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HomeMy WebLinkAboutRes2024-014 CUP to CATCSponsored by: Applicant Public Hearing: July 2, 2024 I CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2024-014 A RESOLUTION OL THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO CATC ALASKA TOURISM CORPORATION TO CONSTRUCT A SECOND BUNKHOUSE ON LOT 22A, CLEARVIEW 2018 REPLAT; LOCATED AT 208 PHOENIX ROAD; WITHIN AN AUTO COMMERCIAL (AC) ZONING DISTRICT WHEREAS, Seward city code §15.10.320 reeognizes that there are some uses whieh may be compatible with designated principal uses in specific zoning districts provided certain conditions are met; and WHEREAS, Larry Harmon submitted a conditional use permit application on behalf of CATC Alaska Tourism Corporation to construct a second 16-unit employee bunkhouse at 208 Phoenix Road; and WHEREAS, the property is located within an auto commercial zoning district; and WHEREAS, a bunkhouse is allowed in the auto commercial zoning district with an approved conditional use permit (CUP); and WHEREAS, the commission may permit this type of use if the conditions and requirements listed in SCC §15.10.320 are met; and WHEREAS, a 16-unit employee bunkhouse is currently in operation on the property and was approved by Resolution 2008-18 on December 16, 2008 and eonstructed in 2009; and WHEREAS, on July 17, 2018 the Planning and Zoning Commission approved a seeond, 12-unit employee bunkhouse on this same property by Resolution 2018-010; and WHEREAS, the 12-unit bunkliouse was never construeted, and the approved CUP beeame invalid according to SCC §15.10.320(0); and WHEREAS, there are very few properties in Seward that allow the construction of bunkhouses; and WHEREAS, employee housing is greatly needed in Seward; and I WHEREAS, the applicant has complied with all the public hearing requirements of SCC I 15.01.040. PLANNING AND ZONING COMMISSION RESOLUTION 2024-014 Page 2 of 4 I NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, that: Section 1. According to SCC §15.10.320.D., the Commission shall establish a finding that the use satisfies the following conditions and requirements prior to granting a conditional use permit: 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 auto commercial (AC) zoning district with an approved conditional use permit. The purpose of an auto commercial zoning district is “to provide areas to accommodate highway-oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas.” A. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. This property has had an employee bunkhouse in use for 15 years, and the value of the adjoining properties has not been negatively affected. Adding a second bunkhouse to the property will not change the nature of the land use that is currently occurring on the property. B. I 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. C. Seward Comprehensive Plan (approved by Council, May 30, 2017) Vol 1, Chapter 3.1.1.4 - Support private sector business, employment, and programs. Vol 1, Chapter 3.6.1.1 - Improve existing and develop additional recreational infrastructure. D.Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. The property already has access to city water, sewer, and power. The bunkhouse will be required to hook into these services and provide the proper metering. E.The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. All construction will abide by the International Fire Code and International Building Code. All parking will abide by ADA requirements.I 1 PLANNING AND ZONING COMMISSION RESOLUTION 2024-014 Page 3 of 4I F. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions and requirements 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. Every effort shall be made to retain and maintain the natural vegetative greenbelt/barrier between the bunkhouse and Resurrection Blvd, and between the project and the adjacent residential homes on the west side. 2. All construction waste and debris shall be removed weekly and upon completion of construction. 3. A minimum of nine (9) on-site parking spaces including one (1) ADA space for the bunkhouse shall be maintained on the site. Parking shall abide by ADA requirements. 4. Signage shall be posted to reserve the nine (9) parking spaces for bunkhouse occupants only. 5. The bunkhouse exterior shall be a muted color to help reduce visual impact to the nearby residential neighborhood. 6. Exterior lighting shall be shielded. 7. A bear-resistant garbage container shall be installed on the property and maintained as long as the bunkhouse is in use, in conformance with SCC 14.05. 8. Prior to the issuance of a building permit, the applicant shall submit a dimensioned site plan which identifies the location of the bear-resistant garbage container. 9. Per Seward City Code §15.10.325(0). an approved conditional use permit shall lapse six months after approval if no building permit is procured or if tbe allowed use is not initiated. Tbe commission may grant time extensions not to exceed six months each upon finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. 10. Modification of final approval of a conditional use permit may, upon application by the permittee, 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 application shall be subject to a public hearing and a filing fee set by City Council Resolution. I I 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 PLANNING AND ZONING COMMISSION RESOLUTION 2024-014 Page 4 of 4 I the administration to issue a conditional use permit to CATC Alaska Tourism Corporation to construct and operate a second employee bunkhouse at 208 Phoenix Road legally known as Lot 22A, Clearview 2018 Replat; within an auto commercial (AC) 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. Section 4. 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 5. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Planning and Zoning Commission this 2"^* day of July, 2024. THE CITY OE SEWARD, ALASKA I/ Carol Griswora, Chair Ullman, Charbonneau, Verhey, Hubbard, Griswold None Homseth None One AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk ,1111ii»r. (City Seal) I Planning and Zoning Agenda Statement Meeting Date: July 2, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Subject: Resolution 2024-014: Granting a Conditional Use Permit to CATC Alaska Tourism Corporation to Construct a Second Bunkhouse on Lot 22A, Clearview 2018 Replat; Located at 208 Phoenix Road; Within an Auto Commercial (AC) Zoning District Background and justification: SCC 15.10.320 Conditional Use Permits, Intent: It is recognized that there are some uses which may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property, and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission shall permit this type of use if the conditions and requirements listed in this chapter are met. Larry Harmon submitted a Conditional Use Permit application on behalf of CATC Alaska Tourism Corporation to construct a second employee bunkhouse at 208 Phoenix Road. The bunkhouse will have 16 rooms. The property consists of 2.334 acres, located within an auto commercial zoning district, which allows the land use of a bunkhouse with an approved CUP. The first 16-unit employee bunkhouse on the east side of the warehouse was approved through Resolution 2008-18 on December 16, 2008 and built in 2009. It has operated as a bunkhouse for the past 15 years. A second CUP was granted on July 17, 2018 through Resolution 2018-010 to construct a 12-unit bunkhouse on the same property. Work to construct this bunkhouse was never initiated, causing the CUP to become invalid after 6 months (SCC §15.10.320(G)). CATC Alaska Tourism Corporation plans to build the second bunkhouse on the west side of the warehouse in the same area of the property that was proposed in 2018. The applicant has complied with all the public hearing requirements of Seward City Code §15.01.040. Surrounding Land Use and Zoning: Development Requirements: The proposed structure meets the Zoning Code Development Requirements (Table 15.10.220) including lot coverage (maximum coverage of 50%), minimum 9 buildable lot size (6,000 square feet), setbacks (Front – 10’, Side – 5’, Side adjacent to street – 10’, and Rear – 10’), and building height (20’ for an accessory structure). Surrounding Land Use: The only adjacent properties are to the west and zoned two-family residential. The properties to the north are across Resurrection Blvd and are zoned two-family residential. The property to the south located across Phoenix Road is vacant and zoned resource management. Across Alice Drive to the east there is a hotel and a GCI facility. Both of those properties are zoned auto commercial. Floodplain Status: According to the Kenai Peninsula Floodplain Map, the area is not located within a flood zone. Utilities: Sewer, water, and power are already available to the property. Adequate fire, police and solid waste disposal services are available to the property. City code also requires that every building or building site within the city must provide containers suitable for refuse collection (SCC 14.05). All containers shall be watertight with an animal-proof lid. Parking: According to City Code §15.10.215 – Parking, dormitories/bunkhouses are required to have 1 parking space per 4 residents at maximum capacity. Since there will be 16 rooms which will sleep 2 residents each, 8 parking spaces will be required plus one ADA parking space for a total of nine (9). Parking spaces are required to be a minimum of 9 feet wide and 18 feet long. One space for a lower unit shall be dedicated in conformance with ADA parking regulations including signage. A parking plan is on file for the existing bunkhouse and the existing warehouse uses. A parking plan will be required prior to the issuance of a building permit. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 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, Chapter 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: Expand availability of affordable, diverse, year-round housing. (Page 18, Bullet 3) Promote Residential and Commercial Development inside the City. Encourage construction of residential and seasonal housing at all market levels (Page 9, Bullet 2) Other: Staff Comments 10 Department Comments No Comment N/A Building Department X Fire Department Public Works Department X Harbor Department X Police Department X Electric Department X Parks and Recreation X Telecommunications X Public Comment Property owners within three hundred (300) feet of the proposed Conditional Use Permit were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department has not received public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommended Conditions 1.Every effort shall be made to retain and maintain the natural vegetative greenbelt/barrier between the bunkhouse and Resurrection Blvd, and between the project and the adjacent residential homes on the west side. 2.All construction waste and debris shall be removed weekly and upon completion of construction. 3.A minimum of nine (9) on-site parking spaces including one (1) ADA space for the bunkhouse shall be maintained on the site. Parking shall abide by ADA requirements. 4.Signage shall be posted to reserve the nine (9) parking spaces for bunkhouse occupants only. 5.The bunkhouse exterior shall be a muted color to help reduce visual impact to the nearby residential neighborhood. 6. Exterior lighting shall be shielded. 7.A bear-resistant garbage container shall be installed on the property and maintained as long as the bunkhouse is in use, in conformance with SCC 14.05. 8.Prior to the issuance of a building permit, the applicant shall submit a dimensioned site plan which identifies the location of the bear-resistant garbage container. 9.Per Seward City Code §15.10.325(G). an approved conditional use permit shall lapse six months after approval if no building permit is procured or if the allowed use is not initiated. The commission may grant time extensions not to exceed six months each upon finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. 10.Modification of final approval of a conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission: 11 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 application shall be subject to a public hearing and a filing fee set by City Council Resolution. Recommendation The proposed use is permittable through the Conditional Use Permit process, which allows the Commission the opportunity to allow flexibility in the consideration of the impact of the proposed use on surrounding property, and the application of controls and safeguards to ensure that the proposed use will be compatible with the surroundings. The proposed use is compatible with the designated principal uses of the zoning district and surrounding land uses, is in harmony with the Comprehensive Plan, and will not be harmful to the public safety, health, or welfare, provided certain conditions are met. 12 Conditional Use Permit Application Property Map RES 2024-014 - Granting a conditional use permit to construct and operate a second employee bunkhouse Location: 208 Phoenix Road Parcel #: 14510448 Single-family Residential Auto Commercial Resource Management Two-family Residential Key Harbor Commercial 200 feet Context Map 17 Application Details This completed application is to be submitted to the Community Development Department no later than four (4) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. See link below for the submission deadline dates. https://www.cityofseward.us/government/boards-commissions/planning-zoning- commission/planning-zoning-commission-meetings Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $350 nonrefundable filing fee. Documents Needed: As-built survey of the property if it has been developed or a scaled site plan with elevations if the property is undeveloped Scaled drawings of structures to be built Any other pertinent documents to describe or support the project Applicant Information Full Name* Lawrence Harmon Mailing Address* PO BOX 1650 Seward, AK 99664 Email* harmon@harmon-construction.com Phone Number* 907-224-7145 Property Information Is the applicant the property owner?* No Property Owner Name* CATC ALASKA TOURISM CORP 6/24/24, 12:22 PM CUP-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3109/react-form-details/3109 18 Property Owner Email* gnipp@kenaiordscom Property Owner Phone Number* 907-362-1682 Address* 208 Phoenix Road Seward, AK 99664 KPB Parcel Number* 14510448 Zoning District* Auto-Commercial (AC) Lot Size* 2.33 Zoning District: https://seward.maps.arcgis.com/apps/webappviewer/index.html? id=56d3e72bc65040a0a4fb459b15504b01 Legal Description* T 01S R 11W SEC SEWARD MERIDIAN SW 2018018 CLEARVIEW 2018 REPLAT LOT 22A The legal description of a property and the KPB Parcel number can be found at this link: https://gis.kpb.us/map/index.html?viewer=basic Click on the icon four from the left that looks like a pin and says "find parcel by address" when you hover your mouse over it. Type in your address and press "enter". Click on your parcel. A white box with information in it should appear on your screen. The parcel ID number is at the top. The Legal name of the property is in the middle under the heading, "Legal:" Development Information What structures are on the property?* Other 6/24/24, 12:22 PM CUP-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3109/react-form-details/3109 19 Describe what structures are on the property* WAREHOUSE, EMPLOYEE BUNKHOUSE How is the property currently being used?* EMPLOYEE HOUSING AND PARKING What is the proposed use of the property?* ADDITIONAL BUNKHOUSE What is the development timeline?* 8 MONTHS Requirements for Consideration Please note that prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit, it shall be established that the proposed use satisfies the following conditions of Seward City Code 15.10.320 (See the link below for specific City Code requirements) https://library.municode.com/ak/seward/codes/code_of_ordinances? nodeId=CD_ORD_TIT15PLLAUSRE_CH15.10SEZOCO_ART3SURE_15.10.320COUSPE State how the proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district* NONE 6/24/24, 12:22 PM CUP-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3109/react-form-details/3109 20 Click on this link to read the definitions of each zoning district https://library.municode.com/ak/seward/codes/code_of_ordinances? nodeId=CD_ORD_TIT15PLLAUSRE_CH15.05LAUSPL_15.05.025LAUSDISTDE Describe any impacts to the adjoining properties and how property values may be affected* NONE How is the proposed use consistent with the Seward Comprehensive Plan? Explain and cite examples from the plan (see link below)* NONE Seward Comprehensive Plan: https://www.cityofseward.us/home/showpublisheddocument/60/637001929598130000 Describe / list the public services and facilities that will serve the proposed use. (i.e., roads, utilities.)* WATER, SEWER, ELECTRIC The proposed project or use must not be harmful to the public health, safety and welfare. Describe how the proposed project meets this requirement. * NONE Describe any mitigation measures that may be needed to protect the public health, safety and welfare. * NONE 6/24/24, 12:22 PM CUP-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3109/react-form-details/3109 21 Document Uploads Include building elevation plans and a site plan, drawn to scale. The site plan should include: Property dimensions Location and dimensions of proposed and existing buildings Parking configuration Driveways and access Natural features Other pertinent information Site Plan / Project information*Supporting Documents Supporting Documents No File Uploaded Supporting Documents Signature I have the following legal interest in the property* Authorized the act for the person who has legal interest in the property I understand that this item will be scheduled for a Planning and Zoning Commission meeting only if all application materials are submitted not less than four (4) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge KFT survey.pdf KFT Seward site plan.pdf Kenai Fjords PRELIM PLANS.p df 6/24/24, 12:22 PM CUP-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3109/react-form-details/3109 22 Applicant Signature* Lawrence Harmon Jun 6, 2024 Property Owner Signature* Geri Nipp Jun 6, 2024 Attachments 208 Phoenix KFT land survey.pdf Uploaded by Courtney Bringhurst on Jun 12, 2024 at 10:44 AM AAA KFT Site Plan.pdf Uploaded by Courtney Bringhurst on Jun 12, 2024 at 10:44 AM 208 Phoenix KFT land survey.pdf AAA KFT Site Plan.pdf 6/24/24, 12:22 PM CUP-24-1 https://sewardak.workflow.opengov.com/#/explore/records/3109/react-form-details/3109 23 PARKING CALCULATION PROPOSED BUILDING: 9-PARKING SPACES BUNKHOUSE: 32 - BEDS/4 = 8 PARKING SPACES + 1 ADA PARKING SPACE WAREHOUSE (EXISTING): 7030 SF/1500 = 5 PARKING SPACES BUNKHOUSE (EXISTING): 32 - BEDS/4 = 8 PARKING SPACES 9 24 2625 226 27