HomeMy WebLinkAboutRes2009-006Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
121?SOLUTION 2(109-06
A RESOLUTION OF THE SEWARD PLANNING AND 7.ON1NG
COMMISSION, GRANTING A CONDITIONAI. USE PF.RMI'1' TO
DENNIS AND MARY BAILEY' dba DScM PKOPER"I'IF.S, TO OPERATI?
NIGHTLY LODGING WITHIN TWO MULTI-FAMILY DWELLING
APARTMENT STRUCTURES ON LOTS 23-3a. BLOCK 8, LAUI3NF,R
ADDITION LOCATF.U AT 1104 FOURTH AVENUE WITHIN THE
HARBOR COMMERCIALLONING DISTRICT
WHEREAS, Dcunis and Mary Bailey, dba D&M Properties, have applied for a
Conditialal Use Permit (CUP) to operate nightly lodging within the Harbor Lights multi-family
apartment buildings; and
WHEREAS, the property is located at i 104 Fourth Ave with a legal description of Lots
23-34, Block 8, Laubner Addition, within the Harbor Commercial Zoning District (HC); and
WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), Lodging,
multi-family dwelling apartment is allowed within the Harbor Commercial Zoning District by
Conditional Use Permit (CUP); and
WHEREAS, having complied with the public notification process; on April 7, 2009, the
Seward Planning and Zoning Commission held the required public hearing on the Conditional
Use Permit application.
NOW, THEREFORE, BE 1T RESOI_,VED by the Seward Planning and Zoning
Commission that:
Section 1. In accordance with SCC ~ 15.10.320 (D), the Planning and 7,oning Commission has
reviewed the applicant's request for a CUP to operate nightly lodging within amulti-family
apartment buildings on Lots 23-34, Block 8, Laubner Addition, and made the following Findings
of Pact:
1. The use is consistent with the purpose of this chapter (tlze Seward Zoning Code) and
lire purposes of~the zoning district.
Finding: This condition has been established.
The property is located within the Harbor Commmercial Zoning District (HC). Nightly
lodging within amulti-family structure is allowed in the Harbor Commercial Zoning
District by Conditional Use Permit. ~l'he Harbor Commercial Zoning District provides an
area for water-dependent or water-related uses with particular emphasis on transportation,
tourist, recreational, commercial or industrial enterprises which derive major economic or
social benetit from a harbor location. Operating nightly lodging is consistent with the
other uses in the Harbor Commercial Zoning District.
Seward Planning and Zoning Commission
Resolution No. 2009-06
Pagc2of3
2. The value of adjoining property will mrt be signijrcantly impaired
Finding: This condition has been established or shall be through the conditions.
'The neighboring Properties are virtually vacant land which is generally used as parking or
summer camping areas for swnmer visitor actives. The parcel adjoining to the North is
the City owned public boat launch.. within Harbor Conunercial '/.Doing. The parcels to
the East arc vacant land used as summer water front camping for motor homes with
portions zoned Harbur Commercial and portions zoned Ptak. ~I'o the Wcst is the summer
camping/parking lot belonging to Seward Wildlife Curses. [nc. which is zoned Auto
Commercial. The area to the South is the City owned lish ditch, parking lot and baseball
Held which arc all zoned Park. There is no indication the requested nightly lodging
within the multi-family structure will negatively impact the value of any of adjoining
properties.
3. The proposer! use is in harmony with the Seward Compre{tensive Plun.
Finding: This Condition has been met.
The proposal is in harmony with the Seward 2020 Comprehensive Plan and Strategic
Plan (1999) in that both plans encourage growth of year-round business. The Small Boat
Harbor Management Plan (1993] recommends the commercial uses allowed in the Small
Boat Harbor to he targeted to those that strengthen and enhance the Small Boat Harbor as
a center for marine/tourist conveniences.
4. Public Services and facilities are adequate to serve tJte proposed use.
Finding: This condition has been established. ~"
All water, sewer, and power are available and in current use to the property. Suitable
refuse collection is currently in place. "There is no indication or expectation of change to
the use of public services.
S. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been established
There is uo evidence nightly lodging within the multi-family structure will cause any
additional concerns to public safety, health or welfare. Adequate fire, police and solid
waste disposal services are available to the property. The current parking plan for the
existing structure more than meets the Seward parking code. 'The applicant has noted that
the property provides extra parking for recreational vehicles to the tenants and guest of
the facility. The applicant is required to obtain a Seward business license and lodging
permit, which requires an annual life safety inspection of the units. There is no indication
the nightly lodging will be harmful to public safety, health or welfare.
6. Any and all specific conditions deemed necessary by the commission to fulfill the
above-mentioned conditions shall be met by the applicant. These may uzclude but are
not limited to measures relative to access, screening, site development, brrilding design,
operation of the use and other similar aspects related to the proposed use.
Based on the about tindings and conclusions, approval of the CUP shall be subject
to the following conditions:
Seward Planning and Zoning Commission
Resolution No. 2009-06
Page 3 of 3
1. The use of the l larbor Lights Apartments for nightly lodging is subject to ,Seward
City Coded 15.10.225(b)(7) Mt.dti-family dwellings used fr~r lodging purposes are
not required to fie the business or property owner's residence. The use shall be
limited to not more than five apartment units (per building).
2. The [nightly lodging within the] Harbor bights Apartments shall be limited to one
apartment unit (per building).
3. The Planning and Zoning Commission may modify this conditional use permit if
changed uses no longer conform to the standards and legal requirementsjustifying
its present approval, or if the permittee applies for a modification to meet a
different development plan that conforms to the standards and legal requirements
for approval of a conditional use permit.
4. Any proposed modification plan shall he subject to the puhlic notice and public
hearing requirements of law, which shall occur only after payment of the tiling
fee established by resolution of the city council.
Section 2. The Planning and Zoning Commission finds the proposed use, subject to the
above conditions satisfies the criteria for granting a conditional use permit provided the
conditions listed in Section 1, Subsection 6 are met by the applicant, and authorizes the
administration to issue a conditional use permit to D&M Properties to operate nightly lodging
within the l larbor Lights multi-family apartment buildings.
Section 3. The Planning and 7.oning Commission finds that adherence to the conditions of
.... this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320;
Conditional Use Permits, and authorizes the administration to issue a conditional use permit.
Additionally, the administration shall periodically confirm the use conforms to the standards of
its approval.
Section 4. This resolution shall take effect ] 0 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7~'
day of April 2009.
AYES: Ecklund, Heinrich, McClure, Morgan, Stauffer
NOES: Roach'
ABSENT: None
ABSTAIN: None
VACANT: One
ATTEST:
s, ~~
--~-~ i '~ : i ~ a z z~'-
.lean Lewis, CMC
City Clerk (City Seal)
THE CITY OF SGWARD
Sandie Roach', Chair
~Ts~,;,.
~.,
x ~~.
c'
~~ .~
o ~. ,~ ~ ,~~-~,