HomeMy WebLinkAboutRes2017-007 Sponsored by: Applicant
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2017-07
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
GRANTING A CONDITIONAL USE PERMIT TO BWRR, LLC dba
TEMPLE STUDIOS FOR AN ARTS EDUCATION CENTER
SCHOOL AT 417 FIFTH AVENUE, WITHIN THE OFFICE
RESIDENTIAL ZONING DISTRICT
WHEREAS, BWRR, LLC dba Temple Studios has proposed operating an arts
education center at 417 Fifth Avenue and has undertaken necessary improvements to the
existing commercial structure, meeting Building Code requirements for that occupancy;
and
WHEREAS, Temple Studios has applied for a Conditional Use Permit from the
Seward Planning and Zoning Commission for the proposed school, which is to be located
on approximately 12,000 square feet within the Office Residential Zoning District; and
WHEREAS, according to the Seward City Code, Land Uses Allowed Table
15.10.225, a school, private is allowed in the Office Residential Zoning District as a
conditionally permitted use; and
WHEREAS, the new school will contribute to addressing the educational needs
of the community and provide commercial instruction in such activities as music and arts
to students of all ages; and
WHEREAS, having complied with the public notification process; on May 2,
2017, 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. According to SCC 15.10.320.D., the Commission shall establish a finding
that the use satisfies the following conditions prior to granting a conditional use permit:
A. The use is consistent with the purpose of this chapter(the Seward Zoning Code)
and the purposes of the zoning district
Finding: The property is zoned Office Residential (OR) and is intended to
Seward Planning and Zoning Commission
Resolution No. 2017-07
Page 2
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. A private arts
school is allowed in the Office Residential district by conditional use permit from
the Planning and Zoning Commission and no adverse impacts to adjoining
properties are anticipated, other than an increase in parking. The applicant has
provided agreements of understanding from Sacred Heart Catholic Church and the
commercial property operated by dentist Michael P. Moriarty to provide overflow
parking, as needed.
B. The value of adjoining property will not be significantly impaired
Finding: This condition has been met. There is no indication that the
improvement to the structure will negatively impact the value of adjoining
properties and no negative public comment has been received from the
neighboring property owners.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: The proposal is in harmony with the Seward Comprehensive Plan and
Strategic Plan in that both plans address needs for developing and integrating
educational facilities or programs.
Seward 2020 Comprehensive Plan
The Comprehensive Plan has a goal of supporting efforts to continually improve the
quality of educational facilities located in Seward and ensuring that these facilities
continue to enhance the community. Goals include the continued effort to "support
quality after-school education programs," and support "art and music programs at the
middle school level."(page 12).
Strategic Plan (1999)
The Strategic Plan emphasizes expanding and integrating educational programs (page
18). In addition, the community wished to provide diverse, year-round, indoor and
outdoor recreational, educational, and cultural opportunities and facilities for residents
and visitors of all ages and socioeconomic backgrounds. (page 12).
D. Public Services and facilities are adequate to serve the proposed use.
Finding: Water, sewer, and power will be available to the property as well
as adequate fire,police and solid waste disposal services.
E. The proposed use will not be harmful to the public safety, health or welfare.
Seward Planning and Zoning Commission
Resolution No. 2017-07
Page 3
Finding: The proposed school may increase parking demand, particularly
during recitals and performances. The parking, as noted, will accommodate
additional spaces for special events. The previously adopted parking plan for the
former Elk's Club included adequate spaces for normal club use and events.
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 required parking shall be provided in accordance with Seward City
Code Section 15.10.215 Parking.
2. Adequate trash containers are to be located at the building entrance, alley
or other locations as needed and approved by staff.
3. The applicant is encouraged to continue to work with the neighboring
property owners to mitigate traffic impacts in the alley and street.
4. Modification of final approval of a conditional use permit may, upon
application by the permittee, 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 that 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 for the School, Private
(Arts Education Center) within the commercial building located at 417 Fifth Avenue,
located within the Office Residential Zoning District.
Seward Planning and Zoning Commission
Resolution No. 2017-07
Page 4
Section 3. The Planning and Zoning Commission fords 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 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd
day of May,2017.
THE CITY OF SEWARD
in!inf cklund, Chair
AYES: Fleming,Ambrosiani, Seese,Anderson, Ecklund
NOES: None
ABSENT: Swann, Carlton
ABSTAIN: None
ATTEST:
(Johanna Kinne , CMC
1Ci'ty Clerk
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