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HomeMy WebLinkAboutRes2015-009 Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2015-09 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO RANDY AND JENNIFER WELLS TO CONSTRUCT AND OPERATE FOUR (4) APARTMENT UNITS ON LOT 28B, BLOCK 12, ORIGINAL TOWNSITE OF SEWARD, LOCATED AT 210 BROWNELL STREET WITHIN THE URBAN RESIDENTIAL ZONING DISTRICT WHEREAS, Randy and Jennifer Wells have requested a Conditional Use Permit (CUP) to construct and operate a 4 unit multi-family development, on Lot 28B, Block 12, Original Townsite of Seward;within the Urban Residential Zoning District(UR); and WHEREAS, in accordance with the Land Uses Allowed Table §15.10.225, Dwelling, multi-family (three or more units) is allowed within the Urban Residential Zoning District (UR) by CUP; and WHEREAS,the development will consist of two (2) structures with two units each; and WHEREAS, the developer has complied with development requirements, including lot coverage,required setbacks,building height and required parking; and WHEREAS, the developer has completed an interior lot line vacation to create a 12,600 square foot parcel, demolished a substandard house and committed substantial time and energy to improve the site; and WHEREAS, the site is in a location of mixed housing, including single family homes and apartment buildings; and WHEREAS, having complied with the public notification process; on May 5, 2015, 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 and operate a four (4) unit multi-family Seward Planning and Zoning Commission Resolution 2015-09 Page 2 development on Lot 28B, Block 12, Original Townsite, located at 210 Brownell Street and declared the following Findings of Fact: A. 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 met. The project site plan meets all setback and structure height requirements. The proposed multi-unit development is consistent with the purpose of the Zoning Code and the Urban Residential Zoning District. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The adjoining properties to the north, south and east include a mix of single family homes and apartment buildings. The applicant plans to provide screening and privacy for landowners to the south and north. The parcel to the west is the City owned cliff of Bear Mountain. There is no indication the proposed structures or use will negatively impair the value of adjoining properties. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. Seward 2020 Comprehensive Plan(approved by Council,2005) The Comprehensive Plan promotes commercial development within the City of Seward in accordance with community values. Section 3.3.1.1 supports a range of housing choices that meet the needs of people in various income and age groups. Section 2.2, Community Values, Community Appearance encourages landscaping "Continue to require landscaping plans for conditional use permits as feasible(page 11) Strategic Plan (1999) The Strategic Plan encourages the expansion and availability of affordable, diverse, year- round housing. (page 18) The Strategic Plan also promotes residential and commercial development inside the City Limits (page 9). • Encourage construction of residential and seasonal housing at all market levels. The Strategic Plan also recommends encouraging citizens as well as the City, to take an active role in beautifying the community. (page 15) • Planting trees, shrubs and wildflowers • Develop landscaping recommendations D. Public Services and facilities are adequate to serve the proposed use. Seward Planning and Zoning Commission Resolution 2015-09 Page 3 Findings: This condition has been met. Access to the parcel is provided by the public right-of-way (ROW) of Brownell Street. Water, sewer, and power are available to the property as well as adequate fire, police and solid waste disposal services. City code requires that every business within the City must provide watertight, wind; weather, and bird / animal-proof containers suitable for refuse collection (SCC 14.05). Construction waste and debris must be removed weekly and upon completion of construction. The Electric Department has requested the applicant start a job order to provide a review of planned power needs and work with the department. E. The proposed use will not be harmful to the public safety, health or welfare. Findings: This condition has been met. There is no evidence the 4-plex 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 process. Adequate fire, police and solid waste disposal services are available to the property. Landscaping vegetation for undeveloped and non-parking lot areas are intended by the developer. A parking plan has been provided at a rate of one(2)space per unit. F. Any and all specific 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 fmdings and conclusions, approval of the CUP shall be subject to the following conditions: 1. The applicant shall obtain a current Building Permit before construction begins on the site. 2. The applicant shall start a Job Order and work with the City Electric Department to provide the required electric power needs. 3. Exterior lighting shall be approved during the Building Permit process in accordance with SCC§15.10.215(h.)(1.) 4. Construction waste and debris shall be removed weekly and upon completion of construction. Seward Planning and Zoning Commission Resolution 2015-09 Page 4 5. Animal / Bird resistant dumpsters / containers shall be provided for all garbage and refuse for the life of the use. 6. The applicant shall make every effort to provide landscaping to all areas not utilized by the structures, parking areas and drive surfaces. Landscaping shall facilitate the control of dust and the visual impact on neighboring properties. 7. Per Seward City Code §15.10.325.F. an approved CUP shall lapse six months from the date of approval if the use for which the permit was issued has not been implemented or a building permit obtained. The Commission may grant a six month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 8. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval. B. To implement a different development plan conforming to the standards for its approval. C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 2. The Planning and Zoning Commission fords 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 F. are met by the applicant, and authorizes the administration to issue a Conditional Use Permit to construct and operate a four (4) unit multi- family development on Lot 28B, Block 12, Original Townsite within the Urban Residential Zoning District, as generally depicted on site plan dated 2/6/2015 and included with this Resolution. 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. Seward Planning and Zoning Commission Resolution 2015-09 Page 5 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of May 2015. THE CITY OF SEWARD op Cindy" und, Chair AYES: Swann, Fleming, Coulter, Seese,Anderson,Ecklund NOES: None ABSENT: None ABSTAIN: None VACANT: One ATTEST: Jo . ey, MC, Ci Clerk (Ci � ,♦O♦ •Gam ,. : ; . IA•• YI ;� +� • • fi• _ v • tee. ® r +0* '•,,OCI iI:JE' °iM•