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Home My WebLink AboutRes2015-018 CITY OF SEWARD,ALASKA Sponsored by: Applicant PLANNING AND ZONING COMMISSION RESOLUTION 2015-18 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA GRANTING A CONDITIONAL USE PERMIT TO NICOLE AND COLBY LAWRENCE TO CONSTRUCT AND OPERATE A THREE (3) UNIT MULTI-FAMILY WITH ONE (1) OFFICE SPACE DEVELOPMENT ON LOT 1A, BLOCK 24, ORIGINAL TOWNSITE OF SEWARD, LOCATED AT 437 FOURTH AVENUE WITHIN THE OFFICE RESIDENTIAL ZONING DISTRICT WHEREAS, Nicole and Colby Lawrence have requested a Conditional Use Permit (CUP) to-construct and operate a three (3) unit multi-family development on Lot 1A, Block 24, Original Townsite of Seward,within the Office Residential Zoning District(OR); and WHEREAS, in accordance with the Land Uses Allowed Table §15.10.225, Dwelling, multi-family (three or more units) is allowed within the Office Residential Zoning District (OR) by CUP; and WHEREAS, the development will consist of one (1) structure with three dwelling units and a professional office; and WHEREAS, the developer has completed an interior lot line vacation to create a 9,000 square foot parcel that meets the minimum lot size requirement for the proposed project; and WHEREAS, the developer shall comply with development requirements, including lot coverage,required setbacks,building height,required parking and building permit; 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 September 1, 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 three (3) unit multi-family development on Lot Al, Block 24, Original Townsite, located at 437 Fourth Avenue and declared the following Findings of Fact: Seward Planning and Zoning Commission Resolution 2015-18 Page 2 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 Office Residential Zoning District. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. The nearby properties include a mix of single family homes, apartment buildings and a vocational school campus. There is no indication the proposed multi-unit structure 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. Findings: This condition has been met. Access to the parcel is provided by the public rights-of-way (ROW) of Fourth Avenue, •1 , Madison Street, and,an alley. 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- Seward Planning and Zoning Commission Resolution 2015-18 Page 3 proof containers suitable for refuse collection (SCC 14.05). Construction waste and debris must be removed weekly and upon completion of construction. 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 multi-unit 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 two (2) spaces per unit, as required by code. 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 findings 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. 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 cno longer conform to the standards for its approval. Seward Planning and Zoning Commission Resolution 2015-18 Page 4 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 finds 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 (3) three unit multi- family development on Lot 1A, Block 24, Original Townsite within the Office Residential Zoning District,as generally depicted on the site plan included with this Resolution. Section 3. The Planning and Zoning Commission fmds 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 1st day of September, 2015. THE CITY OF SEWARD Ar/ / CindylE, und, Chair AYES: Swann,Fleming, Coulter,Anderson,Ecklund' NOES: None ABSENT: Seese • ABSTAIN: None VACANT: One ATTEST: sso222 Beg®g B y / g°�� OF 4 '70,,, 'harm ey, CMC, �� s- 1., °00 Seal) ity Clerk °°° �: � (City m ° -i • eA • e r` 4:te?: '. a g 7 4 � �"`ate coeae°gip°u