HomeMy WebLinkAboutRes2008-007Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2008-07
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
GRANTING A CONDITIONAL USE PERMIT TO TOM SWANN
TO CONSTRUCT A FOUR-UNIT TOWNHOUSE COMPLEX
WITHIN THE CENTRAL BUSINESS DISTRICT ON CURRENT
LOTS 7-14, BLOCK 7, ORIGINAL TOWNSITE OF SEWARD AT
THE CORNER OF BALLAINE AND RAILWAY, 223 BALLAINE
BOULEVARD
WHEREAS, Applicants Tom Swann, Brown, Paterson and Uhart have requested
a Conditional Use Permit for the construction of two townhouses containing two units
each on Lots 7-14, Block 7, Original Townsite of Seward, ;and
WHEREAS, the property is in the Central Business Zoning District (CBD); and
WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225},
~„~„ attached single-family dwellings (townhouses) are permitted within the Central Business
Zoning District (CBD) by Conditional Use Permit (CUP); and
WHEREAS, afour- unit townhouse will contribute to addressing the housing
needs of the community; and
WHEREAS, having complied with the public notification process; on April 15,
2008, 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:
Section 1. In accordance with SCC § 15.10.320 (D), the Planning and Zoning
Commission has reviewed the applicant's request for a CUP to construct afour-unit
townhouse on Lots 7-14, Block 7, Original Townsite of Seward and made the following
Findings of Fact:
1. 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 established or shall be through the
conditions.
'^-~ The property is zoned Central Business District (CBD). Townhouse dwellings are
Seward Planning and Zoning Commission
Resolution No. 2008-07
Page 2
allowed in the Central $usiness District by Conditional Use Permit.
Development Requirements
The proposed townhouse development meets the Zoning Code Development
Requirements (Table 15.10.220), Land Uses Allowed (Table 15.10.225) and Townhouse
Development Requirements (SCC § 15.10.235) including building setbacks, lot coverage,
building height, and minimum lot width. The townhouse development requirement that
two hundred cubic feet of covered storage space be provided, exclusive of the living area
of the unit, has been satisfied within. the individual unit garages.
The following townhouse development conditions must also be .met by the
applicant:
In accordance with Seward City Code §15.10.235. K. Homeowners association:
The developer or subdivider shall give evidence that compliance with the Horizontal
Property Regimes Act, AS 34.07, has been made prior to the sale of any townhouse
dwelling units.
a. The developer or subdivider shall deposit with the appropriate homeowners
association, formed in compliance with the Horizontal Property Regimes
Act, a contingency fund in the sum of five hundred dollars ($500.00) per
dwelling unit in the townhouse development fund; and
b. A copy of the bylaws of the homeowners association showing in what
manner the aforesaid contingency fund shall be controlled shall be
furnished to the city for review and approval; and
Landscapin¢: In accordance with Seward City Code 1S.10.235.L. All areas not
devoted to buildings, drives, walks, parking areas or other authorized installations must
be covered with one or rnore of the following: lawn grass, natural or ornamental
shrubbery or trees.
Setbacka~. 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. No abutting residential districts affect this development.
The abutting zoning district to the North is Auto Commercial, to the West is Central
Business and to the South and East is Park.
Par ' .Although the Zoning Code does not require any on-site parking in the
CBD the submitted site plan identifies two (2) garage parking spaces per Townhouse unit
and additional parking within the driveway space.
2. The value of adjoining property will not be significantly inepaired
Finding: This condition has been met.
The neighboring properties are a mix of residential and commercial uses. There is
Seward Planning and Zoning Commission
Resolution No. 008-07
Page 3
no indication the development will negatively impact the value of adjoining properties.
The parcel to the West contains the multi-family Bayview Apartments, to the North is a
single family home and to the South and East is the City owned Water Front Park.
3. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: The proposal is in harmony with the Seward 2020 Comprehensive
Plan and Strategic Plan (1999) in that both plans encourage growth and infill of vacant
lands for both commercial and residential development within the downtown district.
Seward 2020 Comprehensive Plan (approved by Council, 2005)
3.2.1 Promote residential and commercial development within the city of Seward in
accordance with community values. (page 19) 3.2.1.2 Bullet 2, Evaluate mixed
commercial and residential uses in the Seward downtown business district. Bullet 3,
Encourage downtown apartments and other high density residential development,
including seasonal housing at all market levels. Land Development Bullet 7, Encourage
home ownership opportunities. (page 15) Economic Base Bullet 4, Promote infill
development by encouraging and promoting construction on vacant sites in areas of the
city which are already established. (page 15)
Strateeic Plan (1999)
The Strategic Plan encourages development that is consistent with our economic base
"""' vision. "Promote Residential and Commercia! Development Inside the City." (Page 9)
Pursue the community's vision through rigorous implementation of the Comprehensive
and Land Use Plans. "Promote in-fill development by encouraging and promoting
construction on vacant sites in already established areas of the City."(page 10)
4. Publu Services and facilities are adequate to serve the proposed use.
Finding: This condition has been established or shall be through the
conditions. Water, sewer, and power are available to the property; however city staffhas
indicated that upgrades to the services may be required to adequately cover the increased
demand. The developer has met with City staff and is aware of these conditions.
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). Based on the submitted site plan
the garbage cans located off the rear alley. All construction waste and debris must be
removed weekly and upon completion of construction.
5. 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. There is no evidence that the townhouse development will cause any
additional concerns to public safety, health or welfare. The construction shall meet all
... current building and fire code requirements and be reviewed through the building permit
Seward Planning and Zoning Commission
Resolution No. 2008-07
Page 4
process. Landscaping of all areas not devoted to buildings, drives, walks or other
authorized installations shall beprovided.
~ Any and al! sped 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. A landscape plan shall be submitted for staff approval prior to issuance of
a building permit.
2. Constn~ction waste and debris shall be removed weekly and upon
completion of construction.
3. The applicant shall continue to work with staffthrough the building permit
process to address and accomplish the required upgrades to the public
utilities.
4. The applicant shall met the requirements of Seward City Code §15.10.235.
K. Homeowners association.
5. 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
standards and legal requiremenrts for approval of a conditional use permit.
6. 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.
S 'on 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 6 are met by the applicant, and
authorizes the administration to issue a conditional use permit Tom Swann, Brown,
Paterson and Uhart to construct afour-unit townhouse on Lots 7-14, Block 7, OTS,
subject to the above conditions.
Seward Planning and Zoning Commission
Resolution No. 2008-07
Page 5
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.
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15s'
day of April 2008.
THE CITY OF SEWARD
M 'anna Keil, Chaff
AYES: Anderson, Heinrich, Keil, McClure, Roach'
NOES: None
r.. ABSENT: None
ABSTAIN: None
VACANT: Two
ATTEST:
-,
Je Lewis, MC ,
Ci Clerk ~-~
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