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HomeMy WebLinkAboutRes2019-010Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-010 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO CARROLL AND ROBERT O'NEAL TO OPERATE A FOUR (4) UNIT MULTI FAMILY DWELLING ON LOT 21A BLOCK 25, ORIGINAL TOWNSITE OF SEWARD LOCATED AT 402 SECOND AVENUE; WITHIN THE AUTO COMMERCIAL ZONING DISTRICT WHEREAS, Carroll and Robert O'Neil have applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to operate a four unit multi -family dwelling at 402 Second Avenue, Lot 21A Block 25, Original Townsite Modem Motors Subdivision; and WHEREAS, the property is in the Auto Commercial (AC) Zoning District; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.226, a dwelling, multi -family (3 or more units) is allowed in the Auto Commercial ' Zoning District as a conditionally permitted use; and WHEREAS, on September 3, 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 Jane 4, 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 met. The property is zoned Auto Commercial (AC). The Auto Commercial 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. A multi -family dwelling is allowed in the Auto Commercial (AC) District by conditional use permit from Seward Planning and Zoning Commission Resolution No. 2019-010 Page 2 the Planning and Zoning Commission. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The neighboring property to the north is a single family home zoned Rl residential. To the west, across Second Avenue is a single-family home zoned Urban Residential (UR). To the east, across the alley is a single family home zoned Office Residential (OR). To the south, across Jefferson Street is a single family home zoned RI 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) Seward 2030 Comprehensive Plan (approved by Council, May 30, 2017) 3.2.1 Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values (Page 13) Strategic Plan (1999) The Strategic Plan 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). E. The proposed use will not be harmful to the public safety, health or we fare. Finding: This condition has been met. The applicant has stated that since they purchased the subject property, they have made no changes to the interior of the building that resulted in the creation of an additional dwelling unit. Per Community Development records, between 2012 and 2018, the applicant has worked with the building department through the building permit process five times, completing upgrades to the interior and exterior of the building, none of which involved constructing new interior walls for the purpose of adding another dwelling unit. Based on Code, two parking spaces are required per dwelling unit, plus Yz space for every unit larger than two bedrooms or greater than 1,000 square feet in size. Based on a review of the application materials, the structure consists of two units less than 1000 square feet, with two bedrooms each. One unit is less than 1000 ' square feet with three bedrooms, and one unit is greater than 1,000 square feet 1 Seward Planning and Zoning Commission Resolution No. 2019-010 Page 3 with two bedrooms. The number of required off street parking spaces for this development is nine (9), and nine (9) parking spaces are shown on the provided site plan. 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) off-street parking spaces are required. 4. Bear -proof / bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. 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. 6. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Phummg 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 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 unit multifamily Seward Planning and Zoning Commission Resolution No. 2019-010 Page 4 dwelling to Carroll and Robert O'Neal at 402 Second Avenue, Lot 21A Block 25, Original Townsite Modem Motors Subdivision 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 4"' day of June, 2019. THE CITY OF SEWARD i Cindy klund, Chair AYES: Ambrosiani, Charbonneau, Seese, Fleming, Hatfield, Ecklund NOES: ABSENT: ABSTAIN: VACANT: ATTEST: 14rendaB@lou,X4MC City Clerk • SEAL • ; ' atiP,r y.,� OF A p.••• P&Z Agenda Statement Meeting Date: June 4, 2019 Through: Jackie C. Wilde, Planner From: Andy Bacon, Planning Assistant Agenda Item: Request for a Conditional Use Permit (CUP) to operate a four unit multi- family dwelling at 402 Second Avenue, Lot 21A Block 25, Original Townsite Modern Motors Subdivision BACKGROUND & USTIFICATION: Carroll and Robert O'Neil have applied for a Conditional Use Permit (CUP) to operate a four unit multi -family dwelling at 402 Second Avenue, in the Auto Commercial (AC) Zoning District. The structure presently located at 402 Second Avenue was constructed in 1950, and was used as an auto repair shop, known as Modern Motors. On September 3, 1997 the Planning and Zoning Commission issued a Conditional Use Permit to the above mentioned property for the construction and operation of a three unit multi -family dwelling. The applicant applied for a lodging permit for this property, which indicated that there were four dwelling units within the structure. Based on a review of the submitted application documents, past building permits, and the 1997 CUP, a new Conditional Use Permit is being required that reflects the apparent use of four dwelling units on the property. The applicant stated that in the time since they purchased the subject property, they have made no changes to the interior of the building that resulted in the creation of an additional dwelling unit. Per Community Development records, between 2012 and 2018, the applicant has worked with the building department through the building permit process five times, completing upgrades to the interior and exterior of the building, none of which involved constructing new interior walls for the purpose of adding another dwelling unit. SURROUNDING LAND USE AND ZONING: The Auto Commercial (AC) 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 surrounding properties include residential uses in a mix of zoning districts. The neighboring property to the north is a single family home zoned R-1 residential. To the west, across Second Avenue is a single-family home zoned Urban Residential (UR). To the east, across the alley is a single family home zoned Office Residential (OR). To the south, across Jefferson Street is a single family home zoned R1 residential. 15 Seward Planning and Zoning Commission Agenda Statement Resolution 2019 -0 10 Page 2 Development Requirements: The four unit multi -family dwelling meets some Zoning Code Development Requirements (Table 15,10.220) including lot coverage, minimum buildable lot size, and building height. The structure on the property is located within the 10 foot front yard setback, and the 10 foot setback adjacent to Jefferson Street. The building was constructed in 1950, and is therefore a nonconforming structure. 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 provide containers suitable for refuse collection (SCC 14.05). All containers shall be watertight with an animal -proof lid. Parking: Based on SCC § t5.10.215 (b), two parking spaces are required per dwelling unit, plus I/2 space for every unit larger than two bedrooms or greater than 1,000 square feet in size. Based on a review of the application materials, the structure consists of two units less than 1000 square feet, with two bedrooms each. One unit is less than 1000 square feet with three bedrooms, and one unit is greater than 1,000 square feet with two bedrooms. The number of required off street parking spaces for this development is nine (9), and nine (9) parking spaces are shown on the provided site plan. CONSISTENCY CHECKLIST: Yes No NIA Seward Comprehensive Plan (2030): 3.2.1 Promote residential and commercial development within the 1. City of Seward and its vicinity in accordance with community X values (Page 13) Strategic Plan (1999) 2. The Strategic Plan promotes residential and commercial X development inside the City Limits (Page 9). Public Notice: Property owners within three hundred (300) feet of Lot 21A Block 25, Original Townsite Modern Motors Subdivision 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 met. At the time of this publication staff has received no inquiries regarding the proposed Conditional Use Permit. If any comments are received after this publication, they will be presented to the Commission as a laydown at the June 4, 2019 meeting. 16 Seward Planning and Zoning Commission Agenda Statement Resolution 2019-010 Page 3 Staff Comment: Staff has reviewed the Conditional Use Permit application and no objections were reported. Department Comments No Comment NIA Electric Department X Fire Department & Building Department X Harbor Department X Police Department X Public Works 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. Nine (9) off-street parking spaces are required. 4. Bear -proof / bird resistant containers shall be provided for all garbage and refuse for the life of the use. 5. 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. 6. 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 2019-010 granting a conditional use permit for a four unit multifamily dwelling to Carroll and Robert O'Neal at 402 Second Avenue, Lot 21A Block 25, Original Townsite Modern Motors Subdivision in the Auto Commercial Zoning District. 17