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.
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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.
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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
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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
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THE CITY OF SEWARD
Cindy L. cklund, Chair