The URL can be used to link to this page

Home My WebLink About10162007 Planning & Zoning PacketSeward Planning & Zoning Commission Marianna Keil Chair Term Expires 02110 Tom Smith Vice -Chair Term Expires 02110 Margaret Anderson Commissioner Term Expires 02109 Kevin Clark Commissioner Term Expires 02109 Vacant Commissioner Term Expires 02108 Sandie Roach' Commissioner Term Expires 02110 Bob Hicks Commissioner Term Expires 02108 Phillip Oates City Manager Vacant Planner Donna Glenz Planning Assistant Anne Bailey 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. General Fund Budget Presentation and Discussion With City Manager Phillip Oates and Finance Director Kris Erchinger C. Other Reports, Announcements & 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 Special Meeting Agenda October 16, 2007 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 2007-18 granting Greg Thrall a variance from Seward City Code Chapter 15.25 Floodplain Management to construct an aircraft hanger on Lot 8, Block 200 Seward Airport ................................... Page 3 r 8. 9. 2. Resolution 2007-19 recommending the City Council Amend Table 15.10.225. Land Uses Allowed to allow Townhouses by Conditional Use Permit in the Central Business District (CBD)................................ Page 18 3. L'ao lity o T.ae4 D Se.,..,...i T e g Tefm Care I:aeil ty C,.1,.1iyisien U. Cr CC [Pulled from the agenda by Administration] Unfinished Business — None New Business A. [Pulled from the agenda by Administration]................................................................ Page 25 B. Reschedule the November 8, 2007 regular meeting to November 20, 2007 Page 26 * C. Approve October 4, 2007 Regular Meeting Minutes ................................... Page 27 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 Planning & Zoning Commission Special Meeting Agenda October 16, 2007 Page 2 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-18 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING GREG THRALL A VARIANCE FROM SEWARD CITY CODE CHAPTER 15.25 FLOODPLAIN MANAGEMENT TO CONSTRUCT AN AIRCRAFT HANGER ON LOT 8, BLOCK 200 SEWARD AIRPORT WHEREAS, applicant Greg Thrall proposes to construct an aircraft hanger on Lot 8, Block 200 Seward Airport which he has leased from the State of Alaska, Department of Transportation; and WHEREAS, Lot 8, Seward Airport is located within a designated 100-year floodplain as identified on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map (FIRM); and WHEREAS, according to FIRM No. 020012- 3255A, dated May 19,1981, the Base Flood Elevation for Lot 8, Seward Airport is 20.0 feet; and WHEREAS, the City of Seward Floodplain Management Ordinance, Seward City Code Section 15.25.050.B.2.,requires that the lowest floor of non-residential construction be elevated to the base flood elevation, or be flood -proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; and WHEREAS, the applicant would be unable to access the structure for its designed use if the structure were to be elevated above the base flood elevation; and WHEREAS, the applicant has applied to the Planning and Zoning Commission for a variance from the City of Seward Floodplain Management Ordinance to construct the proposed aircraft hanger's lowest floor at less than 1 foot above the adjoining airport apron elevation; 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 October 16, 2007. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. In accordance with Seward City Code Section 15.25.060 the Seward Planning and Zoning Commission has considered all of the following factors: 3 Seward Planning and Zoning Commission Resolution No. 2007-18 Page 2 of 3 a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; Not applicable. f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. The compatibility of the proposed use with the existing and anticipated development; h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. Section 2. The Commission makes the following specific findings regarding the Greg Thrall floodplain variance request: I. The majority of the Seward Airport and surrounding property is located within the floodplain or floodway. Since the applicant's proposed aircraft hanger is dependent upon an airport location, there are no other feasible locations for the structure which are not located within the floodplain. 2. Failure to grant the variance would result in hardship to the applicant for the following reason: It is not feasible to elevate the structure at or above the base flood elevation. To do so would not allow the aircraft hanger to be utilized for its intended purpose. 3. Granting the requested variance will not result in damage or hardship for this or any other property. 4. The proposed use is compatible with the surrounding industrial land uses and existing similar facilities. 5. Considering all of the above findings, the Commission hereby determines that the requested variance to construct the aircraft) changer on Lot 8, Block 200, Seward Airport, at an q Seward Planning and Zoning Commission Resolution No. 2007-18 Page 3 of 3 elevation of 17.4 feet which is approx 3 feet below the base flood elevation, is the minimum necessary to afford relief. Section 3. Based on the above findings, the Planning and Zoning Commission hereby grants Greg Thrall a floodplain variance from Seward City Code § 15.25.050.B.2. to allow the lowest floor of the proposed aircraft hanger to be constructed up to three (3) feet below the base flood elevation of 20.0 feet. The proposed building shall meet either the minimum FEMA requirements for Professional Engineer's watertight design or opening requirements of wet -flood proofing, allowing automatic equalizing of hydrostatic flood forces. Section 4. In accordance with 15.25.060.B.8., the Community Development Office must give written notice to the applicant that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Section 5. This resolution shall take effect ten (10) days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 16'h day of October 2007. THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: (City Seal) Jean Lewis, CMC City Clerk j P&Z Agenda Statement Meeting Date: October 16, 2007 Through: Phillip Oates, City Manager From: Donna Glenz, Planning Assistant p� Agenda Item: Greg Thrall Request for a Variance to Floodplain Management Standards SCC Chapter 15.25 on Lot 8, Block 200 Seward Airport Background: Greg Thrall applied for a building permit to construct an aircraft hanger on Lot 8, Block 200, Seward Airport Lease Tracts. During the permit review process it was identified that the parcel is located within a Federal Emergency Management Agency (FEMA) mapped 100-year floodplain (Zone A3). The City's Floodplain Management Ordinance (Chapter 15.25) guides development in the floodplain in order to lessen the economic loss caused by impending flood events. Provisions of the ordinance Section 15.25.050 General Standards provides specific construction standards for development in the floodplain. Section 15.25.050 B. 2. requires that nonresidential construction must have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1. Be flood -proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Based on FEMA's Flood Insurance Rate Map (FIRM), the Base Flood Elevation for the applicants lease parcel is 20.0 feet. The applicant has applied to construct the proposed aircraft hanger at no more than one (1) foot above the adjoining airport apron which according the applicants surveyor (Cline & Associates), the elevation is between 16.0 and 16.7 feet. Variance Requested: The applicant is requesting a variance from Seward City Code § 15.25.050 B.2. in order to construct the proposed aircraft hanger's lowest floor approximately 3 feet below the base flood elevation. CONDITIONS AND FINDINGS FOR GRANTING A VARIANCE Variances as interpreted in the National Flood Insurance Program (NFIP) are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. As such, variances from the flood elevations should be quite rare. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood proofing than watertight or dry -flood proofing where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (B)(1) of this section, and otherwise complies with Section 15.25.060(A) and (B). Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. FACTORS TO CONSIDER: According to the Seward Zoning Code § 15.25.060, prior to granting a Variance, the Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: a. The danger that materials maybe swept onto other lands to the injury of others; There is no reason to believe that placement of the structure will increase the danger of materials being swept onto other lands. The proposed hanger shall meet FEMA wet flood -proofing minimum standards. b. The danger to life and property due to flooding or erosion damage, The past three flood events in 1986,1995 and 2006 did not present any significant threat to life and/or property in the area of the proposed structure. c. The susceptibility of the proposed facility and its contents toflood lood damage and the effect of such damage on the individual owner, The past three flood events in 1986, 1995 and 2006 did not present any significant threat of flooding to the area. d The importance of the services provided by the proposed facility to the community; None - the proposed hanger is for private use. e. The necessity to the facility of a waterfront location, where applicable; Not applicable. f. The availability of alternative locations for the proposed