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Home My WebLink About03182008 Planning & Zoning PacketSeward Planning Commission Agenda Packet March 18, 2008 Special Meeting City Couned Chambers Beginning at 6:30 f,m Seward Planning & Zoning Commission Special Mee m � 1 M8. 208 �30P.M. � ryr rmvsveers MmimuwK Cba 1bm8xpva 02/10 i 1. Call to Under SmMcCbre Coin uvnaa Term Fy:.v 0b10 1 OpeoinHCeremooy Mmgw AMemon A. Pledge of Allegiance Cmnmueiam Tam putmvi o"it 9. RoR Call va Pt c„mmwtoe- T 5yha Omit .Gwen HeINPIb Canmvalmer T ban"UT/ll .Cmdte RoaM' COMMISSIOAVT Tenn Elyves 02/10 varms cemmemoner Tarn lupirer ovil PFJtyr into city Manger 8,A ha* cavmmtiy lMwlaymem Dvevtm Dovw Clem. PlmuA^K Aanrtmv Am BoJry pxwivetivvon 0. Special Reports & Presentations A. City Administration Report 1. Rcponed Violations, laterpremtion and Abatement R. t)Wer Report, Announcements & Prcaeiaaliorm A Cittaeosr Comments OR any Subject Victim these items scheduled for public hearing. [Those who have signed in will be given the first opportunity to speak Time is limited to 1 minutes per speaker and JO mindu total nine for this agemm item] 6. Approval of Agenda and Consent Alm". [Approved of Comem Agenda passes at routine items indicated by asterisk (s). Consent Agenda items are not considered separately vdess a Commissioner so requests. In the event of such a request, the item is returned to the Repair AgemlaJ Planning& Zoning Commission Minch 18.2008 Special Meeting Agenda Page I 1. Public Hearings /Lima comments to 5 minutes. Those who have signed in will be given thefirst pporhmiry to yak) A. Unfinished Business Items requiring a Public Hearing - None B. New Business Items requiring a PnbBc Hearmg- 1. Resolution 2008.04 Of The Seward Planning and Zoning Commission Of The City Of Seward, Alaska, Greasing A Conditional Use Permit'fo The Kislev Opera, Inc., dba hotel Edgewater To Operate A LDUT19 inking Fsmblishmerd WiBdn The Hotel Edgewater Al 200 Fifth Avenue, Lot 21A, Block 8, Original Townsite Of Seward, mThe Central Business District .... Page 3 8. Unfinished Business -None 9. New Business - None 10. Iafarmafianal Items and Reports (No action required) -None 11. Commission Comments 12. Citizens' Comments [Limit to 5 minutes per individual - Each individual has am opportunity to speak] 13. Commission and Adminlatrution Response to Citizens' Comments 14. Adjournment Planning ce Zoning Commission Special Meeting Agenda March 18, 2008 Page 2 2 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONMC COMML581ON RESOLUTION 201 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO THE KISHAN GROUP, INC., DBA HOTEL EDGEWATER TO OPERATE A LOUNG"RINMNG ESTABLISHMENT WITHIN THE HOTEL EDGEWATER AT 200 FIFTH AVENUE, LOT 21A, BLOCK 8, ORIGINAL TOWNSITE OF SEWARD, EN THE CENTRAL BUSINESS DISTRICT WHEREAS, the applicant, The MAW Croup, bsc., din Hotel Edgewater has reyueaw a Conditional Use Permit to operate a loungwirivking establishment in the Hotel Edgewalm; and WHEREAS, the Hotel Edgewater is located on Lot 21 A, Block 8 of the Original Townsite of Seward Will is within the Central Business Zoning District; and WHEREAS, Table 15.10.225 of the Sewer] City Code allows a lomgeldrivldng Weablishmmt in the Central Business Zoning District as a conditionally permitted use; said WHEREAS, aller complying with public notice ittim rents, the Seward Planning said Zoning Commission held a duly mnvmed[ public hearing on March 18, 2W8 to receive unrments and testimmy per aimng to the Conditional Use Pemrit application: NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Satim 1. The Commission funds that the proposed use compacts; with the fallowing reyuirements of SCC 15.I0.320.D: A. The see h consistent whit the purpose of Chapter 15.10 (the Seio rd Zoning Code) and the purposes ofthis Central Business Zoning District The Cmtral Business District is intended to provide for an ores of mnvmient, attractive, maicmtrazed commuted development primarily for retail, snantaal, Seward Planning and Zoning Commission Resolution21108- Page 2 of enledaiawent and prof sinnal services occurring within enclosed structures. Regulations applying to tivs zone am designed to encourage a compact group of businesses oftbe type which are mentally beneficial and are located close enough together to cnmmage wall -in trade. A loungoJddvking establishment is consistent with these purposes. B. The value ofadjommi property will not be signifreantly impaired The neighboring propomes are predominantly commumend including another hotel and several pawls owned by the National Park Service to the math, commercial businesses and parking lots to the south, a lodging establishment to the east, and bath a National Perk Service building and the commercial Founh Avenue downtown busineses to the west C. Thepropased um b conodiem with Me Seward 2020 Comprehensive Plan. In me 2020 Comprehemove Plan, one of the Goals, Objectives and Implementation Action Items is to "[e]ncourage the eMencemmt of private businesses in downtown Seward as the community's traditional retail core.- Vol. 1, Section 3.1.1.1 (Bullet 2) at p, 18. The IM strategic Plan recommends continued support and encouragmcot of the revitahomon of Seward's downmwn. P. IC D. Publir Servires endf llltlax are adequmam serve dieproposednse. Public water, sewer, mod power are available obit correctly in use within the Hotel Edgewater. There arc adequate tire, police and solid waste disposal services to the premises. Although onsite public parking is not miluhed within the Central Business [Harriet, the Hotel Edgewater provides pinking for its guests on Lots 31 and 32, Block 17. E. The proposed use will not be harmful to the pubile safety, health or avlf rw Nothing or the pruposeal use unduly increases fire hoards, the spread of disease or environmental contamination. he Beverage Dispensary Tourism License issued to the Howl Edgewater is .strictly regulated by the Alaska Alcohol Beverage Control Board w a manor euauring that no person may he over -served in the loungq or otherwise becomes a dinner In the public as a result of this Proposed use F. Any and all aperifir conditions deemed necessary by the Cmmision or fulfill the above -mentioned vndifions shall be met by the applleane These may Sewed Planing and Zoning Commission Resolution M-04 Page 3 of4 include but are net dmhed W Measures register m access, screening, site development building devign, operation of the use and Asher .ahnilar a dam relamd to the propn ied are. The Alaska Adiabatic Beverage Central Board strictly regulates and controls access to Me to inge/drinking establishment, screening of persons admitted, service to minors or intoxicated persons, and boom of operation. Seethes 2. Based on the findings in Seesum 1, the Planning and Zoning C rmnmmcsa fiulhu gilds that due Gmdiennal Use Permit must be subject to the following conthtians: I. 'Ibe conditional use of the premises is o operated in st iag accordance ails authorized only to the mining that it is operas 1 iv strict accordance with the Alaska Alcoholic Beverages Control Board regulation and the City of Seward noise ordinance. 2. The Planning and Zagging Commussim may modify this condi imad use peril if changed uses no longer common m the standards and legal realuiremnis justifying its moment approval, or if the penwnee applies for a modification to meet a different development plan that conforms to the standmds good legal requuemevts for approval of a condltiorml use permit. 3. Any proposed modification plan shall be subjeM ro the public notice and public hearing requirements of law, which shall occur only alter payment of the filing fee established by resolution of the city comril. Section 3. The Planning and Zotdng Commission concludes that the proposed use satisfies the criteria for Visiting a Conditional Use Peanut provided the roughtions too Section 2 are met by the appkenl, and the Planing and Zoning Commission therefore notorious the administration to issue a Condition) Use Peanut to operate a lounge/druking establishment within the current Hotel Edgesvaler, subject to those same conditions in Section 2. Section 4. Because strict compliance with the conditions of this pert is paramount to implementation of the intent of SCC §15.10.320, the Planning said Zoning Commission instructs the administration to confirm periodically that the use of the posnises confirms in the standards and conditions for its approval bug. Seetlon 5. This resolution shut take effect 10 days following its adoption. Seward Planing end Zoning Cmwwss an Resolution 2008-M Page 4 of 4 PASSED AMU APPROVED by the Seward Planting and Zoning Commission ans 18ih day of March, 200S. T� CITY OF SEWARD Mariana Kul, Chair AYES: NOES: ABSENT: ABSTAW: VANCANT ATTEST: Ien Lewis, CMC CityCle& (City Seat) P&Z Agenda Statement Meeting Date: March 18,2008 Tbrougls: Bob Hicks, Community Development Director Dome Gleoz, Planning Assistant Farm: Anne Bailey, Executive Liaison Agenda Rem: Resolution 2008-04 gantwg a Conditional Use Permit to The Kishm Group, Inc, dba Hotel Edgewatm to operate a leungc/drinking cslabfisbment within the Hotel Edgewater at 200 Fifth Avenue, Cot 21 A, Block 8, Original Townsite of Seward, in We Central Business District BACKGROUND & JUSTIFICATTON: The lUdian Group, Inc dba Hotel Edgewater has requested a Conditional Use Permit to operate a Ioungo(diiukarg estabtishmerat within the carried Hotel Seward, located a 200 FiRh Avenue, on Lot 21 A. Block 8, original Townsite of Seward, withla the Central Business District (CBD). A loougo/dridting cetablishmmt is allowed in fie Central Buawesa Dished zone as a mnditimdlypemineduse. SCC Land Uses Allowed, Table §15.10.225. The applicant has the required State of Alaska, Beverage Dispensary Tourism license. The owner of the Hotel Edgewater provides a linage area within the hotel known as "The Tansy Cove." This lounge busiscss was operating without a conditional use permit daring 2007. The nonconforming use was discovered by the City during a recent business license application process. BURROUNDMG LAND USE AND MNMG.