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HomeMy WebLinkAboutRes2019-011' Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2019-011 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO ELLIOT JACKSON DBA SEWARD LODGING LLC TO OPERATE A MIXED USE COMMERCIAL BUILDING INCLUDING RESTAURANT, HOUSING, AND NIGHTLY LODGING ACCOMMODATION ON LOT 4A BLOCK 3, ORIGINAL TOWNSITE SEASALT REPLAT, LOCATED AT 133 FOURTH AVENUE; WITHIN THE CENTRAL BUSINESS (CB) ZONING DISTRICT WHEREAS, Elliot Jackson has applied for a Conditional Use Permit (CUP) to operate a mixed use commercial building including restaurant, housing, and nightly lodging accommodation within the Central Business Zoning District (CB); and WHEREAS, the property is located on, Lot 4A Block 3, Original Townsite Seasalt Replat of Seward, physical address of 133 Fourth Avenue; and ' WHEREAS, the structure on the subject property was built in 1942, prior to zoning requirements for a Conditional Use Permit, and included commercial space on the first floor and single room occupancy style housing space on the second floor; and WHEREAS, the applicant has applied for a Conditional Use Permit, seeking to keep the restaurant and add a mix of long-term and short -tens rentals in the habitable portion of the commercial building; and WHEREAS, in accordance with Land Uses Allowed Table 15.10.226, a dwelling, apartment in a commercial building (2 or more units) is allowed in the Central Business Zoning District as a conditionally permitted use; and WHEREAS, in accordance with Land Uses Allowed Table 15.10.226, Lodging, Hotel is allowed in the Central Business Zoning District as a conditionally permitted use; and WHEREAS, according to the Seward City Code, in cases of reasonable doubt as to whether a use is permitted in a specific zone, the guidelines established for conditional uses in section 15.10.320 shall apply; and WHEREAS, having complied with the public notification process; on June 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: Seward Planning and Zoning Commission Resolution No. 2019-011 Page 2 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, or shall be through the conditions. The property is zoned Central Business (CB). The Central Business District provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. Dwellings and lodging are allowed in the Central Business District by conditional use permit from the Planning and Zoning Commission. 1 B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The surrounding properties are all zoned Central Business District, and include the Alaska Sealife Center to the south, Seaview plaza to the west, a vacant parcel to the east, across Fourth Avenue, a bar and a restaurant are located immediately to the ' north. 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) 3.2.1.2 Support mixed commercial and residential uses in the Seward downtown business district Support apartments and other high density residential development, including seasonal worker housing (Page 14, bullet 2 and 3) Strateeic 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 ase. ' 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 1 Seward Planning and Zoning Commission Resolution No. 2019-011 Page 3 services. City code requires that every business within the City most provide containers suitable for refuse collection (SCC 14.05). R. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been established or shall be through the conditions. The building shall meet all building and fire code requirements and be reviewed through the building permit process. A professional architectural code study shall be required to review the structure for compliance with applicable building codes. Adequate fire and police services are available to the property. 15.10.215 Parking Code requires one parking space per guest room in hotels, motels, and lodging. Studio apartment units also require one parking space per unit. Within the Central Business District no on -site parking is required for commercial uses. The applicant has not indicated any provided parking on the site plan, and there is no room on the subject parcel to provide off street parking. There are 109 angled and parallel street parking spaces within a 300 foot radius of the subject property. Within that 300 foot radius are 14 individual business establishments, two office buildings, a church, and a 14 unit apartment building. 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 prior to the issuance of any business licensing relating to the mixed use of the property. 2. The applicant shall obtain a professional architectural code study to address the change in use of the building, with compliance. 3. 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. 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 pennitee, be modified by the Planning and Zoning Commission: Seward Planning and Zoning Commission Resolution No. 2019-011 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. 7. Seven (7) off-street parking spaces shall be required for the life of the use. 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 seven unit multifamily dwelling to Elliot Jackson at 133 Fourth Avenue, Lot 4A Block 3, Original Townsite Seasalt 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. Sec 'on 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 0 day of June, 2019. THE CITY OF SEWARD Cin y ck t ,Chair AYES: Hatfield, Fleming, Ambrosiani, Seese, Charbonnea Wand NOES: ABSENT: ABSTAIN: VACANT: ATTE aaaeauae.>.�, % B nda Ballou, MMU�.