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Home My WebLink AboutRes2022-020 Condition Use Permit to Zimmerman Investments LLC Sponsored by: Applicant Public Hearing: October 11, 2022 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2022-020 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO ZIMMERMAN INVESTMENTS LLC TO CONSTRUCT A TRI-PLEX,ON LOT 42,BLOCK 2,GATEWAY SUBDIVISION ADDITION NO. 1; LOCATED AT 2007 DUNHAM DRIVE; WITHIN A MULTI- FAMILY (R3) ZONING DISTRICT WHEREAS, Zimmerman Investments LLC has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to construct a 3-Plex at 2007 Dunham Drive, Lot 42, Block 2, Gateway Subdivision, Addition No. 1; and WHEREAS, the property is in a Multi-Family (R3) Zoning District, intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment and/or recreation; and WHEREAS,there is a need in Seward for more year-round, affordable housing; 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 definition for the Multi-Family Zoning District states that it is"intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment and/or recreation. This may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi-family residences from undesirable effects." According to the Land Use Allowed Table, §15.10.226,multi-family dwellings of 3 or more units are allowed within a Multi-Family District with a Conditional Use Permit. B. The value of adjoining properly will not be significantly impaired. Seward Planning and Zoning Commission Resolution No. 2022-020 Page 2 of 4 Finding: This condition has been met. The proposed use is congruent to the surrounding land uses and the applicant has brought utilities to this lot, which adds value to the adjacent vacant lots that now have easier access to utilities. 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 2.2.11 - Economic Base • "Encourage the development of infrastructure expansion plans for currently undeveloped residential and commercial property" Vol 1 Ch 3.2 - Land Use • "Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values." Vol 1 Ch 3.3 - Housing • "Encourage development of new housing in Seward." Strategic Plan (1999) The Strategic Plan encourages construction of residential 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. Adequate water, sewer, and power have been brought to the property. The property is accessed by Dunham Drive, and provides adequate access for fire, police and solid waste disposal services. 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 International Fire Code and International Building Code. Also, on-site parking will be provided for the dwelling units and meet Seward City Code requirements. 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: Seward Planning and Zoning Commission Resolution No. 2022-020 Page 3 of 4 1. 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) 2. The applicant shall work with all City Utility Departments for any possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued. 3. A minimum of 6 parking spaces will be provided on-site. 4. All parking and maneuverability shall remain on site for the life of the use. 5. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. 6. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use. 7. A three-walled structure with roof must be provided on site in which the bear proof resistant containers must be placed. 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 Zimmerman Investments LLC to construct a Tri-Plex at 2007 Dunham Drive, Gateway Subdivision Addition No. 1, Lot 42, Block 2. 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 No. 2022-020 Page 4 of 4 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 11th day of October,2022 THE CITY OF SEWARD, ALASKA Cla a Sullivan, Ch it AYES: Ulman, Hornseth, Charbonneau,Verhey, Staggs, Sullivan NOES: None ABSENT: Monaco ABSTAIN: None VACANT: None ATTEST: Brenda Ball u MC City Clerk ,,os11m 4 .,.•,� OF S.�'s, (City Seal) '��•`G� �po� ,,p'; .ez O ' • ctI SEAL • = sOF P&Po• �RIi111/l•