- The Conrad Business District (CHD) is defined u "an area of convenient attractive, concentrated commencial development primarily intended for retail, financial, undercurrent and professorial services occurring within enclosed structures. Regdatiom applyinlg to this zone are deapd m encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to rncourage walk-in trade," SCC §15.050.025 The ubarecho of the swrounding area is prof sional od5cesswvmeroinl businesses, retail stores and another hotel. The Alaska Seal.ife Center and many restnwvrcs and shops are within easy walking distance of Us hotel. Property owners within Use hundred (300) feet of Lot 21A, Block 8, Crigival Townsite of Seward have been mtificd of this proposed conditional use permit aetioa Public notice signs have been posted on the property, end all odder public homing re lumnaents of Sewmd City Cade 515. 01.0,10 have hem completed timely. At this time of publication of this mport, staffhxs received m public comment Ifanycommems are received after Us publication, they will be presented in the Commission at the March 18, 2008 meeting. 12BCOMMBNDBD CONDITIONS: Use of premises as a drinking establishment could potentially nose issues pertaining to the 'public safety, health or welfms" requirements of SCC 15.10.320.D, if aleobolic beverages were coed to minors or intoxicated persons, m if noise or rowdiness disturbed the neighborhood. The likelihood of such risks is adernizoil, however, if the per aitlm complies with the strict regWatioas of the Alaska Alcabelic Beverage Control Board end with the Sewmd noise ordinance. Therefore, the admwistretioa recommends imposition of the following condition for the pernit: 1. The conditional use of the premises as a loungc/drinking establishment is authorized] only to the extent Out it is operated in aria accordance with the Alaska Alcoholic Beverage Control eomd reguldiums end tide City of Sewmd noise ordinance. The Planning end Zoning Commission has, in the pest, requestd that au cauditionel use permits contain provisions addressing changed uses and diffeent development plans in the future. The following provisions are an edited redraft of language and formats used h past conditional nee permits: 2. The Planning end Zoning Commission may modify this conditional use permit if changod now no burger coWorm to the standards and legal requirements justifying its present approval, or if the permium applies for a modification to meet a dillorent development plan that conforms to the standards and legal requirements for approval of a conditional use permit. 3. Any proposed modification plan sled] be subject m the public notice and public hearing requirements of law, which shell occur only after payment of the filing fce establisbd byresolution ofthe city council. cunslJf6nCY uhtC8 15[' Yes No Seward Comoreheoeive plan (2020) yy 3.1.1.1 (Bullet 2) Encourage the mhwcemmt of private businessee to doxvtowe, Seward as the wity's traditional need cote. (page 18) Many Values statements deal objectives support cxpansion of businesses aceviries, including those that support the visitor industry. In Secvon 3, many areas of economic development include mmuregemeot of tourism, and tourism support businesses. Streteeic Plan (19991 f] Continue to Support cod Evcowage the Re -vitalization of Downtown (page 14). RECOMMENDATION: The Commodity Devdopmeat Department staff recommends approval of Reaolution 200M4 granting a Conditional Use Pemrit to The Rishan Group, Inc., dha Hotel Edgewater to operate a LowKe(Oratring Establishment within the Hotel Seward located at 200 Pi1th Avenue, fnt 21 A, Block 8, Original Townsite of Seward, in the Central Business District. That Rxiolution includes the conditions recommended above. March 2008 Mar l2008 M TIN W T F S S M W T 2 3 G 5 6 Z 6 12395 6 1 6 910 1l 12 13 14 B 13 11 1316 121819 16 17 18 19 20 21 22 20 21 9223 21 15 26 23 M 35 26 27 28 29 27 28 H 30 30 31 Mmkl 6:3-mMMITd T �a Y 7:30p0 P& Macbuy '. ll000 Qy:. ? 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