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HomeMy WebLinkAboutRes2019-002 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-002 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO STEVEN CHANG TO OPERATE FOUR-PLEX IN THE URBAN RESIDENTIAL ZONING DISTRICT AT 1103 SECOND AVENUE, LOT 19C,BLOCK 11,ENNIS CARLSON BENCARDINO REPLAT WHEREAS, Steven Chang has applied for a conditional use permit from the Seward Planning and Zoning Commission to develop a multi-family dwelling at 1103 Second Avenue, Lot 19C,Block 11,Ennis Carlson Bencardino Replat; and WHEREAS,the property is in the Urban Residential (UR) Zoning District; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.225, a dwelling, multi-family (3 or more units) is allowed in the Urban Residential Zoning District as a conditionally permitted use; and WHEREAS,the applicant is planning to renovate the existing three unit dwelling into a four unit dwelling;and WHEREAS, on February 5, 1997 the Planning and Zoning Commission issued a Conditional Use Permit to the above mentioned property for the operation of a tri-plex; and WHEREAS, having complied with the public notification process; on April 2, 2019, 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: This condition has been established. The property is zoned Urban Residential (UR). The applicant has stated that they intend to reside in one of the dwelling units seasonally and rent the remaining three units on a nightly basis. Seward Planning and Zoning Commission Resolution No. 2019-002 Page 2 The Urban Residential district is intended to allow an area of higher density mixed residential uses from detached single-family housing to multi-family apartments in conjunction with compatible low impact professional office uses in the area surrounding the downtown business district. A multi-family dwelling is allowed in the Urban Residential District by conditional use permit from the Planning and Zoning Commission. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The neighboring properties are residential. There is no indication that the development will negatively impact the value of adjoining properties. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The proposal is in harmony with the Seward 2030 Comprehensive Plan (2017) and Strategic Plan (1999) in that both plans address needs for additional housing. 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. 3.3.1 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). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. Adequate water, sewer, and power are available to the property as well as adequate fire, police and solid waste disposal services. City code requires that every business within the City must provide containers suitable for refuse collection (SCC 14.05). 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. Finding: This condition has been met. This four-plex will not be harmful to the public safety, health or welfare. The applicant has cited potential noise concerns, and states that they will be living on the property and intend to establish guest rules quiet hours Seward Planning and Zoning Commission Resolution No. 2019-002 Page 3 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 applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications. 2. 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. 3. All parking and maneuverability shall remain on site for the life of the use. Nine (9) parking spaces are required, per Seward City Code §15.10.215(b). 4. Bear-proof/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. 5. Construction waste and debris shall be removed weekly and upon completion of construction. 6. 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. 7. 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. 8. The applicant shall adhere to all required property setbacks for the Urban Residential zoning district Seward Planning and Zoning Commission Resolution No. 2019-002 Page 4 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 a four-plex to Steven Chang at 1103 Second Avenue, Lot 19C, Block 7, Ennis, Carlson, Bencardino Replat subject to the above conditions. 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 2nd day of April, 2019. THE CITY OF SEWARD Cindy . klund,Chair AYES:Swann, Seese,Charbonneau, Fleming NOES:Ecklund ABSENT: ABSTAIN: Hatfield,Ambrosiani ATTEST: Brenda Bal ou, MMC City Clerk ��w.,,,,, .•`4 OF SEyj,''•. : �? p': = • I SEAL = • (City sear • so �+ -e •'s ti•. OF ASP.••` P&Z Agenda Statement Meeting Date: April 2, 2019 Through: Jackie C. Wilde, Planner From: Andy Bacon, Planning Assistant Agenda Item: Request for a Conditional Use Permit by Steven Chang, to construct and operate a four (4) unit multi family dwelling on Lot 19C Block 11, Ennis Carlson Bencardino Replat, located at 1103 Second Avenue; within the Urban Residential Zoning District BACKGROUND & JUSTIFICATION: Steven Chang has applied for a Conditional Use Permit (CUP) for a tour-plex at 1103 Second Avenue, in the Urban Residential (UR) Zoning District. Current improvements on the property are permitted as three-plex, by Conditional Use, by Planning and Zoning Resolution 98-17. A "dwelling, multi -family (3 or more units)" is allowed via Conditional Use Permit (CUP) in the Urban Residential (UR) Zoning District, as per Seward City Code (SCC) Land Uses Allowed Table 15.10.225. The applicant has stated that they intend to operate the existing building as a 4 -plea and utilize three of the units as lodging on a nightly basis while residing in the fourth unit. SURROUNDING LAND USE AND ZONING: The intent of the Urban Residential Zoning District is as follows: SCC 15.050.025, Land Use Districts --Established, Definitions., (5), "Intended to allow an area of higher density mixed residential uses from detached single-family housing to multi -family apartments in conjunction with compatible low impact professional office uses in the area surrounding the downtown business district" The surrounding properties consist of single family homes, commercial uses, and park land. Development Requirements: The proposed four-plex meets all Zoning Code Development Requirements (Table 15.10.220) including minimum buildable lot size, building setbacks, lot coverage, building height. Floodplain status: According to the FEMA Flood Insurance Rate Map, is not located within a flood hazard area. Utilities: 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 7173 Seward Planning and Zoning Commission Agenda Statement Page 2 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. All construction waste and debris must be removed weekly and upon completion of construction. Parking: Two parking spaces per apartment unit will be provided on site, per city code § 15.10.215. Landscaping: Landscaping vegetation for undeveloped and non -parking lot areas shall be required by the CUP, as specified in section 2.2.3 of the 2030 Comprehensive Plan. Landscaping shall be completed prior to issuance of certificate of occupancy, or within 5 months of project completion, as weather conditions permit. CONSISTENCY CHECKLIST: Yes No NIA Seward Comprehensive Plan (2030): The Comprehensive Plan recommends continuing every effort to encourage the development of affordable housing for Seward's growing 1. housing needs. X 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups (page 14) Strategic Plan (1999) The Strategic Plan promotes residential and commercial development inside the City Limits (Page 9). 2. The Strategic Plan supports expanding the availability of affordable, X diverse, year round housing and encourages the construction of residential housing at all market levels Public Notice: Property owners within three hundred (300) feet of Lot 19C Block 11, Ennis Carlson Bencardino Replat were notified of this proposed conditional use permit action. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication staff has received one inquiry regarding the proposed Conditional Use Permit. A citizen called and asked if the dwelling already met the building requirements to be labeled a four-plex. Staff responded that the Conditional Use Permit was to permit the operation of a four- plex, and the property owner will also have to comply with any building code requirements for a multi family dwelling through the building permit process. 13173 Seward Planning and Zoning Commission Agenda Statement Page 3 If any comments are received after this publication, they will be presented to the Commission as a laydown at the April 2, 2019 meeting. Staff Comment: Staff has reviewed the Conditional Use Permit application and no objections were reported. Department Comments No Comment N/A Building Department Each unit must be 1 hour fire rated, and if there is a common stairwell it should have a 1 hour fire rating as well. Electric Department Staff referenced SCC 14.15.340 (a) for service connection requirements for multi -occupant buildings. Staff advises not to construct over underground electric service line or in any utility easements. Harbor Department X Police Department X Public Works Department X Recommended Conditions: 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications. 2. 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. 3. All parking and maneuverability shall remain on site for the life of the use. 4. 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. 5. Construction waste and debris shall be removed weekly and upon completion of construction. 6. 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. 7 Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: 9173 Seward Planning and Zoning Commission Agenda Statement Page 4 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. RECOMAMNDATION: The Community Development Department staff recommends approval of Resolution 2019-002 granting Conditional Use Permit 2019-02 to Steven Chang to operate a four (4) unit multi family dwelling on Lot 19C Block 11, Ennis Carlson Bencardino Replat, located at 1103 Second Avenue; within the Urban Residential Zoning District 1017.3