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Home My WebLink AboutRes2022-011 Sponsored by: Applicant Public Hearing: May 3, 2022 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2022-011 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO UNCLE FRAVIS LLC TO OPERATE THE ACTIVITIES OF A SOCIAL CLUB, ON LOTS 10-13, BLOCK 23, ORIGINAL TOWNSITE OF SEWARD; LOCATED AT 417 FIFTH AVE; WITHIN AN OFFICE RESIDENTIAL (OR) ZONING DISTRICT WHEREAS,Uncle Fravis LLC has applied for a Conditional Use Permit(CUP) from the Seward Planning and Zoning Commission to operate the activities of a Social Club at 417 Fifth Avenue, Lots 10-13, Block 23, Original Townsite of Seward; and WHEREAS,the property is in an Office Residential (OR)Zoning District; and WHEREAS,on May 2,2017 the Planning and Zoning Commission granted a Conditional Use Permit to allow an arts and education center school at 417 Fifth Avenue through Resolution 2017-07;and WHEREAS,the current use of the building,which is primarily renting space to non-profits to host social events,does not fit the previous Conditional Use Permit; and WHEREAS, the proposed use of the building will benefit various organizations throughout the community; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.226. a social club is allowed in the Office Residential Zoning District as a conditionally permitted use; 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 111 the purposes of the zoning district. Finding: The Land Use Table in City Code §15.10.226 allows Clubs of various types to operate in an OR Zoning District with an approved Conditional Use Permit.The OR Seward Planning and Zoning Commission Resolution No. 2022-011 Page 2 of 4 111 Zoning District is intended to accommodate various uses ranging from residential, to commercial, to office space. The proposed use for this building is to serve as a community space for public and private gatherings of less than 100 people. B. The value of adjoining property will not be significantly impaired Finding: This condition has been met. Improvements,both in and outside of the space to meet the needs of organizations who desire to use the building, will continue to improve the property values and add additional space and services for neighbors and visitors in the area. 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 2.2—Community Values • 2.2.7 Community Partnerships - "Approve resolutions of support for endeavors and projects of various organizations and individuals which benefit the community." Vol 1 Ch 3.1 —Economic Development • 3.1.1.4"Support private sector business,employment, and programs." Vol 1 Ch 3.7—Public Facilities and Services • 3.7.1.2 "Support, strengthen and develop diverse educational and research programs at various public and non-profit institutions." Strategic Plan (1999) "Enhance the `Sense of Community' among residents of the greater Seward Area" (Page 13). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. The property is served by existing public utilities. Adequate fire, police, and trash services are available. A Parking Agreement will be made to ensure adequate parking is available to the site. E. The proposed use will not be harmful to the public safety, health or welfare. Finding:The applicant and other organizations that use this building will have to abide by City Code §9.20 `Pubic Nuisances' and §9.25 `Noise Control'. Also, proper licensing and permitting will be required for any use of alcohol, as required by City Code §8.05 `Alcoholic Beverages'. F. Any and all specific conditions deemed necessary by the commission to fulfill the111 above-mentioned conditions shall be meet by the applicant. These may include but Seward Planning and Zoning Commission Resolution No. 2022-011 Page 3 of 4 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. Occupancy shall meet all locally adopted fire and Life Safety Codes prior to use. 2. Any changes to the building shall be approved by the Fire and Building Department utilizing a building permit as needed. 3. An architectural code review shall be required when the intended improvements are planned and/or any use greater than 100 persons is requested. 4. 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. 5. A parking agreement will be made to secure the required 25 parking spaces. 6. All parking and maneuverability requirements as determined by the Planning and Zoning Commission shall remain on site for the life of the use. 7. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use. 8. 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. 9. 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 Uncle Fravis LLC to operate the activities of a Social Club at 417 Fifth Ave, Original Townsite of Seward, Lots 10-13,Block 23. 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. Seward Planning and Zoning Commission Resolution No. 2022-011 Page 4 of 4 Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of May, 2022. THE Y OF SEWARD, ALASKA ee_J?.l C r Sullivan, Ch it AYES: Charbonneau, Monaco, Staggs, Verhey, Sullivan NOES: None ABSENT: Hornseth ABSTAIN: None VACANT: One ATTEST: renda Ballou, MC City Clerk (Cl�' siosif!sasses f.OF SF e% r f SO r • r r /' ��'• OFALASI%: