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.
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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.
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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