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HomeMy WebLinkAboutRes2009-006Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION 121?SOLUTION 2(109-06 A RESOLUTION OF THE SEWARD PLANNING AND 7.ON1NG COMMISSION, GRANTING A CONDITIONAI. USE PF.RMI'1' TO DENNIS AND MARY BAILEY' dba DScM PKOPER"I'IF.S, TO OPERATI? NIGHTLY LODGING WITHIN TWO MULTI-FAMILY DWELLING APARTMENT STRUCTURES ON LOTS 23-3a. BLOCK 8, LAUI3NF,R ADDITION LOCATF.U AT 1104 FOURTH AVENUE WITHIN THE HARBOR COMMERCIALLONING DISTRICT WHEREAS, Dcunis and Mary Bailey, dba D&M Properties, have applied for a Conditialal Use Permit (CUP) to operate nightly lodging within the Harbor Lights multi-family apartment buildings; and WHEREAS, the property is located at i 104 Fourth Ave with a legal description of Lots 23-34, Block 8, Laubner Addition, within the Harbor Commercial Zoning District (HC); and WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), Lodging, multi-family dwelling apartment is allowed within the Harbor Commercial Zoning District by Conditional Use Permit (CUP); and WHEREAS, having complied with the public notification process; on April 7, 2009, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. NOW, THEREFORE, BE 1T RESOI_,VED by the Seward Planning and Zoning Commission that: Section 1. In accordance with SCC ~ 15.10.320 (D), the Planning and 7,oning Commission has reviewed the applicant's request for a CUP to operate nightly lodging within amulti-family apartment buildings on Lots 23-34, Block 8, Laubner Addition, and made the following Findings of Pact: 1. The use is consistent with the purpose of this chapter (tlze Seward Zoning Code) and lire purposes of~the zoning district. Finding: This condition has been established. The property is located within the Harbor Commmercial Zoning District (HC). Nightly lodging within amulti-family structure is allowed in the Harbor Commercial Zoning District by Conditional Use Permit. ~l'he Harbor Commercial Zoning District provides an area for water-dependent or water-related uses with particular emphasis on transportation, tourist, recreational, commercial or industrial enterprises which derive major economic or social benetit from a harbor location. Operating nightly lodging is consistent with the other uses in the Harbor Commercial Zoning District. Seward Planning and Zoning Commission Resolution No. 2009-06 Pagc2of3 2. The value of adjoining property will mrt be signijrcantly impaired Finding: This condition has been established or shall be through the conditions. 'The neighboring Properties are virtually vacant land which is generally used as parking or summer camping areas for swnmer visitor actives. The parcel adjoining to the North is the City owned public boat launch.. within Harbor Conunercial '/.Doing. The parcels to the East arc vacant land used as summer water front camping for motor homes with portions zoned Harbur Commercial and portions zoned Ptak. ~I'o the Wcst is the summer camping/parking lot belonging to Seward Wildlife Curses. [nc. which is zoned Auto Commercial. The area to the South is the City owned lish ditch, parking lot and baseball Held which arc all zoned Park. There is no indication the requested nightly lodging within the multi-family structure will negatively impact the value of any of adjoining properties. 3. The proposer! use is in harmony with the Seward Compre{tensive Plun. Finding: This Condition has been met. The proposal is in harmony with the Seward 2020 Comprehensive Plan and Strategic Plan (1999) in that both plans encourage growth of year-round business. The Small Boat Harbor Management Plan (1993] recommends the commercial uses allowed in the Small Boat Harbor to he targeted to those that strengthen and enhance the Small Boat Harbor as a center for marine/tourist conveniences. 4. Public Services and facilities are adequate to serve tJte proposed use. Finding: This condition has been established. ~" All water, sewer, and power are available and in current use to the property. Suitable refuse collection is currently in place. "There is no indication or expectation of change to the use of public services. S. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been established There is uo evidence nightly lodging within the multi-family structure will cause any additional concerns to public safety, health or welfare. Adequate fire, police and solid waste disposal services are available to the property. The current parking plan for the existing structure more than meets the Seward parking code. 'The applicant has noted that the property provides extra parking for recreational vehicles to the tenants and guest of the facility. The applicant is required to obtain a Seward business license and lodging permit, which requires an annual life safety inspection of the units. There is no indication the nightly lodging will be harmful to public safety, health or welfare. 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant. These may uzclude but are not limited to measures relative to access, screening, site development, brrilding design, operation of the use and other similar aspects related to the proposed use. Based on the about tindings and conclusions, approval of the CUP shall be subject to the following conditions: Seward Planning and Zoning Commission Resolution No. 2009-06 Page 3 of 3 1. The use of the l larbor Lights Apartments for nightly lodging is subject to ,Seward City Coded 15.10.225(b)(7) Mt.dti-family dwellings used fr~r lodging purposes are not required to fie the business or property owner's residence. The use shall be limited to not more than five apartment units (per building). 2. The [nightly lodging within the] Harbor bights Apartments shall be limited to one apartment unit (per building). 3. The Planning and Zoning Commission may modify this conditional use permit if changed uses no longer conform to the standards and legal requirementsjustifying its present approval, or if the permittee 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. 4. Any proposed modification plan shall he subject to the puhlic notice and public hearing requirements of law, which shall occur only after payment of the tiling fee established by resolution of the city council. Section 2. The Planning and Zoning Commission finds the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed in Section 1, Subsection 6 are met by the applicant, and authorizes the administration to issue a conditional use permit to D&M Properties to operate nightly lodging within the l larbor Lights multi-family apartment buildings. Section 3. The Planning and 7.oning 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 ] 0 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7~' day of April 2009. AYES: Ecklund, Heinrich, McClure, Morgan, Stauffer NOES: Roach' ABSENT: None ABSTAIN: None VACANT: One ATTEST: s, ~~ --~-~ i '~ : i ~ a z z~'- .lean Lewis, CMC City Clerk (City Seal) THE CITY OF SGWARD Sandie Roach', Chair ~Ts~,;,. ~., x ~~. c' ~~ .~ o ~. ,~ ~ ,~~-~,