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HomeMy WebLinkAboutPZ Res2025-005 CUP Chugiachmuit 704 Aspen Lane1 1 1 Sponsored by: Applicant Public Hearing: February 4, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-005 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO CHUGACHMIUT TO CONSTRUCT AND OPERATE A PHARMACY DRIVE-THRU WINDOW AT THE NEW CHUGACHMIUT REGIONAL HEALTH CENTER ON FORT RAYMOND SUBDIVISION REPLAT NO 1, 2022 ADDITION, LOT 7A-2; LOCATED AT 704 ASPEN LANE; WITHIN AN AUTO COMMERCIAL (AC) ZONING DISTRICT WHEREAS, Chugachmiut has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to construct and operate a pharmacy drive-thru window at their new healthcare facility located at 704 Aspen Lane; and WHEREAS, the property is in an Auto Commercial (AC) zoning district; and WHEREAS, a health clinic is allowed outright in the AC zoning district; and WHEREAS, a drive-in facility requires a CUP in the AC zoning district; and WHEREAS, a drive-in facility is defined as "any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles"; and WHEREAS, a pharmacy drive-thru window provides a contactless service option to individuals who may be sick and contagious as well as to individuals with weakened immune systems who are susceptible to infectious disease; and WHEREAS, a pharmacy drive-thru window improves accessibility for individuals with mobility concerns and challenges such as the elderly, pregnant women, people with disabilities, and parents with young children in the car to receive prescribed medication without needing to leave their vehicles; and WHEREAS, the property is located along the Seward Highway and has two driveway entrances to the facility, one directly on the Seward Highway, and the other on Aspen Lane; and WHEREAS, only one-way traffic will be allowed on the north side of the building where the pharmacy drive-thru window will be operated; and WHEREAS, the property to the west is zoned Institutional and is utilized for the American Legion Cemetery and the City of Seward Parks and Recreation warehouse; and CITY OF SEWARD, ALASKA RESOLUTION 2025-005 WHEREAS, the property to the south is zoned Auto Commercial, and utilized for the Seward Chamber of Commerce; and WHEREAS, the property to the north is zoned Auto Commercial and currently vacant, but is planned to be utilized for the new Public Works facility; and WHEREAS, the property to the east is located across the Seward Highway, is zoned Industrial and utilized by the Alaska Railroad; and WHEREAS, Seward City Code § 15.10.320 recognizes that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met; 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. The Commission finds that the proposed use satisfies the following conditions as specified in SCC §15.10.320.D. A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. a. Agree. A health clinic is allowed outright in the AC zoning district, however, a drive-in facility requires a CUP in the AC zoning district. B. The value of the adjoining property will not be significantly impaired. a. Agree. There is a privacy fence in-between the pharmacy drive-thru window and adjacent property that will shield neighbors from lighting and vehicles. It is recommended that the speaker volume from the drive-thru window be kept as low as possible to avoid disrupting visitors at the adjacent cemetery. C. The proposed use is in harmony with the Seward Comprehensive Plan. a. Agree. Vol 1, Chapter 2.2.6 "We value effective, accessible, and affordable healthcare." Vol 1, Chapter 3.7.1.5 — "Support expansion and modernization of health care facilities." 33 Vol 1, Chapter 3.7.1.8 — "Support and develop opportunities for individual and community health improvement." "Specifically, healthcare, community partnerships, and economical development." D. Public services and facilities are adequate to serve the proposed use. a. Agree. City water, sewer, and electricity are connected to the property which is accessed by two driveways: one on Aspen Lane and the other on the Seward Highway, and an adjacent paved pedestrian pathway on Port Avenue and the Seward Highway. 1 1 1 f i CITY OF SEWARD, ALASKA RESOLUTION 2025-005 E. The proposed use will not be harmful to the public safety, health, or welfare. a. Agree. The drive-thru window will only serve those in vehicles. However, the clinic has procedures in place to serve individuals who arrive at the clinic without a vehicle and require contactless service. Section 2. Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions shall be met by the applicant. Approval of the CUP shall be subject to the following conditions: 1. The applicant shall work with the building official through the building permit process to address any requirements per International Fire Code and International Building Code. 2. Signage shall be placed on the property indicating one-way traffic on the driveway going to and leaving the drive-thru window. 3. 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. 4. 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. Section 3. 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 2 are met by the applicant before a certificate of occupancy is granted, and authorizes administration to issue a conditional use permit to Chugachmiut to construct and operate a drive-thru pharmacy window at the Chugachmiut Regional Health Center located at 704 Aspen Lane. Section 4. 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 5. 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. CITY OF SEWARD, ALASKA RESOLUTION 2025-005 Section 6. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of February, 2025. THE CITY OF SEWARD, ALASKA 1 Carol GriswoM, Chair AYES: Sullivan, Ulman, Charbonneau, Hornseth, Hubbard, Griswold NOES: None ABSENT: Verhey ABSTAIN: None ATTEST: Kris Peck - City Clerk - (City Seal) 0 Planning and Zoning Agenda Statement Meeting Date: February 4, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2025-005, of the Planning and Zoning Commission of the City of Seward, Alaska, Granting a Conditional Use Permit to Chugachmiut to construct and operate a pharmacy drive-thru window at the new Chugachmiut Regional Health Center on Fort Raymond Subdivision Replat No 1, 2022 Addition, Lot 7A-2; Located at 704 Aspen Lane; Within an Auto Commercial (AC) Zoning District Background and justification: Chugachmiut has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission to construct and operate a pharmacy drive-thru window at the new Chugachmiut Regional Health Center currently being constructed at 704 Aspen Lane. The property is located within the Auto Commercial (AC) zoning district. A health clinic is allowed outright in the AC zoning district. However, a drive-in facility, defined as "any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles," requires a CUP in the AC zoning district. Pharmacy drive-thru windows provide a contactless service option to individuals who may be sick and contagious as well as to individuals with weakened immune systems who are susceptible to infectious disease. A pharmacy drive-thru window improves accessibility for individuals with mobility concerns and challenges such as the elderly, pregnant women, people with disabilities, and parents with young children in the car to receive prescribed medication without needing to leave their vehicles. The proposed drive-thru window can be accessed either by entering the property from the Seward Highway or Aspen Lane. Only one-way traffic will be allowed on the north side of the building where the pharmacy drive-thru window will be operated. The applicant has complied with all the public hearing requirements of Seward City Code § 15.01.040. Regarding conditional uses, Seward City Code § 15.10.320 states, "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 (Title 15) are met." 32 Prior to granting a conditional use permit, the Commission shall establish that the use satisfies the following conditions as listed in SCC § 15.10.320(D): 1. The use is consistent with the purpose of this chapter and the purposes of the zoning district; 2. The value of the adjoining property will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. 