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HomeMy WebLinkAboutRes2022-005 Sponsored by: Applicant I CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2022-005 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO KAYAK ADVENTURES WORLDWIDE TO CONSTRUCT AN APARTMENT WITH TWO OR MORE UNITS WITHIN A COMMERCIAL BUILDING, ON LOTS 34 & 35 & SOUTH 10 FEET OF LOT 36, BLOCK 15, ORIGINAL TOWNSITE OF SEWARD; LOCATED AT 328 THIRD AVE; WITHIN A CENTRAL BUSINESS (CB) ZONING DISTRICT WHEREAS, Kayak Adventures Worldwide (KAW) has applied for a Conditional Use Permit(CUP) from the Seward Planning and Zoning Commission to construct an apartment with two or more units within a commercial building at 328 Third Avenue, Lots 34 & 35 & South 10 feet of Lot 36, Block 15, Original Townsite of Seward; and WHEREAS,the property is in a Central Business (CB)Zoning District; and WHEREAS,there is a substantial need for long-term housing in Seward; and WHEREAS, the proposed building will provide additional space for KAW to more fully meet the needs of their guests,employees,and business operations; and WHEREAS, the applicant has complied with all of the public hearing requirements of Seward City Code §15.01.040; NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. According to SCC 15.10.320.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: The primary use of the building is commercial, supporting and adding to the Kayak Adventures Worldwide business already established at 328 Third Ave. Although residential uses are not the primary focus of a Central Business Zoning District, `Dwelling, apartment in a commercial building (two or more units)', is allowed in a Central Business District with an approved Conditional Use Permit. Seward Planning and Zoning Commission Resolution No. 2022-005 Page 2 of 4 B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. The proposed building will improve the aesthetic and organization of the property, and consequently improve the adjacent property values. Adjoining and surrounding businesses may also benefit from improved infrastructure and growth at KAW, as their guests frequently patronize the coffeehouse and other nearby businesses. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The proposal is in harmony with the Seward 2030 Comprehensive Plan(2017)and Strategic Plan(1999) Seward Comprehensive Plan (approved by Council,May 30, 2017) Vol 1 Ch 3.1 - Economic Development • 3.1.1.2 "Update and expand infrastructure for commercial and industrial properties that are currently undeveloped" • 3.1.1.4"Support private sector business,employment,and programs." Vol 1 Ch 3.2- Land Use • 3.2.1.2 "Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations." Vol 1 Ch 3.3 - Housing • 3.3.1 "Encourage development of new housing in Seward." • 3.3.1.1 "Support range of housing choices that meet the needs of people in various income and age groups." Strategic Plan (1999) Encourage construction of residential and seasonal housing at all market levels (Page 9). Expand availability of affordable,diverse, year-round housing(Page 18). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. City water, sewer, and electrical service are available to the proposed location. Access to the site already exists from 3r1 Ave and the alley between 3`d and 4th Avenues. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. The building will be constructed following requirements per International Fire and Building Code. Construction is planned for September 2022 through April 2023 to create minimal disruption to nearby businesses during peak summer season. Seward Planning and Zoning Commission Resolution No. 2022-005 Page 3 of 4 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 will acquire stamped architectural and structural plans prior to construction. 2. The applicant shall work with City staff through the building permit process to address and accomplish any required upgrades or modifications. a. Prior to operation, the building will be constructed following requirements per International Fire Code(IFC)and International Building Code (IBC) 3. The applicant shall work with City Public Works and Electric Departments for any possible upgrades or connections to the water, sewer and/or electric utilities. 4. All parking and maneuverability requirements as determined by the Planning and Zoning Commission shall remain on site for the life of the use. 5. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use. 6. 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. 7. 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 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, Subsections A through F are met by the applicant, and authorizes the administration to issue a conditional use permit to Kayak Adventures Worldwide to construct an apartment with two or more units within a commercial building at 328 Third Ave, Original Townsite of Seward, Lots 34& 35 & South 10 feet of Lot 36, Block 15. Seward Planning and Zoning Commission Resolution No. 2022-005 Page 4 of 4 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 5th day of April 2022 THE TY OF SEWA/RD,ALASKA tAti"))1 ( } Clare Sullivan, Pre'idling Officer AYES: Charbonneau, Monaco, Hornseth, Staggs, Verhey, Sullivan NOES: ABSENT: ABSTAIN: ATTEST: 4.ei I Brenda Ball u, MMC City Clerk (City Seal�.•••8F'S,,,,,�, G\ eRPO •o, •Q . d —+— 0 s • : SEAL • 1 .