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HomeMy WebLinkAboutOrd2007-008Sponsored hy: Plannig~ agd 7.oniug Commission lgtruductiuh llate: Nuvemher 13, 21107 f ubfic [icarink Date: Nuvemher Zti, ZOf)7 >iuactmenl Date: Nuvemher 26, 20(17 crTi OF SF.VS':1tu),AL:~SI(a ORI)1NANCF 2007-008 AN ORDINANCE ()F TILE CITY Ct~l~!VCII• C)F TIIE CITE' OF,tiI•:11'AI2I), ALASKA, ~11\IENI)ING S)•:Vi'AIZ.D CITY CUI>E T11'LF. 15, LAND l1SE,S ALLOVVF.D "I:4RI,L 15.10.22; TO :>,1,LO~V' '1'C)WNHUIISLS !iY C'O?><DI'1'lON.Vt. !:5'E PEI2AIIT L~ I'NE CE1'TI~iL BI~SIVESti DfSTIZt('T (CBD) V1'HF.RCAS, townhouses are not currently allowul within Qtc C'eniral Rosiness Zoning District jC'BDj; and V~'IIERF'.AS, an apartment in a comutzrcia] buildink is allow outright within t}rc Central Business District; and 11'IIEIZI~:AS, ~:panments (tn'n or more), conclorniriiurris ar><i ntultilarttilti~ clrrcllrrrgs are currently allowed by Conditional lase Permit within the Central Business District, (CBD); and lti'Hb;IZI;dS, rrntrthousea are surutar to character to srpartmerus, zottduuuniurns and multi Cannily dwellings; and VYfIERF::i4, townhauszs are currently allowed by C'onditiunal tise Permit within the Iv4ultifamily (R3), Urhan Residential (L'R), OClicc. kesidential lnRl, .Auto Commercial (AC) and Resvwce'~ianakcment (P~1) Lnning Districts oCSeward; artd ~V'HEI2EAS, Seward l'iR Cud ;~15.10._':iS. ?o~vrilrnuses. provides rc•rtt+irement, and standards for the development of townhouses µ ithin the cuunnunily; and R'NN;Hk':15, the conrmrutity bas atpre.,.aed a desire to entourage resideotial det;lopntent within lhc. downtown core arc of Seward; and WHF.RI~`:15, alloairt toa•nhvuses within the Central Business Zoning District (C:'8D) by C'onditiuu Use Penuit will provide morn options for residential development; and V1'HEREAB, i[ is in tiie ttublir iurerest tU maintain a city code that is up to date and in tune with currettt community needs; and V~'HF:Ri/:15, aftowing townhouses by Conditions( [isz Permit in the Central Business Toning llr- riot (CBll) will not create any greater impact nn the district than Wbcr nnlltifarrrily ippe develupurnt currently allowed in the area; and CITY OF SEWARD, ALASKA ORDINANCE 2007-08 Page 2 of 3 WHEREAS, at the October 16, 2007 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed Zoning Code amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Title 1 S Seward City Code Table 15.10.225 Land Uses Allowed is hereby amended as follows: [item in BOLD & ITALIC is added to the table] RR Rl R2 R3 UR OR AC HC CB I RM INS P Dwelling, attached single family, ie: C C C C C C townhouse, row Section 2. SCC 15.10.235(k) is amended as follows: (k) Homeowners Association. The developer or subdivider of any townhouse development shall give evidence that compliance with the u^..;.,°-•*^' D°°~°.~•. Regirr~es Common Interest Ownership Act, AS 34~~7 34.08, has been made prior to the sale of any townhouse dwelling units. (1) The developer or subdivider of any townhouse development shall deposit with the appropriate homeowners association, formed in compliance with the Her~ental n.-^~°.~•, n°°:..,°~ Common Interest Ownership Act cited in this section, a contingency fund in the sum of $500.00 per dwelling unit in the townhouse development fund. (2) A copy of the dec/aration and bylaws of the homeowners association showing in what manner the aforesaid contingency fund shall be controlled shall be furnished to the city for review and approval. Section 3. This ordinance shall take effect ten (10) days following its enactment. crrY~ (~r SE\vaRD, ~1.nsK~ ORl~mi.aNt'r 3007-0 Page ~ of 3 ENnC'fRl) l3Y 'rHT: CIT"1 COUNCII.OF'1'HF. CITY' C)F SEYY'.aRD, :U..asi;A, TH1S 3titkr DAY OF VO\''t~~fF3CR _'UI);. TH>!: CITY' Ut' SEYL'AKf), :11.:~ti{~A /^ ~ Cfark Curbrfdge, tta~ror .~Y1-'.ti; I)unham> \ aldatta, Bardarson, ~lmberg, Smith, Kellar, CoTbridge :1,t)CS: Nonr aRSLNT: None .ARSTAIV Noui .arT>sT: Jcarr i.ewis, 'AQi (.'ityClerk ;ll:c:llit~rt~d (City Sca!) ~," >` .... -,,i- °.r v fja~ r~. •. V S ,~ .r '~ ~Y w .A L•~'~'`~G,~,. t 19,y~ ,ter doh 116i'.)el* Council Agenda Statement Mcetiug Date: Nuvcruber 13, 2007 "_ 'through: Phillip hates, City Manage From: Donna Gtertt, !'lzuming Assistant Agenda ltcm: Amending Seward City Code "Citlc 15, Land Uses Allowed Table 1>. 