HomeMy WebLinkAboutRes2019-003 Sponsored by: Applicant
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2019-003
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE
PERMIT TO FOUR SEASONS MARINE SERVICES TO CONSTRUCT
AND OPERATE A TEN (10) UNIT STUDIO APARTMENT BUILDING
ON LOTS 2 & 3 BLOCK 7, FEDERAL ADDITION, LOCATED AT 703
THIRD AVE WITHIN THE AUTO COMMERCIAL ZONING DISTRICT
WHEREAS, Four Seasons Marine Services has requested a Conditional Use Permit
(CUP) to operate a 10 unit multi-family studio apartment building on Lots 2 & 3 Block 7,
Federal Addition;within 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 February 11,2019; 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. 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 10 unit studio apartment building on Lots
2 & 3 Block 7, Federal Addition; within 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 has been met. The applicant has stated that each apartment unit
will meet the 500 square foot maximum size specified in SCC 15.10.140(E), and will be
used as long-term rentals. The property is located within the Auto Commercial Zoning
District. The project site plan meets all setback, structure height and parking
requirements. The minimum buildable lot size requirement of 9000 square feet, on-site
Seward Planning and Zoning Commission
Resolution 2019-003
Page 2
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parking and open area requirements have been met, per site plans submitted on February
11, 2019. Multi-family studio apartment buildings are allowed in the Auto Commercial
Zoning District by Conditional Use Permit. The proposed multi-unit development is
consistent with the purpose of the Zoning Code.
2. The value of adjoining property will not be significantly impaired
Finding: This condition has been met.
The adjoining properties to the North and South are undeveloped 5,000 square foot
originally platted Federal Addition lots. Properties to the West include a mix of Single-
family and Two-family residential (R1 & R2) zoned properties, developed with single-
family homes. To the east across Third Avenue are single-family homes in the Office
Residential (OR)Zoning District. The applicant has specified that they expect an increase
of traffic in the alley on Block 7 due to the proposed parking area being located in the
rear of the lot. There is no indication the proposed 10 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, (2030—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 ten(10)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.
3.3.1 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
2.2.3 Continue to require landscaping plans for conditional use permits as feasible
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.
Seward Planning and Zoning Commission
Resolution 2019-003
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.
Parking will be located in the rear of the building,and the applicant states that they intend
to pave the alley. The Department of Public Works (DPW) requires that sewer manhole
covers be made flush with any pavement laid over the alley. DPW further requires that a
snow storage and removal plan be filed with their department. The Seward Electric
Department requires a 10 foot utility easement along the rear(west)property line.
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 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. The developer shall work with the Public Works department and meet all
City standards with regards to alley paving.
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 10-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, as specified in section 2.2.3 of the 2030 Comprehensive Plan. 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. Exterior lighting shall be approved during the Building Permit process in
accordance with SCC§15.10.215(h.)(1.).
2. All parking and maneuverability shall remain on site for the life of the use.
Seward Planning and Zoning Commission
Resolution 2019-003
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3. Applicant shall start a Job Order and work with the City Electric Department
on obtaining a 10 foot utility easement for the level of service required by the
multi-family development.
4. Applicant shall work with the Department of Public Works on any
improvements to alley, as well as file snow storage and removal plan with the
Community Development Department.
5. Construction waste and debris shall be removed weekly and upon completion
of construction.
6. 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.
7. The applicant shall provide landscaping to all areas not utilized by the
structures, parking areas and drive surfaces. A landscaping plan is depicted
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.
8. 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.
9. 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.
10. 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.
11. 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.
Seward Planning and Zoning Commission
Resolution 2019-003
Page 5
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 ten (10) unit multi-
family studio apartment building on Lot 2 and 3, Block 7, Federal Addition, within the Auto
Commercial Zoning District (AC), as generally depicted on site plan dated February 11, 2019
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
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 2'd day of
April,2019.
THE CITY OF SEWARD
/ I
Cind . Ec und, Chair
AYES:Swann,Ambrosiani,Charbonneau, Seese,Fleming,Hatfield,Ecklund
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Brenda Ballou, MC,
City Clerk ...ueeeioss
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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 Four Seasons Marine Services, to
construct and operate a ten (10) unit studio apartment building on Lots 2 & 3,
Block 7, Federal Addition, Located at 703 Third Ave within the Auto
Commercial Zoning District (AC)
BACKGROUND & JUSTIFICATION:
Applicant Four Seasons Marine Services has applied for a Conditional Use Permit (CUP) to construct and
operate a ten (10) unit studio apartment building on Lots 2 & 3 Block 7, Federal Addition. This parcel is
approximately 10,000 square feet, located at 703 Third Avenue within the Auto Commercial Zoning District.
