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HomeMy WebLinkAboutRes2018-011Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2018-011 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO JENA AND COLE PETERSEN TO CONSTRUCT AND OPERATE A TWELVE (12) UNIT STUDIO APARTMENT BUILDING ON LOTS 3,4 & 5 BLOCK 28, ORIGINAL TOWNSITE SEWARD, LOCATED AT 531, 533, & 535 THIRD AVE WITHIN THE AUTO COMMERCIAL ZONING DISTRICT WHEREAS, Jena & Cole Peterson have requested a Conditional Use Permit (CUP) to operate a 12 unit multi -family studio apartment building on Lots 3, 4 & 5 Block 28, Original Townsite Seward; within the the Auto Commercial Zoning District; and WHEREAS, in accordance with the Land Uses Allowed Table § 15.10.226, Dwelling, apartment, studio is allowed within the Auto Commercial Zoning (AC) by CUP; and WHEREAS, in accordance with the Development Requirements Table § 15.10.220 the applicant has met all requirements, including the minimum buildable lot size requirement specified for studio apartments on the submitted site plan received on June 27, 2018; and WHEREAS, having complied with the public notification process; on August 7, 2018 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 operate a 12 unit studio apartment building on Lots 3, 4 & 5 Block 28, Original Townsite Seward; within the the Auto Commercial Zoning District and declared 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 will be met with the approved replat. The applicant has stated that they are in the process of vacating the interior lot lines between Lots 3-5. The replat shall be completed prior to the issuance of a certificate of occupancy. The property is located within the Auto Commercial Zoning District. The project site Seward Planning and Zoning Commission Resolution 2018-011 Page 2 plan meets all setback, stru buildable lot size requiremej requirements have been met, studio apartment buildings a Conditional Use Permit. The purpose of the Zoning Code. ;ture height and parking requirements. The minimum t of 9000 square feet, on -site parking and open area )er site plans submitted on June 27, 2018. Multi -family allowed in the Auto Commercial Zoning District by proposed multi -unit development is consistent with the 2. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The adjoining properties to the North, South and West include a mix of Single-family residential (R1), Urban residential district (UR), Office/residential district (OR) and Auto commercial (AC) zoned properties. To the east is the large State owned parcel, zoned Institutional known as AVTEC. There is no indication the proposed 12 unit studio apartment building will negatively impair the value of any adjoining properties. 3. The proposed use is in harmony with the Seward Comprehensive Plan. Comprehensive Plan, (2030L adopted by Council May 30, 2017) Finding: This condition has been met. There is an identified community need for all types of housing in Seward. The operation of the multi -family structure and the additional twelve (12) apartment units is consistent with the 2030 Seward Comprehensive and Strategic Plans. Seward 2030 Comprehensive Plan (approved by Council, May 30, 2017) The Comprehensive Plan recommends continuing every effort to encourage the development of affordable housing for Seward's growing housing needs. 3.2.1.2 Expand the opportunity for affordable diverse, year-round housing through appropriate land use regulations. 3.3.1 Encourage development of new housing in Seward 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups Strategic Plan (1999) The Strategic Plan encourages the expansion and availability of affordable, diverse, year-round housing (Page 18). The Strategic Plan also promotes residential and commercial development inside the City (Page 9). 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. 1 1 1 1 Seward Planning and Zoning Commission Resolution 2018-011 Page 3 Public Services and facilities are adequate to serve the proposed use. Findings: This condition has been established or shall be through the conditions. Water, sewer, and power are available to the property. A 10' utility easement on the west side of the lot is requested for the required replat and vacation of lot lines. 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 containers shall be watertight with an animal -proof lid. The trash receptacle shall be screened from view with fencing, as described on submitted site plan. All construction waste and debris must be removed weekly and upon completion of construction. 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 12-unit studio -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 one (1) space 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. Certificate of occupancy shall not be issued until the interior lot line vacation of lots of 3, 4 and 5 Block 28, Original Townsite has been completed and recorded. 2. Exterior lighting shall be approved during the Building Permit process in accordance with SCC§15.10.215(h.)(1.). 3. All parking and maneuverability shall remain on site for the life of the use. 4. Construction waste and debris shall be removed weekly and upon completion of construction. Seward Planning and Zoning Commission Resolution 2018-011 Page 4 n 5. Animal / Bird resistant dumpsters / containers shall be provided for all garbage and refuse for the life of the use. The trash receptacle shall be screened from view with fencing, as described on submitted site plan. 6. The applicant shall provide landscaping to all areas not utilized by the structures, parking areas and drive surfaces. A landscaping plan is depicted on page A2.0 of the submitted site plan. Landscaping shall be completed prior to issuance of certificate of occupancy, or within 6 months of project completion, as weather conditions permit. 7. 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 finding that circumstances have not changed sufficiently since the date of initial permit approval. 8. The Community Development Department will monitor the production of any Studio Apartment dwelling with the understanding that clarification of regulations related to Studio Apartment dwellings may be needed to ensure the appropriate standards are in place to adequately address this type of housing. 9. When a proposed use has characteristics of more than one use, the Community Development Department has discretion to determine which use category or categories are most similar to the proposed use for the purpose of determining whether the use is permitted, and for the purpose of applying development standards. 10. 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 twelve (12) unit multi -family studio apartment building on Lot 3, 4, and 5, Block 28, Original Townsite, within the Auto Commercial Zoning District (AC) (replat pending), as generally depicted on site plan dated June 27, 2018 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 1 1 C Seward Planning and Zoning Commission Resolution 2018-011 Page 5 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 7"' day of August, 2018. AYES: Hatfield, Swann, Seese, Fleming, Ecklund NOES: ABSENT: Ambrosiani, Charbonneau ABSTAIN: VACANT: None ATTEST: Bienda, City Clerk 'NsN• I (City SQ-1 OF SEh' �► SEAL • • Of �k�S •• THE CITY OF SEWARD Cindy L. cklund, Chair