10.225 To Allow Townhouses By Conditional Ilse Pemtit In "Iltc Central Rosiness AACKGIZUUNU & .11iSTIFICATIUN: In resporue to several public iuquires and requests to allow townhouse development in the Central l3usiucss District, the Plarming and 7.oning Commission held a public work session on September q. 2UU7. Following the review and discussion at the work session the Commission requested stafFbring forward a proposed code change to the Land Uses Allowed Table §I S, l 0.225 to allow townhouse development in the Central Aasiness District by Conditional Use Permit. On October 16.2UU7 the Planning anJ Coning Commission held a public hearing on tltc requested code amendment. ['ollvwing the public hearing and discussion the Commission approved Resolution 2007-19 recommending Council approve Ordinance 2007-08. Attached for Council's review and adoption is Urdirtance 200708. Thix proposed Code amendment will allow townhouse development in the Central Business District by Conditional T lse permit. Townhouses arc cturrently allowed by Conditional t Ise permit and strict Code guidelines within the Multifamily (JZ~), 1Jrban Residential (UK), pf~ce Residential (UR), .Ruts Cornrnercial (AC') and Resource Management (RMj "Coning Districts of Seward. "townhouses are similar in character to aparmtcnts, condominiums and tnultifamily dwellings which are cturently allowed by Conditional Use pernaif within the Central Business District, (CBD). Seward City Code t1 ] 5.10.235. Townhouses currently provide development guidelines as follows: (aj Generally. The standards set forth in this section shall complement the general standards set forth in this chapter and shall not be wnstn~ed as superseding any general standard. In dtc event of conflict, the stricter standard shaft control. Notwithstanding the. provisions of any other section of this chapter, towrthouses shall he conditionally permitted in accordance with the land uses allowed table 15.10.225 if the I6ltuwutg requirements are met. (b) Conditions. The proposed development meets all conditions specified in this chapter under section 15.10,320, conditional use permit. All tuwriltouse developments constructed prrrsrrant to a conditional rise permit issue) under the provisions of this chapter shall be constructed in compliance with current state sulfates. Seward City Council Agenda Statement (c) Plan. A detailed development plan is submitteJ wilt[ the application for a conditional use to include a site plan, drawn to scale. Such site plat[ shall include, but shall not be limited tu, the topography and drainage oftlte proposed site, the location of all buildings attd structures on the site, courts and open space area, circulation pattcnts, utgtcss and egress points, parking areas (including the total ntnnber of parking spaces provided), and a general floor plan ofthe principal buildings, together with other such information as the commission shall reyuire. The number of contiguous units permitted shall be related to the topography, aosthctics, access and public safety. The development plan and the wnditiunal usu application may be rejected or modified if the development plat[ is not consistent with good design, efficient use ul'the site, and conunuttity standards. (d) Nwntx:r of writs. Not more that[ six contiguous townhouses shall be built in a row wit}[ t1u satuc. or approximately the same front line. (c) Separation requirement. No portion of a townhouse or accessory structure in or related to a group of contiguous townhouses shall be closer than 15 fret lu any portion of a townhouse or accessory structure related to another group, or to any building outside the development area. (f) Minimum lot width. Minimum lot width for an individual townhouse is 12 feet. Larger lul anJ luw•tthousc units [nay be required to assure adequate living space. (g) Lot wverage. '1'hc maximum lot coverage by all buildings shall be 40 percent. Carports open on three sides shall not be considered buildings for calculating maximum lot coverage. (h) Parking. Grouping of parking spaces is desirable; provided, that spaces intended for a particular unit are no more than 10011-et 1'rum the unit. Un minor streets, use of the right-ot=way may be petmitteJ fur maneuvering incidental to parking where this will facilitate snow nmuval. Un collector and arterial streets, maneuvering incidental to parking shall nut be permitted. (i) Covered storage. Two hundred cubic feet of covered storage space shall be provided exclusive of the living area of the unit. (j) Party walls. All party walls shall adhere to fire safety standards as es4tblishal by the city fire code. (k) Homeowners association. The developer or subdivider of any townhouse development shall give evidence that compliance with the Horizontal Property Regimes Acl, AS 34.07, has been made prior to the sale of any tow•nhoase dwelling units. (1) T'he developer or subdivider of any townhouse development shall deposit with the appropriate homeowners association, formed in compliance with tltc Horizontal Property Regimes Act cited in this section, a wntingency fund in the sum of $5(10.