Loading...
HomeMy WebLinkAboutRes2024-004 CUP Mount Alice Estates - Substitute Sponsored by: Applicant Public Hearing: January 9, 2024 Postponed: January 9, 2024 Substitute: February 6, 2024 Amended &Approved: February 6, 2024 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-004 Substitute A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO RESURRECTION BAY INVESTMENTS LLC TO IMPLEMENT A PLANNED UNIT DEVELOPMENT, INCLUDING THE DEVELOPMENT OF STREETS, UTILITIES, DWELLINGS, AND RESIDENTIAL DOCKS, ON LOTS 1-11 AND TRACTS B-D, MOUNT ALICE ESTATES PLANNED UNIT DEVELOPMENT, PHASE 1; WITHIN A MULTI-FAMILY RESIDENTIAL(R3)ZONING DISTRICT WHEREAS,Ken and Jonathon Lang have submitted a conditional use permit application on behalf of Resurrection Bay Investments LLC for the construction of a planned unit development on lots 1-11 and tracts B-D located within the Mount Alice Estates Planned Unit Development, Phase 1 preliminary plat; and WHEREAS,a planned unit development is"a land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise by individually permitted"; and WHEREAS,a planned unit development is allowed in a multi-family (R3)zoning district with an approved conditional use permit; and WHEREAS, access to city water and sewer are not within reasonable distance to this subdivision; and WHEREAS,a conditional use permit for a planned unit development has been required in order to allow the developer to install private wells and septic on each lot; and WHEREAS, the road within the planned unit development will be gated and privately maintained; and WHEREAS,all utility and infrastructure development with the planned unit development will abide by the requirements detailed in the subdivision agreement;and CITY OF SEWARD,ALASKA RESOLUTION 2024-004 WHEREAS,the developer has requested permission to construct private,residential docks in the tidelands to the west of the planned unit development; and WHEREAS,private,residential docks are not currently listed within the land uses allowed table within code and would thus require a conditional use permit;and WHEREAS, a planned unit development may include "other site features and improvements some of which may not otherwise be individually permitted." WHEREAS, this CUP would allow the construction of private, residential docks in accordance with the requirements outlined in this CUP as well as any other requirements by local, state or national authorities; and WHEREAS, city staff have met multiple times to discuss this project, and have provided input on what should be required in order to ensure that the development meets city code; and WHEREAS, the applicant has complied with all 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 planned unit development is allowed within a multi-family (R3) 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. The proposed use is congruent to the surrounding land uses. Currently the land is vacant and offers very little value to the adjoining properties except in its potential to be developed. The proposed construction on this parcel will add value to the adjoining properties by providing additional residences to the City of Seward, and encouraging the further development of the land to the north and south. 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) CITY OF SEWARD,ALASKA RESOLUTION 2024-004 Seward Comprehensive Plan (approved by Council,May 30, 2017) Vol 1, Chapter 3.2.1 —Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values. Vol 1, Chapter 3.2.1.2—Expand the opportunity for affordable,diverse,year-round housing through appropriate land use regulations Vol 1, Chapter 3.3.1 —Encourage development of new housing in Seward Vol 1, Chapter 3.3.1.1 —Support a range of housing choices that meet the needs of people in various income and age groups Strategic Plan (1999) "Develop infrastructure expansion plans for currently undeveloped residential and commercial property" (Page 5 & 10). "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.All public services and facilities will be installed according to requirements established in a subdivision agreement that will be signed by the developer. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. All construction will require a building permit and will abide by International Fire Code and International Building Code. Access to the private, gated community will be granted to the Police and Fire Chief in order to provide emergency services in a timely manner.All buildings will be required to install a fire suppression system to allow adequate time for occupants to evacuate a building in the case of a fire due to distance from the fire station and lack of fire hydrants within the community. 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 2024-004 Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. Individual property owners will be required to obtain a building permit for the construction of all structures within the planned unit development, which may require structurally engineered plans, as required by the Building Official. 2. A geotechnical soils test shall be required for each parcel within the planned unit development,and submitted to the City prior to the approval of a subdivision agreement. 3. All buildings shall install a fire suppression system adequate for the use of the building (i.e. a residential building would require a residential grade fire suppression system). 4. The civil engineer shall submit the results of the underground water testing for well feasibility to the City prior to the approval of a subdivision agreement. 5. The installation of all utilities, including wells and septic must comply with the requirements outlined in the subdivision agreement. 6. The individual property owners within the planned unit development will be responsible for the maintenance and upkeep of the private road from the Nash Road right-of-way. 7. Access keys or codes to the gated,private road shall be given to the Fire Chief and Police Chief. 8. All roads shall meet Borough standards for width,turnarounds, and access for emergency vehicles. 9. Construction of private, residential docks will require: a. The portion of the tidelands being used for the docks must be platted into a separate parcel. b. A lease agreement between the city and the property owners must be approved by the Harbor Master and City Council. c. A building permit must be obtained, and engineered plans for the docks must be submitted to the Building Official. d. A floodplain permit must be obtained. e. All other requirements by local, state,or national authorities must be met. f. Any structures built in the tidelands shall not obstruct public access, as allowed by State law,along the tidelands. 10. The gate to the private community shall be set back from Nash Road at a distance which shall be determined by the Fire Chief and Public Works Director. 11. All street lighting must provide direct downward illumination. 12. 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, a building permit obtained, or other definitive steps taken to begin implementation of the planned unit development.The Commission may grant a six-month extension upon finding that circumstances have not changed sufficiently since the date of initial permit approval. 13. 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. CITY OF SEWARD,ALASKA RESOLUTION 2024-004 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 Resurrection Bay Investments LLC to implement a Planned Unit Development on Lots 1-11 and Tracts B-D, Mount Alice Estates Planned Unit Development, Phase 1;within a multi-family residential zoning district. 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. Nonconformance to these above stated conditions shall be grounds for revoking the Conditional Use Permit. Section 4.This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6`h day of February, 2024. THE CITY OF SEWARD,ALASKA Clare Sullivan, hair AYES: Ulman, Hornseth, Charbonneau,Verhey, Sullivan NOES: None ABSENT: None ABSTAIN: None VACANT: Two �s%l F SE,IN ATTEST: V=a2�� o�4�� �C • ..- �� " • • SEALgam = 110 Kris Peck %, ,pry� g P • City Clerk •, -q N • •a•••• 5 .•' '��, OF A�-P•`'