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HomeMy WebLinkAbout09112024 Planning & Zoning LAYDOWN_Substitute RES 2024-017Sponsored by: Applicant Public Hearing: September 3, 2024 Postponed: September 3, 2024 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION SUBSTITUTE RESOLUTION 2024-017 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO GRACE GROUP PROPERTIES 1 LLC TO CONSTRUCT A 42-ROOM HOTEL ON LOTS 12, 13, 14 AND THE NORTH ',4 OF LOT 15, BLOCK 15, ORIGINAL TOWNSITE OF SEWARD; LOCATED AT 313 AND 315 FOURTH AVE; WITHIN A CENTRAL BUSINESS (CB) ZONING DISTRICT WHEREAS, John Wisel has submitted a conditional use permit application on behalf of Grace Group Properties 1 LLC to construct a 42-unit hotel with a cafe and two event spaces at 313 & 315 Fourth Ave; and WHEREAS, the property is located within the central business zoning district; and WHEREAS, a hotel is allowed in the central business zoning district with an approved CUP; and WHEREAS, the proposed location for the hotel consists of 3 separate lots; and WHEREAS, Seward city code 12.01.030 states that "no building, except a single-family residence, may be constructed across platted property lines"; and WHEREAS, the properties will need to be platted into one parcel; and WHEREAS, the proposed hotel is in the historic district; and WHEREAS, Seward city code 15.20.035(M) prohibits any sign from extending above the roofline; and WHEREAS, outright allowed uses in the central business district are not required to provide off-street parking; and WHEREAS, hotels are not an outright allowed use in the central business district, a condition of this permit is to provide the number of parking spaces required for a hotel in SCC 15.10.215; and WHEREAS, SCC 15.10.215 requires one parking space per guest unit; and WHEREAS, the proposed plans for the 42-unit hotel is designed for 100% lot coverage and does not accommodate on -site parking; and PLANNING AND ZONING COMMISSION RESOLUTION 2024-017 Page 2 of 5 WHEREAS, SCC 15.10.215(E)(1) states that the "required parking may be provided on a lot that is not occupied or abutting the principal use, provided that (i) there is a pedestrian route not longer than 600 feet to the lot occupied by the principal use, or (ii) access is provided by a scheduled shuttle service or a valet parking attendant." WHEREAS, a condition of this permit will require a recorded parking agreement to be established between the owner, owner of the parking lot, and the city to provide the 42 parking spaces and a shuttle service maintained for the benefit of the hotel for the life of the hotel; and WHEREAS, building height is calculated according to 2021 International Building Code regulations; and WHEREAS, the 2021 International Building Code states that "towers, spires, steeples, and other rooftop structures" including the 44' high elevator override and 39' high stair roof, are exceptions to the allowable height; and WHEREAS, Seward City Code 15.10.320 allows the Commission to issue Conditional Use Permits for certain uses which may be compatible with designated principal uses in specific zoning districts provided certain requirements and conditions are met; 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 PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, that: Section 1. According to SCC 15.10.320 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. 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 hotel is allowed within the central business (CB) zoning district with an approved conditional use permit. The CB zoning district is defined as "an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of PLANNING AND ZONING COMMISSION RESOLUTION 2024-017 Page 3 of 5 businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade." A hotel is defined as "a facility with six or more guest rooms and on -premises management offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns " B. The value of adjoining property will not be significantly impaired. Finding: This condition has been partially met. The northern portion of property on which the hotel will be built is vacant, and the southern portion of the property has an abandoned, dilapidated building. Removal or repair of this building will improve the image of the property and street. A new structure on this property could potentially bring more individuals to the downtown area that would patronize the surrounding businesses. 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. Seward Comprehensive Plan (approved by Council, May 30, 2017) Plan statements that are in harmony with this application: Vol 1, Chapter 2.2.11 —"Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established." Vol 1, Chapter 3.1.1.2 — "Encourage and support downtown revitalization efforts on vacant and dilapidated buildings." Vol 1, Chapter 3.1.1.4 — "Support private sector business, employment, and programs." 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 electricity. The property has direct access to Church Street, which is a one- way street going west, and Fourth Ave. The property is also served by the alley on the west side. 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, including an approved sprinkler system. ADA requires that 60% of the public entrances on a building be accessible, however PLANNING AND ZONING COMMISSION RESOLUTION 2024-017 Page 4 of 5 the main entrance on the east side is not. It is recommended that this entrance should also be ADA compliant. 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: 1. Prior to receiving a building permit, the owner of the hotel must provide a recorded parking agreement signed by the owner of the hotel, the owner of the off -site parking lot, and the city which guarantees that the required off -site parking spaces for the hotel plus the required spaces for the cafe and the two event rooms will be maintained for the benefit of the hotel for the life of that use. 2. A minimum of 44 parking spaces, which shall include at least two (2) ADA compliant parking spaces shall be provided at the off -site parking location for the hotel. 3. An additional 25 parking spaces, which shall include at least one (1) ADA compliant parking space shall be provided at the off -site parking location for the cafe and the two event rooms located within the hotel. 4. A shuttle/valet service must be provided by the hotel to transport individuals between the parking lot and the hotel. 5. The hotel shall not reserve any parking for its use along Fourth Ave. 6. The main entrance on Fourth Ave shall be ADA-compliant. 7. Snow and ice must be removed from the site and may not be pushed into the street. 8. The hotel shall provide a minimum of one watertight, animal resistant dumpster screened on three sides by a solid wood structure. The location of the dumpster(s) shall be on -site and approved by the Public Works Director and waste contractor. 9. Exterior lighting shall be shielded and provide direct downward illumination. 10. Signage on the building shall not extend above the roofline. 11. 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. 12. 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 plan shall be subject to a public hearing and a filing fee set by City Council Resolution. PLANNING AND ZONING COMMISSION RESOLUTION 2024-017 Page 5 of 5 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 Grace Group Properties 1 LLC to construct a 42-room hotel at 313 & 315 Fourth Ave legally known as Lots 12, 13, 14 and the north'/2 of Lot 15, block 15, Original Townsite of Seward; within a central business (CB) 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 3rd day of September, 2024. THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal)