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CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2UU9-I)4
A IZH;SOLUT[ON OF THE SEWARD PLANNING AND ZONING
COMMISSION, GRANTING A CONDI"1'IONAL USE PERMIT TO BLUE
ROSE ENTERPRISES 'I'O R[;MODEL AND OPERATE A MUI.TI-
FA'.VIILY ST'RUC'TURE, ADDING FIVE (S) ADDITIONAL, UNIT'S, FOR A
TO"I'AL OF 14, LOCATED AT 30U WASHINGTON STRF,ET
(HISTORICALLY KNOWN AS THE BUI('K BUILDING) WITHIN THE
CENTRAL BUSINF,SS 7.ONING DISTRICT
WHEREAS, Bluc Rose I?nterprises, dba Buick Apartmcnt Building, has applied for a
Conditional l fse Permit (CUP) to remodel and operate the current Buick Apartmcnt Building by
adding Live (~) apartment units for a rotal of lix~rtccn (14) apartments; and
WHU;l2N;AS, the property is located at X00 Washington Street with a legal description of
the West 50 leet of Lots Z1-23, and all of Lot 24, Block 10, Original Townsite of Setivard, within
the Cenu~al Business Toning District (CBDj; and
WHEREAS, in accordance with the Land Uses Allowed Table (15.10.220, multi-family
apartments are allow within the Centra] Business Zoning District (CBI)) by Conditional Use
PeClnl((CUP): and
WHERI?AS, the current Buick Apartment Building was built before the requirement of a
Conditional Use Permit as' addressed in the Seward Zoning Code under Title ~ 1 >. 10. ~ 1 ~, Il.
'Voncont2mning lots, structures and uses: and
WHEREAS, a use that was legal and did not require a Conditional Llse Permit when it
was initiated. but which would now require a Conditional Use Permit under the terms of this
chapter. shall be co~lsidered a legal conti~rming use and may continue to exist as a conditional
use subject to the provisions of this chapter and may be modified in accordance with section
15.10. X20. Conditional l Ise Permits; and
W111?Itl?AS, having complied with the public notilication process: on February 17,
2009. the Seward Planning and %oning Commission held the required public hearing on the
Conditional (Jse Permit application.
NOW, THEREFORE, BE IT RI~;SOLVED by the Seward Planning andLunin~~
Commission that:
Section I. In accordance with SCC ~ 15.10.320 (D), the Planning and 7.oning Commission has
reviewed the applicant's request for a CUP to remodel by adding. five (5) units and operate a total
of 14-mitt multi-lamily apartment building on the West ~0 legit of i.ots 21-23. all of Lot 24,
Block 10. Original Townsite of Seward, and made the following Findings of Fact:
Sc~nard Planning and Luning Commission
Resolution 1~'0. ?009-0~
Page 2 of d
1. The use is consistent with the purpose n/'this chapter (the SewardLnaina Code) and
Ilre pro/roses ojlhe zonin; rlis/rict.
Finding: "phis anuiition has been established or shall he through the conditions.
The property is located within the ('entral Business Toning District (CBU). Multi-lamily
structures arc allowed in the Central Business District by Conditional Use Permit. This
building has contained and operated nine (9) aparunenl units on the upper level and has
been used as a multi-lamily structure lur more than ~0 years.
2. The value r f ncljoining propert~~ will not be si;ni~cantly impnirerl
Finding: This condition has been established or shall be through the conditions.
~fhc neighboring properties contain a verity of residential and a>nunercial uses. "fhc
parcels adjoining to the North arc currently owned by the National Park Service and were
purchased to one day provide parking fur the proposed Mary Lowell Center. The parcels
to the Earl are predominantly commercial businesses with a mis of residential
aparnnents. which mainly front on Fourth Avenue. two small parcels front on
Vv'ashington Street. The large, one owner lots to the south contain the parking lot and
Scavicw~ Pluza building. "I~hc parcels to the West. across Third Avenue. are the
commercial Orca Building, several currently vacant commercial parcels. the Qutekcak
'xlative ~l'ribc structure. and amulti-family four-plcs. All parcels arc within Che Central
Business %oning District. "Chore is nu indication the rcyucstcd increase to the multi-
family sU~uclure will negatively impact the value of any of adjoining properties.
3. The proposed rose is ire harnuur~~ with the Seward Conrprc~herrsfve Plan.
Finding: This Condition has been met.
I~herc is an identilied community need fur all types of housing in Seward, with a specific
hullo to encourage downtown apartments. The operation of the multi-family structure
and the additional five (~) apartment units is consistent with the Seward Comprehensive
and Strategic Plans.
Seward 20211 Comprehensis~e Plan (xpprus~cd by Council, 2005)
~hhc Comprchcusiyc Plan recommends continuing every effort to encourage the devclopmeut of
aflurdablr housing lur Seward's growing housing needs.
3?.l? I~:xpand the opportunity lur al~lurdable, diverse. year-round housing through
appropriate land use regulations. (Bullets 2 and ~)
• I•;valuatc mixed commercial and residential uses in the Seward downtown
business district.
• L;ncouragc downtown apartments and other high density residential development.
including seasonal housing at all market levels.
Stratc~ic Plan (I 999)
The Strategic Plan encourages the expansion and availability of alturdable. diverse, year-round _
huusin~~. (page IRl
Seward Planning and %uning Cununission
Resolution '~u. ?009-0~4
P•iac ; of 4
• Seward has a wide range of housing alternatives to meet the varied needs of Scward's
!om, term and seasonal residents.
The Su~alegic Plan also promotes residential and commercial development inside the City (pa~,e
9)
• I?naxuage consU•uetion of residential and seasonal housing at all market levy-ls.
4. Puhlic Services and facilities are crdeyuate to serve the proposed use.
Finding: I~his condition has been established or shall be through the conditions.
Water, sewer, and power are available to the property; ho~~~ever City staff has requested
the applicant to provide anticipated load increases. 'I~he applicant has been notilied and is
currently working to provide the requested information. 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 reluse
collection (SCC 14.05). All construction waste and debris must be removed weekly and
upon completion of construction.
5. The proposed rrse~ will not be harmful to the public sa/etv, {realth or welfare.
Finding: 'this condition has been established or shall be through the conditions.
Based on public comments on-site parking will be required as a condition lur the
additional live (~) apartment units. Although within the Central Business District no on
site parking is required by City Code the applicant has iudicatcd six (6) on site parking
spaces are available. The current non-conlonning multi-family use has not been required
to provide on site parking. There. is no evidence the operation of the multi-tamily
sn•uctw•e and/or the addition of live (>) apartment units will cause any additional
concerns to Puhlic safety. health or wcllarc. "I'he consUvction shall meet all current
building and tiro code requirements and be reviewed through the building permit process.
Adequate fire and police services arc available to the property.
6. Any arul aU specific conditions deemed uecessarv by the commission to fidfill flee
ahoreanrntionrd conditions shall he znt by the applicant These nzgv include but crre
not Irntited to meaSUYeS relcrtrve 10 aCCL'S.S, SCPeL'n/rtes Srte deVelopmG'17t~ hlrll(hrig dCti(~irh
operation of flee rrse and other similar aspects related to the propose[! rrse.
Based on the above findings and conclusions, approval of the CGN shall be sub,jcct
to the following conditions:
1. Constructiim waste and debris shall be removed weekly and upon completion of
construction project. A bear sale garbage plan shall be approved during the
Building Permit process.
?. The applicant shall continue to work with staff through the building permit
process to address and accomplish any reyuired upgrades to the water, sewer
and/or electric utilities.
>. Prior to the issuat:ce of a building permit fur the live (~) unit renwdcl. the
Scw°ard Planning and Lc,nin!_! Commission
Resolution No. ?U09-U-4
Pa~~e ~ old
applicant shall submit a dimensioned site plan which identities the on-site parking
spaces liar the additional live (~j units. and the ~~chicle ingress and egress route.
4. I~he Planning and %onin~ Commission may modify this conditional use permit if
changed uses no longer cunliirm to the standards and legal requirements justifying
its present approval or if~ the permitter applies for a modification to meet a
deterrent development plan that conibrms to the standards and legal requirements
lin~ appruvol of a conditional use permit.
~. Any proposed nxxiification plan shall he subject to the public notice and public
hearing requirements of law, which shall occur only alter payment of the tiling
lee established by resolution oi~the city council.
Section 2. The Planning and Ionin~~ Commission lends the proposed use, subject to the
above conditions satisfies the criteria liar granting a conditional use permit provided the
conditions listed in Section 1. Subsection 6 arc met by the applicant, and authorizes Chc
administration to issue a conditional use permit to Blue Rose Enterprises to add five (~)
apartment units and to operate the multi-lamely apartment structwr with a total ol~ 14-emits
within the Buick Apartment Building at the corner of Third and Washington.
Section 3. the Planning and %uning Commission finds That adherence to the amditiims of
this permit is paramount i^ maintaining the intent of Seward City Code Section ]5.10.320;
Conditional Use Permits. and authorizes the administration to issue a conditional use permit.
Additionally. the administration shall periodicalh~ conlirm the use conR~rms to the standards of
its approval. --
Section 4. This resolution shall take eflrct 10 davs f~~llo~~~ing its adoption.
PASSI':U AND API'ROVI?U by the Seward Plam~ing and 7.oning Commission this 1 Tr' day of
Tcbruarv ?009.
THE, CITY' Oh' 51~:~1'ARD
~~~-~~,
Sandie Roach'. Chair
AYES:
IDOLS:
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.Ic~t~ Lewis. Cv1C<1
Cite Clerk
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