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HomeMy WebLinkAboutPZ Res2025-038 CUP 300 Washington StSponsored by: Applicant Public Hearing: December 2, 2025 Amended & Approved: December 2, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-038 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO VALERIE BRADSHAW TO OPERATE A HOTEL AT 300 WASHINGTON STREET WITHIN A CENTRAL BUSINESS (CB) ZONING DISTRICT WHEREAS, Valerie Bradshaw has submitted an application for a Conditional Use Permit to operate a hotel at 300 Washington Avenue, in the building commonly known as the Buick Building; and WHEREAS, the building was originally constructed in 1940 as an automobile dealership, later renovated into apartments, and has most recently been utilized for long-term residential rentals consisting of 14 units; and WHEREAS, due to the increasing costs of maintaining and repairing the aging structure, the property owner proposes to convert more than five of the existing apartment units into nightly rentals, which constitutes a hotel use under Seward City Code; and WHEREAS, pursuant to Seward City Code § 15.10.226, a hotel use is permitted within the Central Business (CB) zoning district with an approved Conditional Use Permit; and WHEREAS, the purpose of the Central Business zoning district is to provide for a compact, convenient, and attractive area of concentrated commercial development that encourages walk-in trade and supports retail, financial, entertainment, and professional services within enclosed structures; and WHEREAS, properties within the Central Business zoning district are allowed 100 percent lot coverage and are not required to provide off-street parking for outright permitted uses; and WHEREAS, the applicant has met all public hearing requirements in accordance with Seward City Code §15.01.040; and WHEREAS, Seward City Code §15.10.320 recognizes that certain uses may be compatible with principal uses within a zoning district if specific conditions are met, and establishes procedures and standards for the issuance of Conditional Use Permits to ensure compatibility with surrounding properties. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, that: PLANNING AND ZONING COMMISSION RESOLUTION 2025-038 Page 2 of 4 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: This condition has been met. 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 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 met. The existing building is currently used for long- term residential rentals and is proposed to transition primarily to short-term lodging accommodations, while retaining some long-term rental units. This change in use is not expected to significantly alter the character or economic viability of the surrounding area as the Central Business District already contains many similar uses. 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 3.1.1.2 — "Encourage and support downtown revitalization efforts on vacant and dilapidated buildings." 1 PLANNING AND ZONING COMMISSION RESOLUTION 2025-038 Page 3 of 4 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 is currently served by municipal water, sewer, and electrical utilities. It has direct access to both Third Avenue and Washington Street, as well as alley access along the east side of the parcel. These existing public services and facilities are adequate to accommodate the proposed use. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been met. All renovations to the structure will be required to comply with the International Building Code and International Fire Code, including the installation of an approved fire sprinkler system, ensuring that the proposed use meets applicable safety and life -safety standards. 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. 2. 3. 4. 5. Prior to issuing a certificate of occupancy, the building shall be brought into compliance with all applicable Fire and Life Safety Code requirements for a hotel, as determined by the Building Official and Fire Marshal. The property shall provide a minimum of one watertight, animal -resistant waste container. The container(s) shall be located on -site, with placement subject to approval by the Public Works Director and the authorized waste collection contractor. Exterior lighting shall be shielded and provide direct downward illumination. The Business shall provide 0.5 parking spaces per guest room within the building, one which shall be ADA compliant. 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 PLANNING AND ZONING COMMISSION RESOLUTION 2025-038 Page 4 of 4 conditions listed on Section 2, are met by the applicant, and authorizes the administration to issue a conditional use permit to Valerie Bradshaw to operate a hotel at 300 Washington Street legally known as West 50 feet of Lots 21, 22, & 23 and all of Lot 24, Block 10, Original Townsite of Seward; within a central business (CB) zoning district. 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 and authorizes the administration to issue a conditional use permit. Section 5. 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 6. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Planning and Zoning Commission this 2nd day of December, 2025. THE CITY OF SEWARD, ALASKA 13'tvw•-x. AteMat& Brenan Hornseth, Vice Chair AYES: Verhey, Hubbard, Charbonneau, Sullivan, Hornseth NOES: Pemberton ABSENT: None ABSTAIN: None VACANT : One ATTEST: Kris Peck City Clerk (City Seal) 1 1 1 Planning and Zoning Agenda Statement Meeting Date: December 2, 2024 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Subject: Resolution 2025-038, of the Planning and Zoning Commission of the City of Seward, Alaska, granting a conditional use permit to Valerie Bradshaw to operate a hotel at 300 Washington Street within a Central Business (CB) Zoning District Background and justification: Valerie has submitted an application for a conditional use permit to operate a hotel at 300 Washington Avenue. The building is commonly known as the Buick Building and was originally constructed in 1940. Previously built to operate as a car dealership, the building was renovated into apartments and has been utilized for long-term apartment rentals for the past few years. The apartment building has 14 rental units. Due to the increasing costs to maintain and upkeep the aging building, the owner is looking to convert more than 5 units into nightly rentals. A facility offering 6 or more guest rooms for lodging is considered a hotel. 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 purpose of the central business zoning district is "to provide for 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 businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade." The CB district does not require off-street parking and allows 100% lot coverage. 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." 84 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: The proposed structure meets the Zoning Code Development Requirements (Table 15.10.220) including lot coverage (maximum coverage of 100%), minimum buildable lot size (3,000 square feet), setbacks (none), and building height (38'). Surrounding Land Use: The property is surrounded by Central Business zoning, with an Institutional zoning district to the southwest. The surrounding land uses are commercial office and retail space, and parking lots for the commercial and Institutional uses. The proposed hotel is in the Historic District which is defined as, "An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance as to warrant conservation and preservation." (SCC 15.10.140(B)(41)) The historic district was established to define those areas of the City that meet state or federal standards for historic districts or that otherwise have special historic significance that merits additional consideration in land use regulation. (SCC 15.15.020) The sign code prohibits any sign extending above the roofline. (SCC 15.20.025(M)) Floodplain Status: According to the Kenai Peninsula Borough Floodplain Map, the property is not located within a Special Flood Hazard Area (SFHA). Utilities: Sewer, water, and power are already available to the property. Adequate fire, police and solid waste disposal services are available to the property. The 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, the Central Business zoning district does not require off-street parking to be provided, unless stipulated as a condition in a CUP. Any units that remain as long-term rentals would be considered a dwelling in a mixed -use building and 85 allowed outright, requiring no off-street parking. Previously, the 14 long-term rentals have operated for many years as a non -conforming use without designated off-street parking. Any parking spaces provided must be a minimum of 9ft wide and 18ft long, and ADA-compliant. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 3.1.1.2 — "Encourage and support downtown revitalization efforts on vacant and dilapidated buildings." Strategic Plan: Other: Vol 1, Chapter 3.1.1.4 — "Support private sector business, employment, and programs." N/A MP Staff Comments Department Comments No Comment N/A Building Department X Fire Department This change of use will require an Alaskan certified Architect to perform a code review of the building and submit a detailed Fire and Life Safety code summary report to the Fire Department. All findings must be addressed prior to a change of use. Public Works Department X Harbor Department X Police Department X Electric Department X Parks and Recreation X Telecommunications X ME 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 received public inquiries. If any additional correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. 86 1. Prior to issuing a certificate of occupancy, the building shall be brought into compliance with all applicable Fire and Life Safety Code requirements for a hotel, as determined by the Building Official and Fire Marshal. 2. The property shall provide a minimum of one watertight, animal -resistant waste container. The container(s) shall be located on -site, with placement subject to approval by the Public Works Director and the authorized waste collection contractor. 3. Exterior lighting shall be shielded and provide direct downward illumination. 4. 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. 5. 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. Recommendation 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. 87 _1 WASI1INGTON 100 feet WASHINGICON y- "Mr Context Map wAS INGTQN Conditional Use Permit Application Property Map Single-family Residential Urban Residential Central Business Institutional Park RES 2025-038 - Granting a conditional use permit to operate a hotel Location: 300 Washington Street Parcel #: 14908003 92 RES 2025-038: CUP to operate a hotel at 300 Washington Street Too to Wa_i n�ton st Zoo A HIN To)N( Image of 300 Washington Street 98 rn r 66' a0w T r D 0 c NRJO wti016 3NI 2 a31YM 11131111.0313 aV3Hd3A0 89.r 310.11H011 3A1YA d31YM THIRD AVENUE (ASPHALT) f T • L01- 00z 0 o-< 55 - 45 55 --» -�- 55 --.rn 55 ALLEY �- — (GRAVEL) 3O 1 ,�,, c,� x� is (1') k4 9 0 BUICK BUILDING APARTMENTS 300 WASHINGTON STREET SEWARD, ALASKA SITE PLAN 99 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE c,�n'1\ P C.V-o(. lc9 r, upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on 1 ) r 0 4 ) D O Q-S- she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Lots 21, 22, 23 & all of Lot 24, Block 10, Original Townsite of Seward; physical address 300 Washington Street, as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this ti �-\ day of ti pxbc?r 2024. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, Jo..(-y\ ip CvoCC12.i' , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 for the property located at Lots 21, 22, 23 & all of Lot 24, Block 10, Original Townsite of Seward; physical address 300 Washington Street, the owners of which have petitioned for a Public Hearing for a Conditional Use Permit to operate a Hotel within a Central Business £CB) Zoning District. The notice was posted on tDoJX ‘M bQX U , which is 15 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 17 day of .wdbPr_, 2024. °t1)(1,,VAJ� Signature 101