HomeMy WebLinkAboutRes2008-006Sponsored by: Applicant
~` CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2008-06
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
AMENDING THE ORIGINAL CONDITIONAL USE PERMIT
ISSUED TO NATHAN ORR BY RESOLUTION 99-04 TO ALLOW
DEMOLITION, REMODEL AND CONSTRUCTION OF A 22 UNIT
MOTEL ON LOT 3A, BLOCK 18, FEDERAL ADDITION, ORR
REPEAT, 909 FOURTH AVENUE
WHEREAS, applicant Nathan Orr was granted a Conditional Use Permit (CUP)
by Planning and Zoning Commission Resolution 99-04, on June 2, 1999 to develop a 12
Unit motel on Lots 3 and 4, Federal Addition, and
WHEREAS, the applicant has applied to amend the original CUP to remove
remodel and construct a 22 unit motel on the replatted parcel of Lot 3A, Block 18,
r,,. Federal Addition, Orr Replat, for a total of 34 units, and
WHEREAS, the parcel is currently zoned Central Business District (CBD), and
WHEREAS, according to the Seward City Code, § 15.10.225 Land Uses Allowed
Table, a motel within the Central Business District (CBD) is a conditionally permitted
use, and
WHEREAS, having complied with the public notification process, the Seward
Planning and Zoning Commission held the required CUP public hearing on April 15,
2008.
NOW THEREFORE BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Secfion 1. According to SCC §15.10.320.D, the Commission shall establish findings
that the use satisfies the following conditions prior to granting a conditional use pernut:
"The use is consistent with the purpose of this chapter [the Seward Zoning Code) and
the purposes of the zoning district." (SCC §15.10.320.D.1)
Seward Planning and Zoning Commission
Resolution No. 2008-06
Page 2
Findings: This condition has been or will be established through the conditions.
Zoning: The property is zoned Central Business District (CBD). The Central
Business District is intended to provide 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. Hotels and motels are allowed in the Central
Business District by Conditional Use Permit.
Setbacks. There are no building setbacks required in the CBD, except where the
CBD abuts a residential district a minimum setback equal to that required of the
abutting residential district is required. Although the abutting parcel to the South
is zoned Central Business District the use has been a single family home with a
business. Condition number 1 of the existing CUP states "a minimum five foot
setback is required along the south property line. " Based on the submitted site.
plan a five foot setback from the south property line was provided during the
construction of the existing two story 12 unit structure and this condition shall
continue to remain in affect.
Parking. The current site plan identifies off-street parking for the motel.
Although the Zoning Code does not require any on-site parking in the CBD,
condition number 2 of the existing CUP required "one o, f, jr street parking space
per guest unit for a total of 12 on-site parking spaces". In zoning districts that
require parking, hotels and motels are required to provide one space per guest unit.
Based on the submitted site plan, the developer continues to provide the currently
required 12 spaces plus 16 additional on site spaces for a total of 28 spaces.
Based on historic occupancy records of Murphy's Motel, the developer has
submitted a request that the Commission allow less than a full space per unit. The
developer has requested a .8 ratio for the 34 units for a total of 27.2 or 28 full
spaces.
"The value of adjoining property will not be significantly impaired" (SCC
§15.10.320.D.2)
Finding: This condition has been met.
The neighboring properties are predominantly commercial including an auto
service business and boat storage yard to the north; business and single family
homes to the south; the city-owned ball field to the east and a bank and
commercial office building to the west. The existing 17 unit motel has operated
for many years on the same parcel. There is no indication that the proposed
.ri
Seward Planning and Zoning Commission
Resolution No. 2008-06
Page 3
remodel and expansion of the motel would negatively impair the value of
adjoining property. Condition number 3 of the existing CUP required "All areas
not devoted to buildings, drives, walks, parking areas or other authorized
installations shall be covered with one or more of the following: lawn grass,
natural or ornamental shrubbery or frees. " This condition shall continue to
remain in affect.
"The proposed use is in harmony with the. Seward Comprehensive Plan." (SCC
§15.10.320.D.3)
Finding: The proposal is in harmony with the Seward 2020 Comprehensive Plan
and Strategic Plan in that both plans encourage growth of year-round business.
