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Home My WebLink AboutRes2018-004 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION 2018-004 RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO MICHELEY KOWALSKI FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING ON LOTS 31-33 BLOCK 15, ORIGINAL TOWNSITE, AT 320 THIRD AVENUE LOCATED IN THE CENTRAL BUSINESS ZONING DISTRICT WHEREAS,Micheley Kowalski, has applied for a Conditional Use Permit(CUP)to construct a single family dwelling within the Central Business Zoning District(CBD);and WHEREAS,the proposed single family home will be located on Lots 31-33, Block 15, Original Townsite of Seward, located at 320 Third Avenue; and WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), detached single- family homes are allowed within the Central Business Zoning District(CBD)by Conditional Use Permit (CUP);and WHEREAS, having complied with the public notification process; April 3, 2018, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application;and 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 a single family home within the Central Business Zoning District(CBD) 320 Third Avenue with a legal description of Lots 31-33, Block 15, Original Townsite of Seward,and made the following Findings of Fact: 1. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: This condition has been established or shall be through the conditions. The development and use,as proposed, are consistent with Seward City Code Land Uses Allowed Table in 15.10.225. The property is located within the Central Business Zoning District(CBD). Single family structures are allowed in the Central Business District by Conditional Use Permit. 2. The value of adjoining property will not be significantly impaired Finding: This condition has been established or shall be through the conditions. There is no indication the requested single-family structure will negatively impact the value of any of adjoining properties. The neighboring parcels contain a variety of residential and commercial uses. Seward Planning and Zoning Commission Resolution No. 2018-004 Page 2 of 3 3. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This Condition has been met. There is an identified community need for all types of housing in Seward.The proposed development is consistent with the Seward Comprehensive and Strategic Plans. Seward 2030 Comprehensive Plan(approved by Council,2017) 3.2.1 Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values(page 13). 3.2.1.2 Expand the opportunity for affordable,diverse,year-round housing through appropriate land use regulations(Bullet 1). • Support mixed commercial and residential uses in the Seward downtown business district (Page 14). Strategic Plan(1999) The Strategic Plan encourages the expansion and availability of affordable, diverse, year-round housing(page 18). • Seward has a wide range of housing alternatives to meet the varied needs of Seward's long term and seasonal residents. The Strategic Plan promotes residential and commercial development inside the City(page 9). • Encourage construction of residential and seasonal housing at all market levels. 4. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been established or shall be through the conditions. Water,sewer,and power are available to the property. Adequate fire,police and solid waste disposal services are available to the property. City code also requires that every building or building site within the City must provide containers suitable for refuse collection(SCC 14.05). All construction waste and debris must be removed weekly and upon completion of construction. 5. The proposed use will not be harmful to the public safety,health or welfare. Finding:This condition has been established or shall be through the conditions. Based on Code,two parking spaces are required"per dwelling unit." Although within the Central Business District no on-site parking is required for commercial uses,the applicant has indicated two(2)on-site parking spaces are available. The construction shall meet all current building and fire code requirements and be reviewed through the building permit process. Adequate fire and police services are available to the property. 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 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. Seward Planning and Zoning Commission Resolution No. 2018-004 Page 3 of 3 Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. Construction waste and debris if any shall be removed weekly and upon completion of construction project. 2. The applicant shall continue to work with City staff through the building permit process to address and accomplish any required upgrades or modifications to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 3. The Planning and Zoning Commission may modify this conditional use permit if changed uses no longer conform to the standards and legal requirements justifying 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 be subject to the public notice and public hearing requirements of law,which shall occur only after payment of the filing fee established by resolution of the city council. 5. The property owner shall maintain four off street parking spaces. 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 Micheley Kowalski to construct a single-family home within the Central Business Zoning District at 320 Third Avenue. Section 3. The Planning and Zoning 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 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3'd day of April, 2018. THE CITY OF SEWARD Cindy '. E- lund,Chair AYES: Swann,Ambrosiani,Charbonneau, Seese,Fleming,Ecklund NOES: ABSENT: Hatfield ••••s OF S ,��. ABSTAIN: •• .( »... Iti ••� VACANT: None •••G> 000 00°Rg....1)%, /ii . ATTi: , �� _.•_ �`�i SEAL • : en. . Ballou, (7 , City Clerk '• x D 0;..• •: