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Home My WebLink AboutPZ Resolution 2026-003 CUP 2405 Seward HwySponsored by: Applicant Public Hearing: April 7, 2026 Amended and Approved: April 7, 2026 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2026-003 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO ROBERT WILLIAMS AND TRAVIS MAURER FOR THE CONSTRUCTION OF A SEVENTEEN - UNIT MULTI -FAMILY RESIDENTIAL STRUCTURE, INCLUDING APPROVAL OF A BUILDING HEIGHT OF UP TO FORTY-EIGHT (48) FEET, ON TRACT 5B-2, FOREST ACRES SUBDIVISION, SEWARD GATEWAY PROPERTIES, LOCATED AT 2405 SEWARD HIGHWAY, WITHIN AN AUTO COMMERCIAL (AC) ZONING DISTRICT WHEREAS, Robert Williams and Travis Maurer have applied for a Conditional Use Permit (CUP) to construct multi -family housing within the Auto Commercial (AC) zoning district in the City of Seward, Alaska; and WHEREAS, pursuant to Seward City Code 15.10.220(B)(1), approval of the CUP would allow the developer to construct the multi -family residential building up to a height of 48 feet; and WHEREAS, a multi -family residential development is permitted within the AC zoning district through the CUP process, subject to review and approval to ensure compatibility with surrounding uses and compliance with applicable provisions of the Seward City Code; and WHEREAS, the applicants propose to construct a multi -family residential building with seventeen (17) units; and WHEREAS, the building will include four (4) three -bedroom units. four (4) two -bedroom units, four (4) one -bedroom units, and five (5) studio units; and WHEREAS, these seventeen units will result in a diverse mix of housing types intended to accommodate individuals, couples, families, and households of varying sizes; and WHEREAS, a goal of the Seward Comprehensive Plan is to expand opportunities for affordable, diverse, year-round housing and to support a range of housing choices that meet the needs of people in various income and age group; and WHEREAS, the City of Seward has a recognized need for affordable long-term housing, particularly "missing middle" housing such as apartments and multi -family units that serve working individuals and families; 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 PLANNING AND ZONING COMMISSION RESOLUTION 2026-003 Page 2 of 5 WHEREAS, the public notification process was complied with and the appropriate public hearing, as required by Seward City Code § 15.01.040. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA: 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 multi -family dwelling is allowed within the auto commercial (AC) zoning district with an approved conditional use permit. The AC zoning district is defined as "an area intended 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." Seward City Code §15.10.220(B)(1) also allows building heights up to 48 feet through the CUP process when specific criteria are met, including location within the defined area and development as multi -family residential. The subject property meets the geographic criteria outlined in the code, and the proposed use is permitted within the AC zoning district through a CUP. The proposed building height is therefore allowable, subject to this approval. B. The value of adjoining property will not be significantly impaired. Finding: This condition has been met. The surrounding land uses include municipal and public -use properties (city snow dump, campground, airport, and vacant land). Due to the nature and separation of these uses, the proposed development is not expected to negatively impact adjoining property values. The project represents development of long -vacant land and is compatible with the surrounding area. 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. PLANNING AND ZONING COMMISSION RESOLUTION 2026-003 Page 3 of 5 Seward Comprehensive Plan (approved by Council, May 30, 2017) Plan statements that are in harmony with this application: Vol 1, Chapter 2.2. 1 1 D. "Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established." Vol 1, Chapter 3.2.1.2 — "Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations." Vol 1, Chapter 3.3.1.1 — "Support a range of housing choices that meeting the needs of people in various income and age groups." Vol 1, Chapter 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." Vol 1. Chapter 3.9.1.1 — "Maintain Seward's small town, family -oriented character throughout the growth process." E. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. Public services, including water, sewer, electric, and road access, will be available to adequately serve the proposed development, subject to required improvements through the subdivision agreement and building permit process. 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. F. The proposed use will not be harmful to the public safety, health or welfare. Finding: The proposed development will be required to comply with all applicable local, state, and federal regulations, including the International Building Code and International Fire Code, ensuring that it will not be harmful to public safety, health, or welfare. The subject property is located adjacent to the Seward Highway, which is designed to accommodate higher traffic volumes. As a result. traffic generated by the development is expected to be absorbed by existing infrastructure and is not anticipated to significantly impact surrounding residential areas. 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: PLANNING AND ZONING COMMISSION RESOLUTION 2026-003 Pace 4 of 5 1. The applicant shall coordinate with the Building Official during the building permit review process to ensure compliance with all applicable provisions of the International Building Code (IBC) and International Fire Code (IFC). 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. Dwelling units within the development shall not be used as short-term rentals. For purposes of this condition, short-term rental shall mean the rental or lease of a dwelling unit for a period of less than thirty (30) consecutive days. 4. All exterior lighting shall be fully shielded and directed downward to minimize glare and light spillover onto adjacent properties and public rights -of -way. 5. A minimum of one (1) parking space per unit shall be provided for on site. The parking shall be compliant with the Americans Disabilities Act (ADA). 6. All parking and maneuverability shall remain on site for the life of the use. 7. Functional bear -resistant refuse 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. 8. A three -walled structure with a roof must be provided on site to house the bear -resistant carts. 9. A snow storage plan shall be submitted with the building permit and approved by the Public Works Director. 10. A landscaping plan shall be submitted with the building permit and implemented on the property prior to a certificate of occupancy being issued. 11. The applicant shall obtain all necessary state or federal permits, including any State Department of Transportation permits that may be required. 12. 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. 13. 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 in Section 2, are met by the applicant, and authorizes the administration to issue a conditional use permit to Robert Williams and Travis Maurer for the construction of a seventeen -unit multi -family PLANNING AND ZONING COMMISSION RESOLUTION 2026-003 Page 5 of 5 residential structure, including approval of a building height of up to forty-eight (48) feet, on Tract 5B-2, Forest Acres Subdivision, Seward Gateway Properties, located at 2405 Seward Highway, within an Auto Commercial (AC) 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. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 7Ti" DAY OF APRIL, 2026. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: C are Sulliva ' , Chair Wilder, Verhey, Charbonneau, Hubbard, Hornseth; Sullivan Kris Peck City Clerk (City Seal)