
Cal.Rptr. 872 (Cal. App. 1969) and TransamericaTitlelnsuranceCompanv v. City'of
Tucson, 533 P .2d 693 (Ariz. App. 1975), determined that there needs to be a relationship
between the conditions and the proposed use of the land or the requirements constitute
an unlawful exercise of police power to acquire private property without just compensation.
There was a lack of evidence that the use of the property would generate traffic or other
conditions in the community any greater than the existing zoning and did not reasonably
require street widening and paving improvements in the manner imposed.
The FNSBC appears to address these concerns by requiring land owner consent
to the special limitations. The Municipality of Anchorage has extensive site plan provisions
and, although the above AMC special limitations may require compliance with a site plan,
the specific site plan requirements are addressed in separate provisions. In the same vein,
while public improvements may be required as a special limitation under C.4. above, the
above AMC provisions are silent on whether this includes off-site public improvements.
1:\Docs\43311001\M2DGlenz Ie Zoning Amendments.wpd
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Donna Glenz, Acting Planner
Re: Zoning Amendments with Speical Limitations
Our File No. 4337.1001
May 9, 2007
Page 5
f
Therefore, at this time and for these reasons, any off-site public improvement requiremenfs
should be left to the existing Seward City Code provisions (such as subdivision agreements
or conditional use permits). .
Adopting an ordinance to making a zoning change with special limitations raises one
additional concem. Should the change be done in a single ordinance on a case by case
basis or should the Seward Zoning Code be changed first to establish a framework for a .
special limitations process and then to complete the ordinance change (rezone) for the
particular property? The advantage to establishing such a process first is that there is dear
public notice of the possibility of, and process for, a zoning amendment that may include
special limitations. With express code provisions it may be easier to establish that the
requirement of serving public health, safety, and general welfare purposes for the rezone
is met. For example, the AMC provides written standards for approval which help establish
the necessary public health, safety, and welfare support for the zoning amendment. AMC
~ 21.20.090.
Additional development restrictions are more likely to be valid in the context of a
--subdivision_agreemenLoLcoDditionaLus~LpeJJlli!, as QRQosed to a rezone reg~~~l. If
special limitations are to be imposed, there must be facts to support the condusion that the
area being rezoned differs from other areas in the same zoning classification.
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1:\Docs\43371001\M2DGlenz re Zoning Amendments.wpd
Marianna Kiel, Chair, and
Members -of the
Seward Planning and Zoning Commission
City of Seward
April 2, 2007
,
Subject:
Sixth Ave. Rezone
Dear Ms. Kiel;
We, the Mayor of the City of Seward, and members of the Seward City
Council respectfully request the Planning and Zoning Commission approve a
rezone of Lots 1-6 Block 8 Original Townsite of Seward from their current
zoning of "auto-commercial" to "central business" to ease the development of
the new Seward Community Library and Museum facility.
----.
The new library and museum concepflias Deen a project-long:tiJIfe-coming-
and we feel that the new facility will offer space and enable services essential
to the wellbeing of the Seward public.
We believe that the request for a rezone meets the Seward City land use code
test of contiguity with like-zoned properties to the west and that the
expansion of the central business zoning district is an appropriate action for
the future development for the downtown area.
We look forward to working with the Commission and Administration toward
the positive outcome of this rezone request.
Respectfully,
I
Vanta Shafer, Mayor
City of Seward
It
CITY OF SEWARD
r l
, .
. ,
, MAY - 8 2007 ,
I J
May 7,2007 I
PlANNING OFFICE
City of Seward Planning & Zoning Commission
Rezone of Lots 1-6, Block 8, Original Townsite
.
This email is fa IefYou know that we are in favor onhe~reione-6nnEf above
property. If it is possible we would also agree to the rezoning of our Lots 7 and 8,
which are adjacent to the above property. A number of years ago the property
owners of the lots on the west side of Sixth between Adams and
Railway requested this same change in the zoning, from Auto Commercial to
Central Business. The change was not made at that time, so we are requesting
that it be considered again.
Thanks,
DDvu:lLcl A. sut~erLal'\,cI
tvlClrLLtJ I'\, A. sutl1erLCll'\,cI
/q
DALE R. LINDSEY
P. O. Box 389
SEWARD, ALASKA 99664
907-224-3190
GCITYO;' ";'''"~::f::~'---
>0_. ~ 1
MAY 1 0 2007 !
... -1
~.~~~~~.~.:; ~f.~;;CE
Date: May 07, 2007
To: Community Development Office
City of Seward
PO Box 167
Seward, AK 99664
.
From: D.R. Lindsey, Chairman ~~'-.:..
Harbor Enterprises, Inc.
PO Box 389
Seward, AK 99664
Re: Resolution 2007-09
In response to the May 15,2007 Notice of Public Hearing requesting cominent on
Resolution 2007-09, I herewith wish to be on record as being in support of the proposed
amended Land Use PhiIl.-liDd fe-zone to CentrnlBusmessDisti'icCSimplystated,-as'an--
Adams Street neighbor and former owner of Lot 1- Block 8 Original Townsite property,
I believe these actions will ultimately bring this property into being more consistent with
the communities Long Range Land Use Plan. As we assess Seward's future there is
clearly a "better and wiser" use for this particular property; thus, we need to do whatever
is necessary to move the process forward by supporting Resolution 2007-09.
Thank you for the opportunity to comment.
f
,;;;)0
Sponsored by: Applicant.