(10 per dwelling unit in the townhouse development fiord. (Z) A copy ul'thc bylaws of the homeowners association showring in what manner the aforesaid contingency fiord shall be controlled shall be furnished to the city lur Seward City Council Agenda Statement review and approval, (1) Landscaping. All azcas not devoted to buildings, clrivcs, walks, parking areas or other authorized installations shall be covered with unc or more of the followring: lawn grass, natural or ornamental sltmbbery or trees. (m) Rights-vl=way. All roadways, fire lanes, or areas for maneuvering incidental to parking (not to include designated commonly-held open space ur recreational areas) shall be a rttininutm of 22 li;ct in width. Purthennore, no vehicular parking shall be allowed in the aforementioued areas. While the City Code dues not provide a definition specific to tvwnhouges it does provide defittitiutts for the following similar uses: 75.'!0.'140. Definitions. Aunt. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or wtticlr is occupied as the home or residence of an individun! for daily !i viug a»d doing his own cuvkLtg independently of any other individual ur fatnily in the satnc building (sec "dwelling") Condominium. A l'urtn of housing ownership by which a person may purchase and own one dwelling unit in a multi-unit huilding or development. leach owner owns a common interest in such tttittgs at the unctcrlying land, cvnwwn w~1ls, stairwells, elevators, lobbies, laundry counts and recreation rooms. Dwetlina. A building designed or used exclusively as living quarters for one ur more families. Dwellingmultiple-latnil •. A huilding designed as a residence for three or ature families, with the numtx:r of families in residence not exceeding the number ofdwe(fing units provided and each living independently of the other under unc roof. 'The following definition vl' a townhouse was provided on the web by the board of real estate horsiness: Townhorse: A townhouse is one O' C! rnN' of homes shoring common walls. DifJering.jrvm cundurniniums, tuwnha~se. ownership does include i»dividual ownership gjthe ]and. There can also he corrunnn elements, such as a central cnarryard that would have shored nw>tership. CONSISTENCY CHECKLIST Yes Nu NA I . Compmhcnsive Plan (2020) 3.2. L2. Expattd the opportunity for affordable, diverse, year-round housing thratgh Seward City Council Agenda Statement appropriate land use regulations. (Page 20j • Promote inlill development by prumotutg housing construction on small vacant lots in aln;ady established areas of the city, • Evaluate mixed cununcrcial and residential uses in the Seward downtown business district. • Ensvuragedowntownapartmcntsrtndottterhighdensityn:sidentialdevetopmenl, includutg seasonal housing at all market levels. 2. Strategic Plan (141) X Continue to Support anJ Encourage the Re-vitalization of Downtown (page 14) • Focus downtown revitalization efforts un vacaut and dilapidated buildings • Enwurage downtown resident apartments Asper City Code Q 15.01.040 Public I Iearings; the public notice requirements were met. Al the time of publishing this agenda. two public inquiries had been received. fhe first inquiry was seeking elarificauon un the Cenrral Business District boundaries. but adtcrwise was in support of the Code change. "1-hc second inquiry spoke against the requested wdc amendment. FISCAL NOTE: l he City of Seward will have no costs associated with this amendment to the Land llse Plan and Change of zoning designation. j ~~~~~,;~, Approved by Finattce nepattmenty~I _ "_ __a~„~`_ IZF,COMMF.NDATION: Staff recommends Council introduce and adopt Ordinance 2007-08, intending the Sewani City Codc Title 15, I.;~rtd Lscs AIlaeved Table 15, IU.?25 To AIIow Townhouses by(,onditionat Use Permit in the Central Business District (CBll).