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HomeMy WebLinkAboutRes2016-005 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2016-05 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO KENAI PENINSULA HOUSING INITIATIVES, INC. TO CONSTRUCT AND OPERATE A FIVE (5) UNIT SENIOR HOUSING APARTMENT COMPLEX ON LOT 11A-2, FORT RAYMOND SUBDIVISION NO. 4, (replat pending) LOCATED AT 2200 DIMOND BOULEVARD WITHIN THE MULTI-FAMILY (R3) ZONING DISTRICT (rezone pending) WHEREAS, Kenai Peninsula Housing Initiatives, Inc. (KPHI) has requested a Conditional Use Permit (CUP) to construct and operate a 5 unit senior housing development on Lot 11A-2, Fort Raymond No. 4 (replat pending); within the Multi-Family Zoning District (R3) (rezone pending); and WHEREAS, in accordance with the Land Uses Allowed Table §15.10.225, Dwelling, multi-family (three or more units) is allowed within the Multi-Family Zoning District (R3) by CUP; and WHEREAS, the proposed Fort Raymond No. 4 replat is currently before the Kenai Peninsula Borough for final review and the rezone of the proposed Lot 11A-2 is before the City Council for Public Hearing and enactment on May 9, 2016; and WHEREAS, the developer and architect continue to work on the development requirements but have met the lot coverage, required setbacks, building height and required parking with maneuverability on site within the submitted basic site plan received on April 13, 2016; and WHEREAS, having complied with the public notification process; on May 3, 2016, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. In accordance with SCC§15.10.320(D), the Planning and Zoning Commission has reviewed the applicant's request for a CUP to construct and operate a five (5) unit multi-family Seward Planning and Zoning Commission Resolution 2016-05 Page 2 development on Lot 11 A-2, Fort Raymond, located at 2200 Dimond Blvd. and declared the following Findings of Fact: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: This condition will be met with the approved re-zone. The applicant has requested a rezone of Lot 11A-2 from Park to Multi-Family (R-3) zoning. The rezone request is currently before the City Council for enactment. Based on the proposed rezone, the project site plan meets all setback, structure height and parking requirements. The proposed multi-unit development is consistent with the purpose of the Zoning Code and the Multi-Family Zoning District. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The adjoining properties to the north include the remainder of Lot 11A,used as the Forest Acres Park and further out a mix of single family homes and undeveloped vacant land. To the west is the large City owned parcel, zoned Institutional, leased to the US Army for a resort and lodging. Areas to the south and southwest include the City owned parcel previously leased to the US Air Force as a resort and campgrounds and a vacant parcel abutting the Seward Highway, both parcels are zoned Institutional. The parcel to the east is vacant and currently used for campgrounds, also zoned Institutional. There is no indication the proposed senior housing facility will negatively impair the value of any adjoining properties. C. The proposed use is in harmony with the Seward Comprehensive Plan. 1. Comprehensive Plan, (2020—approved by Council August 8, 2005) Finding: This condition can be met. While not all areas of the 2020 Comprehensive Plan support Park lands being rezoned and used for development, other areas of the plan support the project and housing needs. 2. Strategic Plan, (approved by Council Resolution 99-043) Finding: This condition has been met. The Strategic Plan supports expanding the availability of affordable, diverse, year round housing and encourages the construction of residential housing at all market levels. 3. Municipal Lands Management Plan (adopted by Council Resolution 2014-095) Finding: This condition has been met. The Municipal Lands Management Plan supports the disposal of Lot 11A, Fort Raymond with a sound development plan. SCC 7.05.120 and 7.05.150 allows the Council to Seward Planning and Zoning Commission Resolution 2016-05 Page 3 dispose of City land by negotiation, public auction or sealed bid and at less than fair market value with findings the public interest will be served. City Council by Resolution 2015-046 and 081 authorized an agreement with KPHI to donate the land for the sole purpose of developing a senior housing facility. Disposal of this parcel for the development of senior housing fulfills the intent of a sound development plan. Public Services and facilities are adequate to serve the proposed use. Findings: This condition has been met. Access to the parcel will be from the public right-of-way (ROW) of Dimond Boulevard. All public utilities of water, sewer, and electric are available in the adjacent ROW and/or utility easement. If any additional utility needs arise during development they will be the sole responsibility of the developer. The Electric Department has requested the applicant start a job order to provide a review of planned power needs and work with the department. Public works has requested a driveway access plan. E. The proposed use will not be harmful to the public safety, health or welfare. Findings: This condition has been met. There is no evidence the 5-unit apartment complex will cause any additional concerns to public safety, health or welfare. The construction shall meet all current building and fire code requirements and be reviewed through the building permit process. Adequate fire, police and solid waste disposal services are available to the property. Animal/Bird(Bear) resistant dumpsters/containers are required by City Code. Landscaping vegetation for undeveloped and non-parking lot areas shall be required by the CUP. A parking plan has been provided at a rate of two (2) spaces per unit and all driveway maneuverability is planned on site. F. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. The applicant shall obtain a current Building Permit before construction begins on the site. 2. No Building Permit shall be issued until the Fort Raymond Replat No. 4 has been completed and recorded. Seward Planning and Zoning Commission Resolution 2016-05 Page 4 3. No Building Permit shall be issued until the proposed Rezone is approved and enacted by Council and takes effect. 4. No Building Permit shall be issued until the land exchange between the City and KPHI has been completed. 5. The applicant shall start a Job Order and work with the City Electric Department to provide the required electric power needs. 6. Exterior lighting shall be approved during the Building Permit process in accordance with SCC§15.10.215(h.)(1.). 7. All parking and maneuverability shall remain on site for the life of the use. 8. Construction waste and debris shall be removed weekly and upon completion of construction. 9. Animal / Bird resistant dumpsters / containers shall be provided for all garbage and refuse for the life of the use. 10. The applicant shall make every effort to provide landscaping to all areas not utilized by the structures, parking areas and drive surfaces. Landscaping shall facilitate the control of dust and the visual impact on neighboring properties. 11. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six month extension upon fmding that circumstances have not changed sufficiently since the date of initial permit approval. 12. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval. B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 2. The Planning and Zoning Commission finds the proposed use, subject to the above conditions satisfies the criteria for granting a Conditional Use Permit provided the conditions listed on Section 1, Subsection F. are met by the applicant, and authorizes the administration to issue a Conditional Use Permit to construct and operate a five (5) unit multi- family development on Lot 11A-2, Fort Raymond No 4(replat pending),within the Multi Family Zoning District (R3) (rezone pending), as generally depicted on site plan dated 4/12/2016 and included with this Resolution. Section 3. The Planning and Zoning Commission further finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section Seward Planning and Zoning Commission Resolution 2016-05 Page 5 I 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 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of May 2016. THE CITY OF SEWARD Ide' , / OP IP Cin•f land, Chair AYES: Fleming, Seese,Anderson,Ecklund NOES: None ABSENT: Swann ABSTAIN: None VACANT: Two ATTEST: c J hanna Ki CMC, ity Clerk sw m g.,,,,ep (City Seal) •`'m't Q'! 8 '(' . e e I.-.� .> m it • o ,he �p ��1‘ey r !',1'