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HomeMy WebLinkAboutPZ Res2025-018 CUP 2018 Dunham DrSponsored by: Applicant Public Hearing: May 6, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-018 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO MORNING STAR VENTURES LLC TO CONSTRUCT A 4- PLEX AT 2018 DUNHAM DRIVE WITHIN A MULTI -FAMILY RESIDENTIAL (R3) ZONING DISTRICT WHEREAS, G & P Enterprises LLC has applied for a Conditional Use Permit (CUP) from the Seward Planning and Zoning Commission on behalf of Morning Star Ventures LLC to construct a 4-plex at 2018 Dunham Drive; and WHEREAS, the property is in a Multi -Family Residential (R3) zoning district; and WHEREAS, a duplex was approved to be constructed on the property in October 2024; and WHEREAS, a duplex is allowed outright in the R3 zoning district; and WHEREAS, the owner would like to add another two dwelling units on the property, and the addition of these two units will turn the duplex into a 4-plex; and WHEREAS, a 4-plex requires a CUP in the R3 zoning district; and WHEREAS, the surrounding properties are also zoned R3 and contain a mixture of single- family dwellings, duplexes, and multi -family dwellings; 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. Finding: Yes, a multi -family dwelling is allowed in the R3 zoning district CITY OF SEWARD, ALASKA RESOLUTION 2025-018 with an approved CUP. B. The value of the adjoining property will not be significantly impaired. a. Finding: The surrounding properties are zoned for multi -family dwellings and already contain a mixture of single-family, duplex, and multi -family dwellings. C. The proposed use is in harmony with the Seward Comprehensive Plan. a. Finding: Yes, the proposed use is supported by the Comprehensive Plan Vol 1 Ch 2.2.11 - Economic Base • `Encourage the development of infrastructure expansion plans for currently undeveloped residential and commercial property." Vol 1 Ch 3.2 - Land Use • "Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values." • "Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations • "Support apartments and other high -density residential development" Vol 1 Ch 3.3 - Housing • "Encourage development of new housing in Seward." • "Support a range of housing choices that meet the needs of people in various income and age groups." D. Public services and facilities are adequate to serve the proposed use. a. Finding: Yes, city water, sewer, and electricity are connected to the property. The property has access to Dunham Drive. E. The proposed use will not be harmful to the public safety, health, or welfare. a. Finding: This condition has been met. 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. For any upgrades or connections 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. 3. A minimum of 9 parking spaces shall be provided for on site. At least one (1) of those parking spaces shall be compliant with the Americans Disabilities Act (ADA). 4. All parking and maneuverability shall remain on site for the life of the use. 5. 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. 1 1 CITY OF SEWARD, ALASKA RESOLUTION 2025-018 6. 7. 8. 9. Bear -resistant carts designed to prevent the upsetting or spillage by wind, weather, animals, or accident, shall be provided for all garbage and refuse for the life of the use. A three -walled structure with roof must be provided on site to house the bear -resistant carts. 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. 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, and authorizes administration to issue a conditional use permit to Morning Star Ventures LLC to construct a 4-plex on Lot 4, Block 3, Gateway Subdivision Addition No. 1, located at 2018 Dunham Drive. 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. Section 6. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6`" day of May, 2025. THE CITY OF SEWARD, ALASKA CAA,--( Carol Griswo d, Chair CITY OF SEWARD, ALASKA RESOLUTION 2025-018 AYES: Charbonneau, Verhey, Hubbard, Pemberton, Griswold NOES: ABSENT: Hornseth, Sullivan ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) OF S E lifj4. VJV Fps .: SE-- AL :.: • ,''•`lrTE OF �P\; „•• 1 1