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HomeMy WebLinkAboutRes2008-004Sponsored by: Applicant .. CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-04 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 LOUNGE/DRINKING ESTABLISHMENT WITHIN THE HOTEL EDGEWATER AT 200 FIFTH. AVENUE, LOT 21A, BLOCK 8, ORIGINAL TOWNSITE OF SEWARD, IN THE CENTRAL BUSINESS DISTRICT WHEREAS,-the applicant, The ICishan Group, Inc., dba Hotel Edgewater has requested a Conditional Use Permit to operate a lounge/drinking establishment in the Hotel Edgewater; and WHEREAS, the Hotel Edgewater is located on Lot 21A, Block 8 of the Original Townsite of Seward and is within the Central Business Zoning District; and WHEREAS, Table 15.10.225 of the Sewazd City Code allows alounge/drinking establishment in the Central Business Zoning District as a conditionally permitted use; and WHEREAS, after complying with public notice requirements, the Seward Planning and Zoning Commission held a duly convened public hearing on March 18, 2008 to receive comments and testimony pertaining to the Conditional Use Permit application: NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission finds that the proposed use comports with the following requirements of SCC 15.10.320.D: A. The use is consistent with the purpose of Chapter iS.10 (the Seward Zoning Code) and the purposes of this Central Business Zoning District The Central Business District is intended to provide for .an area of convenient, attractive, concentrated commercial development primarily for retail, financial, Sewazd Planning and Zoning Commission Resolution 2008-04 Page 2 of 4 r entertainment and professional services occurring within enclosed structures. .rr Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and are located close enough together to encourage walk-in trade. A lounge/drinking establishment is consistent with these purposes. B. The value of adjoinfng property will not be significantly Impaired The neighboring properties ate predominantly commercial, including another hotel and several parcels owned by the National Park Service to the north, commercial businesses and parking tots to the south, a lodging establishment to the east, and both a National Park Service building and the commercial Fourth Avenue downtown businesses to the west. C. The proposed use is consistent with the Seward 2020 Comprehensive Plan. In the 2020 Comprehensive Plan, one of the Goals, Objectives and Implementation Action Items is to "[e]ncourage the enhancement of private businesses in downtown Seward as the community's traditional retail core:' Vol. I, Section 3.1.1.1 (Bullet 2) at p. 18. The 1999 strategic Plan recommends continued support and encouragement of the revitalization of Seward's downtown. P. 14. D. Publie Services and facilities are adequate to serve the proposed use. Public water, sewer, and power aze available and currently in use within the Hotel Edgewater. There are adequate fire, police and solid waste disposal services to the premises. Although onsite public parking is not required within the Central Business District, the Hotel Edgewater provides parking for its guests on Lots 3l and 32, Block 17. E. The proposed use will not be harmful to the public safety, health or welfare Nothing in the proposed use unduly increases fire hazards, the spread of disease or environmental contamination. The Beverage Dispensary Tourism License issued to the Hotel Edgewater is strictly regulated by the. Alaska Alcohol Beverage Control Board in a manner ensuring that no person may be over-served in the lounge, or otherwise becomes a danger to the public as a result of this proposed use. F. Any and all specific conditions deemed necessary 6y the commission to fulfill the above-mentioned conditions shall be met by the applicant These may Seward Planning and Zoning Commission Resolution 2008-04 Page 3 of 4 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. The Alaska Alcoholic Beverage Control Board strictly regulates and controls access to the lounge/drinking establishment, screening of persons admitted, service to minors or intoxicated persons, and hours of operation. Section 2. Based on the fmdings in Section 1, the Planning and Zoning Commission fiuther fords that this Conditional Use Permit must be subject to the following conditions: 1. The conditional use of the premises as a lounge/drinking establishment is authorized only to the extent that it is operated in strict accordance with the Alaska Alcoholic Beverage Control Board regulations and the City of Seward noise ordinance. 2. The Planning and Zoning Commission may modify this conditional use permit if changed uses no longer conform to the standards and legal requirements justifying its present approval, or if the permittee applies for a modification to meet a different development plan that conforms to the standazds and legal requirements for approval of a conditional use permit. 3. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shalt occur only after payment of the filing fee established by resolution of the city council. Section 3. The Planning and Zoning Commission concludes that the proposed use satisfies the criteria for granting a Conditional Use Permit provided the conditions in Section 2 are met by the applicant, and the Planning and Zoning Conunission therefore authorizes the administration to issue a Conditional Use Permit to operate a lounge/drinking establishment within the current Hotel Edgewater, subject to those same conditions in Section 2. Section 4. Because strict compliance with the conditions of this permit is paramount to implementation of the intent of SCC §15.10.320, the Planning and Zoning Commission instructs the administration to confirm periodically that the use of the premises conforms to the standards and conditions for its approval here. ,,,,,, Section 5. This resolution shall take effect 10 days following its adoption. Seward Planning and Zoning Commission Resolution 2008-04 Page 4 of 4 PASSED AND APPROVED by the Seward Planning and.Zoning Commission this 18~' day of Mazch, 2008. THE CITY OF SEWARD ~ ~ Hanna Keil, Chair AYES: Heinrich, Kiel, McClure, Roach' NOES: None ABSENT: Anderson ABSTAIN: None VANCANT:Two ATTEST: Jean Lewis, CMC City Clerk (City Seal v`~:o"~ .t-5~,~,-~. IF 1.1~` ~f', OF A~P:q'..•'~'