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2007-10
,
~-K-RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
RECOMMENDING A STATUS FOR DISPOSAL OF LAND OWNED BY
THE CITY, WHICH HAS A LEGAL DESCRIPTION OF TRACT HI,
FOURTH OF JULY CREEK SUBDIVISION, ROBERTS REPLA T .
WHEREAS, Brad Snowden has applied to buy a portion (approximately five acres) of
Tract HI, Fourth of July Creek Subdivision, Roberts Replat; and
WHEREAS, Tract HI is not mentioned in the Municipal Lands Management Plan
(1995), which is the primary document for determining status for disposal of City owned lands;
and
WHEREAS, the Planning and Zoning Commission reviews and makes recommendations
to the City Council reg!!fding the pros and cons of disposing of a nominated parcel as provided
for in the Seward Lease Policies and Procedures; and --
WHEREAS, the City encourages the development of property within City limits; and
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WHEREAS, the applicant has stated that he plans to build a single family home on the
approximate five (5) acre parcel; and
WHEREAS, public access to the beach would not be affected by the purchase of the
approximate five (5) acre portion of Tract HI requested by the applicant; and
WHEREAS, Tract HI is located in the Resource Management Zoning District which
allows for residential and commercial uses; and
WHEREAS, the disposal of City land can be done most fairly through the Request for
Proposal process; and
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WHEREAS, having complied with the public notification process on May 15,2007, the
Seward Planning and Zoning Commission held the required public hearing on the disposal
options for Tract HI, Fourth of July Creek Subdivision, Roberts Replat.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
~}
Seward Planning and Zoning Commission
Resolution No. 2007-10
Page 2
Section 1. The Planning and Zoning Commission fmds that selling a portion of Tract
HI, Fourth of July Creek Subdivision, Roberts Replat is in the best interest of the City.
~
Section 2. The Planning and Zoning Commission finds that the Request for Proposal
(RFP) process is in the best interest of the City and recommends that the RFP process be
followed.
.
Section 3.
This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15th day of
May 2007.
THE CITY OF SEWARD
Marianna Keil, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
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P&Z Agenda Statement
Meeting Date:
May 15,2007
.. ot'S"'ls<
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Through:
Phillip Oates, City Manager
From:
Donna Glenz, Planning Assistant
f
Agenda Item:
Recommending a status for disposal of land
owned by the City, which has a legal description of Trect HI,
Fourth of July Creek Subdivision, Roberts Replat.
BACKGROUND & JUSTIFICATION:
The City has received a proposal from Brad Snowden to purchase approximately five (5) acres of
Tract, HI, Fourth of July Creek Subdivision, Roberts Replat. Tract HI is a 9.4 acre parcel
located on the east side of Resurrection Bay. Trect HI has frontage along the West side of Nash
Road and also has beach frontage. There is an old cat trail in a gully at the South portion of the
property. The gully has a history of being inundated during flood events. There is a high blUff
along the West side of the property above Resurrection Bay. Trect HI is in the Resource
Management zoning district.
The applicant would like to purchase approximately five (5) acres of the Northern portion of
Trect HI in order to build a single family home.
The staff review has focused on infrastructure concerns with development in this area The Fire,
Electric and Public Works Departments have expressed concerns regarding the un-planned
development of properties on along Nash Road due to lack of public infrastructure. Specific
concerns voiced by the Fire and Police Departments were regarding line of site issues with
accessing Nash Road and general snow removal. Public Works voiced concerns with the lack of
public services, including water, sewer and electric. Also, there were concerns with line of site
and access to Nash Road, stating that prior to any' construction, a driveway access would need to
be designed and submitted for approval. The Electric Department voiced strong concerns with
allowing development without subdivision agreements being in place. Noting that with the
increased development in this area public infrastructure needs to be installed.
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CONSISTENCY CHECKLIST
YES NO N/A'
Comprehensive Plan (2020) .1l
The Comprehensive Plan in generel supports new housing development, and encourages housing
within the City of Seward.
d3
Strategic Plan (1999) - - -X-
The Strategic plan in general supports construction of residential and season housing at all
market levels
Municipal Land Management Plan (1995)
The Municipal Lands Management Plan does not include Tract HI.
-X
Recommendation:
Commission approve Resolution 2007-10, recommending a status for disposal of land owned by
the City, which has a legal description of Tract HI, Fourth of July Creek Subdivision, Roberts
Replat.
t
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Hugh & Iris DarJling
E1/2 NE1/4 & GOVT
LOTS 4 & 5 EXCLUDING
. NASH ROAD ROW .
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City of Seward
Lot 1, USS 3294
;
_._._~....,...
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Snowden Request to Purchase
Tract H1, Fourth of July Subd.
.........
W
05000 Feet
LLJ
1 inch equals 421.399177 feet
City of Seward. .
Tract H1, Fourth
of July Subd.
Roberts Replat
;
\
Carol Roberts
Lot 2A, Fourth of July
Roberts Replat
D.
N
Resolution 2007-10
D",wn By:
DGlenz
Sheet No.
'7~
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Date:
May 15, 2007
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These lots ore at
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wastewater treatM
or dsposal systeM
the ~aska Dept. 0
-.-
.
Marvin Yoder
Seward City Manager
P.O. Box 167
Seward, Ak 99664
RECEIVED
MAR 2 1 2007
OFFICE OF THE
CITY CLERK
Dear Mr. Marvin Yoder
--~ -----S .
Brad now en
P.O. Box 670
Seward, Ak 99664
907 224-3474
907 491-0427
brad@seward.net
cc. Seward City Council
:J-7
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03/2 I/07
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