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. Surrounding Land Use and Zoning: Development Requirements: Seward City Code Title 15 does not have specific development requirements for a drive-thru window. The only requirements are the setback, building height, and lot coverage requirements for the entire building, which have been met. Surrounding Land Use: The property to the west is the American Legion Cemetery and Seward Parks and Recreation warehouse and is zoned Institutional. The property to the south is the Seward Chamber of Commerce and is zoned Auto Commercial. The property to the north is vacant but will be used for the future Public Works facility and is zoned Auto Commercial. The property to the east is across the Seward Highway and is owned by the Alaska Railroad and zoned Industrial. Floodplain status: According to the Kenai Peninsula Floodplain Map, the property is not located within a FEMA-mapped floodplain. Utilities: City water, sewer, and electricity are connected to the property. Parking: A drive-thru window does not require a specific number of parking spaces. Providing a drive-thru pharmacy window may alleviate parking congestion as individuals will not need to park and walk into the clinic to pick up a prescription. However, the clinic is required to have a certain number of parking spaces, which was reviewed and approved during the building permit process. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2.6 "We value effective, accessible, and affordable Plan: healthcare." Vol 1, Chapter 3.7.1.5 — "Support expansion and modernization of health care facilities." 33 Vol 1, Chapter 3.7.1.8 — "Support and develop opportunities for individual and community health improvement." Strategic Plan: N/A Staff Comments 1 Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Public Notice Property owners within three hundred (300) feet of the location of the proposed Conditional Use Permit action 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 regarding the proposed Conditional Use Permit. If any correspondence is received after publication of this agenda statement, it will be submitted to the Planning and Zoning Commissioners for their review. Recommended Conditions 1. The applicant shall work with the building official through the building permit process to address any requirements per International Fire Code and International Building Code. 2. Signage shall be placed on the property indicating one-way traffic on the driveway going to and leaving the drive-thru window. 3. Per Seward City Code § 15.10.325(0. 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. 4. 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. 34 The proposed use is permittable through the Conditional Use Permit process, which allows the Commission the opportunity to ensure that the use is consistent with the purpose 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. 35 Context Map CITIZENS' PAVILION Single-family Residential Multi -family Residential Auto Commercial Industrial Institutional Park A 200 feet Conditional Use Permit Application Property Map RES 2025-005 - Granting a conditional use permit to construct and operate a pharmacy drive-thru window Location: 704 Aspen Lane Parcel #: 14502628 39 CITY OF SEWARD P. U. Box 167 410 Adams Street Seward, Alaska 99664 Community Development 907.224.4048- Director 907,224.4020- Plaiuier 907.224.4049- Planning Assistant CONDITIONAL USE PERMIT APPLICATION 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. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $350 nonrefundable filing fee. In addition, please provide an as -built survey if the property has been developed or a scaled site plan with elevations if the property is undeveloped. Applicant: Chugachmiut Address: 1840 Bragaw St. Suite 110, Anchorage, AK 99508 Telephone Number: (907) 441-8565 Property Owner (if other than applicant): Address: Telephone Number: Property Description Address: 704 Aspen Lane Lot: 7A-2 Block: Email: kelley@chugachmiut.org Email: Subdivision: Lot Size: 3.31 T 01N R 01 W SEC 34 Seward Meridian SW 2022912 FORT RAYMOND Kenai Peninsula Borough Tax Parcel ID Number: 14502628 Development Information What structures are on the property? 1 Building How is the property being used? Regional Health Center What is the proposed use of the property? Provide Healthcare What is the development timeline? Completed by 03/31/25 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 attached pages for specific City Code requirements) 40 A) The proposed use is consistent with the requirements of the Seward Zoning Code and the designated zoning district. Please describe the use. Auto C'dmmercial (AC) �te5ctipiians quickly and converrtenliy wiUiuul leaving car, offenng a f-d51,, hassle -free experience, particularlpfor k Wilh Ynebt , issued ,� T 0A irme,u.Nat w\So ravirri \wht�eA fi pa{lcAnil mktrJive�� 6 i6a1 let• ce-AW. B) Describe any impacts to the adjoining properties and how property