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HomeMy WebLinkAboutRes1996-018 Sponsored by: Staff CITY OF SEWARD PLANNING AND ZONING COMMISSION RESOLUTION NO. 96-18 Substitute A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING A CONDITIONAL USE PERMIT TO MICHAEL ENDRES FOR THE CONSTRUCTION OF TWO MULTI-FAMILY DWELLINGS ON LOTS 5 AND 6, JESSE LEE HEIGHTS SUBDIVISION, ADDITION NO.3 AS AUTHORIZED BY 15.10.320 OF THE SEWARD ZONING CODE WHEREAS, Michael Endres requested a Conditional Use Permit for the construction of two multi-family dwellings on Lots 5 and 6, Jesse Lee Heights Subdivision Addition No.3; and WHEREAS, an application meeting the requirements of Section 15. 10. 320(B), was submitted and received on October 15, 1996; and WHEREAS, this request is located on land zoned Multi-Family Residential (R3); and WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), a multi-family dwelling is permitted within the R3 Zoning District by Conditional Use Permit (CUP); and WHEREAS, a duly advertised public hearing, meeting the requirements of Section 15.01.040 was held by the Commission on November 6, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE SEWARD PLANNING AND ZONING COMMISSION of the City of Seward that: Section 1. In accordance with SCC S 15.10.320 (D), the Planning and Zoning Commission has reviewed the applicant's request for a CUP to construct two four-plexes on Lots 5 and 6, Jesse Lee Heights Subdivision, Addition No.3 and made the following Findings of Fact: A. A completed application and fee was submitted. The application and $250.00 fee was received by the city on September 15, 1996 B. The use is consistent with the purpose of this chapter and the purposes of the zoning district, to wit: Seward Planning and Zoning Commission Resolution No. 96-18 Substitute Page 2 1. Designating, regulating and restricting the location and use of buildings, structures and land for residence, commerce, trade, industry or other purpose. The proposed site is zoned R3. The R3 district is intended to provide for an area of higher density mixed residential uses which are predominately multi-family dwellings. Multi-family dwellings are allowed within the R3 zone by CUP. 2. Regulating and limiting the height, number of stories and size of buildings and other structures hereinafter erected, or alterations of existing buildings. The proposed development does not exceed the maximum building height of 34 feet or the maximum lot coverage of 40% as required by the Zoning Code Development Requirements (Table 15.10.220). The proposed coverage of Lot 5 = 28% and Lot 6 = 31%. 3. Regulating and determining the size of yards and other open spaces in order to provide adequate open space for light and air, and to prevent and fight fires. The R3 District requires the following setbacks: front = 20 ft; rear = 10 ft; side = 10. The development proposal meets all of the required building setbacks. The proposal does not meet the required parking setbacks. According to the Zoning Code (~ 15.10.215 M), the five parking spaces identified along the north property line must be located at least five feet away from the side property line. The code also requires that any parking area which adjoins the side of a lot in any residential district must be separated by a fence or hedge not less than four feet or more than six feet in height. Also, since the two lots will share a common parking area there is a need for the property owner to sign and record a parking agreement or replat the property to vacate the interior lot line. 4. Regulating and limiting the density of population by preventing an undue concentration of population. The property is zoned for multi-family (3 or more) dwellings. It does not appear that the proposal will create an undue concentration of population. 5. Lessening congestion on streets and highways. Although the two proposed four- plexes will increase the traffic on Swetmann A venue and connecting streets, the proposal will not increase the traffic beyond the streets designed capacity or create a safety concern with regard to traffic congestion. The existing bike/pedestrian path located in the 10 foot easement along the east property line provides a safe route for pedestrian traffic. Seward Planning and Zoning Commission Resolution No. 96-18 Substitute Page 3 Off-street parking assists in lessening street congestion. The Zoning Code requires two parking spaces per dwelling unit, however when the property was subdivided in 1984, the minimum lot size and parking requirements were less for multi-family development. C. The value of adjoining property will not be significantly impaired. The existing character of the area is already multi-family residential. There is no evidence that the project would