The submitted site plan depicts a two story 10 -unit multi -family dwelling, with each of the individual
units being approximately 500 sq. ft. The building footprint will be approximately 2,718 sq. ft. with
an effective lot coverage of 3,887 sq. ft. Ten covered (10) parking spaces will be provided to tenants
per SCC § 15.10.215, and the total open area on the property not covered by structure or used for
parking and maneuvering is 3,593 square feet, with 2,800 square feet being the minimum area required
by code.
A Multi -Family studio apartment dwelling is allowed in the Auto Commercial Zoning District (AC) as a
conditionally permitted use by Seward City Code, Land Uses Allowed, Table§ 15.10.226.
SURROUNDING LAND USE AND ZONING:
The Auto Commercial Zoning District is intended to provide areas to accommodate highway -oriented
commercial activities such as offices, certain institutional uses, and limited personal services and retail uses
requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby
residential areas, and which do not materially detract from nearby residential areas.
The adjoining properties to the North and South are undeveloped 5,000 square foot originally platted Federal
Addition lots. Properties to the West include a mix of Single-family and Two-family residential (R1 & R2)
zoned properties, developed with single-family homes. To the east across Third Avenue are single-family
homes in the Office Residential (OR) Zoning District.
Development Requirements:
The proposed Studio apartment building 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 within the City must
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Seward Planning and Zoning Commission
Agenda Statement
Page 2
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.
Parking:
One parking space per studio apartment unit will be provided on site, per city code § 15.10.215. The parking
area will be paved and covered by a carport structure.
Landscaping:
Landscaping vegetation for undeveloped and non -parking lot areas shall be required by the CUP, as
recommended in section 2.2.3 of the 2030 Comprehensive Plan. Landscaping shall be completed prior to
issuance of certificate of occupancy, or within six months of project completion, as weather conditions permit.
CONSISTENCY CHECKLIST:
There is an identified community need for year round housing in Seward, and development of an apartment
building is consistent with the Seward Comprehensive and Strategic Plans.
In order to improve the appearance of Seward throughout the city, the Comprehensive Plan recommends
continuing to require landscaping plans as part of conditional use permits, where feasible.
CONSISTENCY CHECKLIST:
Yes
No
NIA
Seward Comprehensive Plan (2030):
3.3.1 Encourage development of new housing in Seward
1
3.3.1.1 Support a range of housing choices that meet the needs of people
X
in various income and age groups
2.2.3 Continue to require landscaping plans for conditional use permits as
feasible
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 Limits (Page 9).
2
The Strategic Plan supports expanding the availability of affordable, diverse, year
X
round housing and encourages the construction of residential housing at all market
levels
The Strategic Plan also recommends encouraging citizens as well as the City, to
take an active role in beautifying the community. (Page 15)
• Planting trees, shrubs and wildflowers
Develop landscaping recommendations
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Seward Planning and Zoning Commission
Agenda Statement
Page 3
,Staff Comment:
Staff has reviewed the Conditional Use Permit application and no objections were reported.
Department
Comments
No Comment
NIA
Building Department
X
Electric Department
Seward Electric Department has
made the following requests:
1. Start a job order with the
Electric Department
2. Dedication of a 10' utility
easement along the west
property line
3. Electric department requests
no paving in the utility
corridor/alleyway
Please refer to SCC § 14.15.340 -
Service for Multi -occupant
Harbor Department
X
Police Department
X
Public Works Department
Public Works has made the
following requests:
1. All sewer manholes must be
made flush with alley
surfacing
2. Concerned about snow
storage at rear of apartments
due to full lineup of parking
Public Notice:
Property owners within three hundred (3 00) feet of Lots 2 & 3, Federal Addition 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 no inquiries regarding the proposed project. If any comments
are received after this publication, they will be presented to the Commission as a laydown at the April 2, 2019
meeting.
Recommended Conditions:
1. Exterior lighting shall be approved during the Building Permit process in accordance with
SCC§ 15.10.215(h.)(1.).
2. All parking and maneuverability shall remain on site for the life of the use.
3. Applicant shall start a Job Order and work with the City Electric Department on obtaining
a 10 foot utility easement for the level of service required by the multi -family
development.
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Seward Planning and Zoning Commission
Agenda Statement
Page 4
4. Applicant shall work with the Department of Public Works on any improvements to alley,
as well as file snow storage and removal plan with the Community Development
Department.
5. Construction waste and debris shall be removed weekly and upon completion of
construction.
6. 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.
7. The applicant shall provide landscaping to all areas not utilized by the structures, parking
areas and drive surfaces. A landscaping plan is depicted 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.
8. 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.
9. 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.
10. 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.
11. 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.
RECOMMENDATION: The Community Development Department staff recommends approval of
Resolution 2019-003, granting Conditional Use Permit 2019-02 to Four Seasons Marine Services to construct
and operate a ten (10) unit studio apartment building on Lots 2 & 3 Block 7, Federal Addition, located at 703
Third Ave within the Auto Commercial Zoning District.
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