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Home My WebLink AboutRES2023-016 CUP 1804 Lierer Road Sponsored by: Applicant CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2023-016 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO TOM TOUGAS, TO CONSTRUCT A BUNKHOUSE AT 1804 LEIRER ROAD, LEIRER INDUSTRIAL SUBDIVISION, TRACT B; WITHIN AN INDUSTRIAL(I) ZONING DISTRICT WHEREAS, Tom Tougas has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to construct a bunkhouse at 1804 Leirer Road; and WHEREAS, the property is owned by Leirer Enterprises LLC and Tom Tougas is the lessee of the property;and WHEREAS,the property is in an Industrial (I)zoning district; and WHEREAS, a bunkhouse is allowed in the Industrial zoning district with an approved CUP; and WHEREAS, the bunkhouse is intended to house employees for Major Marine Tours, Harbor 360 Hotel,and/or Seward Gateway Hotel, all of which are located less than one mile from the proposed bunkhouse location; 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: According to the Land Use Allowed Table, §15.10.226, a "Bunkhouse" is allowed within an Industrial (I) zoning district with an approved Conditional Use Permit. B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. Currently the property is used for boat storage and a warehouse. The proposed construction on this parcel will add value to the adjoining properties by improving the aesthetics as well as providing higher quality seasonal housing. CITY OF SEWARD,ALASKA RESOLUTION 2023-016 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 3.2.1.2—Expand the opportunity for affordable, diverse,year-round housing through appropriate land use regulations. • "Support apartments and other high density residential development, including seasonal working housing." Vol 1 Ch 3.3.1.1 —Support a range of housing choices that meet the needs of people in various income and age groups. • "Encourage the development of seasonal employee housing." Strategic Plan (1999) "Encourage construction of residential and seasonal housing at all market levels"(Page 9). D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. Sewer, electricity, and roads are already available to the property. The applicant will connect city water to the property. The property is accessed by Leirer Road, and provides adequate access for fire, police and solid waste disposal services. E. The proposed use will not be harmful to thepublic safety, health or welfare. P P .� Finding: This condition has been met. The buildingwill be constructed following International Fire Code and International Building Code. Also,on-site parking will be provided 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. CITY OF SEWARD,ALASKA RESOLUTION 2023-016 Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 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) b. Structural and Architectural stamped engineered drawings must be approved by the Building Official 2. The applicant shall work with the Public Works department to adequately connect city water to the site. 3. For any other possible upgrades to the water, sewer and/or electric utilities prior to a certificate of occupancy being issued, the applicant will work with the appropriate city departments. 4. A minimum of 1 parking space per 4 residents at maximum capacity will be provided for on site.Given the current plans,8 parking spaces are required in addition to one(1)parking space that is compliant with the Americans Disabilities Act(ADA),for a total of 9 parking spaces. 5. All parking and maneuverability shall remain on site for the life of the use. 6. 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. Landscaping must be completed one year from when an occupancy certificate has been issued for the structure. 7. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use. A structure with three walls and a roof will be required to be built to house the garbage containers. 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. CITY OF SEWARD,ALASKA RESOLUTION 2023-016 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 before a certificate of occupancy is granted, and authorizes administration to issue a conditional use permit to Tom Tougas to construct a bunkhouse at 1804 Leirer Road, Leirer Industrial Subdivision,Tract B. 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. A Conditional Use Permit may be transferred to a new owner per §15.10.320(G), in which case the new owner will be required to maintain conformance to the conditions of the permit. Section 4. Administration shall periodically confirm the approved conditional use conforms to the standards of its approval.Nonconformance to these above stated conditions shall be grounds for revoking the Conditional Use Permit. Section 5. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of September,2023. THE CITY OF SEWARD,ALASKA &C— C . re Sullivan, C air AYES: Ulman, Charbonneau,Verhey, Sullivan NOES: Hornseth ABSENT: None ABSTAIN: None VACANT: Two ATTEST: Kris Peck City Clerk of S E iv (City Seal) z•s -L i• a ;•v O C -'' • . •• - • • JVW • EP '� •'• 0NE1. ;,•'Gj %� '#* rE of PAP,',,