values may be affected. C) How is the proposed use consistent with the Seward Comprehensive Plan? Explain. You can view the plan at: http://www.citvorseward.us/ e use tOlIOW5 Vol 1 atld VOI II LUJU up 1. Specifically healthcart:, uunitnurtily parlrzer51iip5, euununikul develuprnerit. D) Describe 1 list the public services and facilities that will serve the proposed use. (i.e,, roads, utilities.) Water, sewer, electrical, policlrtg, and fire road accessed by Seward Highway and Aspen lane. E) The proposed project or use must not be harmful to the public health, safety and welfare. Describe any mitigation measures that may be needed to protect the public health, safety and welfare. N/A F) Include building elevation plans and a site plan, drawn to scale. The site plan should include: 1) Property dimensions ! 1 2) Location and dimensions of existing and planned buildings ❑ 3) Parking configuration See previous submitted building plans 4) Driveways and access on file with building department. 5) Natural features n J Other pertinent information 1, 1 41 I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge and that I have the following legal interest in the property: Owner of record I understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. Applicant Signature: Property Owner Signature: Enclosed: r_v,---() $350 Payment 17 I Dimensioned plot plan / drawings El Other: On file already with building department. 42 g k '4 a x :is _� .... 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X v J 00 U KQ 0 F F F l 4-1 • f l 1 DESCRIPTION PATIENT PARKING / DROP-OFF (FACING SOUTHWEST) AMBULANCE PICK UP (FACING SOUTHWEST) PHARMACY DRIVE-THRU (FACING SOUTHWEST) EXIT Q • 3 0 10 3 WRONG WAY (R5-1A) PATIENT PARKING / DROP-OFF (FACING SOUTHWEST) PHARMACY DRIVE-THRU (FACING SOUTHWEST) PATIENT PARKING / DROP-OFF (FACING NORTHEAST) PHARMACY DRIVE-THRU (FACING SOUTH) EXIT (FACING SOUTH) PATIENT PARKING / DROP-OFF (FACING EAST) PHARMACY DRIVE-THRU (FACING EAST) STOP (R1-1) WRONG WAY (R5-1A) Q C Q o 0 i 3 NO PARKING ANYTIME (R7-1) FACILITIES MAINTENANCE PARKING ONLY RESERVED PARKING (R7-8) VAN PARKING (R7-8A) RESERVED PARKING (R7-8) RESERVED PARKING (R7-8) RESERVED PARKING (R7-8) PATIENT DROP-OFF ONLY - NO PARKING ELDER PARKING ELDER PARKING ELDER PARKING ELDER PARKING ELDER PARKING NO PARKING FIRE LANE (R8-31 WITH ARROWS) NO PARKING FIRE LANE (R8-31 WITH ARROWS) ELECTRIC VEHICLE PARKING ONLY WHILE CHARGING ELECTRIC VEHICLE PARKING ONLY WHILE CHARGING ELECTRIC VEHICLE PARKING ONLY ELECTRIC VEHICLE PARKING ONLY ELECTRIC VEHICLE PARKING ONLY ELECTRIC VEHICLE PARKING ONLY — 0 ®0 ® 0 00000 ® 00000000e ®®®®®®® ® rt� aX prc N z OFOU zo� u, -wrc yo 0a w3 iJW yz a3 .o rc axj3 z - N I. % \ II I i "hle� \ \ l''' W ywo \F o xLa Mao T>O1- u- z g9z a�x aaa id r wZ g x 0: Ww .1-\ , -1.w, Q -. \ U O aU KOp \ �W r � \jQOx yN� SS x SSx h W2Q \3 Kx - ¢ax0 N Qw e\\\� KRQ lif .0 a= \ h AawNT T + g3 y Q '\ — -I \�NU— R \ s\ Wes. 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W,u.se.y. “I'LL03.1IVII3 yV%aH IBWIBOEI Mug. . 1.0'ELOE2./096 W19 rvd 9l.EE9 CD — kiR ny 0 i IIIEII 4 V)ISV1V `OHvM3S b31N30 H11d3H 1VNOIO 11fIWHOVOfHO inIwHOv9nH3 o- o- z 0 co _ m_ dD 0 Ell Ell Ell Ell Ell Ell El I Ell Ell Ell Ell Ell Ell E1114 Ell Ell k,--III 111 El IN IN a Ell Ell Ell Ell Ell Ell Ell Ell 11111 Ell 11- o- 0-- N rQ Ell 1- w'0.y110 wlwH Iw00. LP6CO3.1.,1I3 y4%aH le..169tl iln..15n. 1..0E2,096 W1e CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE 0\coc, V-)r-ov. , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on nuc ft , 9-0- she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Fort Raymond Subdivision Replat No 1, 2022 Addition, Lot 7A-2; Located at 704 Aspen Lane as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this h day ofJekn 2025. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE IC)--(1.9-dn '111\-magi \ , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040/16.01.015 on the property located at Fort Raymond Subdivision Replat No 1, 2022 Addition, Lot 7A-2; Located at 704 Aspen Lane on which the applicant has petitioned for a Public Hearing for a Conditional Use Permit to construct and operate a pharmacy drive-thru window at their health care facility, within an Auto Commercial (AC) Zoning District. The notice was posted on 1 C( 5 , which is days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this 16 day of , 2025 Signature 49