• City Clerk S —O— • SEAL, • City seat) 1 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 mixed use commercial building including restaurant, housing, and nightly lodging accommodation at 133 Fourth Avenue, Lot 4A Block 3, Original Townsite Seasalt Replat BACKGROUND & JUSTIFICATION: Elliot Jackson has applied for a Conditional Use Permit (CUP) to operate a mixed use commercial building including restaurant, housing, and nightly lodging accommodation within the Central Business (CB) Zoning District. The structure presently located at 133 Fourth Avenue is a two-story commercial building that was constructed in 1942, prior to the zoning requirement for a Conditional Use Permit, and originally included commercial space on the first floor and single room occupancy style housing space on the second floor. The applicant has applied for a Conditional Use Permit, seeking to keep the restaurant and add a mix of long-term and short-term rentals in the habitable portion of the commercial building. Overnight uses in the Central Business District generally require a Conditional Use Permit, and the following provisions of Seward City Code apply. In accordance with Seward City Code section 15.10.315 (h) (1), a use that was legal and did not require a Conditional Use Permit when it was initiated, but now requires a Conditional Use Permit and shall be considered a legal conforming use and may continue to exist as a conditional use subject to the provisions of this chapter and may be modified in accordance with section 15.10.320. In accordance with Seward City Code section 15.10.320 (g)(4), Conditional Use Permits may be transferred from one owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. In accordance with Seward City Code 15.10.125 (B) in cases of reasonable doubt as to whether a use is permitted in a specific zone, the guidelines established for conditional uses in section 15.10.320 shall apply The applicant has stated that they intend to rent five of the eleven upstairs rooms nightly, and retain the remainder for employee use. The second floor of the subject structure includes eleven rooms. Ten of the eleven rooms share bathroom and shower facilities, and all rooms share cooking facilities. The layout of the second floor is similar to a single room occupancy hotel, which was common for the period in which the building was developed, and exists elsewhere within other buildings in Seward's historic downtown. 33 Seward Planning and Zoning Commission Agenda Statement Resolution 2019-011 Page 2 SURROUNDING LAND USE AND ZONING: The Central Business District provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. The surrounding properties are all zoned Central Business (CB) District, and include the Alaska Sealife Center to the south, Seaview plaza to the west, a vacant parcel to the east, across Fourth Avenue, a bar and a restaurant are located immediately to the north. Development Requirements: The structure on the subject property meets Zoning Code Development Requirements (Table 15.10.222). The subject property is approximately 8,772 square feet. 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. All construction waste and debris must be removed weekly and upon completion of construction. Parking: Parking Code requires one parking space per guest room in hotels, motels, and lodging. Studio apartment units also require one parking space per unit. Within the Central Business District, no on - site parking is required for commercial uses. The applicant has not indicated any provided parking on the site plan, and there is no room on the subject parcel to provide off street parking. There are 109 angled and parallel street parking spaces within a 300 foot radius of the subject property. Within that 300 foot radius are 14 individual business establishments, two office buildings, a church, and a 14 unit apartment building. 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) 34 Seward Planning and Zoning Commission Agenda Statement Resolution 2019-011 Page 3 3.2.1.2 Support mixed commercial and residential uses in the Seward downtown business district Support apartments and other high density residential development, including seasonal worker housing (Page 14, bullet 2 and 3) 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 4A Block 3, Original Townsite Seasalt 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 met. At the time of this publication staff has received one inquiry regarding the proposed Conditional Use Permit. A neighboring property owner called to express concern about the lack of provided parking in the application, citing an existing lack of available street parking in the vicinity, which results in unauthorized use of their parking lot. If any comments are received after this publication, they will be presented to the Commission as a laydown at the June 4, 2019 meeting. Staff Comment: Staff has reviewed the Conditional Use Permit application and no objections were reported. Department Comments No N/A Comment Electric Department X Fire Department & This change of use from monthly Building Department to nightly requires an architectural code study be performed to ensure life safety requirements are being satisfied. Harbor Department X Police Department X Public Works Department 35 Seward Planning and Zoning Commission Agenda Statement Resolution 2019-011 Page 4 Recommended Conditions: 1. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications prior to the issuance of any business licensing relating to the mixed use of the property. 2. The applicant shall obtain a professional architectural code study to address the change in use of the building, with compliance. 3. 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. 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. RECONEM ENDATION: The Community Development Department staff recommends approval of Resolution 2019-011 granting Conditional Use Permit 2019-09 to EIliot Jackson to operate a mixed use commercial building including restaurant, housing, and nightly lodging accommodation on Lot 4A Block 3, Original Townsite Seasalt Replat within the Central Business {CB) Zoning District 36