have any significant negative impact on adjoining property nor would it make any change in property values community wide. D. The proposed use is in harmony with the Seward Comprehensive Plan. The Comprehensive Plan states the following: '*' Developable Land In Seward Is Scarce Yet There Is A Demand To Accommodate As Much Projected Demand For Housing As Possible Within the City Limits In Order To Ensure Sound Community Growth and Development '*' Continue every effort to encourage the development of affordable housing for Seward's growing housing needs -- including single- and multi-family housing units The Housing Analysis Update, completed in June of this year, stated that "There is a need for more unsubsidized rental property. Although rental housing is available year round, and pricing is reasonable compared with other areas of south central Alaska, the market is tight. E. Public Services and facilities are adequate to serve the proposed site. Adequate water, sewer and power appear to be available to the property as well as adequate fire, police and solid waste disposal services. There is a need for solid waste dumpsters on-site during and after construction. It is recommended that following construction one dumpster be provided on each lot, unless the property is replatted to create one lot. F. The proposed use will not be harmful to the public safety, health or welfare. For the safety of the tenants and visitors, it is recommended that lighting be provided in the parking area. All lighting must be arranged to reflect away from adjacent residential areas and streets. G. Any and all specific conditions deemed necessary by the commission to fulfill the above- Seward Planning and Zoning Commission Resolution No. 96-18 Substitute Page 4 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 to the proposed use. The Comprehensive Plan recommends continuing to require landscape plans as part of conditional use permits. Section 2. Based on the Findings of Fact specified in Section 1, the Planning and Zoning Commission authorizes the City Clerk to issue a Conditional Use Permit to Michael Endres for the construction of two four-plexes on Lots 5 and 6, Jesse Lee Heights Subdivision, Addition No.3, subject to the following conditions: 1. In order to allow for the proposed parking plan, the applicant will sign and record a parking agreement provided by the city or replat the property to create one lot. 2. All parking areas and driveways will be paved within one year from the issuance of the certificate of occupancy. 3. The designated parking area on the north side of Lot 5 and the south side of Lot 6 must be screened to adjoining residential property by either a solid wood fence or hedge not less than four feet or more than six feet in height. 4. In accordance with Seward City Code ~ 15.10.215 (H), lighting of all parking areas shall be developed to reflect away from adjacent residential areas and all public streets. 5. A landscaping plan which identifies: proposed landscape species (such as number, spacing, size at time of planting, and planting details); proposals for protection of existing vegetation during and after construction; grade changes; and buffers and screening devices, will be submitted to the Planning & Zoning Commission for review and approval. The approved plan shall be completed within one year from the date of the certificate of occupancy. 6. A solid waste dumpster will be provided on each lot, screened on three sides with a solid wood fence and placed in a location approved by the current city contractor for solid waste disposal. 7.a. The exterior design of the four-plexes shall be similar to the Polaroid photographs submitted by the applicant and presented to the Commission on November 11, 1996. Elevation design plans will be submitted to the Commission for review and approval. Seward Planning and Zoning Commission Resolution No. 96-18 Substitute Page 5 7.b. Any significant plan amendments will be submitted to the P&Z Commission for further review, approval and possible conditions. 8. The permit will be transferable only if and when the transferee signs a form provided by the city, acknowledging that the transferee is bound by all terms and conditions of the prior approval and permit. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission, this 6th day of November, 1996. THE CITY OF SEWARD, ALASKA ~!tJ- Blaine Bardarson, Chairman AYES: NOES: ABSENT: ABSTAIN: Bardarson, Carpenter, Darling, Kincheloe, Niebrugge, Skibeness None Castellina None ATTEST: ~ :: iea Q ~, .. ~ t",../ ;~. ,_.,..~ ".. ',"","""~ $.'" " ..,. ." '~V'" \ 'I'."!, ~. I'.l'r-.",':",: 1 .,'ii,.' "Jr. ..':.<....'. '", .>~."l..'l.." "0'\ ~. ~,.. ., '. -: ~i': ;;; " ,,"', . ~ , "',j'i ,}" ,-:.> "",.:'i> .,.....,.;-