HomeMy WebLinkAboutRes2018-005 Sponsored by: Applicant
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
2018-005 RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
CONDITIONAL USE PERMIT TO PETER AND JODI TOLOFF FOR
THE OPERATION OF A 9-ROOM MOTEL AND MULTIFAMILY
DWELLING ON LOTS 1-3 BLOCK 11, ORIGINAL TOWNSITE, AT 235
THIRD AVENUE LOCATED IN THE CENTRAL BUSINESS ZONING
DISTRICT
WHEREAS, Peter Toloff has applied for a Conditional Use Permit (CUP) to operate a
Motel and multi-family dwelling within the Central Business Zoning District(CBD); and
WHEREAS,the property is located on Lots 1-3, Block 11, Original Townsite of Seward,
physical address of 235 Third Avenue; and
WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), motels and
multi-family dwellings are allowed within the Central Business Zoning District (CBD) by
Conditional Use Permit(CUP); and
WHEREAS, in accordance with section 15.10.315 (h) (1), a use was legal and did not
require a Conditional Use Permit when it was initiated, but now requires a Conditional Use
Permit and shall be considered a legal conforming use and may continue to exist as a conditional
use subject to the provisions of this chapter and may be modified in accordance with section
15.10.320; and
WHEREAS, in accordance with section 15.10.320 (g)(4), Conditional Use Permits may
be transferred from one owner to another for the same use, but if there is a change in use on the
property, a new permit must be obtained; 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 operate a motel and multi-family dwelling within
the Central Business Zoning District (CBD) Lots 1-3, Block 11, Original Townsite of Seward,
physical address of 235 Third Avenue and made the following Findings of Fact:
Seward Planning and Zoning Commission
Resolution No. 2018-005
Page 2 of 4
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 property is zoned Central Business District,both motels and multi-family dwellings
are an allowed use with a Conditional Use Permit approval in this district according to
the Table of Allowed Uses SCC 15.10.225.
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 use as a Motel or multi-family dwelling will negatively impact the
value of any of adjoining properties. The neighboring properties contain a variety of
residential and commercial uses. The nearby parcels are predominantly a mix of
businesses and single family homes.
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 promotes residential and commercial development inside the City
(page 9).
• Encourage construction of residential and seasonal housing at all market levels.
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.
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
Seward Planning and Zoning Commission
Resolution No. 2018-005
Page 3 of 4
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 three (3) 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.
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 work with City staff through the building permit process to
address and accomplish any required upgrades or modifications.
3. The applicant shall work with all City Utility Departments for any possible
upgrades to the water, sewer and/or electric utilities prior to a certificate of
occupancy being issued.
4. 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.
5. 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.
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 Peter and Jodi Toloff for the operation of a 9-
room motel and multifamily dwelling on Lots 1-3 Block 11, Original Townsite, at 235 Third
Avenue located in the Central Business Zoning District
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.
Seward Planning and Zoning Commission
Resolution No. 2018-005
Page 4 of 4
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
•_��"/ _ (
Indy L. '- und,"hair
AYES:Fleming, Ambrosiani, Seese, Charbonneau, Ecklund
NOES:Swann
ABSENT: Hatfield
ABSTAIN:
VACANT: None
I
ATTEST:
,111011*/
/141 /4_,;IIIII.(kit, / i
r. 1 4v: Ballon, ,' ,
City Clerk
..A Of Se `'s
(City Sea4kC . apQ" 444
ohoQ 'I�,°.
SEAL
%. F.E OF -�° °