use which are not subject to ,flooding or erosion damage; The majority of the Seward Airport and surrounding property is located 2 within the floodplain or floodway. Since an aircraft hanger requires a location near an airport, there are no other feasible locations for the proposed structure. g. The compatibility of the proposed use with the existing and anticipated development; The proposed use is compatible with the surrounding industrial land uses and existing similar facilities. h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; The 2020 Comprehensive Plan section 3.8.2 addresses floodplain development by supporting the participation in the National Flood Insurance Program (NFIP). Flooding of streams and rivers has historically occurred in Seward and the outlying areas as most flat lands along the south central Alaskan coast is floodplain. The Resurrection River channels and the airport erosion need continued attention. There is no evidence that this project would in anyway increase or hinder the existing flooding issues in the area. i. The safety of access to the property in times of flood for ordinary and emergency vehicles; It does not appear that the proposed structure will effect access to the property during flood events. j. The expected heights, velocity, duration, rate of rise, and sediment transport of theflood waters and the effects of wave action, if applicable, expected at the site, The past three flood events in 1986, 1995 and 2006 did not present any significant threat to life and property in the area of the proposed structure. k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. Electrical utilities are the only governmental services in the area of the proposed hanger, no increased cost expected. Upon consideration of the above factors and the purposes of Chapter 15.25 Moodplain Management, the Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Conditions for Variances. L Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of % acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subparagraphs (a) through (k) of subsection (A) (4) of this section have been fully considered As the lot size increases the technical justification required for issuing the variance increases. Not Applicable 2. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places without regard to the procedures set 1 forth in this section. Not applicable 3. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. Not applicable. However it should be noted that the designated floodway is located just north of the cross wind runway. The main runway is located within the floodway. 4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. The majority of the Seward Airport and surrounding property is located within the floodplain or floodway. Since the proposed aircraft hanger is dependent upon an airport location, and it is not feasible to elevate the structure above the base flood elevation, the requested variance to construct the aircraft hanger on Lot 8, Block 200, Seward Airport at an elevation of 17.4 feet, which is approximately 3 feet below the base flood elevation, is the minimum necessary to afford relief. RECOMMENDATION: Commission approve Resolution 2007-18, granting Greg Thrall a variance from Seward City Code Chapter 15.25 Floodplain Management to construct an aircraft hanger on Lot 8, Block 200, Seward Airport. 4 9 Return to: City of Seward Community Development Department P.O. Box 167 Seward, AK 99664 VARIANCE REQUEST to SCC 15.25 FLOODPLAIN MANAG I. APPLICANT INFORMATION APPLICANT Address c?,S� 7 1,:,' Prr1'rr)ras-e City, State, Zip22in(dl Day Phone o7 8t " .q3 Fax AGENT Address City, State, Zip Received By: Date: CITY OF SEWARO 19 W PLANNING OFFICE Day Phone Fax * If the applicant or agent is not the owner of record, a letter of authorization for this variance request, signed by the owner, must be attached. II. PROJECT LOCATION Assessor Parcel No. Township Range Section 34 Subdivision Lot Q, Block anc� III. INFORMATION/DOCUMENTATION REQUIRED Please attach additional pages if there is not sufficient space for your response. A. Documentation Required: 1. Completed City of Seward Floodplain permit application. 2. As -built or proposed site plan to scale, showing house location and local topography. 3. Building floor plans to scale. 4. A completed Elevation Certificate, FEMA form 81-31. B. Describe the exact variance requested: - LYE. M C T �- �- krr 1+4F L.00 R F c IQ 2 F -1'*kAQ C 56n-r Al c-'Vt- -(��P .tO'Q'A�-) —,. " Ir".� Ar-jc� SiT C. Describe any conditions which exist peculiar to this piece of property that are not applicable to other property in the same general location: G•10 N F D. Strict interpretation ofee provisions of SCC 15.25 Floodplain Management, would deprive the applicant ofrights commonly enjoyed by other properties in the same general location. These rights are: 44 Pi i N.6 MV i 4 A c A,�9, s FCCT 7q-8ov E -TtiE ApRrso \ 10O LD Dl FFEZ 6Rn rh —+ +IE i)LN (SA R S N 6 W E Y I -1 i7 i "C &--r :nJE S t= W A-Rn 141 R Po R T- Akl b Wo�Ln + �rn R C-NT1 910r, A-n) AIRPLANE: 8E I tJ6 MAVEri IfJTO SA -if) 4Am,AR IQ Page 1 of 2 E. The described special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute a monetary hardship or inconvenience in that: F. Granting thelvariance wiII"not result in increased flood height for the following reasons: A RA} ]6AiR fLnriz \Nol '�LC. kf" -To �I Fk CF;, -To tQ1 CAuSIbJ(, Ji FF z < < = f 7 TO rN-11= P { �.: r e G. Describe the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the owner: T)Lt LECEAFT IJJi LL L EA9-KE� H. Describe the availability of alternative locations for the building which are not subject to flooding or erosion damage: NONE I. Describe the compatibility of the facility with the existing and anticipated development in the area: c-nT_nn �- J i T � J, Describe the safety of access to the property in times of flood for ordinary and emergency vehicles: IV. ADDITIONAL REQUIREMENTS FOR DEVELOPMENT IN FLOODWAYS For development in floodways, the applicant must submit documentation that this variance will not result in any increase to flood levels during the base flood, e.g. conveyance calculations and/or step -backwater analysis certified by a registered professional engineer or architect. The Floodplain Administrator will determine which analysis are required for individuals projects. V. CERTIFICATION STATEMENT: The information contained on this form and ,the attachments are true and complete to the best of my knowledge. I grant permission for city staff to enter onto the property for the purpose of processing the variance request. I understand that a City of Seward Floodplain permit is also required and that the granting of a variance does not guarantee issuance of a City of Seward Floodplain permit. Cost of flood insurance is determined by actuarial risk and will not be modified by the granting of a vace. "'XII Signatuk of Applicant or Agent Date Page 2 of 2 •� r-.. r�i� t on L In LLJ co Z fitly I I I LOT 7 a,. I N86 32'34 " E l 1. o. 149- 93' 56.4' ".......... .......... Z Z o� 42.5' .............. ............ a CnJ N N ' Proposed .............". 4Y • • •5t.0.^....... (p I, Metol Bldg. 8 U on len Slob EIev�I8.0• LOT O �......"... N .. (a)FF i; L l (See Note 5) .............. i5 •.'.'.'."..•.•.... ' . . '. o Apron-•• � O O (o( ........... Uzi '..... w S86.30'15 "W 149. 83' I I I I LOT 9 I i DATE OF SURVEY. 06129106 RECORD DOCUMENTS Ak. D.O. T. & P.F. Airport Land Occupancy Plan Doted 02113180, Revised 09105101. F.E.M.A. Rood Insurance Rote Mop 020012 J255A Doted 05119181. LEGEND ® Rebor & At. Cap Property Corner /lb, Existing Ground Elevation Note: Building shown is not the applicants building. 250.0' OF Arc AV 9th� :.....,��Z. ....,Y, > . ........:.� . ♦ �, Wm. Nicholas Cline ; aO 00 LS-7569 ` •♦♦♦44 OF..S...... P4W Valk lk NOTES 1 Flood Zone Desigrt4ion: A3 2 Bose Flood E60ion=20' 3 Vertical Datum is NGVD 1929, Mean Sea Level. 4 Basis of Devotions is BM X-74, Elev=25.45' 5 The proposed floor elevation for the building shown hereon is 2' below the Bose Flood Elevation. An exception to Seward Roodploin Ordinance 15.25 is required prior to construction. 0 50 100 GRAPHIC SCALE 0 r-� KPB Flood History Map Seward Airport 0 170 340 Feet I i I Lot 8, Block 200 /� 1986 Flooding N Floodplain Variance Request - Thrall r� Sheet No. Checked by: D.Glenz I l Alaska la a mP Daft: P8Z Public Hearing 10/16/2007 Sponsored by: Star CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-19 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, ' RECOMMENDING THE CITY COUNCIL AMEND TABLE 15.10.225. LAND USES ALLOWED TO ALLOW TOWNHOUSES BY CONDITIONAL USE PERMIT IN THE CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, following a Planning and Zoning work session on the subject of Townhouses in the Central Business District the Commission requested an amendment be made to the Zoning Code; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2007-_, attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 16'' day of October 2007. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk THE CITY OF SEWARD, ALASKA Marianna Keil, Chair (City Seal) 0 • P&Z Agenda Statement Meeting Date: October 16, 2007 Through: Phillip Oates, City Manager From: Donna Glenz, Planning Assistant Agenda Item: Amending Seward City Code Title 15, Land Uses Allowed Table 15.10.225 To Allow Townhouses By Conditional Use Permit In The Central Business District (CBD) BACKGROUND & JUSTIFICATION: In response to several public inquires and requests to allow townhouse development in the Central Business District, the Planning and Zoning Commission held a public work session on September 4, 2007. Following the review and discussion at the work session the Commission requested staffbring forward a proposed code change to the Land Uses Allowed Table § 15.10.225. Attached for the Commission review and recommendation to Council is Resolution 2007-19 and a proposed Ordinance change. This proposed Code change would allow townhouse development in the Central Business District by Conditional Use Permit. Townhouses are currently allowed by Conditional Use Permit and strict Code guidelines within the Multifamily (R3), Urban Residential (UR), Office Residential (OR), Auto Commercial (AC) and Resource Management (RM) Zoning Districts of Seward. Townhouses are similar in character to apartments, condominiums and multifamily dwellings which are currently allowed by Conditional Use Permit within the Central Business District, (CBD). Seward City Code § 15.10.235. Townhouses currently provides development guidelines as follows: (a) Generally. The standards set forth in this section shall complement the general standards set forth in this chapter and shall not be construed as superseding any general standard. In the event of conflict, the stricter standard shall control. Notwithstanding the provisions of any other section of this chapter, townhouses shall be conditionally permitted in accordance with the land uses allowed table 15.10.225 if the following requirements are met. (b) Conditions. The proposed development meets all conditions specified in this chapter under section 15.10.320, conditional use permit. All townhouse developments constructed pursuant to a conditional use permit issued under the provisions of this chapter shall be constructed in compliance with current state statutes. (c) Plan. A detailed development plan is submitted with the application for a 19 Planning and Zoning Agenda Statement Page 2 of 4 conditional use to include a site plan, drawn to scale. Such site plan shall include, but shall not be limited to, the topography and drainage of the proposed site, the location of all buildings and structures on the site, courts and open space area, circulation patterns, ingress and egress points, parking areas (including the total number of parking spaces provided), and a general floor plan of the principal buildings, together with other such information as the commission shall require. The number of contiguous units permitted shall be related to the topography, aesthetics, access and public safety. The development plan and the conditional use application may be rejected or modified if the development plan is not consistent with good design, efficient use of the site, and community standards. (d) Number of units. Not more than six contiguous townhouses shall be built in a row with the same or approximately the same front line. (e) Separation requirement. No portion of a townhouse or accessory structure in or related to a group of contiguous townhouses shall be closer than 15 feet to any portion of a townhouse or accessory structure related to another group, or to any building outside the development area. (f) Minimum lot width. Minimum lot width for an individual townhouse is 12 feet. Larger lot and townhouse units may be required to assure adequate living space. (g) Lot coverage. The maximum lot coverage by all buildings shall be 40 percent. Carports open on three sides shall not be considered buildings for calculating maximum lot coverage. (h) Parking. Grouping of parking spaces is desirable; provided, that spaces intended for a particular unit are no more than 100 feet from the unit. On minor streets, use of the right-of-way may be permitted for maneuvering incidental to parking where this will facilitate snow removal. On cdllector and arterial streets, maneuvering incidental to parking shall not be permitted. (i) Covered storage. Two hundred cubic feet of covered storage space shall be provided exclusive of the living area of the unit. 0) Party walls. All party walls shall adhere to fire safety standards as established by the city fire code. (k) Homeowners association. The developer or subdivider of any townhouse development shall give evidence that compliance with the Horizontal Property Regimes Act, AS 34.07, has been made prior to the sale of any townhouse dwelling units. (1) The developer or subdivider of any townhouse development shall deposit with the appropriate homeowners association, formed in compliance with the Horizontal Property Regimes Act cited in this section, a contingency fund in the sum of $500.00 per dwelling unit in the townhouse development fund. (2) A copy of the bylaws of the homeowners association showing in what manner the aforesaid contingency fund shall be controlled shall be furnished to the city for review and approval. R Planning and Zoning Agenda Statement Page 3 of 4 (1) Landscaping. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. (m) Rights -of -way. All roadways, fire lanes, or areas for maneuvering incidental to parking (not to include designated commonly -held open space or recreational areas) shall be a minimum of 22 feet in width. Furthermore, no vehicular parking shall be allowed in the aforementioned areas. While the City Code does not provide a definition specific to townhouses it does provide definitions for the following similar uses: 15.10.140. Definitions. Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building (see "dwelling") Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multi -unit building or development. Each owner owns a common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. Dwelling. A building designed or used exclusively as living quarters for one or more families. Dwelling multiple -family. A building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. The following definition of a townhouse was provided on the web by the board of real estate business: Townhouse: A townhouse is one of a row of homes sharing common walls. Differing from condominiums, townhouse ownership does include individual ownership ofthe land There can also be common elements, such as a central courtyard, that would have shared ownership. 91 Planning and Zoning Agenda Statement Para d of d Consistency Checklist: 1. Comprehensive Plan (2020) Yes No NA X 3.2.1.2. Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations. (Page 20) • Promote infill development by promoting housing construction on small vacant lots in already established areas of the city. • Evaluate mixed commercial and residential uses in the Seward downtown business district. • Encourage downtown apartments and other high density residential development, including seasonal housing at all market levels. 2. Strategic Plan (1999) X Continue to Support and Encourage the Re -vitalization of Downtown (page 14) • Focus downtown revitalization efforts on vacant and dilapidated buildings • Encourage downtown resident apartments As per City Code § 15.01.040 Public Hearings; the public notice requirements were met. At the time of publishing this agenda, one public inquiry had been received. The inquiry was seeking clarification on the Central Business District boundaries, but otherwise was in support of the Code change. RECOMMENDATION: Commission approve Resolution 2007-19, recommending the City Council adopt the attached Ordinance changing the Seward City Code Title 15, Land Uses Allowed Table 15.10.225 To Allow Townhouses By Conditional Use Permit in the Central Business District (CBD). a Introduction Date: Public Hearing Date: Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA ORDINANCE 2007- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLE 15, LAND USES ALLOWED TABLE 15.10.225 TO ALLOW TOWNHOUSES BY CONDITIONAL USE PERMIT IN THE CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, townhouses are not currently allowed within the Central Business Zoning District (CBD); and WHEREAS, an apartment in a commercial building is allow outright within the Central Business District; and WHEREAS, apartments (two or more), condominiums and multifamily dwellings are currently allowed by Conditional Use Permit within the Central Business District, (CBD); and WHEREAS, townhouses are similar in character to apartments, condominiums and multifamily dwellings; and WHEREAS, townhouses are currently allowed by Conditional Use Permit within the Multifamily (R3), Urban Residential (UR), Office Residential (OR), Auto Commercial (AC) and Resource Management (RM) Zoning Districts of Seward, and WHEREAS, Seward City Code § 15.10.235. Townhouses., provides requirements and standards for the development of townhouses within the community; and WHEREAS, the community has expressed desire to encourage residential development within the downtown core are of Seward; and WHEREAS, allowing townhouses within the Central Business Zoning District (CBD) by Condition Use Permit will provide more options for residential development; and WHEREAS, it is in the public interest to maintain a city code that is up to date and in tune with current community needs; and WHEREAS, allowing townhouses by Conditional Use Permit in the Central Business Zoning District (CBD) will not create any greater impact on the district than other multifamily type development currently allowed in the area; and � 3 CITY OF SEWARD, ALASKA ORDINANCE 2007- Page 2 of 2 WHEREAS, at the October 16, 2007 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed Zoning Code amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Title 15 Seward City Code Table 15.10.225 Land Uses Allowed is hereby amended as follows: [item in BOLD & ITALIC is added to the table] RR R1 R2 R3 UR OR AC HC CB I RM INS P Dwelling, attached single family, ie: C C C C C C townhouse, row Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS DAY OF 2007. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor ay City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038. MEMORANDUM DATE: October 10, 2007 Caty of Seward, Alaso 1%3 1%5 2005 All -America City TO: Planning and Zoning Commission Community Development Department FROM: Phillip Oates, City Manager ..,� /01"/ ( ! Z oor SUBJ: New Business, Planning and Zoning Agenda Item A: Review and make recommendation concerning a request to add nine (9) rooms to the Holiday Inn Hotel allowed by Conditional Use Permit 2002-01. A verbal request for a ruling on the need to amend Conditional Use Permit 2002-01 was received by the Community Development Office on Tuesday, October 2, 2007 from D.J. Whitman. The request was to add 9 rooms to the current 81 room Holiday .Inn Hotel Conditional Use Permit. Staff reviewed the request and choose to place the item on the. October 16, 2007 Planning and Zoning Agenda for discussion and recommendation from the Commission. Following a notice from staff to Mr. Whitman of the decision to place the item on the P&Z Agenda for discussion, Mr. Whitman. scheduled a meeting with administration to review the request. Following a discussion and review of the request the following determination by administration shall apply: • The addition of 9 rooms to the existing 81 room Holiday Inn Hotel does not require an amendment by the Planning and Zoning Commission to the existing Conditional Use Permit 2002-01. • All reviews and approval for the addition of 9 rooms to the Holiday Inn Hotel shall be handled administratively. 0�5 Planning and Zoning Commission Agenda Statement Meeting Date: October 16, 2007 Through: Donna Glenz, Assistant Planner 4� From: Anne Bailey, Executive Liaison Agenda Item: Reschedule the November 8, 2007 Planning and Zoning Regular meeting BACKGROUND & JUSTIFICATION: The Regular November Planning and Zoning meeting is scheduled for Thursday November 8, 2007. At the time of this printing no public hearings have been received by the Community Development Department for this agenda. Due to staff scheduling it is requested the Commission reschedule the November 8, 2007 meeting to Tuesday, November 20, 2007 at 6:30 p.m. RECOMMENDATION: Staff requests the November 8, 2007 regular meeting be rescheduled to November 20, 2007 at 6:30 p.m. a c0 City of Seward, Alaska Planning Commission Minutes October 4, 2007 Volume 6, Page 150 Call to order The October 4, 2007 Regular Meeting of the Seward Planning & Zoning Commission was called to order at 7:30p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Roach' led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Tom Smith Sandie Roach' Margaret Anderson Kevin Clark comprising a quorum of the Commission; and Donna Glenz, Planning Assistant Anne Bailey, Executive Liaison Absent: Bob Hicks City Administration Report Planning Assistant reported on the following items: • Announced the election results. The mayor results were Corbridge 332 and Shafer 204 and the City Council results were Valdatta 379; Smith 297; Keller 258; Schafer 230 and French 216. • Congratulated Commissioner Smith on his election to Council and thanked him for his years of service on the Planning and Zoning Commission. • The State Department of Corrections continued to move forward with their proposed 140 bed minimum security expansion at Spring Creek Correctional Center and more information would be presented to the Commission as the project progressed. • On October 12, 2007, Tom Shepard, City Project Manager, would leave the City and hopefully the position would be filled soon. • Hired Kathy Mize as the temporary executive liaison to replace Bailey. Mize would start next week to train and Bailey's last day would be October 17, 2007 for maternity leave. • Health Fair was October 13, 2007. • Applications for the Planning and Zoning Commission had not been picked up and the Commission would have to vacant seats. 