Seward 2020 Comprehensive Plan Promote residential and commercial
development within the city of Seward in accordance with community values.
(Section 3.2.1 at Vol. 1, page 19) Promote expansion and development of local
entrepreneurial businesses. (Community Values at Vol. 1, page 16)
Strateeic Plan The Strategic Plan encourages development that is consistent
with our economic base vision. "Promote Residential and Commercial
;,~ Development Inside the City." (page 9)
"Public Services and facllities are adequate to serve the proposed use." (SCC
§15.10.320.D.4)
Finding: This condition has been or will be established through the conditions.
Water, sewer, and power are available to the property; however city staff has
indicated that upgrades to the services may be required to adequately cover the
increased demand. Adequate fire, police and solid waste disposal services are
available to the property. City code also requires that every business within the
City must provide containers suitable for refuse collection (SCC 14.05). Based on
the submitted site plan the dumpster is screened and located off the rear alley. All
construction waste and debris must be removed weekly and upon completion of
canstruction.
"The proposed use will not be harmful to the public safety, health or welfare." (SCC
§15.10.320.D.5)
Finding: This condition has been established or will be through the conditions.
There is no evidence that the proposed remodel and expansion of the motel, as
proposed, would be harmful to the public's safety, health and welfare. The
Seward Planning and Zoning Conunission
Resolution No. 2008-06
Page 4
building construction shall meet all current building and fire code requirements.
Close walking proximity to the Seward Small Boat Harbor makes the motel
location beneficial to visitor circulation supporting the Harbor Commercial
business district.
"Any and all specific conditions deemed neeessary by the commission to ful, fill the
above-mentioned conditions shall be met by the applicant These may include but are
not limited to measures relative to access, screening, ske development, building design,
operation of the use and other similar aspects related to the proposed use." (SCC
§15.10.320.D.6)
Section 2. Based on the above findings and conclusions, the amended CUP is
approved subject to the following conditions:
1. In accordance with the Land Use Plan designation of Auto Commercial and to
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minimize the impacts on the adjacent property to the south, a minimum five foot
setback is required along the south property line. (This condition shall remain in
affect)
2. A total of 28 off street parking spaces will be provided for the 34 unit motel
during the life of the motel. The location of the 28 parking spaces required must
be approved+by the staff through the building permit process.
3. All areas not devoted to buildings, drives, walks, parking areas or other
authorized installations shall be covered with one or more of the following: lawn
grass, natural or ornamental shrubbery or trees
4. A tratl`ic ingress and egress plan shall be submitted to and approved by the City.
5. The applicant shall continue to work with the City staff through the building
permit process to address and accomplish the required upgrades to the public
utilities.
6. 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 pennittee applies for a modification to meet a
different development plan that conforms to the standards and legal requirements
for approval of a conditional use permit.
7. Any proposed modification plan shall be subject to the public notice and public
hearing requirements of law, which shall occur only after payment of the filing
fee established by resolution of the city council.
Seward Planning and Zoning Commission
Resolution No. 2008-06
Page 5
...
Section 3. The Planning and Zoning Commission fords the proposed use, subject to
the above conditions satisfies the criteria for granting an amended conditional use permit
provided the conditions listed on Section 1, Subsection F. aze met by the applicant, and
authorizes the administration to issue a conditional use permit for the additional 22 units,
for a total of a 34 unit motel to Nathan Orr at 909 Fourth Avenue, Lot 3A, Block 18,
Federal Addition, Orr Replat, subject to the above conditions.
Section 4. The Planning and Zoning Commission fords that adherence to the
conditions of this permit is paramount in maintaining the intent of Sewazd City Code
Section 15.10.320; Conditional use pennits, 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 5. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15th
day of Apri12008.
THE CITY OF SEWARD
M 'anna Keil, h '
AYES: Anderson, Heinrich, Keil, McClure, Roach'
NOE5: None
ABSENT: None
ABSTAIN: None
VACANT: Two
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ATTEST:
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Sean ewis, C C ~~
City Clerk .••'~~Q;~
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