97 City of Seward, Alaska Planning Commission Minutes October 4 2007 Volume 6, Page 151 In response to Roach', Glenz confirmed that Tom Shepard was moving out of town. In response to Clark, Glenz stated that she had not heard when Malcolm Brown would return but as far as she knew it would be the end of November. In response to Keil, Glenz stated that she had received two zoning complaints that she was working on. She explained that one complaint was with Glacier Taxi and the other was with Leif Olsen's Towing Company. Keil stated that she was not the one that complained. In response to Roach', Glenz stated that she did not know if Leif Olsen purchased property and would be moving his vehicles outside of town. Clark confirmed that Leif Olsen had purchased property but the intentions of the property were unknown. Glenz further explained that the cabs were a licensed business outside the city limits but not inside the city limits except for the driving portion. She continued that they did not have a site location for the cabs inside city limits. Roach' asked about the bees and stated that she had a couple of kids stung the other day. Other Reports, Announcements & Presentations- KPB Planning Commission Report — Tom Smith Smith stated that there was nothing on the agenda that affected Seward. He stated that there were some long meetings due to appeals and violations and explained what had happened. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing— None Approval of Agenda and Consent Agenda — Motion (Smith/Clark) Approve the Agenda and the Consent Agenda Motion Passed Unanimous Consent The following items were approved under the Consent Agenda: September 4, 2007 Regular Meeting Minutes Unfinished Business Items requiring a Public Hearing- None 9*9 City of Seward, Alaska Planning Commission Minutes October 4, 2007 Volume 6, Page 152 New Business Items requiring a Public Hearing- None Unfinished Business — None New Business — Resolution 2007-17 granting a six (6) month extension to Conditional Use Permit No. 2007-03, issued to Tom & Lori Swann for the development of an 11-room hotel at 504 Adams Street Glenz explained Resolution 2007-17. She continued to explain that City Code states that the Conditional Use Permit would lapse after six months of issue if a building permit had not been procured or use had not been initiated and that the Commission was allowed to grant a six month extension if nothing had changed. Glenz stated that the applicants plan for the hotel had not changed; they were completing the construction plans for the hotel and planned to apply for a building permit in the Spring of 2008. She stated that staff recommended the Commission approve Resolution 2007- 17. In response to Keil, Glenz stated that the applicant would have to apply for the building permit before April and if the applicant was not ready they could apply to the Commission for a second extension. Motion (Smith/Anderson) Approve Resolution 2007-17 Motion Passed Unanimous Informational Items and Reports (No action required) — Special meeting notice for October 16, 2007, 6:30 p.m. In response to Keil, Glenz stated that there were three public hearing items that night. She explained that there was the Conditional Use Permit for the Long Term Care Facility, a Floodplain Variance application for a hanger at the airport and a request for a zoning change to allow townhouses in the central business district. Keil asked if this was the same hanger that was supposed to be built before. Glenz replied that this was the same piece of property but was a different hanger, lease holder and would be built at a different elevation. Commission Comments - Smith stated that he would have to resign and asked if he needed to attend the October 16, 2007 meeting to guarantee a quorum. Keil replied that he should be there and suggested he resign on October 17, 2007. Mr City of Seward Alaska Planning Commission Minutes October 4, 2007 volume 6, Page 153 Smith said that he had enjoyed his time on the Planning and Zoning Commission and that they had always had a good and diverse group. He stated that did not always agree but when a decision had been made the Commissioners accepted it and he had always appreciated that. Smith stated that Glenz had been there the seven years he had been on the Commission and that about half the time Glenz's division had been short-handed or without a director. He recognized and thanked Glenz for her hard work, time and effort. Roach' agreed with Smith about Glenz and stated that she has been a great resource. She stated that she would miss having Smith on the Commission. Keil thanked Smith and stated that she believed he would be a nice addition to the Council. She believed that Council would have a diverse point of view and that the City would have a bright future. She thanked Glenz and stated that her work was appreciated. Glenz replied that it meant a lot to be appreciated and that she felt the work she did helped allow the Commission make their decisions. Keil wished Bailey a good maternity leave. Citizens' Comments — None Commissions and Administration Response to Citizens' Comments — None Adjournment Meeting adjourned at 8:49 p.m. Anne Bailey Executive Liaison (City Seal) Marianna Keil Chair 36 Nand Richey 1 iu/lz/wui i:30 rm Nand Richey 2 lU/1L/LUU/ 1:J0 I-M